093_SB1335sam001

 










                                     LRB093 03392 JAM 12766 a

 1                    AMENDMENT TO SENATE BILL 1335

 2        AMENDMENT NO.     .  Amend Senate Bill 1335 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Procurement Code is amended by
 5    changing Section 25-60 as follows:

 6        (30 ILCS 500/25-60)
 7        Sec. 25-60.  Prevailing  wage  requirements;  retaliatory
 8    discharge of "whistleblowers" prohibited.
 9        (a)  All  services  furnished  under service contracts of
10    $2,000 or more or $200 or more per month and  under  printing
11    contracts  shall  be subject to the following prevailing wage
12    requirements:
13             (1)  Not less than the general prevailing wage  rate
14        of  hourly  wages  for work of a similar character in the
15        locality in which the work is produced shall be  paid  by
16        the  successful  vendor  to its employees who perform the
17        work on the State contracts.  The bidder or  offeror,  in
18        order  to  be  considered  to  be a responsible bidder or
19        offeror for the purposes of this Code, shall  certify  to
20        the  purchasing  agency  that  wages  to  be  paid to its
21        employees are no less, and fringe  benefits  and  working
22        conditions  of  employees  are  not  less favorable, than
 
                            -2-      LRB093 03392 JAM 12766 a
 1        those prevailing in the locality where the contract is to
 2        be performed.  Prevailing wages  and  working  conditions
 3        shall  be  determined  by  the  Director  of the Illinois
 4        Department of Labor.
 5             (2)  Whenever a collective bargaining  agreement  is
 6        in  effect between an employer, other than a governmental
 7        body, and service or printing  employees  as  defined  in
 8        this   Section  who  are  represented  by  a  responsible
 9        organization that is in no way influenced  or  controlled
10        by  the  management,  that  agreement  and its provisions
11        shall be  considered  as  conditions  prevalent  in  that
12        locality and shall be the minimum requirements taken into
13        consideration by the Director of Labor.
14             (3)  Collective  bargaining agreements between State
15        employees and the State of Illinois shall  not  be  taken
16        into  account  by  the Department of Labor in determining
17        the prevailing wage rate.
18        (b)  As used in this Section, "services" means janitorial
19    cleaning services, window cleaning services,  food  services,
20    and  security  services.   "Printing"  means and includes all
21    processes and operations involved in printing, including  but
22    not  limited  to  letterpress, offset, and gravure processes,
23    the  multilith  method,  photographic  or  other  duplicating
24    process,  the   operations   of   composition,   platemaking,
25    presswork,  and  binding,  and  the  end  products  of  those
26    processes,  methods,  and  operations.   As used in this Code
27    "printing" does not include photocopiers used in  the  course
28    of  normal  business  activities, photographic equipment used
29    for geographic mapping, or printed matter  that  is  commonly
30    available to the general public from contractor inventory.
31        (c)  The terms "general prevailing rate of hourly wages",
32    "general  prevailing  rate  of wages", or "prevailing rate of
33    wages" when used in this  Section  shall  have  the  meanings
34    ascribed  to  those terms in Section 2 of the Prevailing Wage
 
                            -3-      LRB093 03392 JAM 12766 a
 1    Act (820 ILCS 130/2). mean the hourly cash wages plus  fringe
 2    benefits  for  health  and welfare, insurance, vacations, and
 3    pensions paid generally, in the locality in which the work is
 4    being performed, to employees engaged in work  of  a  similar
 5    character.
 6        (d)  "Locality"  shall  have  the  meaning established by
 7    rule.
 8        (e)  This Section does not apply  to  services  furnished
 9    under contracts for professional or artistic services.
10        (f)  This  Section  does not apply to vocational programs
11    of training for physically or mentally handicapped persons or
12    to sheltered workshops for the severely disabled.
13        (g)  No person shall discharge, discipline, in any  other
14    way   discriminate   against,  or  cause  to  be  discharged,
15    disciplined, or discriminated against  any  employee  or  any
16    authorized  representative of employees by reason of the fact
17    that  the  employee  or   representative   (i)   has   filed,
18    instituted,   or   caused  to  be  filed  or  instituted  any
19    proceeding alleging a violation of  this  Section,  (ii)  has
20    testified  or is about to testify in any proceeding resulting
21    from the administration or enforcement of  this  Section,  or
22    (iii) offers any evidence of any violation of this Section.
23        (h)  Any  employee  or  a representative of employees who
24    believes that he or she has been discharged, disciplined,  or
25    otherwise discriminated against by any person in violation of
26    subsection   (g)  may,  within  30  days  after  the  alleged
27    violation occurs, apply to the Director of Labor for a review
28    of the discharge, discipline, or  alleged  discrimination.  A
29    copy  of  the  application  shall  be  sent to the person who
30    allegedly  committed  the  violation,  who   shall   be   the
31    respondent.  Upon  receipt  of  an  application, the Director
32    shall cause an investigation to be made as he  or  she  deems
33    appropriate.  The  investigation shall provide an opportunity
34    for a public hearing at the  request  of  any  party  to  the
 
                            -4-      LRB093 03392 JAM 12766 a
 1    review  to enable the parties to present information relating
 2    to the alleged violation. The parties shall be given  written
 3    notice  of  the time and place of the hearing at least 5 days
 4    before  the  hearing.  Upon  receiving  the  report  of   the
 5    investigation, the Director or his or her designee shall make
 6    findings  of  fact.  If  the  Director or his or her designee
 7    finds that a violation did occur, he or  she  shall  issue  a
 8    decision  incorporating his or her findings and requiring the
 9    party committing  the  violation  to  take  such  affirmative
10    action   to   abate  the  violation  as  the  Director  deems
11    appropriate, including, but not limited to, the  rehiring  or
12    reinstatement  of the employee or representative of employees
13    to his or her former position and compensating him or her for
14    the time he or she was unemployed. If the Director finds that
15    there was no violation,  he  or  she  shall  issue  an  order
16    denying  the  application. An order issued by the Director or
17    his or her designee under this Section shall  be  subject  to
18    judicial review under the Administrative Review Law.
19        (i)  The Director of Labor shall adopt rules implementing
20    subsection (h) in accordance with the Illinois Administrative
21    Procedure Act.
22    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)".