HB5224 95TH GENERAL ASSEMBLY

LRB095 14643 JAM 41596 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5224

Introduced , by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 500/30-22

Creates the Local Government Construction Contract Act. Requires that if a unit of local government or school district imposes responsible bidder requirements similar to those of the Illinois Procurement Code when procuring construction, the unit or district must provide notice of and a public hearing on the adoption of any guidelines implementing required participation in certain apprenticeship and training programs. Amends the Illinois Procurement Code. With respect to the requirement that a responsible construction contract bidder and the bidder's subcontractors must participate in applicable apprenticeship and training programs, permits participation in training by an organization approved by the National Center for Construction Education and Research (now, only apprenticeship and training programs approved by the federal government). Includes safety training within "training". Defines participation as (i) the bidder's and subcontractor's affiliation with or membership in a trade union or organization that provides the applicable apprenticeship and training programs and (ii) the bidder's and subcontractor's enrollment of apprentices or workers in the applicable programs for the contract work to be performed. Requires that State construction agencies adopt implementing rules.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Government Construction Contract Act.

Section 5. Definitions. As used in this Act:

"Construction" means building, altering, repairing, improving, or demolishing any public structure or building, or making any improvement of any kind to public real property. "Construction" does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

"Local government construction agency" means a unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, or a school district that procures construction projects using a bidding or request for proposal process incorporating requirements for responsible bidders similar in substance to any of those requirements of Section 30-22 of the Illinois Procurement Code.

Section 10. Notice and public hearing concerning adoption of certain guidelines required. A local government construction agency that requires participation of responsible construction contract bidders and subcontractors in apprenticeship or training programs described in paragraph (6) of Section 30-22 of the Illinois Procurement Code shall provide adequate notice of and a public hearing on adoption of any guidelines for compliance with that requirement.

Section 90. The Illinois Procurement Code is amended by changing Section 30-22 as follows:

(30 ILCS 500/30-22)

Sec. 30-22. Construction contracts; responsible bidder requirements. To be considered a responsible bidder on a construction contract for purposes of this Code, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency:

(1) The bidder must comply with all applicable laws concerning the bidder's entitlement to conduct business in Illinois.

(2) The bidder must comply with all applicable provisions of the Prevailing Wage Act.

(3) The bidder must comply with Subchapter VI ("Equal Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder must have a valid certificate of insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.

(6) The bidder and all bidder's subcontractors must: (A) participate in applicable apprenticeship and training programs, including safety training, approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training or (B) participate in applicable training, including safety training, provided by an organization approved by the National Center for Construction Education and Research . For the purposes of this paragraph (6), "participate" means that (i) the bidder and subcontractor have an affiliation with or membership in a trade union or organization that provides the applicable apprenticeship or training program and (ii) the bidder and subcontractor enroll apprentices or workers who will be performing the work to be bid upon in the applicable apprenticeship or training program. State construction agencies shall provide by rule for the implementation of this paragraph (6).

(7) For contracts with the Illinois Power Agency, the Director of the Illinois Power Agency may establish additional requirements for responsible bidders. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.

The provisions of this Section shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such a project.

(Source: P.A. 95-481, eff. 8-28-07.)