093_SB1335eng SB1335 Engrossed LRB093 03392 JAM 03410 b 1 AN ACT concerning prevailing wages. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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 23 those prevailing in the locality where the contract is to 24 be performed. Prevailing wages and working conditions 25 shall be determined by the Director of the Illinois 26 Department of Labor. 27 (2) Whenever a collective bargaining agreement is 28 in effect between an employer, other than a governmental 29 body, and service or printing employees as defined in 30 this Section who are represented by a responsible 31 organization that is in no way influenced or controlled SB1335 Engrossed -2- LRB093 03392 JAM 03410 b 1 by the management, that agreement and its provisions 2 shall be considered as conditions prevalent in that 3 locality and shall be the minimum requirements taken into 4 consideration by the Director of Labor. 5 (3) Collective bargaining agreements between State 6 employees and the State of Illinois shall not be taken 7 into account by the Department of Labor in determining 8 the prevailing wage rate. 9 (b) As used in this Section, "services" means janitorial 10 cleaning services, window cleaning services, food services, 11 and security services. "Printing" means and includes all 12 processes and operations involved in printing, including but 13 not limited to letterpress, offset, and gravure processes, 14 the multilith method, photographic or other duplicating 15 process, the operations of composition, platemaking, 16 presswork, and binding, and the end products of those 17 processes, methods, and operations. As used in this Code 18 "printing" does not include photocopiers used in the course 19 of normal business activities, photographic equipment used 20 for geographic mapping, or printed matter that is commonly 21 available to the general public from contractor inventory. 22 (c) The terms "general prevailing rate of hourly wages", 23 "general prevailing rate of wages", or "prevailing rate of 24 wages" when used in this Section shall have the meanings 25 ascribed to those terms in Section 2 of the Prevailing Wage 26 Act (820 ILCS 130/2).mean the hourly cash wages plus fringe27benefits for health and welfare, insurance, vacations, and28pensions paid generally, in the locality in which the work is29being performed, to employees engaged in work of a similar30character.31 (d) "Locality" shall have the meaning established by 32 rule. 33 (e) This Section does not apply to services furnished 34 under contracts for professional or artistic services. SB1335 Engrossed -3- LRB093 03392 JAM 03410 b 1 (f) This Section does not apply to vocational programs 2 of training for physically or mentally handicapped persons or 3 to sheltered workshops for the severely disabled. 4 (g) No person shall discharge, discipline, in any other 5 way discriminate against, or cause to be discharged, 6 disciplined, or discriminated against any employee or any 7 authorized representative of employees by reason of the fact 8 that the employee or representative (i) has filed, 9 instituted, or caused to be filed or instituted any 10 proceeding alleging a violation of this Section, (ii) has 11 testified or is about to testify in any proceeding resulting 12 from the administration or enforcement of this Section, or 13 (iii) offers any evidence of any violation of this Section. 14 (h) Any employee or a representative of employees who 15 believes that he or she has been discharged, disciplined, or 16 otherwise discriminated against by any person in violation of 17 subsection (g) may, within 30 days after the alleged 18 violation occurs, apply to the Director of Labor for a review 19 of the discharge, discipline, or alleged discrimination. A 20 copy of the application shall be sent to the person who 21 allegedly committed the violation, who shall be the 22 respondent. Upon receipt of an application, the Director 23 shall cause an investigation to be made as he or she deems 24 appropriate. The investigation shall provide an opportunity 25 for a public hearing at the request of any party to the 26 review to enable the parties to present information relating 27 to the alleged violation. The parties shall be given written 28 notice of the time and place of the hearing at least 5 days 29 before the hearing. Upon receiving the report of the 30 investigation, the Director or his or her designee shall make 31 findings of fact. If the Director or his or her designee 32 finds that a violation did occur, he or she shall issue a 33 decision incorporating his or her findings and requiring the 34 party committing the violation to take such affirmative SB1335 Engrossed -4- LRB093 03392 JAM 03410 b 1 action to abate the violation as the Director deems 2 appropriate, including, but not limited to, the rehiring or 3 reinstatement of the employee or representative of employees 4 to his or her former position and compensating him or her for 5 the time he or she was unemployed. If the Director finds that 6 there was no violation, he or she shall issue an order 7 denying the application. An order issued by the Director or 8 his or her designee under this Section shall be subject to 9 judicial review under the Administrative Review Law. 10 (i) The Director of Labor shall adopt rules implementing 11 subsection (h) in accordance with the Illinois Administrative 12 Procedure Act. 13 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)