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 fringe2benefits for health and welfare, insurance, vacations, and3pensions paid generally, in the locality in which the work is4being performed, to employees engaged in work of a similar5character.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.)".