SB2174 95TH GENERAL ASSEMBLY

LRB095 19232 JAM 45490 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2174

Introduced 2/14/2008, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

30 ILCS 500/30-22

Amends the Illinois Procurement Code. With respect to the criteria for status as a responsible bidder on State construction contracts, adds requirements concerning contributions for employee health insurance, training, and pension or retirement benefits.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

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

Section 5. 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 participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

(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.

(8) The bidder and all the bidder's subcontractors shall remit health and welfare insurance, training, and pension or retirement contributions required by the Prevailing Wage Act to bona fide employee benefit plans administered and maintained in accordance with the Employee Retirement Income Security Act or the Illinois Insurance Code; provided that (A) such payments are held in trust for the purposes of paying, either from principal or income, or both, for the sole and exclusive benefit of employees and their families and dependents for medical and hospital care, training, or pensions or other retirement benefits on retirement and (B) employees and employers are equally represented in the administration of such fund or insurance. Health and welfare insurance plans governed by the Illinois Insurance Code are exempt from the requirement in clause (A) that such payments be held in trust.

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.)