HB3835 94TH GENERAL ASSEMBLY

LRB094 10950 JAM 41533 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3835

Introduced 2/25/2005, by Rep. Richard P. Myers

SYNOPSIS AS INTRODUCED:

30 ILCS 500/30-22

Amends the Illinois Procurement Code. Requires construction agencies to adopt rules concerning participation by bidders in U.S. Department of Labor apprenticeship programs. The rules must not unfairly impact small businesses.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning procurement.

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. Construction agencies shall promulgate rules governing participation in apprenticeship programs as a requirement to become certified as a responsible bidder for construction contracts. These rules shall be promulgated in a manner to ensure that small businesses are not unfairly impacted by this item (6).

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. 93-642, eff. 6-1-04.)