Illinois General Assembly - Full Text of SB2174
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Full Text of SB2174  95th General Assembly



State of Illinois
2007 and 2008


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


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.

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SB2174 LRB095 19232 JAM 45490 b

1     AN ACT concerning finance.
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 30-22 as follows:
6     (30 ILCS 500/30-22)
7     Sec. 30-22. Construction contracts; responsible bidder
8 requirements. To be considered a responsible bidder on a
9 construction contract for purposes of this Code, a bidder must
10 comply with all of the following requirements and must present
11 satisfactory evidence of that compliance to the appropriate
12 construction agency:
13         (1) The bidder must comply with all applicable laws
14     concerning the bidder's entitlement to conduct business in
15     Illinois.
16         (2) The bidder must comply with all applicable
17     provisions of the Prevailing Wage Act.
18         (3) The bidder must comply with Subchapter VI ("Equal
19     Employment Opportunities") of Chapter 21 of Title 42 of the
20     United States Code (42 U.S.C. 2000e and following) and with
21     Federal Executive Order No. 11246 as amended by Executive
22     Order No. 11375.
23         (4) The bidder must have a valid Federal Employer



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1     Identification Number or, if an individual, a valid Social
2     Security Number.
3         (5) The bidder must have a valid certificate of
4     insurance showing the following coverages: general
5     liability, professional liability, product liability,
6     workers' compensation, completed operations, hazardous
7     occupation, and automobile.
8         (6) The bidder and all bidder's subcontractors must
9     participate in applicable apprenticeship and training
10     programs approved by and registered with the United States
11     Department of Labor's Bureau of Apprenticeship and
12     Training.
13         (7) For contracts with the Illinois Power Agency, the
14     Director of the Illinois Power Agency may establish
15     additional requirements for responsible bidders. These
16     additional requirements, if established, shall be set
17     forth together with the other criteria contained in the
18     invitation for bids, and shall appear in the appropriate
19     volume of the Illinois Procurement Bulletin.
20         (8) The bidder and all the bidder's subcontractors
21     shall remit health and welfare insurance, training, and
22     pension or retirement contributions required by the
23     Prevailing Wage Act to bona fide employee benefit plans
24     administered and maintained in accordance with the
25     Employee Retirement Income Security Act or the Illinois
26     Insurance Code; provided that (A) such payments are held in



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1     trust for the purposes of paying, either from principal or
2     income, or both, for the sole and exclusive benefit of
3     employees and their families and dependents for medical and
4     hospital care, training, or pensions or other retirement
5     benefits on retirement and (B) employees and employers are
6     equally represented in the administration of such fund or
7     insurance. Health and welfare insurance plans governed by
8     the Illinois Insurance Code are exempt from the requirement
9     in clause (A) that such payments be held in trust.
10     The provisions of this Section shall not apply to federally
11 funded construction projects if such application would
12 jeopardize the receipt or use of federal funds in support of
13 such a project.
14 (Source: P.A. 95-481, eff. 8-28-07.)