HB3846 96TH GENERAL ASSEMBLY

LRB096 09896 JAM 20059 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3846

Introduced 2/26/2009, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 500/30-22
30 ILCS 805/8.33 new

Creates the Local Government Construction Contract Act. Provides that a bidder on a construction contract with a unit of local government or school district and all of that bidder's subcontractors must participate in active apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded contract. Preempts home rule powers. Exempts from the reimbursement requirements of the State Mandates Act. Amends the Illinois Procurement Code. With respect to construction contracts, requires bidders and subcontractors to participate in "active" (instead of applicable) apprenticeship and training programs "for each of the trades of work contemplated under the awarded contract".

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning construction contracts.

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

Section 1. Short title. This Act may be cited as the Local Government Construction Contract Act.

Section 5. Responsible bidders. A bidder on a construction contract with a unit of local government or school district and all of that bidder's subcontractors must participate in active apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded contract.

Section 80. This Act is exempt from any reimbursement requirements under the State Mandates Act.

Section 85. Home rule. A home rule unit may not regulate construction contracts in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. 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 active applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded contract.

(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.

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.)

Section 96. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the Local Government Construction Contract Act.