093_SB1335eng

 
SB1335 Engrossed                     LRB093 03392 JAM 03410 b

 1        AN ACT concerning prevailing wages.

 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 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
23        those prevailing in the locality where the contract is to
24        be performed.  Prevailing wages  and  working  conditions
25        shall  be  determined  by  the  Director  of the Illinois
26        Department of Labor.
27             (2)  Whenever a collective bargaining  agreement  is
28        in  effect between an employer, other than a governmental
29        body, and service or printing  employees  as  defined  in
30        this   Section  who  are  represented  by  a  responsible
31        organization that is in no way influenced  or  controlled
 
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 1        by  the  management,  that  agreement  and its provisions
 2        shall be  considered  as  conditions  prevalent  in  that
 3        locality and shall be the minimum requirements taken into
 4        consideration by the Director of Labor.
 5             (3)  Collective  bargaining agreements between State
 6        employees and the State of Illinois shall  not  be  taken
 7        into  account  by  the Department of Labor in determining
 8        the prevailing wage rate.
 9        (b)  As used in this Section, "services" means janitorial
10    cleaning services, window cleaning services,  food  services,
11    and  security  services.   "Printing"  means and includes all
12    processes and operations involved in printing, including  but
13    not  limited  to  letterpress, offset, and gravure processes,
14    the  multilith  method,  photographic  or  other  duplicating
15    process,  the   operations   of   composition,   platemaking,
16    presswork,  and  binding,  and  the  end  products  of  those
17    processes,  methods,  and  operations.   As used in this Code
18    "printing" does not include photocopiers used in  the  course
19    of  normal  business  activities, photographic equipment used
20    for geographic mapping, or printed matter  that  is  commonly
21    available to the general public from contractor inventory.
22        (c)  The terms "general prevailing rate of hourly wages",
23    "general  prevailing  rate  of wages", or "prevailing rate of
24    wages" when used in this  Section  shall  have  the  meanings
25    ascribed  to  those terms in Section 2 of the Prevailing Wage
26    Act (820 ILCS 130/2). mean the hourly cash wages plus  fringe
27    benefits  for  health  and welfare, insurance, vacations, and
28    pensions paid generally, in the locality in which the work is
29    being performed, to employees engaged in work  of  a  similar
30    character.
31        (d)  "Locality"  shall  have  the  meaning established by
32    rule.
33        (e)  This Section does not apply  to  services  furnished
34    under contracts for professional or artistic services.
 
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 1        (f)  This  Section  does not apply to vocational programs
 2    of training for physically or mentally handicapped persons or
 3    to sheltered workshops for the severely disabled.
 4        (g)  No person shall discharge, discipline, in any  other
 5    way   discriminate   against,  or  cause  to  be  discharged,
 6    disciplined, or discriminated against  any  employee  or  any
 7    authorized  representative of employees by reason of the fact
 8    that  the  employee  or   representative   (i)   has   filed,
 9    instituted,   or   caused  to  be  filed  or  instituted  any
10    proceeding alleging a violation of  this  Section,  (ii)  has
11    testified  or is about to testify in any proceeding resulting
12    from the administration or enforcement of  this  Section,  or
13    (iii) offers any evidence of any violation of this Section.
14        (h)  Any  employee  or  a representative of employees who
15    believes that he or she has been discharged, disciplined,  or
16    otherwise discriminated against by any person in violation of
17    subsection   (g)  may,  within  30  days  after  the  alleged
18    violation occurs, apply to the Director of Labor for a review
19    of the discharge, discipline, or  alleged  discrimination.  A
20    copy  of  the  application  shall  be  sent to the person who
21    allegedly  committed  the  violation,  who   shall   be   the
22    respondent.  Upon  receipt  of  an  application, the Director
23    shall cause an investigation to be made as he  or  she  deems
24    appropriate.  The  investigation shall provide an opportunity
25    for a public hearing at the  request  of  any  party  to  the
26    review  to enable the parties to present information relating
27    to the alleged violation. The parties shall be given  written
28    notice  of  the time and place of the hearing at least 5 days
29    before  the  hearing.  Upon  receiving  the  report  of   the
30    investigation, the Director or his or her designee shall make
31    findings  of  fact.  If  the  Director or his or her designee
32    finds that a violation did occur, he or  she  shall  issue  a
33    decision  incorporating his or her findings and requiring the
34    party committing  the  violation  to  take  such  affirmative
 
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 1    action   to   abate  the  violation  as  the  Director  deems
 2    appropriate, including, but not limited to, the  rehiring  or
 3    reinstatement  of the employee or representative of employees
 4    to his or her former position and compensating him or her for
 5    the time he or she was unemployed. If the Director finds that
 6    there was no violation,  he  or  she  shall  issue  an  order
 7    denying  the  application. An order issued by the Director or
 8    his or her designee under this Section shall  be  subject  to
 9    judicial review under the Administrative Review Law.
10        (i)  The Director of Labor shall adopt rules implementing
11    subsection (h) in accordance with the Illinois Administrative
12    Procedure Act.
13    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)