Full Text of SB2174 95th General Assembly
SB2174 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2174
Introduced 2/14/2008, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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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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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2174 |
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LRB095 19232 JAM 45490 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 30-22 as follows: | 6 |
| (30 ILCS 500/30-22)
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| 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
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| satisfactory
evidence of that compliance to the appropriate | 12 |
| construction agency:
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| (1) The bidder must comply with all applicable laws | 14 |
| concerning the
bidder's entitlement to conduct business in | 15 |
| Illinois.
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| (2) The bidder must comply with all applicable | 17 |
| provisions of the
Prevailing Wage Act.
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| (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.
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| (4) The bidder must have a valid Federal Employer |
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SB2174 |
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LRB095 19232 JAM 45490 b |
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| Identification Number
or, if an individual, a valid Social | 2 |
| Security Number.
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| (5) The bidder must have a valid certificate of | 4 |
| insurance showing the
following coverages: general | 5 |
| liability, professional liability, product
liability,
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| workers' compensation, completed operations, hazardous | 7 |
| occupation, and
automobile.
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| (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.
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| (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.
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| (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
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| 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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LRB095 19232 JAM 45490 b |
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| trust for the purposes of paying, either from
principal or | 2 |
| income, or both, for the sole and exclusive benefit of
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| 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.
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| (Source: P.A. 95-481, eff. 8-28-07.)
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