03-O-18
ORDINANCE
Sponsored by
THE HONORABLE MIKE QUIGLEY, JOHN P. DALEY AND
PRESIDENT JOHN H. STROGER, JR., COUNTY COMMISSIONERS
Co-Sponsored by
THE HONORABLE FORREST CLAYPOOL, EARLEAN COLLINS,
ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,
DEBORAH SIMS, BOBBIE L. STEELE AND LARRY SUFFREDIN
COUNTY COMMISSIONERS
DOMESTIC PARTNERSHIP REGISTRY ORDINANCE
WHEREAS, our society has created diverse living arrangements and an expanded concept of the family unit; and
WHEREAS, many persons today live as families in enduring, committed relationships other than legal marriages; and
WHEREAS, the County of Cook has an interest in supporting all caring, committed and responsible family units; and
WHEREAS, the County also recognizes that it is in the public interest for persons in committed relationships and who share common households to be able to register those relationships formally; and
WHEREAS, over 5,000 companies, foundations, unions, and non-profit organizations have domestic partnership benefit programs; and
WHEREAS, Cook County would be providing a service to those companies, foundations, unions and non-profits in Cook County by creating an official depository of information with a government agency; and
WHEREAS, a government-issued certificate of registered domestic partnership makes it easier for small businesses to provide benefits to all types of families.
NOW, THEREFORE, IT IS HEREBY ORDAINED, by the Cook County Board of Commissioners, AN ORDINANCE to assure that individuals shall be able to register their domestic partnerships with the Cook County Clerk.
DEFINITIONS
For purposes of this chapter ordinance:
1. A “domestic partnership” shall mean the relationship of two unmarried adults of the same sex who meet the additional criteria set forth in this ordinance.
2. A “domestic partner” shall refer to each person in a domestic partnership.
3. A “registered domestic partnership” shall mean domestic partnerships which have been properly registered in the Office of the County Clerk by the means set forth in this chapter ordinance and which have not been terminated under this chapter ordinance.
4. A “registered domestic partner” shall refer to each person in a registered domestic partnership.
5. An “affidavit of domestic partnership” shall mean an affidavit prepared by the Office of the County Clerk in accordance with procedures adopted by the County Clerk to verify that domestic partners meet the requirements of this chapter ordinance to become registered domestic partners. The procedures of the County Clerk with regard to such affidavits shall be adopted by the effective date of this legislation.
6. An “affidavit of termination” shall mean an affidavit on a form prepared by the Office of the County Clerk in accordance with procedures adopted by the County Clerk to effect termination of a registered domestic partnership by a registered domestic partner in accordance with this chapter ordinance. The procedures of the County Clerk with regard to such affidavits shall be adopted by the effective date of this legislation.
DOMESTIC PARTNERSHIP REGISTRATION
1. In order to register a domestic partnership, the domestic partners shall jointly execute an affidavit of domestic partnership before a notary public and file the affidavit in the Office of the County Clerk.
2. In addition to identifying information, each person executing an affidavit of domestic partnership must declare under penalty of perjury that:
a. Neither domestic partner is legally married;
b. Each domestic partner is eighteen (18) years of age or older;
c. Each domestic partner is competent to enter into a contract;
d. The domestic partners are not related by blood in a manner that would bar marriage in the State of Illinois;
e. The domestic partners share a common household within Cook County, or one domestic partner is employed to work within Cook County;
f. The domestic partners are in a close and committed relationship of mutual financial and emotional support and intend to remain in such a relationship;
g. Each is the other’s sole domestic partner and intends to remain each other’s sole domestic partner;
h. Neither domestic partner was in a registered domestic partnership that has terminated by operation of law within the thirty (30) calendar days immediately prior to the filing of the affidavit of domestic partnership; and
i. Each domestic partner agrees to file an affidavit of termination in accordance with this chapter ordinance, including written notice to the other, in the event that any of the above no longer applies.
3. A registered domestic partnership shall be established and effective upon the filing of a fully executed affidavit of domestic partnership with the Office of the County Clerk and payment of any required fees.
4. A Certificate of Domestic Partnership will be issued at the time of filing of the affidavit and payment of fees.
FORM OF AFFIDAVIT OF DOMESTIC PARTNERSHIP
All affidavits relating to the domestic partnership shall be executed on a form provided by the Office of the County Clerk. The affidavit of domestic partnership shall contain the following information and shall be in substantially the following form:
We, the undersigned, do hereby declare ourselves to be domestic partners. We are both eighteen years of age or older, unmarried and competent to enter into a contract. We are not related by blood in a manner that would bar marriage under the laws of the State of Illinois. We share a common household. We are in a close and committed relationship of mutual financial and emotional support and intend to remain in the relationship. We are each other’s sole domestic partner, have no other domestic partner and intend to remain each other’s sole domestic partner. Neither of us has terminated another registered domestic partnership within the last thirty calendar days. Each of us agrees to file a termination statement in the event that the domestic partnership is terminated.
AMENDMENT OF AFFIDAVIT OF DOMESTIC PARTNERSHIP
Either domestic partner may, on a form provided by the County Clerk, amend an affidavit of domestic partnership filed with the Office of the County Clerk at any time to reflect a change in the information previously provided to the County Clerk.
TERMINATION OF REGISTERED DOMESTIC PARTNERSHIP
1. Either or both registered domestic partners may seek to terminate a registered domestic partnership by filing in the Office of the County Clerk a notarized affidavit of termination declaring under penalty of perjury, that the domestic partnership is terminated, and if only one of the registered domestic partners executes the affidavit of termination, that he or she has sent written notice that he or she is terminating the registered domestic partnership to the other registered domestic partner at the other partner’s last known address, by means of registered mail, return receipt requested.
2. A registered domestic partnership shall terminate by operation of law:
(a) immediately upon either of the registered domestic partners marrying; or (b) if (a) does not apply, then thirty (30) calendar days after the earliest date that one or both registered domestic partners has filed an executed affidavit of termination or (c) either of the registered domestic partners has died.
3. The affidavit of domestic partnership, certificate of domestic partnership and affidavit of termination forms will reflect the information in this chapter ordinance as to when registered domestic partnerships commence and terminate by operation of law.
4. An affidavit of termination may be rescinded by a registered domestic partner until the time that termination would otherwise take effect. Nothing in this chapter ordinance prevents former registered domestic partners from filing a new affidavit of domestic partnership if they satisfy the requirements of this chapter ordinance.
FEES
The County Clerk shall set reasonable fees of not more than $30 to be charged for the (1) filing (2) amendment to, or (3) termination of, a domestic partnership registration. Upon payment of the aforesaid fee, the individual(s) shall receive two (2) certified copies of the applicable document. The fee for obtaining additional certified copies of the applicable document shall be the fee customarily charged by the County Clerk for obtaining additional certified copies of documents filed with the Office of the County Clerk.
OBLIGATIONS OF NEW DOMESTIC PARTNERS
1. When a domestic partnership has ended, each of the partners to the domestic partnership shall jointly or separately file an affidavit of termination within thirty (30) days with the Office of the County Clerk.
2. All registered domestic partners shall, within thirty (30) days of any change in that status, give notice to any party who, in order to qualify the domestic partner for a benefit or right, relied upon or was given a copy of the affidavit of domestic partnership.
RECORDS
1. The County Clerk shall maintain a log of registrations, amendments, certificates, and terminations of domestic partnerships by name of each individual and date of filing in a format designed to facilitate access to such statements. The log shall be a public record pursuant to the State of Illinois Freedom of Information Act. The County Clerk shall treat any other information of a personally identifying nature relating to any individual as a matter of personal privacy exempt from disclosure under the State of Illinois Freedom of Information Act.
2. Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships that have been registered with the Office of the County Clerk.
SEVERABILITY
If any section of this ordinance or the application thereof to any individual, partnership, or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the controversy in which such order or judgment was rendered.
EFFECTIVE DATE
This ordinance shall take effect ninety (90) days after its passage.
Approved and adopted this 1st day of July 2003.
03-O-19
ORDINANCE
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works," approved June 26, 1941, codified as amended, 820 ILCS 130/1 et seq. (1993), formerly Ill. Rev. Stat., Ch. 48, par. 39s-1 et seq.; and
WHEREAS, the aforesaid Act requires that the Board of Commissioners of the County of Cook investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of said County employed in performing construction of public works, for said County.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF COMMISSIONERS OF THE COUNTY OF COOK:
Section 1. To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works," approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of this County is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois as of June 2003, a copy of that determination being submitted hereto and incorporated herein by reference. As required by said Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department's June determination and apply to any and all public works construction undertaken by the County of Cook. The Definition of any terms appearing in this Ordinance which are also used in aforesaid Act shall be the same as in said Act.
Section 2. Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of this County to the extent required by the aforesaid Act.
Section 3. The Bureau of Human Resources shall publicly post or keep available for inspection by any interested party in the main office of this Bureau of Human Resources (County) this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications.
Section 4. The Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.
Section 5. The Bureau of Human Resources shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois.
Section 6. The Bureau of Human Resources shall cause to be published in a newspaper of general circulation within the area a copy of this Ordinance, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body.
Section 7. The Purchasing Agent of Cook County shall specify in the call for bids in any contract for public works that the general prevailing rate of wages in the locality for each craft or type of laborer or mechanic needed to execute the contract to perform such work, also the general prevailing rate for legal holiday and overtime work as ascertained by the Bureau of Human Resources, shall be paid for each craft or type of work needed to execute the contract or to perform such work. The Purchasing Agent in awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing rate of wages, as found by the Bureau of Human Resources, shall be paid to all laborers, workers and mechanics performing work under the contract, and the Purchasing Agent shall also require in all such contractor's bonds that the contract include such provision as will guarantee the faithful performance of such prevailing wage clause as provided by the contract.
Section 8. In the case of any underpayment of the prevailing wage, a penalty of 20% of the underpayment shall be assessed against the contractor or subcontractor; and the 20% penalty shall be payable to the Illinois Department of Labor. Any underpayment that has not been repaid to a worker within thirty-days of violation is subject to an additional 2% of the underpayment as a punitive damage assessment. This is payable to the worker.
Section 9. There is an automatic two (2) year debarment of any contractor or subcontractor found to have violated the Act on two (2) separate occasions. An affected contractor or subcontractor may request the Department to hold a hearing on the alleged violations within ten (10) days notification of the second violation.
Cook County Prevailing Wage for June 2003
Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng
============= == == = ===== ====== ====== ==== === ==== ===== ==== ===
Asbestos Abt-Gen ALL 28.000 28.750 1.5 1.5 2.0 3.580 2.970 0.000 0.170
Asbestos Abt-Mec BLD 23.300 24.800 1.5 1.5 2.0 3.640 5.520 0.000 0.000
Boilermaker BLD 34.350 37.430 2.0 2.0 2.0 3.950 5.150 0.000 0.150
Brick Mason BLD 30.150 32.150 1.5 1.5 2.0 4.550 5.080 0.000 0.120
Carpenter ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
Cement Mason ALL 32.000 33.000 2.0 1.5 2.0 4.880 3.750 0.000 0.150
Ceramic Tile Fnsher BLD 23.850 0.000 1.5 1.5 2.0 4.250 3.700 0.000 0.210
Comm. Elect. BLD 28.940 30.940 1.5 1.5 2.0 4.250 5.090 0.000 0.700
Electric Pwr Eqmt Op ALL 32.450 37.800 1.5 1.5 2.0 4.310 7.640 0.000 0.160
Electric Pwr Grndman ALL 25.310 37.800 1.5 1.5 2.0 3.360 5.960 0.000 0.120
Electric Pwr Lineman ALL 32.450 37.800 1.5 1.5 2.0 4.310 7.640 0.000 0.160
Electrician ALL 32.650 34.650 1.5 1.5 2.0 6.600 5.830 0.000 0.750
Elevator Constructor BLD 35.655 40.110 2.0 2.0 2.0 5.775 2.880 2.140 0.000
Fence Erector ALL 22.540 23.790 1.5 1.5 2.0 5.500 5.020 0.000 0.000
Glazier BLD 27.800 28.800 1.5 2.0 2.0 4.540 7.800 0.000 0.200
Ht/Frost Insulator BLD 29.800 31.550 1.5 1.5 2.0 5.910 7.560 0.000 0.230
Iron Worker ALL 32.580 34.080 2.0 2.0 2.0 6.000 9.660 0.000 0.270
Laborer ALL 28.000 28.750 1.5 1.5 2.0 3.580 2.970 0.000 0.170
Lather BLD 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
Machinist BLD 31.920 33.670 2.0 2.0 2.0 3.200 3.100 2.200 0.000
Marble Finishers ALL 23.000 0.000 1.5 1.5 2.0 3.600 3.800 0.000 0.240
Marble Mason BLD 26.780 28.280 1.5 1.5 2.0 4.300 6.600 0.000 0.230
Millwright ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
Operating Engineer BLD 1 35.700 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
Operating Engineer BLD 2 34.400 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng
============== == === = ====== ====== ===== === === ===== ===== === ===
Operating Engineer BLD 3 31.850 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
Operating Engineer BLD 4 30.100 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
Operating Engineer FLT 1 38.350 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
Operating Engineer FLT 2 36.850 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
Operating Engineer FLT 3 32.800 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
Operating Engineer FLT 4 27.300 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
Operating Engineer HWY 1 33.900 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
Operating Engineer HWY 2 33.350 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
Operating Engineer HWY 3 31.300 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
Operating Engineer HWY 4 29.900 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
Operating Engineer HWY 5 28.700 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
Ornamntl Iron Worker ALL 29.850 31.350 2.0 2.0 2.0 4.900 7.620 0.000 0.000
Painter ALL 29.850 33.580 1.5 1.5 1.5 4.300 4.300 0.000 0.340
Painter Signs BLD 25.530 28.660 1.5 1.5 1.5 2.600 2.040 0.000 0.000
Piledriver ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
Pipefitter BLD 33.560 35.560 1.5 1.5 2.0 4.470 5.100 0.000 0.000
Plasterer BLD 29.090 30.090 1.5 1.5 2.0 4.000 5.100 0.000 0.400
Plumber BLD 35.000 37.000 1.5 1.5 2.0 4.500 2.990 0.000 0.000
Roofer BLD 30.850 32.850 1.5 1.5 2.0 4.120 2.460 0.000 0.320
Sheetmetal Worker BLD 30.730 33.190 1.5 1.5 2.0 4.310 6.790 0.000 0.490
Sign Hanger BLD 22.530 23.380 1.5 1.5 2.0 3.730 1.890 0.440 0.000
Sprinkler Fitte BLD 33.700 35.500 2.0 2.0 2.0 6.600 5.000 0.000 0.450
Steel Erector ALL 32.580 34.080 2.0 2.0 2.0 6.000 9.660 0.000 0.270
Stone Mason BLD 30.150 32.150 1.5 1.5 2.0 4.550 5.080 0.000 0.120
Terrazzo Finisher BLD 23.240 0.000 1.5 1.5 2.0 4.500 5.630 0.000 0.170
Terrazzo Mason BLD 27.500 29.000 2.0 1.5 2.0 4.500 6.350 0.000 0.160
Tile Mason BLD 29.130 31.130 2.0 1.5 2.0 4.250 4.450 0.000 0.400
Traffic Safety Wrkr HWY 22.050 23.550 1.5 1.5 2.0 2.478 1.800 0.000 0.000
Truck Driver E ALL 1 25.900 26.550 1.5 1.5 2.0 4.000 3.000 0.000 0.000
Truck Driver E ALL 2 26.150 26.550 1.5 1.5 2.0 4.000 3.000 0.000 0.000
Truck Driver E ALL 3 26.351 26.550 1.5 1.5 2.0 4.000 3.000 0.000 0.000
Truck Driver E ALL 4 26.550 26.550 1.5 1.5 2.0 4.000 3.000 0.000 0.000
Truck Driver W ALL 1 26.400 26.950 1.5 1.5 2.0 4.050 2.950 0.000 0.000
Truck Driver W ALL 2 26.550 26.950 1.5 1.5 2.0 4.050 2.950 0.000 0.000
Truck Driver W ALL 3 26.750 26.950 1.5 1.5 2.0 4.050 2.950 0.000 0.000
Truck Driver W ALL 4 26.950 26.950 1.5 1.5 2.0 4.050 2.950 0.000 0.000
Tuckpointer BLD 30.850 31.850 1.5 1.5 2.0 3.760 4.900 0.000 0.390
Approved and adopted this 1st day of July 2003.
__________________________
David Orr | Clerk of the Board | July 1, 2003 Meeting | Ordinances