093_HB3637
LRB093 09250 WGH 09483 b
1 AN ACT concerning wages.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Prevailing Wage Act is amended by
5 changing Sections 2, 4, 7, 8, 9, and 10 as follows:
6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
7 Sec. 2. This Act applies to the wages of laborers,
8 mechanics and other workers employed in any public works, as
9 hereinafter defined, by any public body and to anyone under
10 contracts for public works.
11 As used in this Act, unless the context indicates
12 otherwise:
13 "Public works" means all fixed works constructed for
14 public use by any public body, other than work done directly
15 by any public utility company, whether or not done under
16 public supervision or direction, or paid for wholly or in
17 part out of public funds. "Public works" as defined herein
18 includes all projects financed in whole or in part with bonds
19 issued under the Industrial Project Revenue Bond Act (Article
20 11, Division 74 of the Illinois Municipal Code), the
21 Industrial Building Revenue Bond Act, the Illinois
22 Development Finance Authority Act, the Illinois Sports
23 Facilities Authority Act, or the Build Illinois Bond Act, and
24 all projects financed in whole or in part with loans or other
25 funds made available pursuant to the Build Illinois Act.
26 "Construction" means all work on public works involving
27 laborers, workers or mechanics.
28 "Locality" means the county where the physical work upon
29 public works is performed, except (1) that if there is not
30 available in the county a sufficient number of competent
31 skilled laborers, workers and mechanics to construct the
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1 public works efficiently and properly, "locality" includes
2 any other county nearest the one in which the work or
3 construction is to be performed and from which such persons
4 may be obtained in sufficient numbers to perform the work and
5 (2) that, with respect to contracts for highway work with the
6 Department of Transportation of this State, "locality" may at
7 the discretion of the Secretary of the Department of
8 Transportation be construed to include two or more adjacent
9 counties from which workers may be accessible for work on
10 such construction.
11 "Public body" means the State or any officer, board or
12 commission of the State or any political subdivision or
13 department thereof, or any institution supported in whole or
14 in part by public funds, authorized by law to construct
15 public works or to enter into any contract for the
16 construction of public works, and includes every county,
17 city, town, village, township, school district, irrigation,
18 utility, reclamation improvement or other district and every
19 other political subdivision, district or municipality of the
20 state whether such political subdivision, municipality or
21 district operates under a special charter or not.
22 The terms "general prevailing rate of hourly wages",
23 "general prevailing rate of wages" or "prevailing rate of
24 wages" when used in this Act mean the hourly cash wages plus
25 fringe benefits for training and apprenticeship programs
26 approved by the U.S. Department of Labor, Bureau of
27 Apprenticeship and Training, health and welfare, insurance,
28 vacations and pensions paid generally, in the locality in
29 which the work is being performed, to employees engaged in
30 work of a similar character on public works.
31 (Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01;
32 92-16, eff. 6-28-01.)
33 (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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1 Sec. 4. (a) The public body awarding any contract for
2 public work or otherwise undertaking any public works, shall
3 ascertain the general prevailing rate of hourly wages in the
4 locality in which the work is to be performed, for each craft
5 or type of worker or mechanic needed to execute the contract,
6 and where the public body performs the work without letting a
7 contract therefor, shall ascertain the prevailing rate of
8 wages on a per hour basis in the locality, and such public
9 body shall specify in the resolution or ordinance and in the
10 call for bids for the contract, that the general prevailing
11 rate of wages in the locality for each craft or type of
12 worker or mechanic needed to execute the contract or perform
13 such work, also the general prevailing rate for legal holiday
14 and overtime work, as ascertained by the public body or by
15 the Department of Labor shall be paid for each craft or type
16 of worker needed to execute the contract or to perform such
17 work, and it shall be mandatory upon the contractor to whom
18 the contract is awarded and upon any subcontractor under him,
19 and where the public body performs the work, upon the public
20 body, to pay not less than the specified rates to all
21 laborers, workers and mechanics employed by them in the
22 execution of the contract or such work.; provided, however,
23 that if the public body desires that the Department of Labor
24 ascertain the prevailing rate of wages, it shall notify the
25 Department of Labor to ascertain the general prevailing rate
26 of hourly wages for work under contract, or for work
27 performed by a public body without letting a contract as
28 required in the locality in which the work is to be
29 performed, for each craft or type of worker or mechanic
30 needed to execute the contract or project or work to be
31 performed. Upon such notification the Department of Labor
32 shall ascertain such general prevailing rate of wages, and
33 certify the prevailing wage to such public body. The public
34 body awarding the contract shall cause to be inserted in the
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1 contract a stipulation to the effect that not less than the
2 prevailing rate of wages as found by the public body or
3 Department of Labor or determined by the court on review
4 shall be paid to all laborers, workers and mechanics
5 performing work under the contract. It shall also require in
6 all such contractor's bonds that the contractor include such
7 provision as will guarantee the faithful performance of such
8 prevailing wage clause as provided by contract. All bid
9 specifications shall list the specified rates to all
10 laborers, workers and mechanics in the locality for each
11 craft or type of worker or mechanic needed to execute the
12 contract.
13 (b) If the Department of Labor revises the prevailing
14 rate of hourly wages to be paid by the public body, the
15 revised rate shall apply to such contract, and the public
16 body shall be responsible to notify the contractor and each
17 subcontractor, of the revised rate.
18 (c) Two or more investigatory hearings under this
19 Section on the issue of establishing a new prevailing wage
20 classification for a particular craft or type of worker shall
21 be consolidated in a single hearing before the Department.
22 Such consolidation shall occur whether each separate
23 investigatory hearing is conducted by a public body or the
24 Department. The party requesting a consolidated investigatory
25 hearing shall have the burden of establishing that there is
26 no existing prevailing wage classification for the particular
27 craft or type of worker in any of the localities under
28 consideration.
29 (Source: P.A. 92-783, eff. 8-6-02.)
30 (820 ILCS 130/7) (from Ch. 48, par. 39s-7)
31 Sec. 7. The finding of the public body awarding the
32 contract or authorizing the work or the Department of Labor
33 ascertaining and declaring the general prevailing rate of
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1 hourly wages shall be final for all purposes of the contract
2 for public work then being considered, unless reviewed under
3 the provisions of this Act. Nothing in this Act, however,
4 shall be construed to prohibit the payment to any laborer,
5 worker or mechanic employed on any public work, as aforesaid,
6 of more than the prevailing rate of wages; provided further
7 that nothing in this Act shall be construed to limit the
8 hours of work which may be performed by any person in any
9 particular period of time.
10 (Source: P.A. 81-992.)
11 (820 ILCS 130/8) (from Ch. 48, par. 39s-8)
12 Sec. 8. In the event the public body authorizing the work
13 or the Department of Labor is unable to ascertain the
14 prevailing rate of wage of any class of work required to be
15 performed under the proposed contract, it is the duty of the
16 Department of Labor where the determination of said
17 prevailing rate has been referred to it to so notify the
18 public body authorizing the proposed work, and it is the duty
19 of the public body in either case to state the fact of
20 inability to ascertain said prevailing rate in its
21 resolution, ordinance or notice for bids in which event the
22 clause specifying the prevailing wage as to such class of
23 work may be excluded from the contract unless such wage may
24 be determined by the court on appeal as provided by this Act.
25 (Source: Laws 1957, p. 2662.)
26 (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
27 Sec. 9. To effectuate the purpose and policy of this Act
28 each public body shall, during the month of June of each
29 calendar year, investigate and ascertain the prevailing rate
30 of wages as defined in this Act and publicly post or keep
31 available for inspection by any interested party in the main
32 office of such public body its determination of such
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1 prevailing rate of wage and shall promptly file a certified
2 copy thereof in the office of the Secretary of State at
3 Springfield.
4 The Department of Labor shall during the month of June of
5 each calendar year, investigate and ascertain the prevailing
6 rate of wages for each county in the State. If a public body
7 does not investigate and ascertain the prevailing rate of
8 wages during the month of June as required by the previous
9 paragraph, then the prevailing rate of wages for that public
10 body shall be the rate as determined by the Department under
11 this paragraph for the county in which such public body is
12 located.
13 Where the Department of Labor ascertains the prevailing
14 rate of wages, It is the duty of the Department of Labor
15 within 30 days after receiving a notice from the public body
16 authorizing the proposed work, to conduct an investigation to
17 ascertain the prevailing rate of wages as defined in this Act
18 and such investigation shall be conducted in the locality in
19 which the work is to be performed. The Department of Labor
20 shall send a certified copy of its findings to the public
21 body authorizing the work and keep a record of its findings
22 available for inspection by any interested party in the
23 office of the Department of Labor at Springfield.
24 The public body except for the Department of
25 Transportation with respect to highway contracts shall within
26 30 days after filing with the Secretary of State, or the
27 Department of Labor shall within 30 days after filing with
28 such public body, publish in a newspaper of general
29 circulation within the area that the determination is
30 effective, a notice of its determination and shall promptly
31 mail a copy of its determination to any employer, and to any
32 association of employers and to any person or association of
33 employees who have filed their names and addresses,
34 requesting copies of any determination stating the particular
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1 rates and the particular class of workers whose wages will be
2 affected by such rates.
3 At any time within 15 days after a certified copy of the
4 determination has been published as herein provided, any
5 person affected thereby may object in writing to the
6 determination or such part thereof as they may deem
7 objectionable by filing a written notice with the public body
8 or Department of Labor, whichever has made such
9 determination, stating the specified grounds of the
10 objection. It shall thereafter be the duty of the public body
11 or Department of Labor to set a date for a hearing on the
12 objection after giving written notice to the objectors at
13 least 10 days before the date of the hearing and said notice
14 shall state the time and place of such hearing. Such hearing
15 by the Department of Labor a public body shall be held within
16 20 days after the objection is filed, and shall not be
17 postponed or reset for a later date except upon the consent,
18 in writing, of all the objectors and the Department of Labor
19 public body. If such hearing is not held by the public body
20 within the time herein specified, the Department of Labor
21 may, upon request of the objectors, conduct the hearing on
22 behalf of the public body.
23 The public body or Department of Labor, whichever has
24 made such determination, is authorized in its discretion to
25 hear each written objection filed separately or consolidate
26 for hearing any one or more written objections filed with it
27 them. At such hearing the public body or Department of Labor
28 shall introduce in evidence the investigation and it
29 instituted which formed the basis of its determination, and
30 the public body or Department of Labor, or any interested
31 objectors may thereafter introduce such evidence as is
32 material to the issue. Thereafter, the public body or
33 Department of Labor, must rule upon the written objection and
34 make such final determination as it believes the evidence
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1 warrants, and promptly file a certified copy of its final
2 determination with such public body and the Secretary of
3 State, and serve a copy by personal service or registered
4 mail on all parties to the proceedings. The final
5 determination by the Department of Labor a public body shall
6 be rendered within 10 days after the conclusion of the
7 hearing.
8 If proceedings to review judicially the final
9 determination of the public body or Department of Labor are
10 not instituted as hereafter provided, such determination
11 shall be final and binding.
12 The provisions of the Administrative Review Law, and all
13 amendments and modifications thereof, and the rules adopted
14 pursuant thereto, shall apply to and govern all proceedings
15 for the judicial review of final administrative decisions of
16 any public body or the Department of Labor hereunder. The
17 term "administrative decision" is defined as in Section 3-101
18 of the Code of Civil Procedure.
19 Appeals from all final orders and judgments entered by
20 the court in review of the final administrative decision of
21 the public body or Department of Labor, may be taken by any
22 party to the action.
23 Any proceeding in any court affecting a determination of
24 the Department of Labor or public body shall have priority in
25 hearing and determination over all other civil proceedings
26 pending in said court, except election contests.
27 In all reviews or appeals under this Act, it shall be the
28 duty of the Attorney General to represent the Department of
29 Labor, and defend its determination. The Attorney General
30 shall not represent any public body, except the State, in any
31 such review or appeal.
32 (Source: P.A. 83-201.)
33 (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
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1 Sec. 10. The presiding officer of the public body, or
2 his or her authorized representative and the Director of the
3 Department of Labor, or his or her authorized representative
4 may administer oaths, take or cause to be taken the
5 depositions of witnesses, and require by subpoena the
6 attendance and testimony of witnesses, and the production of
7 all books, records, and other evidence relative to the matter
8 under investigation or hearing. Such subpoena shall be signed
9 and issued by such presiding officer or his or her authorized
10 representative, or the Director or his or her authorized
11 representative.
12 In case of failure of any person to comply with any
13 subpoena lawfully issued under this section or on the refusal
14 of any witness to produce evidence or to testify to any
15 matter regarding which he or she may be lawfully
16 interrogated, it is the duty of any circuit court, upon
17 application of such presiding officer or his or her
18 authorized representative, or the Director or his or her
19 authorized representative, to compel obedience by proceedings
20 for contempt, as in the case of disobedience of the
21 requirements of a subpoena issued by such court or a refusal
22 to testify therein. Such presiding officer and The Director
23 may certify to official acts.
24 (Source: P.A. 83-334.)