093_SB1212

 
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 1        AN ACT concerning employment.

 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, 3, and 9 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  or
26    the Illinois FIRST program.
27        "Fixed works" means any change in real estate.
28        "Construction"  means  all work on public works involving
29    laborers, workers or mechanics.
30        "Locality" means the county where the physical work  upon
31    public  works  is  performed, except (1) that if there is not
 
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 1    available in the county  a  sufficient  number  of  competent
 2    skilled  laborers,  workers  and  mechanics  to construct the
 3    public works efficiently and  properly,  "locality"  includes
 4    any  other  county  nearest  the  one  in  which  the work or
 5    construction is to be performed and from which  such  persons
 6    may be obtained in sufficient numbers to perform the work and
 7    (2) that, with respect to contracts for highway work with the
 8    Department of Transportation of this State, "locality" may at
 9    the   discretion  of  the  Secretary  of  the  Department  of
10    Transportation be construed to include two or  more  adjacent
11    counties  from  which  workers  may be accessible for work on
12    such construction.
13        "Public body" means the State or any  officer,  board  or
14    commission  of  the  State  or  any  political subdivision or
15    department thereof, or any institution supported in whole  or
16    in  part  by  public  funds,  authorized  by law to construct
17    public  works  or  to  enter  into  any  contract   for   the
18    construction  of  public  works,  and  includes every county,
19    city, town, village, township, school  district,  irrigation,
20    utility,  reclamation improvement or other district and every
21    other political subdivision, district or municipality of  the
22    state  whether  such  political  subdivision, municipality or
23    district operates under a special charter or not.
24        The terms "general  prevailing  rate  of  hourly  wages",
25    "general  prevailing  rate  of  wages" or "prevailing rate of
26    wages" when used in this Act mean the hourly cash wages  plus
27    fringe  benefits  for  training  and  apprenticeship programs
28    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
29    Apprenticeship  and  Training, health and welfare, insurance,
30    vacations and pensions paid generally,  in  the  locality  in
31    which  the  work  is being performed, to employees engaged in
32    work of a similar character on public works.
33    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
34    92-16, eff. 6-28-01.)
 
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 1        (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
 2        Sec. 3.  Not less than the  general  prevailing  rate  of
 3    hourly  wages for work of a similar character on public works
 4    in the locality in which the work is performed, and not  less
 5    than  the  general  prevailing rate of hourly wages for legal
 6    holiday and overtime work, shall be  paid  to  all  laborers,
 7    workers  and mechanics employed by or on behalf of any public
 8    body engaged in the construction of public works.  Only  such
 9    laborers,  workers  and mechanics as are directly employed by
10    contractors or subcontractors in actual construction work  on
11    the  site  of the building or construction job, and laborers,
12    workers  and  mechanics  engaged  in  the  transportation  of
13    materials  and  equipment  to  or  from  the  site,  but  not
14    including the transportation by the sellers and suppliers  or
15    the  manufacture  or processing of materials or equipment, in
16    the execution of any contract or contracts for  public  works
17    with  any  public  body  shall  be deemed to be employed upon
18    public works. The wage for a tradesman performing maintenance
19    is equivalent to that of a tradesman engaged in construction.
20    (Source: P.A. 83-443.)

21        (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
22        Sec. 9.  To effectuate the purpose and policy of this Act
23    each public body shall, during the  month  of  June  of  each
24    calendar  year, investigate and ascertain the prevailing rate
25    of wages as defined in this Act and  publicly  post  or  keep
26    available  for inspection by any interested party in the main
27    office  of  such  public  body  its  determination  of   such
28    prevailing  rate  of wage and shall promptly file a certified
29    copy thereof in the office  of  the  Secretary  of  State  at
30    Springfield.
31        The Department of Labor shall during the month of June of
32    each  calendar year, investigate and ascertain the prevailing
33    rate of wages for each county in the State.  If a public body
 
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 1    does not investigate and ascertain  the  prevailing  rate  of
 2    wages  during  the  month of June as required by the previous
 3    paragraph, then the prevailing rate of wages for that  public
 4    body  shall be the rate as determined by the Department under
 5    this paragraph for the county in which such  public  body  is
 6    located.
 7        Where  the  Department of Labor ascertains the prevailing
 8    rate of wages, it is the duty  of  the  Department  of  Labor
 9    within  30 days after receiving a notice from the public body
10    authorizing the proposed work, to conduct an investigation to
11    ascertain the prevailing rate of wages as defined in this Act
12    and such investigation shall be conducted in the locality  in
13    which  the  work  is to be performed. The Department of Labor
14    shall send a certified copy of its  findings  to  the  public
15    body  authorizing  the work and keep a record of its findings
16    available for inspection  by  any  interested  party  in  the
17    office of the Department of Labor at Springfield.
18        The   public   body   except   for   the   Department  of
19    Transportation with respect to highway contracts shall within
20    30 days after filing with the  Secretary  of  State,  or  the
21    Department  of  Labor  shall within 30 days after filing with
22    such  public  body,  publish  in  a  newspaper   of   general
23    circulation   within  the  area  that  the  determination  is
24    effective, a notice of its determination and  shall  promptly
25    mail  a copy of its determination to any employer, and to any
26    association of employers and to any person or association  of
27    employees   who   have   filed  their  names  and  addresses,
28    requesting copies of any determination stating the particular
29    rates and the particular class of workers whose wages will be
30    affected by such rates.
31        At any time within 15 days after a certified copy of  the
32    determination  has  been  published  as  herein provided, any
33    person  affected  thereby  may  object  in  writing  to   the
34    determination   or   such  part  thereof  as  they  may  deem
 
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 1    objectionable by filing a written notice with the public body
 2    or   Department   of   Labor,   whichever   has   made   such
 3    determination,  stating  the   specified   grounds   of   the
 4    objection. It shall thereafter be the duty of the public body
 5    or  Department  of  Labor  to set a date for a hearing on the
 6    objection after giving written notice  to  the  objectors  at
 7    least  10 days before the date of the hearing and said notice
 8    shall state the time and place of such hearing. Such  hearing
 9    by  a  public  body  shall  be  held within 20 days after the
10    objection is filed, and shall not be postponed or reset for a
11    later date except upon the consent, in writing,  of  all  the
12    objectors and the public body. If such hearing is not held by
13    the  public  body  within  the  time  herein  specified,  the
14    Department  of  Labor  may,  upon  request  of the objectors,
15    conduct the hearing on behalf of the public body.
16        The public body or Department  of  Labor,  whichever  has
17    made  such  determination, is authorized in its discretion to
18    hear each written objection filed separately  or  consolidate
19    for  hearing  any  one  or more written objections filed with
20    them. At such hearing the public body or Department of  Labor
21    shall  introduce  in evidence the investigation it instituted
22    which formed the basis of its determination, and  the  public
23    body  or Department of Labor, or any interested objectors may
24    thereafter introduce such evidence  as  is  material  to  the
25    issue.  Thereafter,  the  public body or Department of Labor,
26    must rule upon the written  objection  and  make  such  final
27    determination  as  it  believes  the  evidence  warrants, and
28    promptly file a certified copy  of  its  final  determination
29    with such public body and the Secretary of State, and serve a
30    copy by personal service or registered mail on all parties to
31    the  proceedings.  The  final  determination by a public body
32    shall be rendered within 10 days after the conclusion of  the
33    hearing.
34        If   proceedings   to   review   judicially   the   final
 
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 1    determination  of  the public body or Department of Labor are
 2    not instituted  as  hereafter  provided,  such  determination
 3    shall be final and binding.
 4        The  provisions of the Administrative Review Law, and all
 5    amendments and modifications thereof, and the  rules  adopted
 6    pursuant  thereto,  shall apply to and govern all proceedings
 7    for the judicial review of final administrative decisions  of
 8    any  public  body  or  the Department of Labor hereunder. The
 9    term "administrative decision" is defined as in Section 3-101
10    of the Code of Civil Procedure.
11        Appeals from all final orders and  judgments  entered  by
12    the  court  in review of the final administrative decision of
13    the public body or Department of Labor, may be taken  by  any
14    party to the action.
15        Any  proceeding in any court affecting a determination of
16    the Department of Labor or public body shall have priority in
17    hearing and determination over all  other  civil  proceedings
18    pending in said court, except election contests.
19        In all reviews or appeals under this Act, it shall be the
20    duty  of  the Attorney General to represent the Department of
21    Labor, and defend its  determination.  The  Attorney  General
22    shall not represent any public body, except the State, in any
23    such review or appeal.
24        Contractors  and subcontractors covered by this Act shall
25    post, at a location on the project site of the  public  works
26    that  is  easily accessible to their employees engaged on the
27    project, the prevailing wage rates for each craft or type  of
28    worker  or mechanic needed to execute the contract or project
29    or work to be performed.  A failure to post a prevailing wage
30    rate as required by this Section is a violation of this Act.
31    (Source: P.A. 83-201.)