093_SB1212 LRB093 03580 WGH 03609 b 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 constructedfor14public useby 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 -2- LRB093 03580 WGH 03609 b 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 construct17public works or to enter into any contract for the18construction 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.) -3- LRB093 03580 WGH 03609 b 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 -4- LRB093 03580 WGH 03609 b 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 -5- LRB093 03580 WGH 03609 b 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 -6- LRB093 03580 WGH 03609 b 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.)