Full Text of SB1529 95th General Assembly
SB1529 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1529
Introduced 2/9/2007, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/4 |
from Ch. 48, par. 39s-4 |
820 ILCS 130/5 |
from Ch. 48, par. 39s-5 |
820 ILCS 130/9 |
from Ch. 48, par. 39s-9 |
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Amends the Prevailing Wage Act. Provides that a failure to provide prevailing wage information in certain project specifications, contracts, subcontracts, or notices does not excuse a contractor or subcontractor from paying the prevailing wage. Deletes language providing that 2 or more investigatory hearings on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the Department of Labor. Provides that contractors and subcontractors shall make and keep, for not less than 5 (rather than 3) years, records of all laborers, mechanics, and other workers employed by them on a project. Provides that a public body or the Department of Labor, whichever has made a prevailing wage determination, is authorized to hear each timely filed written objection, that 2 or more hearings on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the Department, that the consolidation shall occur whether each separate hearing is conducted by a public body or the Department, and that the party requesting a consolidated hearing has the burden of establishing that there is no existing prevailing wage classification for the particular craft or type of worker in any of the localities under consideration. Effective immediately.
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A BILL FOR
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SB1529 |
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LRB095 09396 WGH 29592 b |
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| AN ACT concerning employment.
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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 Prevailing Wage Act is amended by changing | 5 |
| Sections 4, 5, and 9 as follows:
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| Sec. 4. (a) The public body awarding any contract for | 8 |
| public work or
otherwise undertaking any public works, shall | 9 |
| ascertain the general
prevailing rate of hourly wages in the | 10 |
| locality in which the work is to
be performed, for each craft | 11 |
| or type of worker or mechanic needed to
execute the contract, | 12 |
| and where the public body performs the work
without letting a | 13 |
| contract therefor, shall ascertain the prevailing rate
of wages | 14 |
| on a per hour basis in the locality, and such public body shall
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| specify in the resolution or ordinance and in the call for bids | 16 |
| for the
contract, that the general prevailing rate of wages in | 17 |
| the locality for
each craft or type of worker or mechanic | 18 |
| needed to execute the contract
or perform such work, also the | 19 |
| general prevailing rate for legal holiday
and overtime work, as | 20 |
| ascertained by the public body or by the
Department of Labor | 21 |
| shall be paid for each craft or type of worker
needed to | 22 |
| execute the contract or to perform such work, and it shall be
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| mandatory upon the contractor to whom the contract is awarded |
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| and upon
any subcontractor under him, and where the public body | 2 |
| performs the
work, upon the public body, to pay not less than | 3 |
| the specified rates to
all laborers, workers and mechanics | 4 |
| employed by them in the execution of
the contract or such work; | 5 |
| provided, however, that if the public body
desires that the | 6 |
| Department of Labor ascertain the prevailing rate of
wages, it | 7 |
| shall notify the Department of Labor to ascertain the general
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| prevailing rate of hourly wages for work under contract, or for | 9 |
| work
performed by a public body without letting a contract as | 10 |
| required in the
locality in which the work is to be performed, | 11 |
| for each craft or type of
worker or mechanic needed to execute | 12 |
| the contract or project or work to
be performed. Upon such | 13 |
| notification the Department of Labor shall
ascertain such | 14 |
| general prevailing rate of wages, and certify the
prevailing | 15 |
| wage to such public body. The public body awarding the
contract | 16 |
| shall cause to be inserted in the project specifications and | 17 |
| the
contract a stipulation to the
effect that not less than the | 18 |
| prevailing rate of wages as found by the
public body or | 19 |
| Department of Labor or determined by the court on review
shall | 20 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract. The failure of the public body awarding the | 22 |
| contract to insert the prevailing wage stipulation in the | 23 |
| project specifications or the contract does not excuse a | 24 |
| contractor or subcontractor from paying the prevailing wage to | 25 |
| all laborers, workers, and mechanics performing work under a | 26 |
| contract covered by this Act.
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| (b) It shall also be mandatory upon the contractor to whom | 2 |
| the contract is
awarded
to insert into each subcontract and | 3 |
| into the project specifications for each
subcontract a written | 4 |
| stipulation to the effect that not less than the
prevailing
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| rate of wages shall be paid to all laborers, workers, and | 6 |
| mechanics performing
work under the contract. It shall also be | 7 |
| mandatory upon each subcontractor to
cause to be inserted into | 8 |
| each lower tiered subcontract
and into the project | 9 |
| specifications for each lower tiered subcontract a
stipulation | 10 |
| to the effect that not less
than the prevailing rate of wages | 11 |
| shall be paid to all laborers, workers, and
mechanics | 12 |
| performing work under the contract. A contractor or | 13 |
| subcontractor who
fails to comply with this subsection (b) is | 14 |
| in violation of this Act. The failure to provide the required | 15 |
| stipulations does not excuse the contractor, subcontractor, or | 16 |
| any lower tiered subcontractor from paying the prevailing wage | 17 |
| to all laborers, workers, and mechanics performing work under a | 18 |
| contract covered by this Act.
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| (c) It shall also require in all such contractor's bonds
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| that the contractor include such provision as will guarantee | 21 |
| the
faithful performance of such prevailing wage clause as | 22 |
| provided by
contract. All bid specifications shall list the | 23 |
| specified rates to all
laborers, workers and mechanics in the | 24 |
| locality for each craft or type of
worker or mechanic needed to | 25 |
| execute the contract.
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| (d) If the Department of Labor
revises the prevailing rate |
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| of hourly wages to be paid by the public body, the
revised rate | 2 |
| shall apply to such contract, and the public body shall be
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| responsible to notify the contractor and each subcontractor, of | 4 |
| the revised
rate. The failure of the public body to notify the | 5 |
| contractor and each subcontractor of the revised rate does not | 6 |
| excuse contractors and subcontractors from their obligations | 7 |
| under this Act, including the requirement to pay the revised | 8 |
| rate to all laborers, workers and mechanics performing work | 9 |
| under a contract covered by this Act.
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| (e) Two or more investigatory hearings under this Section | 11 |
| on the issue
of establishing a new prevailing wage | 12 |
| classification for a particular craft
or type of worker shall | 13 |
| be consolidated in a single hearing before the
Department. Such | 14 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 16 |
| party requesting
a consolidated investigatory hearing shall | 17 |
| have the burden of establishing that
there is no existing | 18 |
| prevailing wage classification for the particular craft or
type | 19 |
| of worker in any of the localities under consideration.
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| It shall be mandatory upon the contractor or construction | 21 |
| manager
to whom a contract for public works is awarded to post, | 22 |
| at a
location on the project site of the public works that is
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| easily accessible to the workers engaged on the project,
the | 24 |
| prevailing wage rates for each craft or type of worker
or | 25 |
| mechanic needed to execute the contract or project or
work to | 26 |
| be performed. A failure to post a prevailing wage
rate as |
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| required by this Section is a violation of this Act.
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| (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, | 3 |
| eff.
1-1-04; 93-38, eff. 6-1-04; revised 10-29-04.)
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| (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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| Sec. 5. Certified payroll.
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| (a) While participating on public works, the contractor and | 7 |
| each subcontractor shall: | 8 |
| (1) make and keep, for a period of not less
than 5
3 | 9 |
| years, records of all laborers, mechanics, and other | 10 |
| workers employed by them on the project; the records shall | 11 |
| include each worker's name, address, telephone number
when | 12 |
| available, social security number, classification or | 13 |
| classifications, the hourly wages paid in each pay period, | 14 |
| the number of hours worked each day, and the starting and | 15 |
| ending times of work each day; and | 16 |
| (2) submit monthly, in person, by mail, or | 17 |
| electronically a certified payroll to the public body in | 18 |
| charge of the project. The certified payroll shall consist | 19 |
| of a complete copy of the records identified in paragraph | 20 |
| (1) of this subsection (a), but may exclude the starting | 21 |
| and ending times of work each day. The certified payroll | 22 |
| shall be accompanied by a statement signed by the | 23 |
| contractor or subcontractor which avers that: (i) such | 24 |
| records are true and accurate; (ii) the hourly rate paid to | 25 |
| each worker is not less than the general prevailing rate of |
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| hourly wages required by this Act; and (iii) the contractor | 2 |
| or subcontractor is aware that filing a certified payroll | 3 |
| that he or she knows to be false is a Class B misdemeanor. | 4 |
| A general contractor is not prohibited from relying on the | 5 |
| certification of a lower tier subcontractor, provided the | 6 |
| general contractor does not knowingly rely upon a | 7 |
| subcontractor's false certification. Any contractor or | 8 |
| subcontractor subject to this Act who fails to submit a | 9 |
| certified payroll or knowingly files a false certified | 10 |
| payroll is in violation of this Act and guilty of a Class B | 11 |
| misdemeanor. The public body in charge of the project shall | 12 |
| keep the records submitted in accordance with this | 13 |
| paragraph (2) of subsection (a) for a period of not less | 14 |
| than 3 years. The records submitted in accordance with this | 15 |
| paragraph (2) of subsection (a) shall be considered public | 16 |
| records, except an employee's address, telephone number, | 17 |
| and social security number, and made available in | 18 |
| accordance with the Freedom of Information Act. The public | 19 |
| body shall accept any reasonable submissions by the | 20 |
| contractor that meet the requirements of this Section.
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| (b) Upon 7 business days' notice, the contractor and each | 22 |
| subcontractor shall make available for inspection the records | 23 |
| identified in paragraph (1) of subsection (a) of this Section | 24 |
| to the public body
in charge of the project, its officers and | 25 |
| agents, and to the Director of Labor
and his deputies and | 26 |
| agents. Upon 7 business days' notice, the contractor and each |
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| subcontractor shall make such records available at all | 2 |
| reasonable hours at a location within this State. | 3 |
| (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05; | 4 |
| 94-1023, eff. 7-12-06.)
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| (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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| Sec. 9. To effectuate the purpose and policy of this Act | 7 |
| each public
body shall, during the month of June of each | 8 |
| calendar year, investigate
and ascertain the prevailing rate of | 9 |
| wages as defined in this Act and
publicly post or keep | 10 |
| available for inspection by any interested party
in the main | 11 |
| office of such public body its determination of such
prevailing | 12 |
| rate of wage and shall promptly file, no later than July 15 of
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| each year, a certified copy thereof
in the office of the | 14 |
| Secretary of State at Springfield and the office of the
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| Illinois Department of Labor.
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| The Department of Labor shall during the month of June of | 17 |
| each calendar
year, investigate and ascertain the prevailing | 18 |
| rate of wages for each county
in the State. If a public body | 19 |
| does not investigate and ascertain the
prevailing
rate of wages | 20 |
| during the month of June as required by the previous paragraph,
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| then the prevailing rate of wages for that public body shall be | 22 |
| the rate
as determined by the Department under this paragraph | 23 |
| for the county in which
such public body is located.
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| Where the Department of Labor ascertains the prevailing | 25 |
| rate of
wages, it is the duty of the Department of Labor within |
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| 30 days after
receiving a notice from the public body | 2 |
| authorizing the proposed work,
to conduct an investigation to | 3 |
| ascertain the prevailing rate of wages as
defined in this Act | 4 |
| and such investigation shall be conducted in the
locality in | 5 |
| which the work is to be performed. The Department of Labor
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| shall send a certified copy of its findings to the public body
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| authorizing the work and keep a record of its findings | 8 |
| available for
inspection by any interested party in the office | 9 |
| of the Department of
Labor at Springfield.
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| The public body except for the Department of Transportation | 11 |
| with
respect to highway contracts shall within 30 days after | 12 |
| filing with the
Secretary of State, or the Department of Labor | 13 |
| shall within 30 days
after filing with such public body, | 14 |
| publish in a newspaper of general
circulation within the area | 15 |
| that the determination is effective, a
notice of its | 16 |
| determination and shall promptly mail a copy of its
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| determination to any employer, and to any association of | 18 |
| employers and
to any person or association of employees who | 19 |
| have filed their names and
addresses, requesting copies of any | 20 |
| determination stating the particular
rates and the particular | 21 |
| class of workers whose wages will be affected
by such rates.
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| At any time within 30 days after the Department of Labor | 23 |
| has published
on its official web site a prevailing wage | 24 |
| schedule, any person affected
thereby may object in writing to | 25 |
| the determination or such part thereof
as they may deem | 26 |
| objectionable by filing a written notice with the
public body |
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| or Department of Labor, whichever has made such
determination, | 2 |
| stating the specified grounds of the objection. It shall
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| thereafter be the duty of the public body or Department of | 4 |
| Labor to set
a date for a hearing on the objection after giving | 5 |
| written notice to the
objectors at least 10 days before the | 6 |
| date of the hearing and said
notice shall state the time and | 7 |
| place of such hearing. Such hearing by a
public body shall be | 8 |
| held within 45 days after the objection is filed,
and shall not | 9 |
| be postponed or reset for a later date except upon the
consent, | 10 |
| in writing, of all the objectors and the public body. If such
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| hearing is not held by the public body within the time herein | 12 |
| specified,
the Department of Labor may, upon request of the | 13 |
| objectors, conduct the
hearing on behalf of the public body.
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| The public body or Department of Labor, whichever has made | 15 |
| such
determination, is authorized in its discretion to hear | 16 |
| each timely filed written
objection . Two or more hearings under | 17 |
| this Section on the issue of establishing a new prevailing wage | 18 |
| classification for a particular craft or type of worker shall | 19 |
| be consolidated in a single hearing before the Department. Such | 20 |
| consolidation shall occur whether each separate hearing is | 21 |
| conducted by a public body or the Department. The party | 22 |
| requesting a consolidated hearing shall have the burden of | 23 |
| establishing that there is no existing prevailing wage | 24 |
| classification for the particular craft or type of worker in | 25 |
| any of the localities under consideration
filed separately or | 26 |
| consolidate for hearing any one or more
written objections |
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| filed with them . At such hearing the public body or
Department | 2 |
| of Labor shall introduce in evidence the investigation it
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| instituted which formed the basis of its determination, and the | 4 |
| public
body or Department of Labor, or any interested objectors | 5 |
| may thereafter
introduce such evidence as is material to the | 6 |
| issue. Thereafter, the
public body or Department of Labor, must | 7 |
| rule upon the written objection
and make such final | 8 |
| determination as it believes the evidence warrants,
and | 9 |
| promptly file a certified copy of its final determination with | 10 |
| such
public body and the Secretary of State, and serve a copy | 11 |
| by personal
service or registered mail on all parties to the | 12 |
| proceedings. The final
determination by the Department of Labor | 13 |
| or a public body shall be rendered
within 30 days after the | 14 |
| conclusion of the hearing.
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| If proceedings to review judicially the final | 16 |
| determination of the
public body or Department of Labor are not | 17 |
| instituted as hereafter
provided, such determination shall be | 18 |
| final and binding.
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| The provisions of the Administrative Review Law, and all | 20 |
| amendments
and modifications thereof, and the rules
adopted | 21 |
| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of any | 23 |
| public body
or the Department of Labor hereunder. The term | 24 |
| "administrative decision"
is defined as in Section 3-101 of the | 25 |
| Code of Civil Procedure.
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| Appeals from all final orders and judgments entered by the |
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| court in
review of the final administrative decision of the | 2 |
| public body or
Department of Labor, may be taken by any party | 3 |
| to the action.
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| Any proceeding in any court affecting a determination of | 5 |
| the
Department of Labor or public body shall have priority in | 6 |
| hearing and
determination over all other civil proceedings | 7 |
| pending in said court,
except election contests.
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| In all reviews or appeals under this Act, it shall be the | 9 |
| duty of the
Attorney General to represent the Department of | 10 |
| Labor, and defend its
determination. The Attorney General shall | 11 |
| not represent any public body,
except the State, in any such | 12 |
| review or appeal.
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| (Source: P.A. 93-38, eff. 6-1-04 .)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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