Public Act 93-0016
SB1212 Enrolled LRB093 03580 WGH 03609 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by
changing Sections 2, 3, and 4 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed for
public use by any public body, other than work done directly
by any public utility company, whether or not done under
public supervision or direction, or paid for wholly or in
part out of public funds. "Public works" as defined herein
includes all projects financed in whole or in part with bonds
issued under the Industrial Project Revenue Bond Act (Article
11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois
Development Finance Authority Act, the Illinois Sports
Facilities Authority Act, or the Build Illinois Bond Act, and
all projects financed in whole or in part with loans or other
funds made available pursuant to the Build Illinois Act.
"Public works" also includes all projects financed in whole
or in part with funds from the Fund for Illinois' Future
under Section 6z-47 of the State Finance Act, funds for
school construction under Section 5 of the General Obligation
Bond Act, funds authorized under Section 3 of the School
Construction Bond Act, funds for school infrastructure under
Section 6z-45 of the State Finance Act, and funds for
transportation purposes under Section 4 of the General
Obligation Bond Act.
"Construction" means all work on public works involving
laborers, workers or mechanics.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes
any other county nearest the one in which the work or
construction is to be performed and from which such persons
may be obtained in sufficient numbers to perform the work and
(2) that, with respect to contracts for highway work with the
Department of Transportation of this State, "locality" may at
the discretion of the Secretary of the Department of
Transportation be construed to include two or more adjacent
counties from which workers may be accessible for work on
such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, authorized by law to construct
public works or to enter into any contract for the
construction of public works, and includes every county,
city, town, village, township, school district, irrigation,
utility, reclamation improvement or other district and every
other political subdivision, district or municipality of the
state whether such political subdivision, municipality or
district operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01;
92-16, eff. 6-28-01.)
(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
Sec. 3. Not less than the general prevailing rate of
hourly wages for work of a similar character on public works
in the locality in which the work is performed, and not less
than the general prevailing rate of hourly wages for legal
holiday and overtime work, shall be paid to all laborers,
workers and mechanics employed by or on behalf of any public
body engaged in the construction of public works. Only such
laborers, workers and mechanics as are directly employed by
contractors or subcontractors in actual construction work on
the site of the building or construction job, and laborers,
workers and mechanics engaged in the transportation of
materials and equipment to or from the site, but not
including the transportation by the sellers and suppliers or
the manufacture or processing of materials or equipment, in
the execution of any contract or contracts for public works
with any public body shall be deemed to be employed upon
public works. The wage for a tradesman performing maintenance
is equivalent to that of a tradesman engaged in construction.
(Source: P.A. 83-443.)
(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
Sec. 4. The public body awarding any contract for public
work or otherwise undertaking any public works, shall
ascertain the general prevailing rate of hourly wages in the
locality in which the work is to be performed, for each craft
or type of worker or mechanic needed to execute the contract,
and where the public body performs the work without letting a
contract therefor, shall ascertain the prevailing rate of
wages on a per hour basis in the locality, and such public
body shall specify in the resolution or ordinance and in the
call for bids for the contract, that the general prevailing
rate of wages in the locality for each craft or type of
worker or mechanic needed to execute the contract or perform
such work, also the general prevailing rate for legal holiday
and overtime work, as ascertained by the public body or by
the Department of Labor shall be paid for each craft or type
of worker needed to execute the contract or to perform such
work, and it shall be mandatory upon the contractor to whom
the contract is awarded and upon any subcontractor under him,
and where the public body performs the work, upon the public
body, to pay not less than the specified rates to all
laborers, workers and mechanics employed by them in the
execution of the contract or such work; provided, however,
that if the public body desires that the Department of Labor
ascertain the prevailing rate of wages, it shall notify the
Department of Labor to ascertain the general prevailing rate
of hourly wages for work under contract, or for work
performed by a public body without letting a contract as
required in the locality in which the work is to be
performed, for each craft or type of worker or mechanic
needed to execute the contract or project or work to be
performed. Upon such notification the Department of Labor
shall ascertain such general prevailing rate of wages, and
certify the prevailing wage to such public body. The public
body 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 public body or
Department of Labor or determined by the court on review
shall be paid to all laborers, workers and mechanics
performing work under the contract. It shall also require in
all such contractor's bonds that the contractor include such
provision as will guarantee the faithful performance of such
prevailing wage clause as provided by contract. All bid
specifications shall list the specified rates to all
laborers, workers and mechanics in the locality for each
craft or type of worker or mechanic needed to execute the
contract. If the Department of Labor revises the prevailing
rate of hourly wages to be paid by the public body, the
revised rate shall apply to such contract, and the public
body shall be responsible to notify the contractor and each
subcontractor, of the revised rate. Two or more investigatory
hearings under this Section 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. Such consolidation shall occur
whether each separate investigatory hearing is conducted by a
public body or the Department. The party requesting a
consolidated investigatory hearing shall have 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.
It shall be mandatory upon the contractor or construction
manager to whom a contract for public works is awarded to
post, at a location on the project site of the public works
that is easily accessible to the workers engaged on the
project, the prevailing wage rates for each craft or type of
worker or mechanic needed to execute the contract or project
or work to be performed. A failure to post a prevailing wage
rate as required by this Section is a violation of this Act.
(Source: P.A. 92-783, eff. 8-6-02.)