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.)