093_HB3108

 
                                     LRB093 09632 WGH 09870 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 Section 4 as follows:

 6        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
 7        Sec. 4. The public body awarding any contract for  public
 8    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
14    wages on a per hour basis in the locality,  and  such  public
15    body  shall specify in the resolution or ordinance and in the
16    call for bids for the contract, that the  general  prevailing
17    rate  of  wages  in  the  locality  for each craft or type of
18    worker or mechanic needed to execute the contract or  perform
19    such work, also the general prevailing rate for legal holiday
20    and  overtime  work,  as ascertained by the public body or by
21    the Department of Labor shall be paid for each craft or  type
22    of  worker  needed to execute the contract or to perform such
23    work, and it shall be mandatory upon the contractor  to  whom
24    the contract is awarded and upon any subcontractor under him,
25    and  where the public body performs the work, upon the public
26    body, to pay  not  less  than  the  specified  rates  to  all
27    laborers,  workers  and  mechanics  employed  by  them in the
28    execution of the contract or such  work;  provided,  however,
29    that  if the public body desires that the Department of Labor
30    ascertain the prevailing rate of wages, it shall  notify  the
31    Department  of Labor to ascertain the general prevailing rate
 
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 1    of  hourly  wages  for  work  under  contract,  or  for  work
 2    performed by a public body  without  letting  a  contract  as
 3    required  in  the  locality  in  which  the  work  is  to  be
 4    performed,  for  each  craft  or  type  of worker or mechanic
 5    needed to execute the contract  or  project  or  work  to  be
 6    performed.  Upon  such  notification  the Department of Labor
 7    shall ascertain such general prevailing rate  of  wages,  and
 8    certify  the  prevailing wage to such public body. The public
 9    body awarding the contract shall cause to be inserted in  the
10    contract  a  stipulation to the effect that not less than the
11    prevailing rate of wages as  found  by  the  public  body  or
12    Department  of  Labor  or  determined  by the court on review
13    shall  be  paid  to  all  laborers,  workers  and   mechanics
14    performing  work under the contract. It shall also require in
15    all such contractor's bonds that the contractor include  such
16    provision  as will guarantee the faithful performance of such
17    prevailing wage clause as  provided  by  contract.   All  bid
18    specifications   shall   list  the  specified  rates  to  all
19    laborers, workers and mechanics  in  the  locality  for  each
20    craft  or  type  of  worker or mechanic needed to execute the
21    contract.  If the Department of Labor revises the  prevailing
22    rate  of  hourly  wages  to  be  paid by the public body, the
23    revised rate shall apply to such  contract,  and  the  public
24    body  shall  be responsible to notify the contractor and each
25    subcontractor, of the revised rate. Two or more investigatory
26    hearings under this Section on the issue  of  establishing  a
27    new  prevailing wage classification for a particular craft or
28    type of worker shall be  consolidated  in  a  single  hearing
29    before   the  Department.   Such  consolidation  shall  occur
30    whether each separate investigatory hearing is conducted by a
31    public  body  or  the  Department.  The  party  requesting  a
32    consolidated investigatory hearing shall have the  burden  of
33    establishing  that  there  is  no  existing  prevailing  wage
34    classification  for the particular craft or type of worker in
 
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 1    any of the localities under consideration.
 2        Notwithstanding any other provision of this Act, separate
 3    classifications for landscape  plantsman,  landscape  driver,
 4    and  landscape  equipment  operator shall be recognized under
 5    this Act, and the prevailing rate of hourly wages  for  those
 6    classifications  shall  be  the  rates  that  prevail  in the
 7    landscape industry as determined by the  U.S.  Department  of
 8    Labor.
 9    (Source: P.A. 92-783, eff. 8-6-02.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.