093_SB1212enr SB1212 Enrolled 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 4 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. 26 "Public works" also includes all projects financed in whole 27 or in part with funds from the Fund for Illinois' Future 28 under Section 6z-47 of the State Finance Act, funds for 29 school construction under Section 5 of the General Obligation 30 Bond Act, funds authorized under Section 3 of the School 31 Construction Bond Act, funds for school infrastructure under SB1212 Enrolled -2- LRB093 03580 WGH 03609 b 1 Section 6z-45 of the State Finance Act, and funds for 2 transportation purposes under Section 4 of the General 3 Obligation Bond Act. 4 "Construction" means all work on public works involving 5 laborers, workers or mechanics. 6 "Locality" means the county where the physical work upon 7 public works is performed, except (1) that if there is not 8 available in the county a sufficient number of competent 9 skilled laborers, workers and mechanics to construct the 10 public works efficiently and properly, "locality" includes 11 any other county nearest the one in which the work or 12 construction is to be performed and from which such persons 13 may be obtained in sufficient numbers to perform the work and 14 (2) that, with respect to contracts for highway work with the 15 Department of Transportation of this State, "locality" may at 16 the discretion of the Secretary of the Department of 17 Transportation be construed to include two or more adjacent 18 counties from which workers may be accessible for work on 19 such construction. 20 "Public body" means the State or any officer, board or 21 commission of the State or any political subdivision or 22 department thereof, or any institution supported in whole or 23 in part by public funds,authorized by law to construct24public works or to enter into any contract for the25construction of public works,and includes every county, 26 city, town, village, township, school district, irrigation, 27 utility, reclamation improvement or other district and every 28 other political subdivision, district or municipality of the 29 state whether such political subdivision, municipality or 30 district operates under a special charter or not. 31 The terms "general prevailing rate of hourly wages", 32 "general prevailing rate of wages" or "prevailing rate of 33 wages" when used in this Act mean the hourly cash wages plus 34 fringe benefits for training and apprenticeship programs SB1212 Enrolled -3- LRB093 03580 WGH 03609 b 1 approved by the U.S. Department of Labor, Bureau of 2 Apprenticeship and Training, health and welfare, insurance, 3 vacations and pensions paid generally, in the locality in 4 which the work is being performed, to employees engaged in 5 work of a similar character on public works. 6 (Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01; 7 92-16, eff. 6-28-01.) 8 (820 ILCS 130/3) (from Ch. 48, par. 39s-3) 9 Sec. 3. Not less than the general prevailing rate of 10 hourly wages for work of a similar character on public works 11 in the locality in which the work is performed, and not less 12 than the general prevailing rate of hourly wages for legal 13 holiday and overtime work, shall be paid to all laborers, 14 workers and mechanics employed by or on behalf of any public 15 body engaged in the construction of public works. Only such 16 laborers, workers and mechanics as are directly employed by 17 contractors or subcontractors in actual construction work on 18 the site of the building or construction job, and laborers, 19 workers and mechanics engaged in the transportation of 20 materials and equipment to or from the site, but not 21 including the transportation by the sellers and suppliers or 22 the manufacture or processing of materials or equipment, in 23 the execution of any contract or contracts for public works 24 with any public body shall be deemed to be employed upon 25 public works. The wage for a tradesman performing maintenance 26 is equivalent to that of a tradesman engaged in construction. 27 (Source: P.A. 83-443.) 28 (820 ILCS 130/4) (from Ch. 48, par. 39s-4) 29 Sec. 4. The public body awarding any contract for public 30 work or otherwise undertaking any public works, shall 31 ascertain the general prevailing rate of hourly wages in the 32 locality in which the work is to be performed, for each craft SB1212 Enrolled -4- LRB093 03580 WGH 03609 b 1 or type of worker or mechanic needed to execute the contract, 2 and where the public body performs the work without letting a 3 contract therefor, shall ascertain the prevailing rate of 4 wages on a per hour basis in the locality, and such public 5 body shall specify in the resolution or ordinance and in the 6 call for bids for the contract, that the general prevailing 7 rate of wages in the locality for each craft or type of 8 worker or mechanic needed to execute the contract or perform 9 such work, also the general prevailing rate for legal holiday 10 and overtime work, as ascertained by the public body or by 11 the Department of Labor shall be paid for each craft or type 12 of worker needed to execute the contract or to perform such 13 work, and it shall be mandatory upon the contractor to whom 14 the contract is awarded and upon any subcontractor under him, 15 and where the public body performs the work, upon the public 16 body, to pay not less than the specified rates to all 17 laborers, workers and mechanics employed by them in the 18 execution of the contract or such work; provided, however, 19 that if the public body desires that the Department of Labor 20 ascertain the prevailing rate of wages, it shall notify the 21 Department of Labor to ascertain the general prevailing rate 22 of hourly wages for work under contract, or for work 23 performed by a public body without letting a contract as 24 required in the locality in which the work is to be 25 performed, for each craft or type of worker or mechanic 26 needed to execute the contract or project or work to be 27 performed. Upon such notification the Department of Labor 28 shall ascertain such general prevailing rate of wages, and 29 certify the prevailing wage to such public body. The public 30 body awarding the contract shall cause to be inserted in the 31 contract a stipulation to the effect that not less than the 32 prevailing rate of wages as found by the public body or 33 Department of Labor or determined by the court on review 34 shall be paid to all laborers, workers and mechanics SB1212 Enrolled -5- LRB093 03580 WGH 03609 b 1 performing work under the contract. It shall also require in 2 all such contractor's bonds that the contractor include such 3 provision as will guarantee the faithful performance of such 4 prevailing wage clause as provided by contract. All bid 5 specifications shall list the specified rates to all 6 laborers, workers and mechanics in the locality for each 7 craft or type of worker or mechanic needed to execute the 8 contract. If the Department of Labor revises the prevailing 9 rate of hourly wages to be paid by the public body, the 10 revised rate shall apply to such contract, and the public 11 body shall be responsible to notify the contractor and each 12 subcontractor, of the revised rate. Two or more investigatory 13 hearings under this Section on the issue of establishing a 14 new prevailing wage classification for a particular craft or 15 type of worker shall be consolidated in a single hearing 16 before the Department. Such consolidation shall occur 17 whether each separate investigatory hearing is conducted by a 18 public body or the Department. The party requesting a 19 consolidated investigatory hearing shall have the burden of 20 establishing that there is no existing prevailing wage 21 classification for the particular craft or type of worker in 22 any of the localities under consideration. 23 It shall be mandatory upon the contractor or construction 24 manager to whom a contract for public works is awarded to 25 post, at a location on the project site of the public works 26 that is easily accessible to the workers 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. 92-783, eff. 8-6-02.)