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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 
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Section 4 as follows:
 



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    (820 ILCS 130/4)  (from Ch. 48, par. 39s-4)



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    Sec. 4. Ascertaining prevailing wage. 
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    (a) The public body awarding any contract for public work 
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or
otherwise undertaking any public works, shall ascertain the 
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general
prevailing rate of hourly wages in the locality in 
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which the work is to
be performed, for each craft or type of 
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worker or mechanic needed to
execute the contract, and where 
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the public body performs the work
without letting a contract 
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therefor, shall ascertain the prevailing rate
of wages on a per 
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hour basis in the locality, and such public body shall
specify 
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in the resolution or ordinance and in the call for bids for the

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contract, that the general prevailing rate of wages in the 
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locality for
each craft or type of worker or mechanic needed to 
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execute the contract
or perform such work, also the general 
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prevailing rate for legal holiday
and overtime work, as 
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ascertained by the public body or by the
Department of Labor 
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shall be paid for each craft or type of worker
needed to 
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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 
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performs the
work, upon the public body, to pay not less than 
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the specified rates to
all laborers, workers and mechanics 
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employed by them in the execution of
the contract or such work; 
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provided, however, that if the public body
desires that the 
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Department of Labor ascertain the prevailing rate of
wages, it 
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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 
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work
performed by a public body without letting a contract as 
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required in the
locality in which the work is to be performed, 
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for each craft or type of
worker or mechanic needed to execute 
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the contract or project or work to
be performed. Upon such 
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notification the Department of Labor shall
ascertain such 
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general prevailing rate of wages, and certify the
prevailing 
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wage to such public body.
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    (a-1)  The public body or other entity awarding the
contract 
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shall cause to be inserted in the project specifications and 
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the
contract a stipulation to the
effect that not less than the 
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prevailing rate of wages as found by the
public body or 
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Department of Labor or determined by the court on review
shall 
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be paid to all laborers, workers and mechanics performing work

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under the contract.

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    (a-2)  When a public body or other entity covered by this 
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Act has awarded work to a contractor without a public bid, 
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contract or project specification, such public body or other 
 


 






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entity shall comply with subsection (a-1) by providing the 
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contractor with written notice on the purchase order related to 
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the work to be done or on a separate document indicating that 
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not less than the prevailing rate of wages as found by the 
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public body or Department of Labor or determined by the court 
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on review shall be paid to all laborers, workers, and mechanics 
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performing work on the project. 
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    (a-3)  Where a complaint is made and the Department of Labor 
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determines that a violation occurred, the Department of Labor 
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shall determine if proper written notice under this Section 4 
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was given.  If proper written notice was not provided to the 
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contractor by the public body or other entity, the Department 
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of Labor shall order the public body or other entity to pay any 
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interest, penalties or fines that would have been owed by the 
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contractor if proper written notice were provided.  The failure 
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by a public body or other entity to provide written notice does 
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not relieve the contractor of the duty to comply with the 
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prevailing wage rate, nor of the obligation to pay any back 
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wages, as determined under this Act.  For the purposes of this 
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subsection, back wages shall be limited to the difference 
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between the actual amount paid and the prevailing rate of wages 
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required to be paid for the project.  The failure of a public 
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body or other entity to provide written notice under this 
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Section 4 does not diminish the right of a laborer, worker, or 
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mechanic to the prevailing rate of wages as determined under 
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this Act. 
 


 






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    (b) It shall also be mandatory upon the contractor to whom 
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the contract is
awarded
to insert into each subcontract and 
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into the project specifications for each
subcontract a written 
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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 
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mechanics performing
work under the contract. It shall also be 
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mandatory upon each subcontractor to
cause to be inserted into 
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each lower tiered subcontract
and into the project 
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specifications for each lower tiered subcontract a
stipulation 
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to the effect that not less
than the prevailing rate of wages 
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shall be paid to all laborers, workers, and
mechanics 
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performing work under the contract. A contractor or 
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subcontractor who
fails to comply with this subsection (b) is 
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in violation of this Act.

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    (b-1)  When a contractor has awarded work to a subcontractor 
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without a contract or contract specification, the contractor 
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shall comply with subsection (b) by providing a subcontractor 
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with a written statement indicating that not less than the 
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prevailing rate of wages shall be paid to all laborers, 
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workers, and mechanics performing work on the project.  A 
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contractor or subcontractor who fails to comply with this 
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subsection (b-1) is in violation of this Act. 
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    (b-2)  Where a complaint is made and the Department of Labor 
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determines that a violation has occurred, the Department of 
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Labor shall determine if proper written notice under this 
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Section 4 was given.  If proper written notice was not provided 
 


 






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to the subcontractor by the contractor, the Department of Labor 
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shall order the contractor to pay any interest, penalties, or 
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fines that would have been owed by the subcontractor if proper 
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written notice were provided.  The failure by a contractor to 
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provide written notice to a subcontractor does not relieve the 
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subcontractor of the duty to comply with the prevailing wage 
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rate, nor of the obligation to pay any back wages, as 
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determined under this Act.  For the purposes of this subsection, 
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back wages shall be limited to the difference between the 
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actual amount paid and the prevailing rate of wages required 
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for the project.  However, if proper written notice was not 
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provided to the contractor by the public body or other entity 
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under this Section 4, the Department of Labor shall order the 
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public body or other entity to pay any interest, penalties, or 
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fines that would have been owed by the subcontractor if proper 
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written notice were provided.  The failure by a public body or 
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other entity to provide written notice does not relieve the 
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subcontractor of the duty to comply with the prevailing wage 
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rate, nor of the obligation to pay any back wages, as 
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determined under this Act.  For the purposes of this subsection, 
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back wages shall be limited to the difference between the 
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actual amount paid and the prevailing rate of wages required 
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for the project.  The failure to provide written notice by a 
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public body, other entity, or contractor does not diminish the 
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right of a laborer, worker, or mechanic to the prevailing rate 
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of wages as determined under this Act. 
 


 






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    (c) A public body or other entity It shall also require in 
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all contractor's and subcontractor's such contractor's bonds

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that the contractor or subcontractor include such provision as 
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will guarantee the
faithful performance of such prevailing wage 
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clause as provided by
contract or other written instrument.  All 
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bid specifications shall list the specified rates to all

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laborers, workers and mechanics in the locality for each craft 
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or type of
worker or mechanic needed to 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 
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shall apply to such contract, and the public body shall be

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responsible to notify the contractor and each subcontractor, of 
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the revised
rate.

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    (e) Two or more investigatory hearings under this Section 
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on the issue
of establishing a new prevailing wage 
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classification for a particular craft
or type of worker shall 
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be consolidated in a single hearing before the
Department.  Such 
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consolidation shall occur whether each separate investigatory

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hearing is conducted by a public body or the Department.  The 
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party requesting
a consolidated investigatory hearing shall 
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have the burden of establishing that
there is no existing 
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prevailing wage classification for the particular craft or
type 
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of worker in any of the localities under consideration.

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    (f) It shall be mandatory upon the contractor or 
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construction manager
to whom a contract for public works is 
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awarded to post, at a
location on the project site of the 
 


 






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public works that is
easily accessible to the workers engaged 
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on the project,
the prevailing wage rates for each craft or 
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type of worker
or mechanic needed to execute the contract or 
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project or
work to be performed.  In lieu of posting on the 
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project site of the public works, a contractor which has a 
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business location where laborers, workers, and mechanics 
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regularly visit may: (1) post in a conspicuous location at that 
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business the current prevailing wage rates for each county in 
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which the contractor is performing work; or (2) provide such 
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laborer, worker, or mechanic engaged on the public works 
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project a written notice indicating the prevailing wage rates 
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for the public works project. A failure to post or provide a 
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prevailing wage
rate as required by this Section is a violation 
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of this Act.

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(Source: P.A. 95-331, eff. 8-21-07.)