093_HB3398enr

 
HB3398 Enrolled                      LRB093 03396 WGH 07431 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 4, 5, 9, 10, and 11a as follows:

 6        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
 7        Sec. 4.  (a) The public body awarding  any  contract  for
 8    public  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    project  specifications and the contract a stipulation to the
11    effect that not less than the prevailing  rate  of  wages  as
12    found by the public body or Department of Labor or determined
13    by the court on review shall be paid to all laborers, workers
14    and mechanics performing work under the contract.
15        (b)  It  shall  also  be mandatory upon the contractor to
16    whom the contract is awarded to insert into each  subcontract
17    and  into  the  project specifications for each subcontract a
18    written stipulation to the effect  that  not  less  than  the
19    prevailing  rate  of  wages  shall  be  paid to all laborers,
20    workers, and mechanics performing work under the contract. It
21    shall also be mandatory upon each subcontractor to  cause  to
22    be  inserted  into each lower tiered subcontract and into the
23    project specifications for each lower  tiered  subcontract  a
24    stipulation  to  the effect that not less than the prevailing
25    rate of wages shall be paid to  all  laborers,  workers,  and
26    mechanics performing work under the contract. A contractor or
27    subcontractor who fails to comply with this subsection (b) is
28    in violation of this Act.
29        (c)  It shall also require in all such contractor's bonds
30    that  the contractor include such provision as will guarantee
31    the faithful performance of such prevailing  wage  clause  as
32    provided  by contract.  All bid specifications shall list the
33    specified rates to all laborers, workers and mechanics in the
34    locality for each craft or type of worker or mechanic  needed
 
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 1    to execute the contract.
 2        (d)  If  the  Department  of Labor revises the prevailing
 3    rate of hourly wages to be  paid  by  the  public  body,  the
 4    revised  rate  shall  apply  to such contract, and the public
 5    body shall be responsible to notify the contractor  and  each
 6    subcontractor, of the revised rate.
 7        (e)  Two   or  more  investigatory  hearings  under  this
 8    Section on the issue of establishing a  new  prevailing  wage
 9    classification for a particular craft or type of worker shall
10    be  consolidated  in  a single hearing before the Department.
11    Such  consolidation  shall  occur   whether   each   separate
12    investigatory  hearing  is  conducted by a public body or the
13    Department. The party requesting a consolidated investigatory
14    hearing shall have the burden of establishing that  there  is
15    no existing prevailing wage classification for the particular
16    craft  or  type  of  worker  in  any  of the localities under
17    consideration.
18    (Source: P.A. 92-783, eff. 8-6-02.)

19        (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
20        Sec. 5. The contractor  and  each  subcontractor  or  the
21    officer  of  the  public  body in charge of the project shall
22    make and keep, for a period of not less than  3  years,  true
23    and  accurate  records of the name, address, telephone number
24    when available, social security number, keep or cause  to  be
25    kept,  an accurate record showing the names and occupation of
26    all laborers, workers and  mechanics  employed  by  them,  in
27    connection with said public work. The records shall also show
28    the  actual  hourly  wages  paid  in  each pay period to each
29    employee and the hours worked each day in each work  week  by
30    each  employee.  While  participating  on  public works, each
31    contractor's payroll records shall include the  starting  and
32    ending times of work for each employee. The, and showing also
33    the  actual  hourly wages paid to each of such persons, which
 
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 1    record  shall  be  open  at  all  reasonable  hours  to   the
 2    inspection  of  the  public  body  awarding the contract, its
 3    officers and agents, and to the Director  of  Labor  and  his
 4    deputies  and  agents.  Any  contractor or subcontractor that
 5    maintains its principal place of  business  outside  of  this
 6    State  shall  make the required records or accurate copies of
 7    those records available within this State at  all  reasonable
 8    hours for inspection.
 9    (Source: P.A. 92-783, eff. 8-6-02.)

10        (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
11        Sec. 9.  To effectuate the purpose and policy of this Act
12    each  public  body  shall,  during  the month of June of each
13    calendar year, investigate and ascertain the prevailing  rate
14    of  wages  as  defined  in this Act and publicly post or keep
15    available for inspection by any interested party in the  main
16    office   of  such  public  body  its  determination  of  such
17    prevailing rate of wage and shall  promptly  file,  no  later
18    than  July  15  of each year, a certified copy thereof in the
19    office of the Secretary  of  State  at  Springfield  and  the
20    office of the Illinois Department of Labor.
21        The Department of Labor shall during the month of June of
22    each  calendar year, investigate and ascertain the prevailing
23    rate of wages for each county in the State.  If a public body
24    does not investigate and ascertain  the  prevailing  rate  of
25    wages  during  the  month of June as required by the previous
26    paragraph, then the prevailing rate of wages for that  public
27    body  shall be the rate as determined by the Department under
28    this paragraph for the county in which such  public  body  is
29    located.
30        Where  the  Department of Labor ascertains the prevailing
31    rate of wages, it is the duty  of  the  Department  of  Labor
32    within  30 days after receiving a notice from the public body
33    authorizing the proposed work, to conduct an investigation to
 
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 1    ascertain the prevailing rate of wages as defined in this Act
 2    and such investigation shall be conducted in the locality  in
 3    which  the  work  is to be performed. The Department of Labor
 4    shall send a certified copy of its  findings  to  the  public
 5    body  authorizing  the work and keep a record of its findings
 6    available for inspection  by  any  interested  party  in  the
 7    office of the Department of Labor at Springfield.
 8        The   public   body   except   for   the   Department  of
 9    Transportation with respect to highway contracts shall within
10    30 days after filing with the  Secretary  of  State,  or  the
11    Department  of  Labor  shall within 30 days after filing with
12    such  public  body,  publish  in  a  newspaper   of   general
13    circulation   within  the  area  that  the  determination  is
14    effective, a notice of its determination and  shall  promptly
15    mail  a copy of its determination to any employer, and to any
16    association of employers and to any person or association  of
17    employees   who   have   filed  their  names  and  addresses,
18    requesting copies of any determination stating the particular
19    rates and the particular class of workers whose wages will be
20    affected by such rates.
21        At any time within 30 15 days  after  the  Department  of
22    Labor  has  published  on  its official web site a prevailing
23    wage schedule a certified copy of the determination has  been
24    published as herein provided, any person affected thereby may
25    object  in  writing to the determination or such part thereof
26    as they may deem objectionable by  filing  a  written  notice
27    with  the  public  body or Department of Labor, whichever has
28    made such determination, stating the specified grounds of the
29    objection. It shall thereafter be the duty of the public body
30    or Department of Labor to set a date for  a  hearing  on  the
31    objection  after  giving  written  notice to the objectors at
32    least 10 days before the date of the hearing and said  notice
33    shall  state the time and place of such hearing. Such hearing
34    by a public body shall be held within 45 20  days  after  the
 
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 1    objection is filed, and shall not be postponed or reset for a
 2    later  date  except  upon the consent, in writing, of all the
 3    objectors and the public body. If such hearing is not held by
 4    the  public  body  within  the  time  herein  specified,  the
 5    Department of Labor  may,  upon  request  of  the  objectors,
 6    conduct the hearing on behalf of the public body.
 7        The  public  body  or  Department of Labor, whichever has
 8    made such determination, is authorized in its  discretion  to
 9    hear  each  written objection filed separately or consolidate
10    for hearing any one or more  written  objections  filed  with
11    them.  At such hearing the public body or Department of Labor
12    shall introduce in evidence the investigation  it  instituted
13    which  formed  the basis of its determination, and the public
14    body or Department of Labor, or any interested objectors  may
15    thereafter  introduce  such  evidence  as  is material to the
16    issue. Thereafter, the public body or  Department  of  Labor,
17    must  rule  upon  the  written  objection and make such final
18    determination as  it  believes  the  evidence  warrants,  and
19    promptly  file  a  certified  copy of its final determination
20    with such public body and the Secretary of State, and serve a
21    copy by personal service or registered mail on all parties to
22    the proceedings. The final determination by the Department of
23    Labor or a public body shall be rendered within  30  10  days
24    after the conclusion of the hearing.
25        If   proceedings   to   review   judicially   the   final
26    determination  of  the public body or Department of Labor are
27    not instituted  as  hereafter  provided,  such  determination
28    shall be final and binding.
29        The  provisions of the Administrative Review Law, and all
30    amendments and modifications thereof, and the  rules  adopted
31    pursuant  thereto,  shall apply to and govern all proceedings
32    for the judicial review of final administrative decisions  of
33    any  public  body  or  the Department of Labor hereunder. The
34    term "administrative decision" is defined as in Section 3-101
 
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 1    of the Code of Civil Procedure.
 2        Appeals from all final orders and  judgments  entered  by
 3    the  court  in review of the final administrative decision of
 4    the public body or Department of Labor, may be taken  by  any
 5    party to the action.
 6        Any  proceeding in any court affecting a determination of
 7    the Department of Labor or public body shall have priority in
 8    hearing and determination over all  other  civil  proceedings
 9    pending in said court, except election contests.
10        In all reviews or appeals under this Act, it shall be the
11    duty  of  the Attorney General to represent the Department of
12    Labor, and defend its  determination.  The  Attorney  General
13    shall not represent any public body, except the State, in any
14    such review or appeal.
15    (Source: P.A. 83-201.)

16        (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
17        Sec.  10.   The  presiding officer of the public body, or
18    his or her authorized representative and the Director of  the
19    Department  of Labor, or his or her authorized representative
20    may interview workers, administer oaths, take or cause to  be
21    taken  the  depositions of witnesses, and require by subpoena
22    the attendance and testimony of witnesses, and the production
23    of all books, records, and other  evidence  relative  to  the
24    matter under investigation or hearing. Such subpoena shall be
25    signed  and  issued  by  such presiding officer or his or her
26    authorized representative, or the  Director  or  his  or  her
27    authorized representative.
28        Upon  request  by  the  Director  of  Labor or his or her
29    deputies or agents, records shall be copied and submitted for
30    evidence at  no  cost  to  the  Department  of  Labor.  Every
31    employer upon request shall furnish to the Director or his or
32    her  authorized  representative, on demand, a sworn statement
33    of the accuracy of the records. Any employer who  refuses  to
 
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 1    furnish  a  sworn statement of the records is in violation of
 2    this Act.
 3        In case of failure of  any  person  to  comply  with  any
 4    subpoena lawfully issued under this section or on the refusal
 5    of  any  witness  to  produce  evidence  or to testify to any
 6    matter  regarding  which  he   or   she   may   be   lawfully
 7    interrogated,  it  is  the  duty  of  any circuit court, upon
 8    application  of  such  presiding  officer  or  his   or   her
 9    authorized  representative,  or  the  Director  or his or her
10    authorized representative, to compel obedience by proceedings
11    for  contempt,  as  in  the  case  of  disobedience  of   the
12    requirements  of a subpoena issued by such court or a refusal
13    to testify therein. Such presiding officer and  the  Director
14    may certify to official acts.
15    (Source: P.A. 83-334.)

16        (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
17        Sec.  11a.  The Director of the Department of Labor shall
18    publish in the Illinois Register no less often than once each
19    calendar quarter a  list  of  contractors  or  subcontractors
20    found  to  have  disregarded  their  obligations to employees
21    under this Act. The Department of Labor shall  determine  the
22    contractors  or  subcontractors who, on 2 separate occasions,
23    have been determined to have violated the provisions of  this
24    Act.  Upon such determination the Department shall notify the
25    violating  contractor  or  subcontractor.  Such contractor or
26    subcontractor shall then have 10 working days  to  request  a
27    hearing by the Department on the alleged violations.  Failure
28    to  respond  within the 10 working day period shall result in
29    automatic and immediate  placement  and  publication  on  the
30    list.   If the contractor or subcontractor requests a hearing
31    within the 10 working day period, the Director  shall  set  a
32    hearing  on  the alleged violations.  Such hearing shall take
33    place no later than 45 30 calendar days after the receipt  by
 
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 1    the  Department  of  Labor of the request for a hearing.  The
 2    Department of Labor is empowered to promulgate, adopt,  amend
 3    and  rescind  rules  and  regulations  to  govern the hearing
 4    procedure.  No contract shall be awarded to a  contractor  or
 5    subcontractor   appearing  on  the  list,  or  to  any  firm,
 6    corporation,  partnership  or  association  in   which   such
 7    contractor  or  subcontractor  has  an interest until 2 years
 8    have elapsed  from  the  date  of  publication  of  the  list
 9    containing the name of such contractor or subcontractor.
10    (Source: P.A. 86-693; 86-799; 86-1028.)