093_HB3398sam001

 










                                     LRB093 03396 WGH 15419 a

 1                    AMENDMENT TO HOUSE BILL 3398

 2        AMENDMENT NO.     .  Amend House Bill 3398  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Prevailing  Wage  Act  is  amended  by
 5    changing Sections 2, 4, 5, 9, 10, and 11a 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  constructed  for
14    public  use by 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
 
                            -2-      LRB093 03396 WGH 15419 a
 1    Facilities Authority Act, or the Build Illinois Bond Act, and
 2    all projects financed in whole or in part with loans or other
 3    funds made available pursuant  to  the  Build  Illinois  Act.
 4    "Public  works"  also includes all projects financed in whole
 5    or in part with funds from  the  Fund  for  Illinois'  Future
 6    under  Section  6z-47  of  the  State  Finance Act, funds for
 7    school construction under Section 5 of the General Obligation
 8    Bond Act, funds authorized under  Section  3  of  the  School
 9    Construction  Bond Act, funds for school infrastructure under
10    Section  6z-45  of  the  State  Finance  Act,  or  funds  for
11    transportation  purposes  under  Section  4  of  the  General
12    Obligation Bond Act.
13        "Construction" means all work on public  works  involving
14    laborers, workers or mechanics.
15        "Locality"  means the county where the physical work upon
16    public works is performed, except (1) that if  there  is  not
17    available  in  the  county  a  sufficient number of competent
18    skilled laborers, workers  and  mechanics  to  construct  the
19    public  works  efficiently  and properly, "locality" includes
20    any other county  nearest  the  one  in  which  the  work  or
21    construction  is  to be performed and from which such persons
22    may be obtained in sufficient numbers to perform the work and
23    (2) that, with respect to contracts for highway work with the
24    Department of Transportation of this State, "locality" may at
25    the  discretion  of  the  Secretary  of  the  Department   of
26    Transportation  be  construed to include two or more adjacent
27    counties from which workers may be  accessible  for  work  on
28    such construction.
29        "Public  body"  means  the State or any officer, board or
30    commission of the  State  or  any  political  subdivision  or
31    department  thereof, or any institution supported in whole or
32    in part by public  funds,  authorized  by  law  to  construct
33    public   works   or  to  enter  into  any  contract  for  the
34    construction of public  works,  and  includes  every  county,
 
                            -3-      LRB093 03396 WGH 15419 a
 1    city,  town,  village, township, school district, irrigation,
 2    utility, reclamation improvement or other district and  every
 3    other  political subdivision, district or municipality of the
 4    state whether such  political  subdivision,  municipality  or
 5    district operates under a special charter or not.
 6        The  terms  "general  prevailing  rate  of hourly wages",
 7    "general prevailing rate of wages"  or  "prevailing  rate  of
 8    wages"  when used in this Act mean the hourly cash wages plus
 9    fringe benefits  for  training  and  apprenticeship  programs
10    approved   by   the  U.S.  Department  of  Labor,  Bureau  of
11    Apprenticeship and Training, health and  welfare,  insurance,
12    vacations  and  pensions  paid  generally, in the locality in
13    which the work is being performed, to  employees  engaged  in
14    work of a similar character on public works.
15    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
16    92-16, eff. 6-28-01.)

17        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
18        Sec.  4.  (a)  The  public body awarding any contract for
19    public work or otherwise undertaking any public works,  shall
20    ascertain  the general prevailing rate of hourly wages in the
21    locality in which the work is to be performed, for each craft
22    or type of worker or mechanic needed to execute the contract,
23    and where the public body performs the work without letting a
24    contract therefor, shall ascertain  the  prevailing  rate  of
25    wages  on  a  per hour basis in the locality, and such public
26    body shall specify in the resolution or ordinance and in  the
27    call  for  bids for the contract, that the general prevailing
28    rate of wages in the locality  for  each  craft  or  type  of
29    worker  or mechanic needed to execute the contract or perform
30    such work, also the general prevailing rate for legal holiday
31    and overtime work, as ascertained by the public  body  or  by
32    the  Department of Labor shall be paid for each craft or type
33    of worker needed to execute the contract or to  perform  such
 
                            -4-      LRB093 03396 WGH 15419 a
 1    work,  and  it shall be mandatory upon the contractor to whom
 2    the contract is awarded and upon any subcontractor under him,
 3    and where the public body performs the work, upon the  public
 4    body,  to  pay  not  less  than  the  specified  rates to all
 5    laborers, workers and  mechanics  employed  by  them  in  the
 6    execution  of  the  contract or such work; provided, however,
 7    that if the public body desires that the Department of  Labor
 8    ascertain  the  prevailing rate of wages, it shall notify the
 9    Department of Labor to ascertain the general prevailing  rate
10    of  hourly  wages  for  work  under  contract,  or  for  work
11    performed  by  a  public  body  without letting a contract as
12    required  in  the  locality  in  which  the  work  is  to  be
13    performed, for each craft  or  type  of  worker  or  mechanic
14    needed  to  execute  the  contract  or  project or work to be
15    performed. Upon such notification  the  Department  of  Labor
16    shall  ascertain  such  general prevailing rate of wages, and
17    certify the prevailing wage to such public body.  The  public
18    body  awarding the contract shall cause to be inserted in the
19    project specifications and the contract a stipulation to  the
20    effect  that  not  less  than the prevailing rate of wages as
21    found by the public body or Department of Labor or determined
22    by the court on review shall be paid to all laborers, workers
23    and mechanics performing work under the contract.
24        (b)  It shall also be mandatory upon  the  contractor  to
25    whom  the contract is awarded to insert into each subcontract
26    and into the project specifications for  each  subcontract  a
27    written  stipulation  to  the  effect  that not less than the
28    prevailing rate of wages  shall  be  paid  to  all  laborers,
29    workers, and mechanics performing work under the contract. It
30    shall  also  be mandatory upon each subcontractor to cause to
31    be inserted into each lower tiered subcontract and  into  the
32    project  specifications  for  each lower tiered subcontract a
33    stipulation to the effect that not less than  the  prevailing
34    rate  of  wages  shall  be paid to all laborers, workers, and
 
                            -5-      LRB093 03396 WGH 15419 a
 1    mechanics performing work under the contract. A contractor or
 2    subcontractor who fails to comply with this subsection (b) is
 3    in violation of this Act.
 4        (c)  It shall also require in all such contractor's bonds
 5    that the contractor include such provision as will  guarantee
 6    the  faithful  performance  of such prevailing wage clause as
 7    provided by contract.  All bid specifications shall list  the
 8    specified rates to all laborers, workers and mechanics in the
 9    locality  for each craft or type of worker or mechanic needed
10    to execute the contract.
11        (d)  If the Department of Labor  revises  the  prevailing
12    rate  of  hourly  wages  to  be  paid by the public body, the
13    revised rate shall apply to such  contract,  and  the  public
14    body  shall  be responsible to notify the contractor and each
15    subcontractor, of the revised rate.
16        (e)  Two  or  more  investigatory  hearings  under   this
17    Section  on  the  issue of establishing a new prevailing wage
18    classification for a particular craft or type of worker shall
19    be consolidated in a single hearing  before  the  Department.
20    Such   consolidation   shall   occur  whether  each  separate
21    investigatory hearing is conducted by a public  body  or  the
22    Department. The party requesting a consolidated investigatory
23    hearing  shall  have the burden of establishing that there is
24    no existing prevailing wage classification for the particular
25    craft or type of  worker  in  any  of  the  localities  under
26    consideration.
27        (f)  It   shall  be  mandatory  upon  the  contractor  or
28    construction manager to whom a contract for public  works  is
29    awarded  to  post,  at  a location on the project site of the
30    public works that is easily accessible to the workers engaged
31    on the project, the prevailing wage rates for each  craft  or
32    type  of worker or mechanic needed to execute the contract or
33    project or  work  to  be  performed.  A  failure  to  post  a
34    prevailing  wage rate as required by this subsection (f) is a
 
                            -6-      LRB093 03396 WGH 15419 a
 1    violation of this Act.
 2    (Source: P.A. 92-783, eff. 8-6-02.)

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

27        (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
28        Sec. 9.  To effectuate the purpose and policy of this Act
29    each  public  body  shall,  during  the month of June of each
30    calendar year, investigate and ascertain the prevailing  rate
31    of  wages  as  defined  in this Act and publicly post or keep
32    available for inspection by any interested party in the  main
 
                            -7-      LRB093 03396 WGH 15419 a
 1    office   of  such  public  body  its  determination  of  such
 2    prevailing rate of wage and shall  promptly  file,  no  later
 3    than  July  15  of each year, a certified copy thereof in the
 4    office of the Secretary  of  State  at  Springfield  and  the
 5    office of the Illinois Department of Labor.
 6        The Department of Labor shall during the month of June of
 7    each  calendar year, investigate and ascertain the prevailing
 8    rate of wages for each county in the State.  If a public body
 9    does not investigate and ascertain  the  prevailing  rate  of
10    wages  during  the  month of June as required by the previous
11    paragraph, then the prevailing rate of wages for that  public
12    body  shall be the rate as determined by the Department under
13    this paragraph for the county in which such  public  body  is
14    located.
15        Where  the  Department of Labor ascertains the prevailing
16    rate of wages, it is the duty  of  the  Department  of  Labor
17    within  30 days after receiving a notice from the public body
18    authorizing the proposed work, to conduct an investigation to
19    ascertain the prevailing rate of wages as defined in this Act
20    and such investigation shall be conducted in the locality  in
21    which  the  work  is to be performed. The Department of Labor
22    shall send a certified copy of its  findings  to  the  public
23    body  authorizing  the work and keep a record of its findings
24    available for inspection  by  any  interested  party  in  the
25    office of the Department of Labor at Springfield.
26        The   public   body   except   for   the   Department  of
27    Transportation with respect to highway contracts shall within
28    30 days after filing with the  Secretary  of  State,  or  the
29    Department  of  Labor  shall within 30 days after filing with
30    such  public  body,  publish  in  a  newspaper   of   general
31    circulation   within  the  area  that  the  determination  is
32    effective, a notice of its determination and  shall  promptly
33    mail  a copy of its determination to any employer, and to any
34    association of employers and to any person or association  of
 
                            -8-      LRB093 03396 WGH 15419 a
 1    employees   who   have   filed  their  names  and  addresses,
 2    requesting copies of any determination stating the particular
 3    rates and the particular class of workers whose wages will be
 4    affected by such rates.
 5        At any time within 30 15 days  after  the  Department  of
 6    Labor  has  published  on  its official web site a prevailing
 7    wage schedule a certified copy of the determination has  been
 8    published as herein provided, any person affected thereby may
 9    object  in  writing to the determination or such part thereof
10    as they may deem objectionable by  filing  a  written  notice
11    with  the  public  body or Department of Labor, whichever has
12    made such determination, stating the specified grounds of the
13    objection. It shall thereafter be the duty of the public body
14    or Department of Labor to set a date for  a  hearing  on  the
15    objection  after  giving  written  notice to the objectors at
16    least 10 days before the date of the hearing and said  notice
17    shall  state the time and place of such hearing. Such hearing
18    by a public body shall be held within 45 20  days  after  the
19    objection is filed, and shall not be postponed or reset for a
20    later  date  except  upon the consent, in writing, of all the
21    objectors and the public body. If such hearing is not held by
22    the  public  body  within  the  time  herein  specified,  the
23    Department of Labor  may,  upon  request  of  the  objectors,
24    conduct the hearing on behalf of the public body.
25        The  public  body  or  Department of Labor, whichever has
26    made such determination, is authorized in its  discretion  to
27    hear  each  written objection filed separately or consolidate
28    for hearing any one or more  written  objections  filed  with
29    them.  At such hearing the public body or Department of Labor
30    shall introduce in evidence the investigation  it  instituted
31    which  formed  the basis of its determination, and the public
32    body or Department of Labor, or any interested objectors  may
33    thereafter  introduce  such  evidence  as  is material to the
34    issue. Thereafter, the public body or  Department  of  Labor,
 
                            -9-      LRB093 03396 WGH 15419 a
 1    must  rule  upon  the  written  objection and make such final
 2    determination as  it  believes  the  evidence  warrants,  and
 3    promptly  file  a  certified  copy of its final determination
 4    with such public body and the Secretary of State, and serve a
 5    copy by personal service or registered mail on all parties to
 6    the proceedings. The final determination by the Department of
 7    Labor or a public body shall be rendered within  30  10  days
 8    after the conclusion of the hearing.
 9        If   proceedings   to   review   judicially   the   final
10    determination  of  the public body or Department of Labor are
11    not instituted  as  hereafter  provided,  such  determination
12    shall be final and binding.
13        The  provisions of the Administrative Review Law, and all
14    amendments and modifications thereof, and the  rules  adopted
15    pursuant  thereto,  shall apply to and govern all proceedings
16    for the judicial review of final administrative decisions  of
17    any  public  body  or  the Department of Labor hereunder. The
18    term "administrative decision" is defined as in Section 3-101
19    of the Code of Civil Procedure.
20        Appeals from all final orders and  judgments  entered  by
21    the  court  in review of the final administrative decision of
22    the public body or Department of Labor, may be taken  by  any
23    party to the action.
24        Any  proceeding in any court affecting a determination of
25    the Department of Labor or public body shall have priority in
26    hearing and determination over all  other  civil  proceedings
27    pending in said court, except election contests.
28        In all reviews or appeals under this Act, it shall be the
29    duty  of  the Attorney General to represent the Department of
30    Labor, and defend its  determination.  The  Attorney  General
31    shall not represent any public body, except the State, in any
32    such review or appeal.
33    (Source: P.A. 83-201.)
 
                            -10-     LRB093 03396 WGH 15419 a
 1        (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
 2        Sec.  10.   The  presiding officer of the public body, or
 3    his or her authorized representative and the Director of  the
 4    Department  of Labor, or his or her authorized representative
 5    may interview workers, administer oaths, take or cause to  be
 6    taken  the  depositions of witnesses, and require by subpoena
 7    the attendance and testimony of witnesses, and the production
 8    of all books, records, and other  evidence  relative  to  the
 9    matter under investigation or hearing. Such subpoena shall be
10    signed  and  issued  by  such presiding officer or his or her
11    authorized representative, or the  Director  or  his  or  her
12    authorized representative.
13        Upon  request  by  the  Director  of  Labor or his or her
14    deputies or agents, records shall be copied and submitted for
15    evidence at  no  cost  to  the  Department  of  Labor.  Every
16    employer upon request shall furnish to the Director or his or
17    her  authorized  representative, on demand, a sworn statement
18    of the accuracy of the records. Any employer who  refuses  to
19    furnish  a  sworn statement of the records is in violation of
20    this Act.
21        In case of failure of  any  person  to  comply  with  any
22    subpoena lawfully issued under this section or on the refusal
23    of  any  witness  to  produce  evidence  or to testify to any
24    matter  regarding  which  he   or   she   may   be   lawfully
25    interrogated,  it  is  the  duty  of  any circuit court, upon
26    application  of  such  presiding  officer  or  his   or   her
27    authorized  representative,  or  the  Director  or his or her
28    authorized representative, to compel obedience by proceedings
29    for  contempt,  as  in  the  case  of  disobedience  of   the
30    requirements  of a subpoena issued by such court or a refusal
31    to testify therein. Such presiding officer and  the  Director
32    may certify to official acts.
33    (Source: P.A. 83-334.)
 
                            -11-     LRB093 03396 WGH 15419 a
 1        (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
 2        Sec.  11a.  The Director of the Department of Labor shall
 3    publish in the Illinois Register no less often than once each
 4    calendar quarter a  list  of  contractors  or  subcontractors
 5    found  to  have  disregarded  their  obligations to employees
 6    under this Act. The Department of Labor shall  determine  the
 7    contractors  or  subcontractors who, on 2 separate occasions,
 8    have been determined to have violated the provisions of  this
 9    Act.  Upon such determination the Department shall notify the
10    violating  contractor  or  subcontractor.  Such contractor or
11    subcontractor shall then have 10 working days  to  request  a
12    hearing by the Department on the alleged violations.  Failure
13    to  respond  within the 10 working day period shall result in
14    automatic and immediate  placement  and  publication  on  the
15    list.   If the contractor or subcontractor requests a hearing
16    within the 10 working day period, the Director  shall  set  a
17    hearing  on  the alleged violations.  Such hearing shall take
18    place no later than 45 30 calendar days after the receipt  by
19    the  Department  of  Labor of the request for a hearing.  The
20    Department of Labor is empowered to promulgate, adopt,  amend
21    and  rescind  rules  and  regulations  to  govern the hearing
22    procedure.  No contract shall be awarded to a  contractor  or
23    subcontractor   appearing  on  the  list,  or  to  any  firm,
24    corporation,  partnership  or  association  in   which   such
25    contractor  or  subcontractor  has  an interest until 2 years
26    have elapsed  from  the  date  of  publication  of  the  list
27    containing the name of such contractor or subcontractor.
28    (Source: P.A. 86-693; 86-799; 86-1028.)".