Full Text of SB1529 95th General Assembly
SB1529eng 95TH GENERAL ASSEMBLY
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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 | 5 |
| Sections 4, 5, and 9 as follows:
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| 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 wages | 14 |
| on a per hour basis in the locality, and such public body shall
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| specify in the resolution or ordinance and in the call for bids | 16 |
| for the
contract, that the general prevailing rate of wages in | 17 |
| the locality for
each craft or type of worker or mechanic | 18 |
| needed to execute the contract
or perform such work, also the | 19 |
| general prevailing rate for legal holiday
and overtime work, as | 20 |
| ascertained by the public body or by the
Department of Labor | 21 |
| shall be paid for each craft or type of worker
needed to | 22 |
| 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 | 2 |
| performs the
work, upon the public body, to pay not less than | 3 |
| the specified rates to
all laborers, workers and mechanics | 4 |
| employed by them in the execution of
the contract or such work; | 5 |
| provided, however, that if the public body
desires that the | 6 |
| Department of Labor ascertain the prevailing rate of
wages, it | 7 |
| 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 | 9 |
| work
performed by a public body without letting a contract as | 10 |
| required in the
locality in which the work is to be performed, | 11 |
| for each craft or type of
worker or mechanic needed to execute | 12 |
| the contract or project or work to
be performed. Upon such | 13 |
| notification the Department of Labor shall
ascertain such | 14 |
| general prevailing rate of wages, and certify the
prevailing | 15 |
| wage to such public body. The public body awarding the
contract | 16 |
| shall cause to be inserted in the project specifications and | 17 |
| the
contract a stipulation to the
effect that not less than the | 18 |
| prevailing rate of wages as found by the
public body or | 19 |
| Department of Labor or determined by the court on review
shall | 20 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract.
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| (b) It shall also be mandatory upon the contractor to whom | 23 |
| the contract is
awarded
to insert into each subcontract and | 24 |
| into the project specifications for each
subcontract a written | 25 |
| 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 | 2 |
| mandatory upon each subcontractor to
cause to be inserted into | 3 |
| each lower tiered subcontract
and into the project | 4 |
| specifications for each lower tiered subcontract a
stipulation | 5 |
| to the effect that not less
than the prevailing rate of wages | 6 |
| shall be paid to all laborers, workers, and
mechanics | 7 |
| performing work under the contract. A contractor or | 8 |
| subcontractor who
fails to comply with this subsection (b) is | 9 |
| in violation of this Act.
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| (c) It shall also require in all such contractor's bonds
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| that the contractor include such provision as will guarantee | 12 |
| the
faithful performance of such prevailing wage clause as | 13 |
| provided by
contract. All bid specifications shall list the | 14 |
| specified rates to all
laborers, workers and mechanics in the | 15 |
| locality for each craft or type of
worker or mechanic needed to | 16 |
| execute the contract.
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| (d) If the Department of Labor
revises the prevailing rate | 18 |
| of hourly wages to be paid by the public body, the
revised rate | 19 |
| shall apply to such contract, and the public body shall be
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| responsible to notify the contractor and each subcontractor, of | 21 |
| the revised
rate.
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| (e) Two or more investigatory hearings under this Section | 23 |
| on the issue
of establishing a new prevailing wage | 24 |
| classification for a particular craft
or type of worker shall | 25 |
| be consolidated in a single hearing before the
Department. Such | 26 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 2 |
| party requesting
a consolidated investigatory hearing shall | 3 |
| have the burden of establishing that
there is no existing | 4 |
| prevailing wage classification for the particular craft or
type | 5 |
| of worker in any of the localities under consideration.
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| It shall be mandatory upon the contractor or construction | 7 |
| manager
to whom a contract for public works is awarded to post, | 8 |
| at a
location on the project site of the public works that is
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| easily accessible to the workers engaged on the project,
the | 10 |
| prevailing wage rates for each craft or type of worker
or | 11 |
| mechanic needed to execute the contract or project or
work to | 12 |
| be performed. A failure to post a prevailing wage
rate as | 13 |
| required by this Section is a violation of this Act.
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| (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, | 15 |
| eff.
1-1-04; 93-38, eff. 6-1-04; revised 10-29-04.)
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| (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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| Sec. 5. Certified payroll.
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| (a) While participating on public works, the contractor and | 19 |
| each subcontractor shall: | 20 |
| (1) make and keep, for a period of not less
than 5
3
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| years, records of all laborers, mechanics, and other | 22 |
| workers employed by them on the project; the records shall | 23 |
| include each worker's name, address, telephone number
when | 24 |
| available, social security number, classification or | 25 |
| classifications, the hourly wages paid in each pay period, |
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| the number of hours worked each day, and the starting and | 2 |
| ending times of work each day; and | 3 |
| (2) submit monthly, in person, by mail, or | 4 |
| electronically a certified payroll to the public body in | 5 |
| charge of the project. The certified payroll shall consist | 6 |
| of a complete copy of the records identified in paragraph | 7 |
| (1) of this subsection (a), but may exclude the starting | 8 |
| and ending times of work each day. The certified payroll | 9 |
| shall be accompanied by a statement signed by the | 10 |
| contractor or subcontractor which avers that: (i) such | 11 |
| records are true and accurate; (ii) the hourly rate paid to | 12 |
| each worker is not less than the general prevailing rate of | 13 |
| hourly wages required by this Act; and (iii) the contractor | 14 |
| or subcontractor is aware that filing a certified payroll | 15 |
| that he or she knows to be false is a Class B misdemeanor. | 16 |
| A general contractor is not prohibited from relying on the | 17 |
| certification of a lower tier subcontractor, provided the | 18 |
| general contractor does not knowingly rely upon a | 19 |
| subcontractor's false certification. Any contractor or | 20 |
| subcontractor subject to this Act who fails to submit a | 21 |
| certified payroll or knowingly files a false certified | 22 |
| payroll is in violation of this Act and guilty of a Class B | 23 |
| misdemeanor. The public body in charge of the project shall | 24 |
| keep the records submitted in accordance with this | 25 |
| paragraph (2) of subsection (a) for a period of not less | 26 |
| than 3 years. The records submitted in accordance with this |
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| paragraph (2) of subsection (a) shall be considered public | 2 |
| records, except an employee's address, telephone number, | 3 |
| and social security number, and made available in | 4 |
| accordance with the Freedom of Information Act. The public | 5 |
| body shall accept any reasonable submissions by the | 6 |
| contractor that meet the requirements of this Section.
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| (b) Upon 7 business days' notice, the contractor and each | 8 |
| subcontractor shall make available for inspection the records | 9 |
| identified in paragraph (1) of subsection (a) of this Section | 10 |
| to the public body
in charge of the project, its officers and | 11 |
| agents, and to the Director of Labor
and his deputies and | 12 |
| agents. Upon 7 business days' notice, the contractor and each | 13 |
| subcontractor shall make such records available at all | 14 |
| reasonable hours at a location within this State. | 15 |
| (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05; | 16 |
| 94-1023, eff. 7-12-06.)
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| (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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| Sec. 9. To effectuate the purpose and policy of this Act | 19 |
| each public
body shall, during the month of June of each | 20 |
| calendar year, investigate
and ascertain the prevailing rate of | 21 |
| wages as defined in this Act and
publicly post or keep | 22 |
| available for inspection by any interested party
in the main | 23 |
| office of such public body its determination of such
prevailing | 24 |
| rate of wage and shall promptly file, no later than July 15 of
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| each year, a certified copy thereof
in the office of the |
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| Secretary of State at Springfield and the office of the
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| Illinois Department of Labor.
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| The Department of Labor shall during the month of June of | 4 |
| each calendar
year, investigate and ascertain the prevailing | 5 |
| rate of wages for each county
in the State. If a public body | 6 |
| does not investigate and ascertain the
prevailing
rate of wages | 7 |
| during the month of June as required by the previous paragraph,
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| then the prevailing rate of wages for that public body shall be | 9 |
| the rate
as determined by the Department under this paragraph | 10 |
| for the county in which
such public body is located.
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| Where the Department of Labor ascertains the prevailing | 12 |
| rate of
wages, it is the duty of the Department of Labor within | 13 |
| 30 days after
receiving a notice from the public body | 14 |
| authorizing the proposed work,
to conduct an investigation to | 15 |
| ascertain the prevailing rate of wages as
defined in this Act | 16 |
| and such investigation shall be conducted in the
locality in | 17 |
| which the work is to be performed. The Department of Labor
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| shall send a certified copy of its findings to the public body
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| authorizing the work and keep a record of its findings | 20 |
| available for
inspection by any interested party in the office | 21 |
| of the Department of
Labor at Springfield.
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| The public body except for the Department of Transportation | 23 |
| with
respect to highway contracts shall within 30 days after | 24 |
| filing with the
Secretary of State, or the Department of Labor | 25 |
| shall within 30 days
after filing with such public body, | 26 |
| publish in a newspaper of general
circulation within the area |
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| that the determination is effective, a
notice of its | 2 |
| determination and shall promptly mail a copy of its
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| determination to any employer, and to any association of | 4 |
| employers and
to any person or association of employees who | 5 |
| have filed their names and
addresses, requesting copies of any | 6 |
| determination stating the particular
rates and the particular | 7 |
| class of workers whose wages will be affected
by such rates.
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| At any time within 30 days after the Department of Labor | 9 |
| has published
on its official web site a prevailing wage | 10 |
| schedule, any person affected
thereby may object in writing to | 11 |
| the determination or such part thereof
as they may deem | 12 |
| objectionable by filing a written notice with the
public body | 13 |
| or Department of Labor, whichever has made such
determination, | 14 |
| stating the specified grounds of the objection. It shall
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| thereafter be the duty of the public body or Department of | 16 |
| Labor to set
a date for a hearing on the objection after giving | 17 |
| written notice to the
objectors at least 10 days before the | 18 |
| date of the hearing and said
notice shall state the time and | 19 |
| place of such hearing. Such hearing by a
public body shall be | 20 |
| held within 45 days after the objection is filed,
and shall not | 21 |
| be postponed or reset for a later date except upon the
consent, | 22 |
| in writing, of all the objectors and the public body. If such
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| hearing is not held by the public body within the time herein | 24 |
| specified,
the Department of Labor may, upon request of the | 25 |
| objectors, conduct the
hearing on behalf of the public body.
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| The public body or Department of Labor, whichever has made |
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| such
determination, is authorized in its discretion to hear | 2 |
| each timely filed written
objection . Two or more hearings under | 3 |
| this Section on the issue of establishing a new prevailing wage | 4 |
| classification for a particular craft or type of worker shall | 5 |
| be consolidated in a single hearing before the Department. Such | 6 |
| consolidation shall occur whether each separate hearing is | 7 |
| conducted by a public body or the Department. The party | 8 |
| requesting a consolidated hearing shall have the burden of | 9 |
| establishing that there is no existing prevailing wage | 10 |
| classification for the particular craft or type of worker in | 11 |
| any of the localities under consideration
filed separately or | 12 |
| consolidate for hearing any one or more
written objections | 13 |
| filed with them . At such hearing the public body or
Department | 14 |
| of Labor shall introduce in evidence the investigation it
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| instituted which formed the basis of its determination, and the | 16 |
| public
body or Department of Labor, or any interested objectors | 17 |
| may thereafter
introduce such evidence as is material to the | 18 |
| issue. Thereafter, the
public body or Department of Labor, must | 19 |
| rule upon the written objection
and make such final | 20 |
| determination as it believes the evidence warrants,
and | 21 |
| promptly file a certified copy of its final determination with | 22 |
| such
public body and the Secretary of State, and serve a copy | 23 |
| by personal
service or registered mail on all parties to the | 24 |
| proceedings. The final
determination by the Department of Labor | 25 |
| or a public body shall be rendered
within 30 days after the | 26 |
| conclusion of the hearing.
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| If proceedings to review judicially the final | 2 |
| determination of the
public body or Department of Labor are not | 3 |
| instituted as hereafter
provided, such determination shall be | 4 |
| final and binding.
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| The provisions of the Administrative Review Law, and all | 6 |
| amendments
and modifications thereof, and the rules
adopted | 7 |
| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of any | 9 |
| public body
or the Department of Labor hereunder. The term | 10 |
| "administrative decision"
is defined as in Section 3-101 of the | 11 |
| Code of Civil Procedure.
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| Appeals from all final orders and judgments entered by the | 13 |
| court in
review of the final administrative decision of the | 14 |
| public body or
Department of Labor, may be taken by any party | 15 |
| to the action.
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| Any proceeding in any court affecting a determination of | 17 |
| the
Department of Labor or public body shall have priority in | 18 |
| hearing and
determination over all other civil proceedings | 19 |
| pending in said court,
except election contests.
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| In all reviews or appeals under this Act, it shall be the | 21 |
| duty of the
Attorney General to represent the Department of | 22 |
| Labor, and defend its
determination. The Attorney General shall | 23 |
| not represent any public body,
except the State, in any such | 24 |
| review or appeal.
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| (Source: P.A. 93-38, eff. 6-1-04 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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