Full Text of SB0043 96th General Assembly
SB0043 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0043
Introduced 1/30/2009, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Prevailing Wage Act. Provides that "public works" includes all projects located in an enterprise zone as defined in the Illinois Enterprise Zone Act or located in an economic development project area as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, but does not include projects at an owner-occupied single family residence or owner-occupied multi-family residence located in an enterprise zone or economic development project area. Provides that all contractors and subcontractors required to pay the prevailing wage under the Act shall make payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of tools, or any other thing of any kind or description. Provides that the Department of Labor shall make revised prevailing wage rates available on its official website and such posting on the website shall be deemed notice to the contractor or subcontractor of the revised rate. Provides that the contractor or subcontractor shall be responsible to pay the revised rate. Provides that in lieu of posting the prevailing wage rates on the project site of the public works, a contractor which has a business location where laborers, workers and mechanics regularly visit may: (1) post in a conspicuous location at that business the current prevailing wage rates for each county in which the contractor is performing work; or (2) provide such laborer, worker or mechanic engaged on the public works project a written notice indicating the prevailing wage rates for the public works project. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB0043 |
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LRB096 03898 RLC 13933 b |
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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 2, 3, 4, 6, 9, 11, and 11b as follows:
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| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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| Sec. 2. Applicability; definitions. This Act applies to the | 8 |
| wages of laborers, mechanics and
other workers employed in any | 9 |
| public works, as hereinafter defined, by
any public body and to | 10 |
| anyone under contracts for public works. This includes any | 11 |
| maintenance, repair, assembly, or disassembly work performed | 12 |
| on equipment whether owned, leased, or rented.
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| As used in this Act, unless the context indicates | 14 |
| otherwise:
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| "Public works" means all fixed works constructed by
any | 16 |
| public body, other than work done directly by any public | 17 |
| utility
company, whether or not done under public supervision | 18 |
| or direction,
or paid for wholly or in part out of public | 19 |
| funds. "Public works" as
defined herein includes all projects | 20 |
| financed in whole
or in part with bonds issued under the | 21 |
| Industrial Project Revenue Bond
Act (Article 11, Division 74 of | 22 |
| the Illinois Municipal Code), the Industrial
Building Revenue | 23 |
| Bond Act, the Illinois Finance Authority Act,
the Illinois |
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LRB096 03898 RLC 13933 b |
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| Sports Facilities Authority Act, or the Build Illinois Bond | 2 |
| Act,
and all projects financed in whole or in part with loans | 3 |
| or other funds made
available pursuant to the Build Illinois | 4 |
| Act. "Public works" also includes
all projects financed in | 5 |
| whole or in part with funds from the Fund for
Illinois' Future | 6 |
| under Section 6z-47 of the State Finance Act, funds for school
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| construction under Section 5 of the General Obligation Bond | 8 |
| 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, and funds
for | 11 |
| transportation purposes under Section 4 of the General | 12 |
| Obligation Bond
Act. "Public works" also includes all projects | 13 |
| financed in whole or in part
with funds from the Department of | 14 |
| Commerce and Economic Opportunity under the Illinois Renewable | 15 |
| Fuels Development Program
Act for which there is no project | 16 |
| labor agreement. "Public works" also includes all projects at | 17 |
| leased facility property used for airport purposes under | 18 |
| Section 35 of the Local Government Facility Lease Act and all | 19 |
| projects located in an enterprise zone as defined in the | 20 |
| Illinois Enterprise Zone Act or located in an economic | 21 |
| development project area as defined in the Economic Development | 22 |
| Project Area Tax Increment Allocation Act of 1995, but does not | 23 |
| include projects at an owner-occupied single family residence | 24 |
| or owner-occupied multi-family residence located in an | 25 |
| enterprise zone or economic development project area .
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| "Construction" means all work on public works involving |
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LRB096 03898 RLC 13933 b |
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| laborers,
workers or mechanics. This includes any maintenance, | 2 |
| repair, assembly, or disassembly work performed on equipment | 3 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 5 |
| public works
is performed, except (1) that if there is not | 6 |
| available in the county a
sufficient number of competent | 7 |
| skilled laborers, workers and mechanics
to construct the public | 8 |
| works efficiently and properly, "locality"
includes any other | 9 |
| county nearest the one in which the work or
construction is to | 10 |
| be performed and from which such persons may be
obtained in | 11 |
| sufficient numbers to perform the work and (2) that, with
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| respect to contracts for highway work with the Department of
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| Transportation of this State, "locality" may at the discretion | 14 |
| of the
Secretary of the Department of Transportation be | 15 |
| construed to include
two or more adjacent counties from which | 16 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 18 |
| commission of
the State or any political subdivision or | 19 |
| department thereof, or any
institution supported in whole or in | 20 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 22 |
| reclamation
improvement or other district and every other | 23 |
| political subdivision,
district or municipality of the state | 24 |
| whether such political
subdivision, municipality or district | 25 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", |
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LRB096 03898 RLC 13933 b |
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| "general
prevailing rate of wages" or "prevailing rate of | 2 |
| wages" when used in
this Act mean the hourly cash wages plus | 3 |
| fringe benefits for training and
apprenticeship programs | 4 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 6 |
| vacations and
pensions paid generally, in the
locality in which | 7 |
| the work is being performed, to employees engaged in
work of a | 8 |
| similar character on public works. | 9 |
| "Contractor" or "subcontractor" means any person or entity | 10 |
| who undertakes to, offers to undertake to, purports to have the | 11 |
| capacity to undertake to, submits a bid to, or does himself or | 12 |
| herself or by or through others, engage in public works.
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| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
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| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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| Sec. 3. Requirements to pay prevailing wage. Not less than | 16 |
| the general prevailing rate of hourly wages for
work of a | 17 |
| similar character on public works in the locality in which the
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| work is performed, and not less than the general prevailing | 19 |
| rate of
hourly wages for legal holiday and overtime work, shall | 20 |
| be paid to all
laborers, workers and mechanics employed by or | 21 |
| on behalf of any public
body engaged in the construction of | 22 |
| public works.
This includes any maintenance, repair, assembly, | 23 |
| or disassembly work performed on equipment whether owned, | 24 |
| leased, or rented. Laborers Only such laborers , workers , and | 25 |
| mechanics as are
directly employed by contractors or |
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| subcontractors in actual
construction work on the site of the | 2 |
| building or construction job shall be deemed to be employed | 3 |
| upon public works. Laborers , and
laborers, workers , and | 4 |
| mechanics engaged in the transportation of
materials and | 5 |
| equipment to or from the site, but not including the
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| transportation by the sellers and suppliers or the manufacture | 7 |
| or
processing of materials or equipment, in the execution of | 8 |
| any contract
or contracts for public works with any public body | 9 |
| shall also be deemed to be
employed upon public works. The wage | 10 |
| for a tradesman performing maintenance
is equivalent to that of | 11 |
| a tradesman engaged in construction. All contractors and | 12 |
| subcontractors required to pay the prevailing wage under this | 13 |
| Act shall make payment of such wages in legal tender, without | 14 |
| any deduction for food, sleeping accommodations, | 15 |
| transportation, use of tools, or any other thing of any kind or | 16 |
| description.
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| (Source: P.A. 95-341, eff. 8-21-07.)
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| Sec. 4. Ascertaining prevailing wage; compliance. | 20 |
| (a) The public body awarding any contract for public works | 21 |
| work or
otherwise undertaking any public works, shall ascertain | 22 |
| the general
prevailing rate of hourly wages in the locality in | 23 |
| which the work is to
be performed, for each craft or type of | 24 |
| worker or mechanic needed to
execute the contract, and where | 25 |
| the public body performs the work
without letting a contract |
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LRB096 03898 RLC 13933 b |
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| therefor, shall ascertain the prevailing rate
of wages on a per | 2 |
| hour basis in the locality . Such , and such public body shall
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| specify in the resolution or ordinance and in the call for bids | 4 |
| for the
contract, that the general prevailing rate of wages in | 5 |
| the locality for
each craft or type of worker or mechanic | 6 |
| needed to execute the contract
or perform such work, also the | 7 |
| general prevailing rate for legal holiday
and overtime work, as | 8 |
| ascertained by the public body or by the
Department of Labor | 9 |
| shall be paid for each craft or type of worker
needed to | 10 |
| execute the contract or to perform such work . , and it | 11 |
| (a-1) It shall be
mandatory upon the contractor to whom the | 12 |
| contract is awarded and upon
any subcontractor under him, and | 13 |
| where the public body performs the
work, upon the public body, | 14 |
| to pay not less than the specified rates to
all laborers, | 15 |
| workers and mechanics employed by them in the execution of
the | 16 |
| contract or such work; provided, however, that if the public | 17 |
| body
desires that the Department of Labor ascertain the | 18 |
| prevailing rate of
wages, it shall notify the Department of | 19 |
| Labor to ascertain the general
prevailing rate of hourly wages | 20 |
| for work under contract, or for work
performed by a public body | 21 |
| without letting a contract as required in the
locality in which | 22 |
| the work is to be performed, for each craft or type of
worker | 23 |
| or mechanic needed to execute the contract or project or work | 24 |
| to
be performed. Upon such notification the Department of Labor | 25 |
| shall
ascertain such general prevailing rate of wages, and | 26 |
| certify the
prevailing wage to such public body. |
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LRB096 03898 RLC 13933 b |
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| (a-2) The public body or other entity awarding the
contract | 2 |
| shall cause to be inserted in the project specifications and | 3 |
| the
contract a stipulation to the
effect that not less than the | 4 |
| prevailing rate of wages as found by the
public body or | 5 |
| Department of Labor or determined by the court on review
shall | 6 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract.
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| (a-3) When a public body or other entity covered by this | 9 |
| Act has awarded work to a contractor without a public bid, | 10 |
| contract or project specification, such public body or other | 11 |
| entity shall comply with subsection (a-2) by providing the | 12 |
| contractor with written notice on the purchase order related to | 13 |
| the work to be done or on a separate document indicating that | 14 |
| not less than the prevailing rate of wages as found by the | 15 |
| public body or Department of Labor or determined by the court | 16 |
| on review shall be paid to all laborers, workers, and mechanics | 17 |
| performing work on the project. | 18 |
| (a-4) Where a complaint is made and the Department of Labor | 19 |
| determines that a violation occurred, the Department of Labor | 20 |
| shall determine if proper written notice under this Section 4 | 21 |
| was given. If proper written notice was not provided to the | 22 |
| contractor by the public body or other entity, the Department | 23 |
| of Labor shall order the public body or other entity to pay any | 24 |
| interest, penalties or fines that would have been owed by the | 25 |
| contractor if proper written notice were provided. The failure | 26 |
| by a public body or other entity to provide written notice does |
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LRB096 03898 RLC 13933 b |
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| not relieve the contractor of the duty to comply with the | 2 |
| prevailing wage rate, nor of the obligation to pay any back | 3 |
| wages, as determined under this Act. For the purposes of this | 4 |
| subsection, back wages shall be limited to the difference | 5 |
| between the actual amount paid and the prevailing rate of wages | 6 |
| required to be paid for the project. The failure of a public | 7 |
| body or other entity to provide written notice under this | 8 |
| Section 4 does not diminish the right of a laborer, worker, or | 9 |
| mechanic to the prevailing rate of wages as determined under | 10 |
| this Act. | 11 |
| (b) It shall also be mandatory upon the contractor to whom | 12 |
| the contract is
awarded
to insert into each subcontract and | 13 |
| into the project specifications for each
subcontract a written | 14 |
| 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 | 16 |
| mechanics performing
work under the contract. It shall also be | 17 |
| mandatory upon each subcontractor to
cause to be inserted into | 18 |
| each lower tiered subcontract
and into the project | 19 |
| specifications for each lower tiered subcontract a
stipulation | 20 |
| to the effect that not less
than the prevailing rate of wages | 21 |
| shall be paid to all laborers, workers, and
mechanics | 22 |
| performing work under the contract. A contractor or | 23 |
| subcontractor who
fails to comply with this subsection (b) is | 24 |
| in violation of this Act.
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| (b-1) When a contractor has awarded work to a subcontractor | 26 |
| without a contract or contract specification, the contractor |
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LRB096 03898 RLC 13933 b |
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| shall comply with subsection (b) by providing a subcontractor | 2 |
| with a written statement indicating that not less than the | 3 |
| prevailing rate of wages shall be paid to all laborers, | 4 |
| workers, and mechanics performing work on the project. A | 5 |
| contractor or subcontractor who fails to comply with this | 6 |
| subsection (b-1) is in violation of this Act. | 7 |
| (b-2) Where a complaint is made and the Department of Labor | 8 |
| determines that a violation has occurred, the Department of | 9 |
| Labor shall determine if proper written notice under this | 10 |
| Section 4 was given. If proper written notice was not provided | 11 |
| to the subcontractor by the contractor, the Department of Labor | 12 |
| shall order the contractor to pay any interest, penalties, or | 13 |
| fines that would have been owed by the subcontractor if proper | 14 |
| written notice were provided. The failure by a contractor to | 15 |
| provide written notice to a subcontractor does not relieve the | 16 |
| subcontractor of the duty to comply with the prevailing wage | 17 |
| rate, nor of the obligation to pay any back wages, as | 18 |
| determined under this Act. For the purposes of this subsection, | 19 |
| back wages shall be limited to the difference between the | 20 |
| actual amount paid and the prevailing rate of wages required | 21 |
| for the project. However, if proper written notice was not | 22 |
| provided to the contractor by the public body or other entity | 23 |
| under this Section 4, the Department of Labor shall order the | 24 |
| public body or other entity to pay any interest, penalties, or | 25 |
| fines that would have been owed by the subcontractor if proper | 26 |
| 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 | 2 |
| subcontractor of the duty to comply with the prevailing wage | 3 |
| rate, nor of the obligation to pay any back wages, as | 4 |
| determined under this Act. For the purposes of this subsection, | 5 |
| back wages shall be limited to the difference between the | 6 |
| actual amount paid and the prevailing rate of wages required | 7 |
| for the project. The failure to provide written notice by a | 8 |
| public body, other entity, or contractor does not diminish the | 9 |
| right of a laborer, worker, or mechanic to the prevailing rate | 10 |
| of wages as determined under this Act. | 11 |
| (c) A public body or other entity It shall also require in | 12 |
| all contractor's and subcontractor's such contractor's bonds
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| that the contractor or subcontractor include such provision as | 14 |
| will guarantee the
faithful performance of such prevailing wage | 15 |
| clause as provided by
contract or other written instrument . All | 16 |
| bid specifications shall list the specified rates to all
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| laborers, workers and mechanics in the locality for each craft | 18 |
| 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 | 20 |
| of hourly wages to be paid by the public body, the
revised rate | 21 |
| shall apply to such contract . The Department of Labor shall | 22 |
| make the revised rate available on its official website and | 23 |
| such posting on the website shall be deemed notice to the | 24 |
| contractor or subcontractor of the revised rate. The contractor | 25 |
| or subcontractor shall be responsible to pay the revised rate , | 26 |
| and the public body shall be
responsible to notify the |
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LRB096 03898 RLC 13933 b |
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| contractor and each subcontractor, of the revised
rate .
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| (e) (Blank) Two or more investigatory hearings under this | 3 |
| 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 investigatory
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| hearing is conducted by a public body or the Department. The | 8 |
| party requesting
a consolidated investigatory hearing shall | 9 |
| have the burden of establishing that
there is no existing | 10 |
| prevailing wage classification for the particular craft or
type | 11 |
| of worker in any of the localities under consideration .
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| (f) It shall be mandatory upon the contractor or | 13 |
| construction manager
to whom a contract for public works is | 14 |
| awarded to post, at a
location on the project site of the | 15 |
| public works that is
easily accessible to the workers engaged | 16 |
| on the project,
the prevailing wage rates for each craft or | 17 |
| type of worker
or mechanic needed to execute the contract or | 18 |
| project or
work to be performed. In lieu of posting on the | 19 |
| project site of the public works, a contractor which has a | 20 |
| business location where laborers, workers, and mechanics | 21 |
| regularly visit may: (1) post in a conspicuous location at that | 22 |
| business the current prevailing wage rates for each county in | 23 |
| which the contractor is performing work; or (2) provide such | 24 |
| laborer, worker, or mechanic engaged on the public works | 25 |
| project a written notice indicating the prevailing wage rates | 26 |
| for the public works project. A failure to post or provide a |
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LRB096 03898 RLC 13933 b |
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| prevailing wage
rate as required by this Section is a violation | 2 |
| of this Act. | 3 |
| (g) Beginning January 1, 2010, every public body awarding | 4 |
| any contract for a public works project or otherwise | 5 |
| undertaking any public works project shall notify the | 6 |
| Department of Labor in writing, on a form prescribed by the | 7 |
| Department of Labor, whenever a project subject to the | 8 |
| provisions of this Act is awarded or undertaken. The | 9 |
| notification mentioned herein shall be filed with the | 10 |
| Department of Labor within 30 days after such contract is | 11 |
| awarded or within 30 days before commencement of a public works | 12 |
| project, and shall include a list of all first-tier | 13 |
| subcontractors.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
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| Sec. 6. Penalties. Any officer, agent or representative of | 17 |
| any public body who
wilfully violates, or omits to comply with, | 18 |
| any of the provisions of
this Act, and any contractor or | 19 |
| subcontractor, or agent or
representative thereof, doing | 20 |
| public work as aforesaid, who wilfully violates, or omits to | 21 |
| comply with, any of the provisions of
this Act neglects to
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| keep, or cause to be kept, an accurate record of the names, | 23 |
| occupation
and actual wages paid to each laborer, worker and | 24 |
| mechanic employed by
him, in connection with the public work or | 25 |
| who refuses to allow access
to same at any reasonable hour to |
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LRB096 03898 RLC 13933 b |
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| any person authorized to inspect same
under this Act, is guilty | 2 |
| of a Class A misdemeanor.
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| The Department of Labor shall inquire diligently as to any | 4 |
| violation
of this Act, shall institute actions for penalties | 5 |
| herein prescribed,
and shall enforce generally the provisions | 6 |
| of this Act. The Attorney
General shall prosecute such cases | 7 |
| upon complaint by the Department or
any interested person.
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| (Source: P.A. 94-488, eff. 1-1-06.)
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| (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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| Sec. 9. Duties of the Department of Labor and public | 11 |
| bodies. To effectuate the purpose and policy of this Act each | 12 |
| public
body shall, during the month of June of each calendar | 13 |
| year, investigate
and ascertain the prevailing rate of wages as | 14 |
| defined in this Act and
publicly post or keep available for | 15 |
| inspection by any interested party
in the main office of such | 16 |
| public body its determination of such
prevailing rate of wage | 17 |
| and shall promptly file, no later than July 15 of
each year, a | 18 |
| certified copy thereof
in the office of the Secretary of State | 19 |
| at Springfield and the office of the
Illinois Department of | 20 |
| Labor.
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| 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 wages | 25 |
| during the month of June as required by the previous paragraph,
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LRB096 03898 RLC 13933 b |
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| then the prevailing rate of wages for that public body shall be | 2 |
| the rate
as determined by the Department under this paragraph | 3 |
| for the county in which
such public body is located.
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| Where the Department of Labor ascertains the prevailing | 5 |
| rate of
wages, it is the duty of the Department of Labor within | 6 |
| 30 days after
receiving a notice from the public body | 7 |
| authorizing the proposed work,
to conduct an investigation to | 8 |
| ascertain the prevailing rate of wages as
defined in this Act | 9 |
| and such investigation shall be conducted in the
locality in | 10 |
| 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 | 13 |
| available for
inspection by any interested party in the office | 14 |
| of the Department of
Labor at Springfield.
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| The public body except for the Department of Transportation | 16 |
| with
respect to highway contracts shall within 30 days after | 17 |
| filing with the
Secretary of State, or the Department of Labor | 18 |
| shall within 30 days
after filing with such public body, | 19 |
| publish in a newspaper of general
circulation within the area | 20 |
| that the determination is effective, a
notice of its | 21 |
| determination and shall promptly mail a copy of its
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| determination to any employer, and to any association of | 23 |
| employers and
to any person or association of employees who | 24 |
| have filed their names and
addresses, requesting copies of any | 25 |
| determination stating the particular
rates and the particular | 26 |
| class of workers whose wages will be affected
by such rates.
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LRB096 03898 RLC 13933 b |
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| At any time within 30 days after the Department of Labor | 2 |
| has published
on its official web site a prevailing wage | 3 |
| schedule, any person affected
thereby may object in writing to | 4 |
| the determination or such part thereof
as they may deem | 5 |
| objectionable by filing a written notice with the
public body | 6 |
| or Department of Labor, whichever has made such
determination, | 7 |
| stating the specified grounds of the objection. It shall
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| thereafter be the duty of the public body or Department of | 9 |
| Labor to set
a date for a hearing on the objection after giving | 10 |
| written notice to the
objectors at least 10 days before the | 11 |
| date of the hearing and said
notice shall state the time and | 12 |
| place of such hearing. Such hearing by a
public body shall be | 13 |
| held within 45 days after the objection is filed,
and shall not | 14 |
| be postponed or reset for a later date except upon the
consent, | 15 |
| 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 | 17 |
| specified,
the Department of Labor may, upon request of the | 18 |
| objectors, conduct the
hearing on behalf of the public body.
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| The public body or Department of Labor, whichever has made | 20 |
| such
determination, is authorized in its discretion to hear | 21 |
| each timely filed written
objection . Two or more hearings under | 22 |
| this Section on the issue of establishing a new prevailing wage | 23 |
| classification for a particular craft or type of worker shall | 24 |
| be consolidated in a single hearing before the Department. Such | 25 |
| consolidation shall occur whether each separate hearing is | 26 |
| conducted by a public body or the Department. The party |
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| requesting a consolidated hearing shall have the burden of | 2 |
| establishing that there is no existing prevailing wage | 3 |
| classification for the particular craft or type of worker in | 4 |
| any of the localities under consideration filed separately or | 5 |
| consolidate for hearing any one or more
written objections | 6 |
| filed with them . At any such hearing the public body or
| 7 |
| Department of Labor shall introduce in evidence the | 8 |
| investigation it
instituted which formed the basis of its | 9 |
| determination, and the public
body or Department of Labor, or | 10 |
| any interested objectors may thereafter
introduce such | 11 |
| evidence as is material to the issue. Thereafter, the
public | 12 |
| body or Department of Labor, must rule upon the written | 13 |
| objection
and make such final determination as it believes the | 14 |
| evidence warrants,
and promptly file a certified copy of its | 15 |
| final determination with such
public body and the Secretary of | 16 |
| State, and serve a copy by personal
service or registered mail | 17 |
| on all parties to the proceedings. The final
determination by | 18 |
| the Department of Labor or a public body shall be rendered
| 19 |
| within 30 days after the conclusion of the hearing.
| 20 |
| If proceedings to review judicially the final | 21 |
| determination of the
public body or Department of Labor are not | 22 |
| instituted as hereafter
provided, such determination shall be | 23 |
| final and binding.
| 24 |
| The provisions of the Administrative Review Law, and all | 25 |
| amendments
and modifications thereof, and the rules
adopted | 26 |
| pursuant thereto, shall apply to and govern all proceedings for
|
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| the judicial review of final administrative decisions of any | 2 |
| public body
or the Department of Labor hereunder. The term | 3 |
| "administrative decision"
is defined as in Section 3-101 of the | 4 |
| Code of Civil Procedure.
| 5 |
| Appeals from all final orders and judgments entered by the | 6 |
| court in
review of the final administrative decision of the | 7 |
| public body or
Department of Labor, may be taken by any party | 8 |
| to the action.
| 9 |
| Any proceeding in any court affecting a determination of | 10 |
| the
Department of Labor or public body shall have priority in | 11 |
| hearing and
determination over all other civil proceedings | 12 |
| pending in said court,
except election contests.
| 13 |
| In all reviews or appeals under this Act, it shall be the | 14 |
| duty of the
Attorney General to represent the Department of | 15 |
| Labor, and defend its
determination. The Attorney General shall | 16 |
| not represent any public body,
except the State, in any such | 17 |
| review or appeal.
| 18 |
| (Source: P.A. 93-38, eff. 6-1-04 .)
| 19 |
| (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
| 20 |
| Sec. 11. Failure to comply; civil remedies. | 21 |
| (a) No public works project shall be instituted unless the
| 22 |
| provisions of this Act have been complied with. The provisions | 23 |
| of this
Act shall not be applicable to Federal construction | 24 |
| projects which
require a prevailing wage determination by the | 25 |
| United States Secretary
of Labor. The Illinois Department of |
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| Labor represented by the Attorney
General is empowered to sue | 2 |
| for injunctive relief against the awarding of
any contract or | 3 |
| the continuation of work under any contract for public works
at | 4 |
| a time when the prevailing wage prerequisites have not been | 5 |
| met. Any
contract for public works awarded at a time when the | 6 |
| prevailing wage prerequisites
had not been met shall be void as | 7 |
| against public policy and the contractor
is prohibited from | 8 |
| recovering any damages
for the voiding of the contract or | 9 |
| pursuant to the terms of the contract.
The contractor is | 10 |
| limited to a claim for amounts actually paid for labor
and | 11 |
| materials supplied to the public body. Where objections to a | 12 |
| determination
of the prevailing rate of
wages or a court action | 13 |
| relative thereto is pending, the public body
shall not continue | 14 |
| work on the project unless sufficient funds are
available to | 15 |
| pay increased wages if such are finally determined or
unless | 16 |
| the Department of Labor certifies such determination of the
| 17 |
| prevailing rate of wages as correct.
| 18 |
| Any laborer, worker or mechanic employed by the contractor | 19 |
| or by any sub-contractor
under him who is paid for his services | 20 |
| in a sum less than the stipulated
rates for work done under | 21 |
| such contract, shall
have a right of action for whatever | 22 |
| difference there may be between the
amount so paid, and the | 23 |
| prevailing rate of wages required to be paid on the public | 24 |
| works project rates provided by the contract together with
| 25 |
| costs and such reasonable attorney's fees as
shall be allowed | 26 |
| by the court. Such contractor or subcontractor shall also
be |
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| liable to the
Department of Labor for
20% of
such underpayments | 2 |
| and shall be additionally liable to the laborer, worker
or | 3 |
| mechanic for punitive damages in the amount of
2% of the amount | 4 |
| of any
such penalty to the
State for underpayments for each | 5 |
| month following the date of payment during
which such | 6 |
| underpayments
remain unpaid. Where a second or subsequent | 7 |
| action to recover underpayments is brought against a contractor | 8 |
| or subcontractor and the contractor or subcontractor is found | 9 |
| liable for underpayments to any laborer, worker, or mechanic, | 10 |
| the contractor or subcontractor shall also be liable to the | 11 |
| Department of Labor for 50% of the underpayments payable as a | 12 |
| result of the second or subsequent action, and shall be | 13 |
| additionally liable to the laborer, worker, or mechanic for | 14 |
| punitive damages in the amount of for 5% of the amount of any | 15 |
| such penalty to the State for underpayments for each month | 16 |
| following the date of payment during which the underpayments | 17 |
| remain unpaid. The Department shall also have a right of action | 18 |
| on behalf
of any individual who has a right of action under | 19 |
| this Section. An action brought
to recover same shall be deemed | 20 |
| to be a suit for wages, and any and all
judgments entered | 21 |
| therein shall have the same force and effect as other
judgments | 22 |
| for wages.
At the request of any laborer, workman or mechanic
| 23 |
| employed by the contractor or by any subcontractor under him | 24 |
| who is paid
less than the prevailing wage rate required by this | 25 |
| Act, the Department
of Labor may take an assignment of such | 26 |
| wage claim in trust for the assigning
laborer, workman or |
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| mechanic and may bring any legal action necessary to
collect | 2 |
| such claim, and the contractor or subcontractor shall be | 3 |
| required
to pay the costs incurred in collecting such claim. | 4 |
| (b) The Director of the Department of Labor shall publish | 5 |
| in the Illinois Register no less often than once each calendar | 6 |
| quarter a list of contractors or subcontractors found to have | 7 |
| disregarded their obligations to employees under this Act. The | 8 |
| Department of Labor shall determine the contractors or | 9 |
| subcontractors who, on 2 separate occasions within 5 years, | 10 |
| have been determined to have violated the provisions of this | 11 |
| Act. Upon such determinations the Department shall notify the | 12 |
| violating contractor or subcontractor. Such contractor or | 13 |
| subcontractor shall then have 10 working days to request a | 14 |
| hearing by the Department on the alleged violations. Failure to | 15 |
| respond within the 10-working-day period shall result in | 16 |
| automatic and immediate placement and publication on the list. | 17 |
| If the contractor or subcontractor requests a hearing within | 18 |
| the 10-working-day period, the Director shall set a hearing on | 19 |
| the alleged violations. Such hearing shall take place no later | 20 |
| than 45 calendar days after the receipt by the Department of | 21 |
| Labor of the request for a hearing. The Department of Labor is | 22 |
| empowered to promulgate, adopt, amend, and rescind rules and | 23 |
| regulations to govern the hearing procedure. No contract shall | 24 |
| be awarded to a contractor or subcontractor appearing on the | 25 |
| list, or to any firm, corporation, partnership, or association | 26 |
| in which such contractor or subcontractor has an interest, |
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| until 4 years have elapsed from the date of publication of the | 2 |
| list containing the name of such contractor or subcontractor.
| 3 |
| (Source: P.A. 94-488, eff. 1-1-06.)
| 4 |
| (820 ILCS 130/11b)
| 5 |
| Sec. 11b. Discharge or discipline of "whistle blowers" | 6 |
| prohibited.
| 7 |
| (a) No person shall discharge, discipline, or in any other | 8 |
| way discriminate
against, or cause to be discharged, | 9 |
| disciplined, or discriminated against, any
employee or
any
| 10 |
| authorized representative of employees by reason of the fact | 11 |
| that the employee
or representative has filed, instituted, or | 12 |
| caused to be filed or instituted
any proceeding under this Act, | 13 |
| or has testified or is about to testify
in any proceeding | 14 |
| resulting from the administration or enforcement of
this Act, | 15 |
| or offers any evidence of any violation of this Act.
| 16 |
| (b) Any employee or a representative of employees who | 17 |
| believes that he has
been discharged, disciplined, or otherwise | 18 |
| discriminated against by any person
in violation
of subsection | 19 |
| (a) of this Section may, within 60 30 days after the alleged
| 20 |
| violation occurs, apply to the Director of Labor for a
review | 21 |
| of the discharge, discipline, or alleged discrimination. A copy | 22 |
| of the
application
shall be sent to the person who allegedly | 23 |
| committed the violation, who
shall be the respondent. Upon | 24 |
| receipt of
an application, the Director
shall cause such | 25 |
| investigation to be made as he or she deems appropriate.
The |
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| investigation shall provide an opportunity for a public hearing | 2 |
| at
the request of any party to the review to enable the parties | 3 |
| to present
information relating to the alleged violation. The | 4 |
| parties shall be given
written notice of the time and place of | 5 |
| the hearing at least 30 5 days before
the hearing. Upon | 6 |
| receiving the report of the investigation, the Director
shall | 7 |
| make findings of fact. If the Director finds that a violation | 8 |
| did occur,
he or she shall issue a decision incorporating his | 9 |
| or her
findings and
requiring the party committing the | 10 |
| violation to take such affirmative action
to abate the | 11 |
| violation as the Director deems appropriate, including, but
not | 12 |
| limited to, the rehiring or reinstatement of the employee or | 13 |
| representative
of employees to his or her former position and | 14 |
| compensating him or her for the
time he or she was unemployed. | 15 |
| The party committing the violation shall also be liable to the | 16 |
| Department of Labor for a penalty of $5,000 for each violation | 17 |
| of this Section. If the Director finds that there was no
| 18 |
| violation, he
or she
shall issue an order denying the | 19 |
| application. An order issued by the
Director under this Section | 20 |
| shall be subject to
judicial review under the Administrative | 21 |
| Review Law.
| 22 |
| (c) The Director shall adopt rules implementing this | 23 |
| Section in
accordance
with the Illinois Administrative | 24 |
| Procedure Act.
| 25 |
| (Source: P.A. 94-488, eff. 1-1-06.)
|
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LRB096 03898 RLC 13933 b |
|
| 1 |
| (820 ILCS 130/11a rep.)
| 2 |
| Section 10. The Prevailing Wage Act is amended by repealing | 3 |
| Section 11a.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 820 ILCS 130/2 |
from Ch. 48, par. 39s-2 |
| 4 |
| 820 ILCS 130/3 |
from Ch. 48, par. 39s-3 |
| 5 |
| 820 ILCS 130/4 |
from Ch. 48, par. 39s-4 |
| 6 |
| 820 ILCS 130/6 |
from Ch. 48, par. 39s-6 |
| 7 |
| 820 ILCS 130/9 |
from Ch. 48, par. 39s-9 |
| 8 |
| 820 ILCS 130/11 |
from Ch. 48, par. 39s-11 |
| 9 |
| 820 ILCS 130/11b |
|
| 10 |
| 820 ILCS 130/11a rep. |
|
| |
|