Full Text of SB0043 96th General Assembly
SB0043eng 96TH 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 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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| 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 . Public | 19 |
| works" also includes (1) all projects located in an enterprise | 20 |
| zone as defined in the Illinois Enterprise Zone Act, excepting | 21 |
| projects performed by a business enterprise located in an | 22 |
| enterprise zone where that business enterprise existed prior to | 23 |
| the adoption of an initiating ordinance pursuant to subsection | 24 |
| (a) of Section 5 of the Illinois Enterprise Zone Act, or | 25 |
| projects located in an economic development project area as | 26 |
| defined in the Economic Development Project Area Tax Increment |
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| Allocation Act of 1995, excepting projects performed by a | 2 |
| business enterprise located in an economic development project | 3 |
| area where that business enterprise existed prior to a | 4 |
| municipality initiating an economic development plan as | 5 |
| defined in the Economic Development Project Area Tax Increment | 6 |
| Allocation Act of 1995, or (2) regardless of the exceptions | 7 |
| contained in clause (1), any project that will derive a | 8 |
| financial benefit, in whole or in part, from loans, grants, | 9 |
| subsidies, incentives, or other financial benefit made | 10 |
| available pursuant to the Illinois Enterprise Zone Act or the | 11 |
| Economic Development Project Area. Provided however, "public | 12 |
| works" shall not include projects at an owner-occupied single | 13 |
| family residence, excepting single-family tract housing, or at | 14 |
| an owner-occupied multi-family residence with 6 or fewer units | 15 |
| located in an enterprise zone or an economic development | 16 |
| project area .
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| "Construction" means all work on public works involving | 18 |
| laborers,
workers or mechanics. This includes any maintenance, | 19 |
| repair, assembly, or disassembly work performed on equipment | 20 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 22 |
| public works
is performed, except (1) that if there is not | 23 |
| available in the county a
sufficient number of competent | 24 |
| skilled laborers, workers and mechanics
to construct the public | 25 |
| works efficiently and properly, "locality"
includes any other | 26 |
| county nearest the one in which the work or
construction is to |
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| be performed and from which such persons may be
obtained in | 2 |
| 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 | 5 |
| of the
Secretary of the Department of Transportation be | 6 |
| construed to include
two or more adjacent counties from which | 7 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 9 |
| commission of
the State or any political subdivision or | 10 |
| department thereof, or any
institution supported in whole or in | 11 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 13 |
| reclamation
improvement or other district and every other | 14 |
| political subdivision,
district or municipality of the state | 15 |
| whether such political
subdivision, municipality or district | 16 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 18 |
| "general
prevailing rate of wages" or "prevailing rate of | 19 |
| wages" when used in
this Act mean the hourly cash wages plus | 20 |
| fringe benefits for training and
apprenticeship programs | 21 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 23 |
| vacations and
pensions paid generally, in the
locality in which | 24 |
| the work is being performed, to employees engaged in
work of a | 25 |
| similar character on public works. | 26 |
| "Contractor" or "subcontractor" means any person or entity |
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| who undertakes to, offers to undertake to, purports to have the | 2 |
| capacity to undertake to, submits a bid to, or does himself or | 3 |
| 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 | 7 |
| the general prevailing rate of hourly wages for
work of a | 8 |
| 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 | 10 |
| rate of
hourly wages for legal holiday and overtime work, shall | 11 |
| be paid to all
laborers, workers and mechanics employed by or | 12 |
| on behalf of any public
body engaged in the construction of | 13 |
| public works.
This includes any maintenance, repair, assembly, | 14 |
| or disassembly work performed on equipment whether owned, | 15 |
| leased, or rented. Laborers Only such laborers , workers , and | 16 |
| mechanics as are
directly employed by contractors or | 17 |
| subcontractors in actual
construction work on the site of the | 18 |
| building or construction job shall be deemed to be employed | 19 |
| upon public works. Laborers , and
laborers, workers , and | 20 |
| mechanics engaged in the transportation of
materials and | 21 |
| equipment to or from the site, but not including the
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| transportation by the sellers and suppliers or the manufacture | 23 |
| or
processing of materials or equipment, in the execution of | 24 |
| any contract
or contracts for public works with any public body | 25 |
| shall also be deemed to be
employed upon public works. The wage |
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| for a tradesman performing maintenance
is equivalent to that of | 2 |
| a tradesman engaged in construction. All contractors and | 3 |
| subcontractors required to pay the prevailing wage under this | 4 |
| Act shall make payment of such wages in legal tender, without | 5 |
| any deduction for food, sleeping accommodations, | 6 |
| transportation, use of tools, or any other thing of any kind or | 7 |
| 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. | 11 |
| (a) The public body awarding any contract for public works | 12 |
| work or
otherwise undertaking any public works, shall ascertain | 13 |
| the general
prevailing rate of hourly wages in the locality in | 14 |
| which the work is to
be performed, for each craft or type of | 15 |
| worker or mechanic needed to
execute the contract, and where | 16 |
| the public body performs the work
without letting a contract | 17 |
| therefor, shall ascertain the prevailing rate
of wages on a per | 18 |
| 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 | 20 |
| for the
contract, that the general prevailing rate of wages in | 21 |
| the locality for
each craft or type of worker or mechanic | 22 |
| needed to execute the contract
or perform such work, also the | 23 |
| general prevailing rate for legal holiday
and overtime work, as | 24 |
| ascertained by the public body or by the
Department of Labor | 25 |
| shall be paid for each craft or type of worker
needed to |
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| execute the contract or to perform such work . , and it | 2 |
| (a-1) It shall be
mandatory upon the contractor to whom the | 3 |
| contract is awarded and upon
any subcontractor under him, and | 4 |
| where the public body performs the
work, upon the public body, | 5 |
| to pay not less than the specified rates to
all laborers, | 6 |
| workers and mechanics employed by them in the execution of
the | 7 |
| contract or such work; provided, however, that if the public | 8 |
| body
desires that the Department of Labor ascertain the | 9 |
| prevailing rate of
wages, it shall notify the Department of | 10 |
| Labor to ascertain the general
prevailing rate of hourly wages | 11 |
| for work under contract, or for work
performed by a public body | 12 |
| without letting a contract as required in the
locality in which | 13 |
| the work is to be performed, for each craft or type of
worker | 14 |
| or mechanic needed to execute the contract or project or work | 15 |
| to
be 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. | 18 |
| (a-2) The public body or other entity awarding the
contract | 19 |
| shall cause to be inserted in the project specifications and | 20 |
| the
contract a stipulation to the
effect that not less than the | 21 |
| prevailing rate of wages as found by the
public body or | 22 |
| Department of Labor or determined by the court on review
shall | 23 |
| 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 | 26 |
| Act has awarded work to a contractor without a public bid, |
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| contract or project specification, such public body or other | 2 |
| entity shall comply with subsection (a-2) by providing the | 3 |
| contractor with written notice on the purchase order related to | 4 |
| the work to be done or on a separate document indicating that | 5 |
| not less than the prevailing rate of wages as found by the | 6 |
| public body or Department of Labor or determined by the court | 7 |
| on review shall be paid to all laborers, workers, and mechanics | 8 |
| performing work on the project. | 9 |
| (a-4) Where a complaint is made and the Department of Labor | 10 |
| determines that a violation occurred, the Department of Labor | 11 |
| shall determine if proper written notice under this Section 4 | 12 |
| was given. If proper written notice was not provided to the | 13 |
| contractor by the public body or other entity, the Department | 14 |
| of Labor shall order the public body or other entity to pay any | 15 |
| interest, penalties or fines that would have been owed by the | 16 |
| contractor if proper written notice were provided. The failure | 17 |
| by a public body or other entity to provide written notice does | 18 |
| not relieve the contractor of the duty to comply with the | 19 |
| prevailing wage rate, nor of the obligation to pay any back | 20 |
| wages, as determined under this Act. For the purposes of this | 21 |
| subsection, back wages shall be limited to the difference | 22 |
| between the actual amount paid and the prevailing rate of wages | 23 |
| required to be paid for the project. The failure of a public | 24 |
| body or other entity to provide written notice under this | 25 |
| Section 4 does not diminish the right of a laborer, worker, or | 26 |
| mechanic to the prevailing rate of wages as determined under |
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LRB096 03898 RLC 13933 b |
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| this Act. | 2 |
| (b) It shall also be mandatory upon the contractor to whom | 3 |
| the contract is
awarded
to insert into each subcontract and | 4 |
| into the project specifications for each
subcontract a written | 5 |
| 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 | 7 |
| mechanics performing
work under the contract. It shall also be | 8 |
| mandatory upon each subcontractor to
cause to be inserted into | 9 |
| each lower tiered subcontract
and into the project | 10 |
| specifications for each lower tiered subcontract a
stipulation | 11 |
| to the effect that not less
than the prevailing rate of wages | 12 |
| shall be paid to all laborers, workers, and
mechanics | 13 |
| performing work under the contract. A contractor or | 14 |
| subcontractor who
fails to comply with this subsection (b) is | 15 |
| in violation of this Act.
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| (b-1) When a contractor has awarded work to a subcontractor | 17 |
| without a contract or contract specification, the contractor | 18 |
| shall comply with subsection (b) by providing a subcontractor | 19 |
| with a written statement indicating that not less than the | 20 |
| prevailing rate of wages shall be paid to all laborers, | 21 |
| workers, and mechanics performing work on the project. A | 22 |
| contractor or subcontractor who fails to comply with this | 23 |
| subsection (b-1) is in violation of this Act. | 24 |
| (b-2) Where a complaint is made and the Department of Labor | 25 |
| determines that a violation has occurred, the Department of | 26 |
| Labor shall determine if proper written notice under this |
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| Section 4 was given. If proper written notice was not provided | 2 |
| to the subcontractor by the contractor, the Department of Labor | 3 |
| shall order the contractor to pay any interest, penalties, or | 4 |
| fines that would have been owed by the subcontractor if proper | 5 |
| written notice were provided. The failure by a contractor to | 6 |
| provide written notice to a subcontractor does not relieve the | 7 |
| subcontractor of the duty to comply with the prevailing wage | 8 |
| rate, nor of the obligation to pay any back wages, as | 9 |
| determined under this Act. For the purposes of this subsection, | 10 |
| back wages shall be limited to the difference between the | 11 |
| actual amount paid and the prevailing rate of wages required | 12 |
| for the project. However, if proper written notice was not | 13 |
| provided to the contractor by the public body or other entity | 14 |
| under this Section 4, the Department of Labor shall order the | 15 |
| public body or other entity to pay any interest, penalties, or | 16 |
| fines that would have been owed by the subcontractor if proper | 17 |
| written notice were provided. The failure by a public body or | 18 |
| other entity to provide written notice does not relieve the | 19 |
| subcontractor of the duty to comply with the prevailing wage | 20 |
| rate, nor of the obligation to pay any back wages, as | 21 |
| determined under this Act. For the purposes of this subsection, | 22 |
| back wages shall be limited to the difference between the | 23 |
| actual amount paid and the prevailing rate of wages required | 24 |
| for the project. The failure to provide written notice by a | 25 |
| public body, other entity, or contractor does not diminish the | 26 |
| right of a laborer, worker, or mechanic to the prevailing rate |
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| of wages as determined under this Act. | 2 |
| (c) A public body or other entity It shall also require in | 3 |
| all contractor's and subcontractor's such contractor's bonds
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| that the contractor or subcontractor include such provision as | 5 |
| will guarantee the
faithful performance of such prevailing wage | 6 |
| clause as provided by
contract or other written instrument . All | 7 |
| bid specifications shall list the specified rates to all
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| laborers, workers and mechanics in the locality for each craft | 9 |
| 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 | 11 |
| of hourly wages to be paid by the public body, the
revised rate | 12 |
| shall apply to such contract . The Department of Labor shall | 13 |
| make the revised rate available on its official website and | 14 |
| such posting on the website shall be deemed notice to the | 15 |
| contractor or subcontractor of the revised rate. The contractor | 16 |
| or subcontractor shall be responsible to pay the revised rate , | 17 |
| and the public body shall be
responsible to notify the | 18 |
| contractor and each subcontractor, of the revised
rate .
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| (e) (Blank) Two or more investigatory hearings under this | 20 |
| Section on the issue
of establishing a new prevailing wage | 21 |
| classification for a particular craft
or type of worker shall | 22 |
| be consolidated in a single hearing before the
Department. Such | 23 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 25 |
| party requesting
a consolidated investigatory hearing shall | 26 |
| have the burden of establishing that
there is no existing |
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| prevailing wage classification for the particular craft or
type | 2 |
| of worker in any of the localities under consideration .
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| (f) It shall be mandatory upon the contractor or | 4 |
| construction manager
to whom a contract for public works is | 5 |
| awarded to post, at a
location on the project site of the | 6 |
| public works that is
easily accessible to the workers engaged | 7 |
| on the project,
the prevailing wage rates for each craft or | 8 |
| type of worker
or mechanic needed to execute the contract or | 9 |
| project or
work to be performed. In lieu of posting on the | 10 |
| project site of the public works, a contractor which has a | 11 |
| business location where laborers, workers, and mechanics | 12 |
| regularly visit may: (1) post in a conspicuous location at that | 13 |
| business the current prevailing wage rates for each county in | 14 |
| which the contractor is performing work; or (2) provide such | 15 |
| laborer, worker, or mechanic engaged on the public works | 16 |
| project a written notice indicating the prevailing wage rates | 17 |
| for the public works project. A failure to post or provide a | 18 |
| prevailing wage
rate as required by this Section is a violation | 19 |
| of this Act. | 20 |
| (g) Beginning January 1, 2010, every public body awarding | 21 |
| any contract for a public works project or otherwise | 22 |
| undertaking any public works project shall notify the | 23 |
| Department of Labor in writing, on a form prescribed by the | 24 |
| Department of Labor, whenever a project subject to the | 25 |
| provisions of this Act is awarded or undertaken. The | 26 |
| notification mentioned herein shall be filed with the |
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| Department of Labor within 30 days after such contract is | 2 |
| awarded or within 30 days before commencement of a public works | 3 |
| project, and shall include a list of all first-tier | 4 |
| 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 | 8 |
| any public body who
wilfully violates, or omits to comply with, | 9 |
| any of the provisions of
this Act, and any contractor or | 10 |
| subcontractor, or agent or
representative thereof, doing | 11 |
| public work as aforesaid, who wilfully violates, or omits to | 12 |
| 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, | 14 |
| occupation
and actual wages paid to each laborer, worker and | 15 |
| mechanic employed by
him, in connection with the public work or | 16 |
| who refuses to allow access
to same at any reasonable hour to | 17 |
| any person authorized to inspect same
under this Act, is guilty | 18 |
| of a Class A misdemeanor.
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| The Department of Labor shall inquire diligently as to any | 20 |
| violation
of this Act, shall institute actions for penalties | 21 |
| herein prescribed,
and shall enforce generally the provisions | 22 |
| of this Act. The Attorney
General shall prosecute such cases | 23 |
| 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 | 3 |
| bodies. To effectuate the purpose and policy of this Act each | 4 |
| public
body shall, during the month of June of each calendar | 5 |
| year, investigate
and ascertain the prevailing rate of wages as | 6 |
| defined in this Act and
publicly post or keep available for | 7 |
| inspection by any interested party
in the main office of such | 8 |
| public body its determination of such
prevailing rate of wage | 9 |
| and shall promptly file, no later than July 15 of
each year, a | 10 |
| certified copy thereof
in the office of the Secretary of State | 11 |
| at Springfield and the office of the
Illinois Department of | 12 |
| Labor.
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| The Department of Labor shall during the month of June of | 14 |
| each calendar
year, investigate and ascertain the prevailing | 15 |
| rate of wages for each county
in the State. If a public body | 16 |
| does not investigate and ascertain the
prevailing
rate of wages | 17 |
| 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 | 19 |
| the rate
as determined by the Department under this paragraph | 20 |
| for the county in which
such public body is located.
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| Where the Department of Labor ascertains the prevailing | 22 |
| rate of
wages, it is the duty of the Department of Labor within | 23 |
| 30 days after
receiving a notice from the public body | 24 |
| authorizing the proposed work,
to conduct an investigation to | 25 |
| ascertain the prevailing rate of wages as
defined in this Act | 26 |
| and such investigation shall be conducted in the
locality in |
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| 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 | 4 |
| available for
inspection by any interested party in the office | 5 |
| of the Department of
Labor at Springfield.
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| The public body except for the Department of Transportation | 7 |
| with
respect to highway contracts shall within 30 days after | 8 |
| filing with the
Secretary of State, or the Department of Labor | 9 |
| shall within 30 days
after filing with such public body, | 10 |
| publish in a newspaper of general
circulation within the area | 11 |
| that the determination is effective, a
notice of its | 12 |
| determination and shall promptly mail a copy of its
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| determination to any employer, and to any association of | 14 |
| employers and
to any person or association of employees who | 15 |
| have filed their names and
addresses, requesting copies of any | 16 |
| determination stating the particular
rates and the particular | 17 |
| 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 | 19 |
| has published
on its official web site a prevailing wage | 20 |
| schedule, any person affected
thereby may object in writing to | 21 |
| the determination or such part thereof
as they may deem | 22 |
| objectionable by filing a written notice with the
public body | 23 |
| or Department of Labor, whichever has made such
determination, | 24 |
| stating the specified grounds of the objection. It shall
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| thereafter be the duty of the public body or Department of | 26 |
| Labor to set
a date for a hearing on the objection after giving |
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| written notice to the
objectors at least 10 days before the | 2 |
| date of the hearing and said
notice shall state the time and | 3 |
| place of such hearing. Such hearing by a
public body shall be | 4 |
| held within 45 days after the objection is filed,
and shall not | 5 |
| be postponed or reset for a later date except upon the
consent, | 6 |
| 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 | 8 |
| specified,
the Department of Labor may, upon request of the | 9 |
| objectors, conduct the
hearing on behalf of the public body.
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| The public body or Department of Labor, whichever has made | 11 |
| such
determination, is authorized in its discretion to hear | 12 |
| each timely filed written
objection . Two or more hearings under | 13 |
| this Section on the issue of establishing a new prevailing wage | 14 |
| classification for a particular craft or type of worker shall | 15 |
| be consolidated in a single hearing before the Department. Such | 16 |
| consolidation shall occur whether each separate hearing is | 17 |
| conducted by a public body or the Department. The party | 18 |
| requesting a consolidated hearing shall have the burden of | 19 |
| establishing that there is no existing prevailing wage | 20 |
| classification for the particular craft or type of worker in | 21 |
| any of the localities under consideration filed separately or | 22 |
| consolidate for hearing any one or more
written objections | 23 |
| filed with them . At any such hearing the public body or
| 24 |
| Department of Labor shall introduce in evidence the | 25 |
| investigation it
instituted which formed the basis of its | 26 |
| determination, and the public
body or Department of Labor, or |
|
|
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| 1 |
| any interested objectors may thereafter
introduce such | 2 |
| evidence as is material to the issue. Thereafter, the
public | 3 |
| body or Department of Labor, must rule upon the written | 4 |
| objection
and make such final determination as it believes the | 5 |
| evidence warrants,
and promptly file a certified copy of its | 6 |
| final determination with such
public body and the Secretary of | 7 |
| State, and serve a copy by personal
service or registered mail | 8 |
| on all parties to the proceedings. The final
determination by | 9 |
| the Department of Labor or a public body shall be rendered
| 10 |
| within 30 days after the conclusion of the hearing.
| 11 |
| If proceedings to review judicially the final | 12 |
| determination of the
public body or Department of Labor are not | 13 |
| instituted as hereafter
provided, such determination shall be | 14 |
| final and binding.
| 15 |
| The provisions of the Administrative Review Law, and all | 16 |
| amendments
and modifications thereof, and the rules
adopted | 17 |
| pursuant thereto, shall apply to and govern all proceedings for
| 18 |
| the judicial review of final administrative decisions of any | 19 |
| public body
or the Department of Labor hereunder. The term | 20 |
| "administrative decision"
is defined as in Section 3-101 of the | 21 |
| Code of Civil Procedure.
| 22 |
| Appeals from all final orders and judgments entered by the | 23 |
| court in
review of the final administrative decision of the | 24 |
| public body or
Department of Labor, may be taken by any party | 25 |
| to the action.
| 26 |
| Any proceeding in any court affecting a determination of |
|
|
|
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| 1 |
| the
Department of Labor or public body shall have priority in | 2 |
| hearing and
determination over all other civil proceedings | 3 |
| pending in said court,
except election contests.
| 4 |
| In all reviews or appeals under this Act, it shall be the | 5 |
| duty of the
Attorney General to represent the Department of | 6 |
| Labor, and defend its
determination. The Attorney General shall | 7 |
| not represent any public body,
except the State, in any such | 8 |
| review or appeal.
| 9 |
| (Source: P.A. 93-38, eff. 6-1-04 .)
| 10 |
| (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
| 11 |
| Sec. 11. Failure to comply; civil remedies. | 12 |
| (a) No public works project shall be instituted unless the
| 13 |
| provisions of this Act have been complied with. The provisions | 14 |
| of this
Act shall not be applicable to Federal construction | 15 |
| projects which
require a prevailing wage determination by the | 16 |
| United States Secretary
of Labor. The Illinois Department of | 17 |
| Labor represented by the Attorney
General is empowered to sue | 18 |
| for injunctive relief against the awarding of
any contract or | 19 |
| the continuation of work under any contract for public works
at | 20 |
| a time when the prevailing wage prerequisites have not been | 21 |
| met. Any
contract for public works awarded at a time when the | 22 |
| prevailing wage prerequisites
had not been met shall be void as | 23 |
| against public policy and the contractor
is prohibited from | 24 |
| recovering any damages
for the voiding of the contract or | 25 |
| pursuant to the terms of the contract.
The contractor is |
|
|
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| 1 |
| limited to a claim for amounts actually paid for labor
and | 2 |
| materials supplied to the public body. Where objections to a | 3 |
| determination
of the prevailing rate of
wages or a court action | 4 |
| relative thereto is pending, the public body
shall not continue | 5 |
| work on the project unless sufficient funds are
available to | 6 |
| pay increased wages if such are finally determined or
unless | 7 |
| the Department of Labor certifies such determination of the
| 8 |
| prevailing rate of wages as correct.
| 9 |
| Any laborer, worker or mechanic employed by the contractor | 10 |
| or by any sub-contractor
under him who is paid for his services | 11 |
| in a sum less than the stipulated
rates for work done under | 12 |
| such contract, shall
have a right of action for whatever | 13 |
| difference there may be between the
amount so paid, and the | 14 |
| prevailing rate of wages required to be paid on the public | 15 |
| works project rates provided by the contract together with
| 16 |
| costs and such reasonable attorney's fees as
shall be allowed | 17 |
| by the court. Such contractor or subcontractor shall also
be | 18 |
| liable to the
Department of Labor for
20% of
such underpayments | 19 |
| and shall be additionally liable to the laborer, worker
or | 20 |
| mechanic for punitive damages in the amount of
2% of the amount | 21 |
| of any
such penalty to the
State for underpayments for each | 22 |
| month following the date of payment during
which such | 23 |
| underpayments
remain unpaid. Where a second or subsequent | 24 |
| action to recover underpayments is brought against a contractor | 25 |
| or subcontractor and the contractor or subcontractor is found | 26 |
| liable for underpayments to any laborer, worker, or mechanic, |
|
|
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| 1 |
| the contractor or subcontractor shall also be liable to the | 2 |
| Department of Labor for 50% of the underpayments payable as a | 3 |
| result of the second or subsequent action, and shall be | 4 |
| additionally liable to the laborer, worker, or mechanic for | 5 |
| punitive damages in the amount of for 5% of the amount of any | 6 |
| such penalty to the State for underpayments for each month | 7 |
| following the date of payment during which the underpayments | 8 |
| remain unpaid. The Department shall also have a right of action | 9 |
| on behalf
of any individual who has a right of action under | 10 |
| this Section. An action brought
to recover same shall be deemed | 11 |
| to be a suit for wages, and any and all
judgments entered | 12 |
| therein shall have the same force and effect as other
judgments | 13 |
| for wages.
At the request of any laborer, workman or mechanic
| 14 |
| employed by the contractor or by any subcontractor under him | 15 |
| who is paid
less than the prevailing wage rate required by this | 16 |
| Act, the Department
of Labor may take an assignment of such | 17 |
| wage claim in trust for the assigning
laborer, workman or | 18 |
| mechanic and may bring any legal action necessary to
collect | 19 |
| such claim, and the contractor or subcontractor shall be | 20 |
| required
to pay the costs incurred in collecting such claim. | 21 |
| (b) The Director of the Department of Labor shall publish | 22 |
| in the Illinois Register no less often than once each calendar | 23 |
| quarter a list of contractors or subcontractors found to have | 24 |
| disregarded their obligations to employees under this Act. The | 25 |
| Department of Labor shall determine the contractors or | 26 |
| subcontractors who, on 2 separate occasions within 5 years, |
|
|
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| 1 |
| have been determined to have violated the provisions of this | 2 |
| Act. Upon such determinations the Department shall notify the | 3 |
| violating contractor or subcontractor. Such contractor or | 4 |
| subcontractor shall then have 10 working days to request a | 5 |
| hearing by the Department on the alleged violations. Failure to | 6 |
| respond within the 10-working-day period shall result in | 7 |
| automatic and immediate placement and publication on the list. | 8 |
| If the contractor or subcontractor requests a hearing within | 9 |
| the 10-working-day period, the Director shall set a hearing on | 10 |
| the alleged violations. Such hearing shall take place no later | 11 |
| than 45 calendar days after the receipt by the Department of | 12 |
| Labor of the request for a hearing. The Department of Labor is | 13 |
| empowered to promulgate, adopt, amend, and rescind rules and | 14 |
| regulations to govern the hearing procedure. No contract shall | 15 |
| be awarded to a contractor or subcontractor appearing on the | 16 |
| list, or to any firm, corporation, partnership, or association | 17 |
| in which such contractor or subcontractor has an interest, | 18 |
| until 4 years have elapsed from the date of publication of the | 19 |
| list containing the name of such contractor or subcontractor.
| 20 |
| (Source: P.A. 94-488, eff. 1-1-06.)
| 21 |
| (820 ILCS 130/11b)
| 22 |
| Sec. 11b. Discharge or discipline of "whistle blowers" | 23 |
| prohibited.
| 24 |
| (a) No person shall discharge, discipline, or in any other | 25 |
| way discriminate
against, or cause to be discharged, |
|
|
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| 1 |
| disciplined, or discriminated against, any
employee or
any
| 2 |
| authorized representative of employees by reason of the fact | 3 |
| that the employee
or representative has filed, instituted, or | 4 |
| caused to be filed or instituted
any proceeding under this Act, | 5 |
| or has testified or is about to testify
in any proceeding | 6 |
| resulting from the administration or enforcement of
this Act, | 7 |
| or offers any evidence of any violation of this Act.
| 8 |
| (b) Any employee or a representative of employees who | 9 |
| believes that he has
been discharged, disciplined, or otherwise | 10 |
| discriminated against by any person
in violation
of subsection | 11 |
| (a) of this Section may, within 60 30 days after the alleged
| 12 |
| violation occurs, apply to the Director of Labor for a
review | 13 |
| of the discharge, discipline, or alleged discrimination. A copy | 14 |
| of the
application
shall be sent to the person who allegedly | 15 |
| committed the violation, who
shall be the respondent. Upon | 16 |
| receipt of
an application, the Director
shall cause such | 17 |
| investigation to be made as he or she deems appropriate.
The | 18 |
| investigation shall provide an opportunity for a public hearing | 19 |
| at
the request of any party to the review to enable the parties | 20 |
| to present
information relating to the alleged violation. The | 21 |
| parties shall be given
written notice of the time and place of | 22 |
| the hearing at least 30 5 days before
the hearing. Upon | 23 |
| receiving the report of the investigation, the Director
shall | 24 |
| make findings of fact. If the Director finds that a violation | 25 |
| did occur,
he or she shall issue a decision incorporating his | 26 |
| or her
findings and
requiring the party committing the |
|
|
|
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|
| 1 |
| violation to take such affirmative action
to abate the | 2 |
| violation as the Director deems appropriate, including, but
not | 3 |
| limited to, the rehiring or reinstatement of the employee or | 4 |
| representative
of employees to his or her former position and | 5 |
| compensating him or her for the
time he or she was unemployed. | 6 |
| The party committing the violation shall also be liable to the | 7 |
| Department of Labor for a penalty of $5,000 for each violation | 8 |
| of this Section. If the Director finds that there was no
| 9 |
| violation, he
or she
shall issue an order denying the | 10 |
| application. An order issued by the
Director under this Section | 11 |
| shall be subject to
judicial review under the Administrative | 12 |
| Review Law.
| 13 |
| (c) The Director shall adopt rules implementing this | 14 |
| Section in
accordance
with the Illinois Administrative | 15 |
| Procedure Act.
| 16 |
| (Source: P.A. 94-488, eff. 1-1-06.)
| 17 |
| (820 ILCS 130/11a rep.)
| 18 |
| Section 10. The Prevailing Wage Act is amended by repealing | 19 |
| Section 11a.
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| 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. |
|
| |
|