Full Text of SB0219 96th General Assembly
SB0219sam001 96TH GENERAL ASSEMBLY
|
Sen. Gary Forby
Filed: 3/18/2009
|
|
09600SB0219sam001 |
|
LRB096 04748 RLC 22554 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 219
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 219 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Section 4 as follows:
| 6 |
| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| 7 |
| Sec. 4. (a) The public body awarding any contract for | 8 |
| public work or
otherwise undertaking any public works, shall | 9 |
| ascertain the general
prevailing rate of hourly wages in the | 10 |
| locality in which the work is to
be performed, for each craft | 11 |
| or type of worker or mechanic needed to
execute the contract, | 12 |
| and where the public body performs the work
without letting a | 13 |
| contract therefor, shall ascertain the prevailing rate
of wages | 14 |
| on a per hour basis in the locality, and such public body shall
| 15 |
| specify in the resolution or ordinance and in the call for bids | 16 |
| for the
contract, that the general prevailing rate of wages in |
|
|
|
09600SB0219sam001 |
- 2 - |
LRB096 04748 RLC 22554 a |
|
| 1 |
| the locality for
each craft or type of worker or mechanic | 2 |
| needed to execute the contract
or perform such work, also the | 3 |
| general prevailing rate for legal holiday
and overtime work, as | 4 |
| ascertained by the public body or by the
Department of Labor | 5 |
| shall be paid for each craft or type of worker
needed to | 6 |
| execute the contract or to perform such work, and it shall be
| 7 |
| mandatory upon the contractor to whom the contract is awarded | 8 |
| and upon
any subcontractor under him, and where the public body | 9 |
| performs the
work, upon the public body, to pay not less than | 10 |
| the specified rates to
all laborers, workers and mechanics | 11 |
| employed by them in the execution of
the contract or such work; | 12 |
| provided, however, that if the public body
desires that the | 13 |
| Department of Labor ascertain the prevailing rate of
wages, it | 14 |
| shall notify the Department of Labor to ascertain the general
| 15 |
| prevailing rate of hourly wages for work under contract, or for | 16 |
| work
performed by a public body without letting a contract as | 17 |
| required in the
locality in which the work is to be performed, | 18 |
| for each craft or type of
worker or mechanic needed to execute | 19 |
| the contract or project or work to
be performed. Upon such | 20 |
| notification the Department of Labor shall
ascertain such | 21 |
| general prevailing rate of wages, and certify the
prevailing | 22 |
| wage to such public body. The public body awarding the
contract | 23 |
| shall cause to be inserted in the project specifications and | 24 |
| the
contract a stipulation to the
effect that not less than the | 25 |
| prevailing rate of wages as found by the
public body or | 26 |
| Department of Labor or determined by the court on review
shall |
|
|
|
09600SB0219sam001 |
- 3 - |
LRB096 04748 RLC 22554 a |
|
| 1 |
| be paid to all laborers, workers and mechanics performing work
| 2 |
| under the contract.
| 3 |
| (b) It shall also be mandatory upon the contractor to whom | 4 |
| the contract is
awarded
to insert into each subcontract and | 5 |
| into the project specifications for each
subcontract a written | 6 |
| stipulation to the effect that not less than the
prevailing
| 7 |
| rate of wages shall be paid to all laborers, workers, and | 8 |
| mechanics performing
work under the contract. It shall also be | 9 |
| mandatory upon each subcontractor to
cause to be inserted into | 10 |
| each lower tiered subcontract
and into the project | 11 |
| specifications for each lower tiered subcontract a
stipulation | 12 |
| to the effect that not less
than the prevailing rate of wages | 13 |
| shall be paid to all laborers, workers, and
mechanics | 14 |
| performing work under the contract. A contractor or | 15 |
| subcontractor who
fails to comply with this subsection (b) is | 16 |
| in violation of this Act.
| 17 |
| (c) It shall also require in all such contractor's bonds
| 18 |
| that the contractor include such provision as will guarantee | 19 |
| the
faithful performance of such prevailing wage clause as | 20 |
| provided by
contract. All bid specifications shall list the | 21 |
| specified rates to all
laborers, workers and mechanics in the | 22 |
| locality for each craft or type of
worker or mechanic needed to | 23 |
| execute the contract.
| 24 |
| (d) If the Department of Labor
revises the prevailing rate | 25 |
| of hourly wages to be paid by the public body, the
revised rate | 26 |
| shall apply to such contract, and the public body shall be
|
|
|
|
09600SB0219sam001 |
- 4 - |
LRB096 04748 RLC 22554 a |
|
| 1 |
| responsible to notify the contractor and each subcontractor, of | 2 |
| the revised
rate.
| 3 |
| (e) Two or more investigatory hearings under this Section | 4 |
| on the issue
of establishing a new prevailing wage | 5 |
| classification for a particular craft
or type of worker shall | 6 |
| be consolidated in a single hearing before the
Department. Such | 7 |
| consolidation shall occur whether each separate investigatory
| 8 |
| hearing is conducted by a public body or the Department. The | 9 |
| party requesting
a consolidated investigatory hearing shall | 10 |
| have the burden of establishing that
there is no existing | 11 |
| prevailing wage classification for the particular craft or
type | 12 |
| of worker in any of the localities under consideration.
| 13 |
| (f) It shall be mandatory upon the contractor or | 14 |
| construction manager
to whom a contract for public works is | 15 |
| awarded to post, at a
location on the project site of the | 16 |
| public works that is
easily accessible to the workers engaged | 17 |
| on the project,
the prevailing wage rates for each craft or | 18 |
| type of worker
or mechanic needed to execute the contract or | 19 |
| project or
work to be performed. A failure to post a prevailing | 20 |
| wage
rate as required by this Section is a violation of this | 21 |
| Act.
| 22 |
| (g) The Department of Labor shall establish the prevailing | 23 |
| wage classification of electric power line clearance tree | 24 |
| trimmer. | 25 |
| (Source: P.A. 95-331, eff. 8-21-07.)".
|
|