Full Text of SB2242 97th General Assembly
SB2242sam001 97TH GENERAL ASSEMBLY | Sen. Chris Lauzen Filed: 3/10/2011
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| 1 | | AMENDMENT TO SENATE BILL 2242
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2242 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. Ascertaining prevailing wage. | 8 | | (a) The public body awarding any contract for public work | 9 | | or
otherwise undertaking any public works, shall ascertain the | 10 | | general
prevailing rate of hourly wages in the locality in | 11 | | which the work is to
be performed, for each craft or type of | 12 | | worker or mechanic needed to
execute the contract, and where | 13 | | the public body performs the work
without letting a contract | 14 | | therefor, shall ascertain the prevailing rate
of wages on a per | 15 | | hour basis in the locality, and such public body shall
specify | 16 | | in the resolution or ordinance and in the call for bids for the
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| 1 | | contract, that the general prevailing rate of wages in the | 2 | | locality for
each craft or type of worker or mechanic needed to | 3 | | execute the contract
or perform such work, also the general | 4 | | prevailing rate for legal holiday
and overtime work, as | 5 | | ascertained by the public body or by the
Department of Labor | 6 | | shall be paid for each craft or type of worker
needed to | 7 | | execute the contract or to perform such work, and it shall be
| 8 | | mandatory upon the contractor to whom the contract is awarded | 9 | | and upon
any subcontractor under him, and where the public body | 10 | | performs the
work, upon the public body, to pay not less than | 11 | | the specified rates to
all laborers, workers and mechanics | 12 | | employed by them in the execution of
the contract or such work; | 13 | | provided, however, that if the public body
desires that the | 14 | | Department of Labor ascertain the prevailing rate of
wages, it | 15 | | shall notify the Department of Labor to ascertain the general
| 16 | | prevailing rate of hourly wages for work under contract, or for | 17 | | work
performed by a public body without letting a contract as | 18 | | required in the
locality in which the work is to be performed, | 19 | | for each craft or type of
worker or mechanic needed to execute | 20 | | the contract or project or work to
be performed. Upon such | 21 | | notification the Department of Labor shall
ascertain such | 22 | | general prevailing rate of wages, and certify the
prevailing | 23 | | wage to such public body. | 24 | | (a-1) The public body or other entity awarding the
contract | 25 | | shall cause to be inserted in the project specifications and | 26 | | the
contract a stipulation to the
effect that not less than the |
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| 1 | | prevailing rate of wages as found by the
public body or | 2 | | Department of Labor or determined by the court on review
shall | 3 | | be paid to all laborers, workers and mechanics performing work
| 4 | | under the contract.
| 5 | | (a-2) When a public body or other entity covered by this | 6 | | Act has awarded work to a contractor without a public bid, | 7 | | contract or project specification, such public body or other | 8 | | entity shall comply with subsection (a-1) by providing the | 9 | | contractor with written notice on the purchase order related to | 10 | | the work to be done or on a separate document indicating that | 11 | | not less than the prevailing rate of wages as found by the | 12 | | public body or Department of Labor or determined by the court | 13 | | on review shall be paid to all laborers, workers, and mechanics | 14 | | performing work on the project. | 15 | | (a-3) Where a complaint is made and the Department of Labor | 16 | | determines that a violation occurred, the Department of Labor | 17 | | shall determine if proper written notice under this Section 4 | 18 | | was given. If proper written notice was not provided to the | 19 | | contractor by the public body or other entity, the Department | 20 | | of Labor shall order the public body or other entity to pay any | 21 | | interest, penalties or fines that would have been owed by the | 22 | | contractor if proper written notice were provided. The failure | 23 | | by a public body or other entity to provide written notice does | 24 | | not relieve the contractor of the duty to comply with the | 25 | | prevailing wage rate, nor of the obligation to pay any back | 26 | | wages, as determined under this Act. For the purposes of this |
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| 1 | | subsection, back wages shall be limited to the difference | 2 | | between the actual amount paid and the prevailing rate of wages | 3 | | required to be paid for the project. The failure of a public | 4 | | body or other entity to provide written notice under this | 5 | | Section 4 does not diminish the right of a laborer, worker, or | 6 | | mechanic to the prevailing rate of wages as determined under | 7 | | this Act. | 8 | | (b) It shall also be mandatory upon the contractor to whom | 9 | | the contract is
awarded
to insert into each subcontract and | 10 | | into the project specifications for each
subcontract a written | 11 | | stipulation to the effect that not less than the
prevailing
| 12 | | rate of wages shall be paid to all laborers, workers, and | 13 | | mechanics performing
work under the contract. It shall also be | 14 | | mandatory upon each subcontractor to
cause to be inserted into | 15 | | each lower tiered subcontract
and into the project | 16 | | specifications for each lower tiered subcontract a
stipulation | 17 | | to the effect that not less
than the prevailing rate of wages | 18 | | shall be paid to all laborers, workers, and
mechanics | 19 | | performing work under the contract. A contractor or | 20 | | subcontractor who
fails to comply with this subsection (b) is | 21 | | in violation of this Act.
| 22 | | (b-1) When a contractor has awarded work to a subcontractor | 23 | | without a contract or contract specification, the contractor | 24 | | shall comply with subsection (b) by providing a subcontractor | 25 | | with a written statement indicating that not less than the | 26 | | prevailing rate of wages shall be paid to all laborers, |
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| 1 | | workers, and mechanics performing work on the project. A | 2 | | contractor or subcontractor who fails to comply with this | 3 | | subsection (b-1) is in violation of this Act. | 4 | | (b-2) Where a complaint is made and the Department of Labor | 5 | | determines that a violation has occurred, the Department of | 6 | | Labor shall determine if proper written notice under this | 7 | | Section 4 was given. If proper written notice was not provided | 8 | | to the subcontractor by the contractor, the Department of Labor | 9 | | shall order the contractor to pay any interest, penalties, or | 10 | | fines that would have been owed by the subcontractor if proper | 11 | | written notice were provided. The failure by a contractor to | 12 | | provide written notice to a subcontractor does not relieve the | 13 | | subcontractor of the duty to comply with the prevailing wage | 14 | | rate, nor of the obligation to pay any back wages, as | 15 | | determined under this Act. For the purposes of this subsection, | 16 | | back wages shall be limited to the difference between the | 17 | | actual amount paid and the prevailing rate of wages required | 18 | | for the project. However, if proper written notice was not | 19 | | provided to the contractor by the public body or other entity | 20 | | under this Section 4, the Department of Labor shall order the | 21 | | public body or other entity to pay any interest, penalties, or | 22 | | fines that would have been owed by the subcontractor if proper | 23 | | written notice were provided. The failure by a public body or | 24 | | other entity to provide written notice does not relieve the | 25 | | subcontractor of the duty to comply with the prevailing wage | 26 | | rate, nor of the obligation to pay any back wages, as |
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| 1 | | determined under this Act. For the purposes of this subsection, | 2 | | back wages shall be limited to the difference between the | 3 | | actual amount paid and the prevailing rate of wages required | 4 | | for the project. The failure to provide written notice by a | 5 | | public body, other entity, or contractor does not diminish the | 6 | | right of a laborer, worker, or mechanic to the prevailing rate | 7 | | of wages as determined under this Act. | 8 | | (c) A public body or other entity shall also require in all | 9 | | contractor's and subcontractor's bonds
that the contractor or | 10 | | subcontractor include such provision as will guarantee the
| 11 | | faithful performance of such prevailing wage clause as provided | 12 | | by
contract or other written instrument. All bid specifications | 13 | | shall list the specified rates to all
laborers, workers and | 14 | | mechanics in the locality for each craft or type of
worker or | 15 | | mechanic needed to execute the contract.
| 16 | | (d) If the Department of Labor
revises the prevailing rate | 17 | | of hourly wages to be paid by the public body, the
revised rate | 18 | | shall apply to such contract, and the public body shall be
| 19 | | responsible to notify the contractor and each subcontractor, of | 20 | | the revised
rate.
| 21 | | (e) Two or more investigatory hearings under this Section | 22 | | 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 investigatory
| 26 | | hearing is conducted by a public body or the Department. The |
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| 1 | | party requesting
a consolidated investigatory hearing shall | 2 | | have the burden of establishing that
there is no existing | 3 | | prevailing wage classification for the particular craft or
type | 4 | | of worker in any of the localities under consideration.
| 5 | | (f) It shall be mandatory upon the contractor or | 6 | | construction manager
to whom a contract for public works is | 7 | | awarded to post, at a
location on the project site of the | 8 | | public works that is
easily accessible to the workers engaged | 9 | | on the project,
the prevailing wage rates for each craft or | 10 | | type of worker
or mechanic needed to execute the contract or | 11 | | project or
work to be performed. In lieu of posting on the | 12 | | project site of the public works, a contractor which has a | 13 | | business location where laborers, workers, and mechanics | 14 | | regularly visit may: (1) post in a conspicuous location at that | 15 | | business the current prevailing wage rates for each county in | 16 | | which the contractor is performing work; or (2) provide such | 17 | | laborer, worker, or mechanic engaged on the public works | 18 | | project a written notice indicating the prevailing wage rates | 19 | | for the public works project. A failure to post or provide a | 20 | | prevailing wage
rate as required by this Section is a violation | 21 | | of this Act.
| 22 | | (g) Notwithstanding any other provision of this Act, | 23 | | separate
classifications for landscape plantsman, landscape | 24 | | driver,
and landscape equipment operator shall be recognized | 25 | | under
this Act, and the prevailing rate of hourly wages for | 26 | | those
classifications shall be the rates that prevail in the
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| 1 | | landscape industry as determined by the U.S. Department of
| 2 | | Labor. | 3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-437, eff. 1-1-10.)".
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