Full Text of SB0322 96th General Assembly
SB0322 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0322
Introduced 2/6/2009, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/4 |
from Ch. 48, par. 39s-4 |
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Amends the Prevailing Wage Act. In provisions making it a public body's responsibility to notify contractors and subcontractors of a revised prevailing wage rate, provides that the publication of an ordinance or resolution passed by the public body that states the ascertained prevailing wage is sufficient notification to the contractor and each subcontractor.
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A BILL FOR
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SB0322 |
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LRB096 03829 WGH 13861 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 |
| Section 4 as follows:
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| Sec. 4. (a) The public body awarding any contract for | 8 |
| public work or
otherwise undertaking any public works, shall | 9 |
| ascertain the general
prevailing rate of hourly wages in the | 10 |
| locality in which the work is to
be performed, for each craft | 11 |
| or type of worker or mechanic needed to
execute the contract, | 12 |
| and where the public body performs the work
without letting a | 13 |
| contract therefor, shall ascertain the prevailing rate
of wages | 14 |
| on a per hour basis in the locality, and such public body shall
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| specify in the resolution or ordinance and in the call for bids | 16 |
| for the
contract, that the general prevailing rate of wages in | 17 |
| the locality for
each craft or type of worker or mechanic | 18 |
| needed to execute the contract
or perform such work, also the | 19 |
| general prevailing rate for legal holiday
and overtime work, as | 20 |
| ascertained by the public body or by the
Department of Labor | 21 |
| shall be paid for each craft or type of worker
needed to | 22 |
| execute the contract or to perform such work, and it shall be
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| mandatory upon the contractor to whom the contract is awarded |
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SB0322 |
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LRB096 03829 WGH 13861 b |
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| and upon
any subcontractor under him, and where the public body | 2 |
| performs the
work, upon the public body, to pay not less than | 3 |
| the specified rates to
all laborers, workers and mechanics | 4 |
| employed by them in the execution of
the contract or such work; | 5 |
| provided, however, that if the public body
desires that the | 6 |
| Department of Labor ascertain the prevailing rate of
wages, it | 7 |
| shall notify the Department of Labor to ascertain the general
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| prevailing rate of hourly wages for work under contract, or for | 9 |
| work
performed by a public body without letting a contract as | 10 |
| required in the
locality in which the work is to be performed, | 11 |
| for each craft or type of
worker or mechanic needed to execute | 12 |
| the contract or project or work to
be performed. Upon such | 13 |
| notification the Department of Labor shall
ascertain such | 14 |
| general prevailing rate of wages, and certify the
prevailing | 15 |
| wage to such public body. The public body awarding the
contract | 16 |
| shall cause to be inserted in the project specifications and | 17 |
| the
contract a stipulation to the
effect that not less than the | 18 |
| prevailing rate of wages as found by the
public body or | 19 |
| Department of Labor or determined by the court on review
shall | 20 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract.
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| (b) It shall also be mandatory upon the contractor to whom | 23 |
| the contract is
awarded
to insert into each subcontract and | 24 |
| into the project specifications for each
subcontract a written | 25 |
| stipulation to the effect that not less than the
prevailing
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| rate of wages shall be paid to all laborers, workers, and |
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SB0322 |
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LRB096 03829 WGH 13861 b |
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| mechanics performing
work under the contract. It shall also be | 2 |
| mandatory upon each subcontractor to
cause to be inserted into | 3 |
| each lower tiered subcontract
and into the project | 4 |
| specifications for each lower tiered subcontract a
stipulation | 5 |
| to the effect that not less
than the prevailing rate of wages | 6 |
| shall be paid to all laborers, workers, and
mechanics | 7 |
| performing work under the contract. A contractor or | 8 |
| subcontractor who
fails to comply with this subsection (b) is | 9 |
| in violation of this Act.
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| (c) It shall also require in all such contractor's bonds
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| that the contractor include such provision as will guarantee | 12 |
| the
faithful performance of such prevailing wage clause as | 13 |
| provided by
contract. All bid specifications shall list the | 14 |
| specified rates to all
laborers, workers and mechanics in the | 15 |
| locality for each craft or type of
worker or mechanic needed to | 16 |
| execute the contract.
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| (d) If the Department of Labor
revises the prevailing rate | 18 |
| of hourly wages to be paid by the public body, the
revised rate | 19 |
| shall apply to such contract, and the public body shall be
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| responsible to notify the contractor and each subcontractor, of | 21 |
| the revised
rate. The publication of an ordinance or resolution | 22 |
| passed by the public body that states the ascertained | 23 |
| prevailing wage is sufficient notification to the contractor | 24 |
| and each subcontractor under this subsection (d).
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| (e) Two or more investigatory hearings under this Section | 26 |
| on the issue
of establishing a new prevailing wage |
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| classification for a particular craft
or type of worker shall | 2 |
| be consolidated in a single hearing before the
Department. Such | 3 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 5 |
| party requesting
a consolidated investigatory hearing shall | 6 |
| have the burden of establishing that
there is no existing | 7 |
| prevailing wage classification for the particular craft or
type | 8 |
| of worker in any of the localities under consideration.
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| (f) It shall be mandatory upon the contractor or | 10 |
| construction manager
to whom a contract for public works is | 11 |
| awarded to post, at a
location on the project site of the | 12 |
| public works that is
easily accessible to the workers engaged | 13 |
| on the project,
the prevailing wage rates for each craft or | 14 |
| type of worker
or mechanic needed to execute the contract or | 15 |
| project or
work to be performed. A failure to post a prevailing | 16 |
| wage
rate as required by this Section is a violation of this | 17 |
| Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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