Public Act 93-0038

HB3398 Enrolled                      LRB093 03396 WGH 07431 b

    AN ACT concerning employment.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Prevailing  Wage  Act  is  amended   by
changing Sections 4, 5, 9, 10, and 11a as follows:

    (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
    Sec.  4.  (a)  The  public body awarding any contract for
public work or otherwise undertaking any public works,  shall
ascertain  the general prevailing rate of hourly wages in the
locality in which the work is to be performed, for each craft
or type of worker or mechanic needed to execute the contract,
and where the public body performs the work without letting a
contract therefor, shall ascertain  the  prevailing  rate  of
wages  on  a  per hour basis in the locality, and such public
body shall specify in the resolution or ordinance and in  the
call  for  bids for the contract, that the general prevailing
rate of wages in the locality  for  each  craft  or  type  of
worker  or mechanic needed to execute the contract or perform
such work, also the general prevailing rate for legal holiday
and overtime work, as ascertained by the public  body  or  by
the  Department of Labor shall be paid for each craft or type
of worker needed to execute the contract or to  perform  such
work,  and  it shall be mandatory upon the contractor to whom
the contract is awarded and upon any subcontractor under him,
and where the public body performs the work, upon the  public
body,  to  pay  not  less  than  the  specified  rates to all
laborers, workers and  mechanics  employed  by  them  in  the
execution  of  the  contract or such work; provided, however,
that if the public body desires that the Department of  Labor
ascertain  the  prevailing rate of wages, it shall notify the
Department of Labor to ascertain the general prevailing  rate
of  hourly  wages  for  work  under  contract,  or  for  work
performed  by  a  public  body  without letting a contract as
required  in  the  locality  in  which  the  work  is  to  be
performed, for each craft  or  type  of  worker  or  mechanic
needed  to  execute  the  contract  or  project or work to be
performed. Upon such notification  the  Department  of  Labor
shall  ascertain  such  general prevailing rate of wages, and
certify the prevailing wage to such public body.  The  public
body  awarding the contract shall cause to be inserted in the
project specifications and the contract a stipulation to  the
effect  that  not  less  than the prevailing rate of wages as
found by the public body or Department of Labor or determined
by the court on review shall be paid to all laborers, workers
and mechanics performing work under the contract.
    (b)  It shall also be mandatory upon  the  contractor  to
whom  the contract is awarded to insert into each subcontract
and into the project specifications for  each  subcontract  a
written  stipulation  to  the  effect  that not less than the
prevailing rate of wages  shall  be  paid  to  all  laborers,
workers, and mechanics performing work under the contract. It
shall  also  be mandatory upon each subcontractor to cause to
be inserted into each lower tiered subcontract and  into  the
project  specifications  for  each lower tiered subcontract a
stipulation to the effect that not less than  the  prevailing
rate  of  wages  shall  be paid to all laborers, workers, and
mechanics performing work under the contract. A contractor or
subcontractor who fails to comply with this subsection (b) is
in violation of this Act.
    (c)  It shall also require in all such contractor's bonds
that the contractor include such provision as will  guarantee
the  faithful  performance  of such prevailing wage clause as
provided by contract.  All bid specifications shall list  the
specified rates to all laborers, workers and mechanics in the
locality  for each craft or type of worker or mechanic needed
to execute the contract.
    (d)  If the Department of Labor  revises  the  prevailing
rate  of  hourly  wages  to  be  paid by the public body, the
revised rate shall apply to such  contract,  and  the  public
body  shall  be responsible to notify the contractor and each
subcontractor, of the revised rate.
    (e)  Two  or  more  investigatory  hearings  under   this
Section  on  the  issue of establishing a new prevailing wage
classification for a particular craft or type of worker shall
be consolidated in a single hearing  before  the  Department.
Such   consolidation   shall   occur  whether  each  separate
investigatory hearing is conducted by a public  body  or  the
Department. The party requesting a consolidated investigatory
hearing  shall  have the burden of establishing that there is
no existing prevailing wage classification for the particular
craft or type of  worker  in  any  of  the  localities  under
consideration.
(Source: P.A. 92-783, eff. 8-6-02.)

    (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
    Sec.  5.  The  contractor  and  each subcontractor or the
officer of the public body in charge  of  the  project  shall
make  and  keep,  for a period of not less than 3 years, true
and accurate records of the name, address,  telephone  number
when  available,  social security number, keep or cause to be
kept, an accurate record showing the names and occupation  of
all  laborers,  workers  and  mechanics  employed by them, in
connection with said public work. The records shall also show
the actual hourly wages paid  in  each  pay  period  to  each
employee  and  the hours worked each day in each work week by
each employee. While  participating  on  public  works,  each
contractor's  payroll  records shall include the starting and
ending times of work for each employee. The, and showing also
the actual hourly wages paid to each of such  persons,  which
record   shall  be  open  at  all  reasonable  hours  to  the
inspection of the public  body  awarding  the  contract,  its
officers  and  agents,  and  to the Director of Labor and his
deputies and agents. Any  contractor  or  subcontractor  that
maintains  its  principal  place  of business outside of this
State shall make the required records or accurate  copies  of
those  records  available within this State at all reasonable
hours for inspection.
(Source: P.A. 92-783, eff. 8-6-02.)

    (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
    Sec. 9.  To effectuate the purpose and policy of this Act
each public body shall, during the  month  of  June  of  each
calendar  year, investigate and ascertain the prevailing rate
of wages as defined in this Act and  publicly  post  or  keep
available  for inspection by any interested party in the main
office  of  such  public  body  its  determination  of   such
prevailing  rate  of  wage  and shall promptly file, no later
than July 15 of each year, a certified copy  thereof  in  the
office  of  the  Secretary  of  State  at Springfield and the
office of the Illinois Department of Labor.
    The Department of Labor shall during the month of June of
each calendar year, investigate and ascertain the  prevailing
rate of wages for each county in the State.  If a public body
does  not  investigate  and  ascertain the prevailing rate of
wages during the month of June as required  by  the  previous
paragraph,  then the prevailing rate of wages for that public
body shall be the rate as determined by the Department  under
this  paragraph  for  the county in which such public body is
located.
    Where the Department of Labor ascertains  the  prevailing
rate  of  wages,  it  is  the duty of the Department of Labor
within 30 days after receiving a notice from the public  body
authorizing the proposed work, to conduct an investigation to
ascertain the prevailing rate of wages as defined in this Act
and  such investigation shall be conducted in the locality in
which the work is to be performed. The  Department  of  Labor
shall  send  a  certified  copy of its findings to the public
body authorizing the work and keep a record of  its  findings
available  for  inspection  by  any  interested  party in the
office of the Department of Labor at Springfield.
    The  public   body   except   for   the   Department   of
Transportation with respect to highway contracts shall within
30  days  after  filing  with  the Secretary of State, or the
Department of Labor shall within 30 days  after  filing  with
such   public   body,  publish  in  a  newspaper  of  general
circulation  within  the  area  that  the  determination   is
effective,  a  notice of its determination and shall promptly
mail a copy of its determination to any employer, and to  any
association  of employers and to any person or association of
employees  who  have  filed  their   names   and   addresses,
requesting copies of any determination stating the particular
rates and the particular class of workers whose wages will be
affected by such rates.
    At  any  time  within  30 15 days after the Department of
Labor has published on its official  web  site  a  prevailing
wage  schedule a certified copy of the determination has been
published as herein provided, any person affected thereby may
object in writing to the determination or such  part  thereof
as  they  may  deem  objectionable by filing a written notice
with the public body or Department of  Labor,  whichever  has
made such determination, stating the specified grounds of the
objection. It shall thereafter be the duty of the public body
or  Department  of  Labor  to set a date for a hearing on the
objection after giving written notice  to  the  objectors  at
least  10 days before the date of the hearing and said notice
shall state the time and place of such hearing. Such  hearing
by  a  public  body shall be held within 45 20 days after the
objection is filed, and shall not be postponed or reset for a
later date except upon the consent, in writing,  of  all  the
objectors and the public body. If such hearing is not held by
the  public  body  within  the  time  herein  specified,  the
Department  of  Labor  may,  upon  request  of the objectors,
conduct the hearing on behalf of the public body.
    The public body or Department  of  Labor,  whichever  has
made  such  determination, is authorized in its discretion to
hear each written objection filed separately  or  consolidate
for  hearing  any  one  or more written objections filed with
them. At such hearing the public body or Department of  Labor
shall  introduce  in evidence the investigation it instituted
which formed the basis of its determination, and  the  public
body  or Department of Labor, or any interested objectors may
thereafter introduce such evidence  as  is  material  to  the
issue.  Thereafter,  the  public body or Department of Labor,
must rule upon the written  objection  and  make  such  final
determination  as  it  believes  the  evidence  warrants, and
promptly file a certified copy  of  its  final  determination
with such public body and the Secretary of State, and serve a
copy by personal service or registered mail on all parties to
the proceedings. The final determination by the Department of
Labor  or  a  public body shall be rendered within 30 10 days
after the conclusion of the hearing.
    If   proceedings   to   review   judicially   the   final
determination of the public body or Department of  Labor  are
not  instituted  as  hereafter  provided,  such determination
shall be final and binding.
    The provisions of the Administrative Review Law, and  all
amendments  and  modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern  all  proceedings
for  the judicial review of final administrative decisions of
any public body or the Department  of  Labor  hereunder.  The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
    Appeals  from  all  final orders and judgments entered by
the court in review of the final administrative  decision  of
the  public  body or Department of Labor, may be taken by any
party to the action.
    Any proceeding in any court affecting a determination  of
the Department of Labor or public body shall have priority in
hearing  and  determination  over all other civil proceedings
pending in said court, except election contests.
    In all reviews or appeals under this Act, it shall be the
duty of the Attorney General to represent the  Department  of
Labor,  and  defend  its  determination. The Attorney General
shall not represent any public body, except the State, in any
such review or appeal.
(Source: P.A. 83-201.)

    (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
    Sec. 10.  The presiding officer of the  public  body,  or
his  or her authorized representative and the Director of the
Department of Labor, or his or her authorized  representative
may  interview workers, administer oaths, take or cause to be
taken the depositions of witnesses, and require  by  subpoena
the attendance and testimony of witnesses, and the production
of  all  books,  records,  and other evidence relative to the
matter under investigation or hearing. Such subpoena shall be
signed and issued by such presiding officer  or  his  or  her
authorized  representative,  or  the  Director  or his or her
authorized representative.
    Upon request by the Director  of  Labor  or  his  or  her
deputies or agents, records shall be copied and submitted for
evidence  at  no  cost  to  the  Department  of  Labor. Every
employer upon request shall furnish to the Director or his or
her authorized representative, on demand, a  sworn  statement
of  the  accuracy of the records. Any employer who refuses to
furnish a sworn statement of the records is in  violation  of
this Act.
    In  case  of  failure  of  any  person to comply with any
subpoena lawfully issued under this section or on the refusal
of any witness to produce  evidence  or  to  testify  to  any
matter   regarding   which   he   or   she  may  be  lawfully
interrogated, it is the  duty  of  any  circuit  court,  upon
application   of   such  presiding  officer  or  his  or  her
authorized representative, or the  Director  or  his  or  her
authorized representative, to compel obedience by proceedings
for   contempt,  as  in  the  case  of  disobedience  of  the
requirements of a subpoena issued by such court or a  refusal
to  testify  therein. Such presiding officer and the Director
may certify to official acts.
(Source: P.A. 83-334.)

    (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
    Sec. 11a.  The Director of the Department of Labor  shall
publish in the Illinois Register no less often than once each
calendar  quarter  a  list  of  contractors or subcontractors
found to have  disregarded  their  obligations  to  employees
under  this  Act. The Department of Labor shall determine the
contractors or subcontractors who, on 2  separate  occasions,
have  been determined to have violated the provisions of this
Act.  Upon such determination the Department shall notify the
violating contractor or subcontractor.   Such  contractor  or
subcontractor  shall  then  have 10 working days to request a
hearing by the Department on the alleged violations.  Failure
to respond within the 10 working day period shall  result  in
automatic  and  immediate  placement  and  publication on the
list.  If the contractor or subcontractor requests a  hearing
within  the  10  working day period, the Director shall set a
hearing on the alleged violations.  Such hearing  shall  take
place  no later than 45 30 calendar days after the receipt by
the Department of Labor of the request for a  hearing.    The
Department  of Labor is empowered to promulgate, adopt, amend
and rescind rules  and  regulations  to  govern  the  hearing
procedure.   No  contract shall be awarded to a contractor or
subcontractor  appearing  on  the  list,  or  to  any   firm,
corporation,   partnership   or  association  in  which  such
contractor or subcontractor has an  interest  until  2  years
have  elapsed  from  the  date  of  publication  of  the list
containing the name of such contractor or subcontractor.
(Source: P.A. 86-693; 86-799; 86-1028.)