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.)