093_HB3510

 
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 1        AN ACT concerning wages.

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

 4        Section  5.   The  Prevailing  Wage  Act  is  amended  by
 5    changing Sections 4, 5, 6, 7, 8, 9, and 10 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
14    wages on a per hour basis in the locality,  and  such  public
15    body  shall specify in the resolution or ordinance and in the
16    call for bids for the contract, that the  general  prevailing
17    rate  of  wages  in  the  locality  for each craft or type of
18    worker or mechanic needed to execute the contract or  perform
19    such work, also the general prevailing rate for legal holiday
20    and  overtime  work,  as ascertained by the public body or by
21    the Department of Labor shall be paid for each craft or  type
22    of  worker  needed to execute the contract or to perform such
23    work, and it shall be mandatory upon the contractor  to  whom
24    the contract is awarded and upon any subcontractor under him,
25    and  where the public body performs the work, upon the public
26    body, to pay  not  less  than  the  specified  rates  to  all
27    laborers,  workers  and  mechanics  employed  by  them in the
28    execution of the contract or such work.;  provided,  however,
29    that  if the public body desires that the Department of Labor
30    ascertain the prevailing rate of wages, it shall  notify  the
31    Department  of Labor to ascertain the general prevailing rate
 
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 1    of  hourly  wages  for  work  under  contract,  or  for  work
 2    performed by a public body  without  letting  a  contract  as
 3    required  in  the  locality  in  which  the  work  is  to  be
 4    performed,  for  each  craft  or  type  of worker or mechanic
 5    needed to execute the contract  or  project  or  work  to  be
 6    performed.  Upon  such  notification  the Department of Labor
 7    shall ascertain such general prevailing rate  of  wages,  and
 8    certify  the  prevailing wage to such public body. The public
 9    body awarding the contract shall cause to be inserted in  the
10    contract  or bid proposal submitted by the bidding contractor
11    a written stipulation to the effect that not  less  than  the
12    prevailing  rate  of  wages  as  found  by the public body or
13    Department of Labor or determined  by  the  court  on  review
14    shall   be  paid  to  all  laborers,  workers  and  mechanics
15    performing  work  under  the  contract.  It  shall  also   be
16    mandatory upon the contractor to whom the contract is awarded
17    and  upon any subcontractor under him to cause to be inserted
18    in each contract and subcontract a written stipulation to the
19    effect that not less than the prevailing  rate  of  wages  as
20    found  by  the Department of Labor or determined by the court
21    on review  shall  be  paid  to  all  laborers,  workers,  and
22    mechanics  performing  work under the contract. It shall also
23    require in all such contractor's bonds  that  the  contractor
24    include   such  provision  as  will  guarantee  the  faithful
25    performance of such prevailing wage  clause  as  provided  by
26    contract.   All  bid  specifications shall list the specified
27    rates to all laborers, workers and mechanics in the  locality
28    for  each  craft  or  type  of  worker  or mechanic needed to
29    execute the contract.
30        (b)  If the Department of Labor  revises  the  prevailing
31    rate  of  hourly  wages  to  be  paid by the public body, the
32    revised rate shall apply to such  contract,  and  the  public
33    body  shall  be responsible to notify the contractor and each
34    subcontractor, of the revised rate. Two or more investigatory
 
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 1    hearings under this Section on the issue  of  establishing  a
 2    new  prevailing wage classification for a particular craft or
 3    type of worker shall be  consolidated  in  a  single  hearing
 4    before   the  Department.   Such  consolidation  shall  occur
 5    whether each separate investigatory hearing is conducted by a
 6    public  body  or  the  Department.  The  party  requesting  a
 7    consolidated investigatory hearing shall have the  burden  of
 8    establishing  that  there  is  no  existing  prevailing  wage
 9    classification  for the particular craft or type of worker in
10    any of the localities under consideration.
11        (c)  Contractors and subcontractors covered by  this  Act
12    shall  post,  at a location on the project site of the public
13    works that is easily accessible to their employees engaged on
14    the project, the prevailing wage rates for each craft or type
15    of worker or mechanic  needed  to  execute  the  contract  or
16    project  or  work  to  be  performed.  A  failure  to  post a
17    prevailing wage  rate  as  required  by  this  Section  is  a
18    violation of this Act.
19    (Source: P.A. 92-783, eff. 8-6-02.)

20        (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
21        Sec.  5.  The  contractor  and  each subcontractor or the
22    officer of the public body in charge  of  the  project  shall
23    make  and  keep,  for a period of not less than 3 years, true
24    and accurate records of the name, address, telephone  number,
25    social security number, keep or cause to be kept, an accurate
26    record  showing  the  names  and  occupation of all laborers,
27    workers and mechanics employed by them,  in  connection  with
28    said  public  work.  The  records  shall also show the actual
29    hourly wages paid in each pay period to each employee and the
30    hours worked each day in each work  week  by  each  employee,
31    including  the  starting  and  ending  times of work for each
32    employee. The, and showing also the actual hourly wages  paid
33    to  each  of  such persons, which record shall be open at all
 
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 1    reasonable  hours  to  the  inspection  of  the  public  body
 2    awarding the contract, its officers and agents,  and  to  the
 3    Director of Labor and his deputies and agents. Any contractor
 4    or  subcontractor  that  maintains  its  principal  place  of
 5    business  outside  of  this  State  shall  make  the required
 6    records or accurate copies of those records available  within
 7    this State at all reasonable hours for inspection.
 8        Upon  request  by  the  Director  of  Labor or his or her
 9    deputies or agents, records shall be copied and submitted for
10    evidence at not cost to the  aforementioned  parties.   Every
11    employer upon request shall furnish to the Director or his or
12    her  authorized  representative, on demand, a sworn statement
13    of the records  and  information  upon  forms  prescribed  or
14    approved by the Director.
15    (Source: P.A. 92-783, eff. 8-6-02.)

16        (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
17        Sec.  6.  Any  officer,  agent  or  representative of any
18    public body who wilfully violates, or omits to  comply  with,
19    any  of  the  provisions  of  this Act, and any contractor or
20    subcontractor, or  agent  or  representative  thereof,  doing
21    public  work  as aforesaid, who neglects to keep, or cause to
22    be kept, an accurate record  of  the  names,  occupation  and
23    actual  wages  paid  to  each  laborer,  worker  and mechanic
24    employed by him, in connection with the public  work  or  who
25    refuses to allow access to same at any reasonable hour to any
26    person  authorized  to inspect same under this Act, is guilty
27    of a Class B misdemeanor.
28        The Department of Labor shall inquire  diligently  as  to
29    any  violation  of  this  Act,  shall  institute  actions for
30    penalties herein prescribed, and shall enforce generally  the
31    provisions  of this Act. The Attorney General shall prosecute
32    such cases upon complaint by the Department or any interested
33    person.
 
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 1        If the Director of Labor or his or her deputies or agents
 2    find that a contractor or subcontractor has failed to  comply
 3    with the provisions of this Act, a request may be made to the
 4    public   body  to  withhold  payment  to  the  contractor  or
 5    subcontractor in the amount of the alleged underpayment.  The
 6    withholding  shall  remain  in  effect until it is determined
 7    that the violation no longer exists.
 8    (Source: P.A. 81-992.)

 9        (820 ILCS 130/7) (from Ch. 48, par. 39s-7)
10        Sec. 7. The finding  of  the  public  body  awarding  the
11    contract  or  authorizing the work or the Department of Labor
12    ascertaining and declaring the  general  prevailing  rate  of
13    hourly  wages shall be final for all purposes of the contract
14    for public work then being considered, unless reviewed  under
15    the  provisions  of  this  Act. Nothing in this Act, however,
16    shall be construed to prohibit the payment  to  any  laborer,
17    worker or mechanic employed on any public work, as aforesaid,
18    of  more  than the prevailing rate of wages; provided further
19    that nothing in this Act shall  be  construed  to  limit  the
20    hours  of  work  which  may be performed by any person in any
21    particular period of time.
22    (Source: P.A. 81-992.)

23        (820 ILCS 130/8) (from Ch. 48, par. 39s-8)
24        Sec. 8. In the event the public body authorizing the work
25    or the  Department  of  Labor  is  unable  to  ascertain  the
26    prevailing  rate  of wage of any class of work required to be
27    performed under the proposed contract, it is the duty of  the
28    Department   of   Labor   where  the  determination  of  said
29    prevailing rate has been referred to  it  to  so  notify  the
30    public body authorizing the proposed work, and it is the duty
31    of  the  public  body  in  either  case  to state the fact of
32    inability  to  ascertain  said   prevailing   rate   in   its
 
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 1    resolution,  ordinance  or notice for bids in which event the
 2    clause specifying the prevailing wage as  to  such  class  of
 3    work  may  be excluded from the contract unless such wage may
 4    be determined by the court on appeal as provided by this Act.
 5    (Source: Laws 1957, p. 2662.)

 6        (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
 7        Sec. 9.  To effectuate the purpose and policy of this Act
 8    each public body shall, during the  month  of  June  of  each
 9    calendar  year, investigate and ascertain the prevailing rate
10    of wages as defined in this Act and  publicly  post  or  keep
11    available  for inspection by any interested party in the main
12    office  of  such  public  body  its  determination  of   such
13    prevailing  rate  of wage and shall promptly file a certified
14    copy thereof in the office  of  the  Secretary  of  State  at
15    Springfield.
16        The Department of Labor shall during the month of June of
17    each  calendar year, investigate and ascertain the prevailing
18    rate of wages for each county in the State.  If a public body
19    does not investigate and ascertain  the  prevailing  rate  of
20    wages  during  the  month of June as required by the previous
21    paragraph, then the prevailing rate of wages for that  public
22    body  shall be the rate as determined by the Department under
23    this paragraph for the county in which such  public  body  is
24    located.
25        Where  the  Department of Labor ascertains the prevailing
26    rate of wages, It is the duty  of  the  Department  of  Labor
27    within  30 days after receiving a notice from the public body
28    authorizing the proposed work, to conduct an investigation to
29    ascertain the prevailing rate of wages as defined in this Act
30    and such investigation shall be conducted in the locality  in
31    which  the  work  is to be performed. The Department of Labor
32    shall send a certified copy of its  findings  to  the  public
33    body  authorizing  the work and keep a record of its findings
 
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 1    available for inspection  by  any  interested  party  in  the
 2    office of the Department of Labor at Springfield.
 3        The   public   body   except   for   the   Department  of
 4    Transportation with respect to highway contracts shall within
 5    30 days after filing with the  Secretary  of  State,  or  the
 6    Department  of  Labor  shall within 30 days after filing with
 7    such  public  body,  publish  in  a  newspaper   of   general
 8    circulation   within  the  area  that  the  determination  is
 9    effective, a notice of its determination and  shall  promptly
10    mail  a copy of its determination to any employer, and to any
11    association of employers and to any person or association  of
12    employees   who   have   filed  their  names  and  addresses,
13    requesting copies of any determination stating the particular
14    rates and the particular class of workers whose wages will be
15    affected by such rates.
16        At any time within 30 15 days  after  the  Department  of
17    Labor  has  published  on  its official web site a prevailing
18    wage schedule a  certified copy of the determination has been
19    published as herein provided, any person affected thereby may
20    object in writing to the determination or such  part  thereof
21    as  they  may  deem  objectionable by filing a written notice
22    with the public body or Department of  Labor,  whichever  has
23    made such determination, stating the specified grounds of the
24    objection. It shall thereafter be the duty of the public body
25    or  Department  of  Labor  to set a date for a hearing on the
26    objection after giving written notice  to  the  objectors  at
27    least  10 days before the date of the hearing and said notice
28    shall state the time and place of such hearing. Such  hearing
29    by the Department of Labor a public body shall be held within
30    45  20  days  after  the objection is filed, and shall not be
31    postponed or reset for a later date except upon the  consent,
32    in  writing, of all the objectors and the Department of Labor
33    public body. If such hearing is not held by the  public  body
34    within  the  time  herein  specified, the Department of Labor
 
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 1    may, upon request of the objectors, conduct  the  hearing  on
 2    behalf of the public body.
 3        The  public  body  or  Department of Labor, whichever has
 4    made such determination, is authorized in its  discretion  to
 5    hear  each  written objection filed separately or consolidate
 6    for hearing any one or more written objections filed with  it
 7    them.  At such hearing the public body or Department of Labor
 8    shall introduce in evidence the investigation -it  instituted
 9    which  formed  the basis of its determination, and the public
10    body or Department of Labor, or any interested objectors  may
11    thereafter  introduce  such  evidence  as  is material to the
12    issue. Thereafter, the public body or  Department  of  Labor,
13    must  rule  upon  the  written  objection and make such final
14    determination as  it  believes  the  evidence  warrants,  and
15    promptly  file  a  certified  copy of its final determination
16    with such public body and the Secretary of State, and serve a
17    copy by personal service or registered mail on all parties to
18    the proceedings. The final determination by the Department of
19    Labor a public body shall be rendered within 30 10 days after
20    the conclusion of the hearing.
21        If   proceedings   to   review   judicially   the   final
22    determination of the public body or Department of  Labor  are
23    not  instituted  as  hereafter  provided,  such determination
24    shall be final and binding.
25        The provisions of the Administrative Review Law, and  all
26    amendments  and  modifications thereof, and the rules adopted
27    pursuant thereto, shall apply to and govern  all  proceedings
28    for  the judicial review of final administrative decisions of
29    any public body or the Department  of  Labor  hereunder.  The
30    term "administrative decision" is defined as in Section 3-101
31    of the Code of Civil Procedure.
32        Appeals  from  all  final orders and judgments entered by
33    the court in review of the final administrative  decision  of
34    the  public  body or Department of Labor, may be taken by any
 
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 1    party to the action.
 2        Any proceeding in any court affecting a determination  of
 3    the Department of Labor or public body shall have priority in
 4    hearing  and  determination  over all other civil proceedings
 5    pending in said court, except election contests.
 6        In all reviews or appeals under this Act, it shall be the
 7    duty of the Attorney General to represent the  Department  of
 8    Labor,  and  defend  its  determination. The Attorney General
 9    shall not represent any public body, except the State, in any
10    such review or appeal.
11    (Source: P.A. 83-201.)

12        (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
13        Sec. 10.  The presiding officer of the  public  body,  or
14    his  or her authorized representative and the Director of the
15    Department of Labor, or his or her authorized  representative
16    may  interview workers, administer oaths, take or cause to be
17    taken the depositions of witnesses, and require  by  subpoena
18    the attendance and testimony of witnesses, and the production
19    of  all  books,  records,  and other evidence relative to the
20    matter under investigation or hearing. Such subpoena shall be
21    signed and issued by such presiding officer  or  his  or  her
22    authorized  representative,  or  the  Director  or his or her
23    authorized representative.
24        In case of failure of  any  person  to  comply  with  any
25    subpoena lawfully issued under this section or on the refusal
26    of  any  witness  to  produce  evidence  or to testify to any
27    matter  regarding  which  he   or   she   may   be   lawfully
28    interrogated,  it  is  the  duty  of  any circuit court, upon
29    application  of  such  presiding  officer  or  his   or   her
30    authorized  representative,  or  the  Director  or his or her
31    authorized representative, to compel obedience by proceedings
32    for  contempt,  as  in  the  case  of  disobedience  of   the
33    requirements  of a subpoena issued by such court or a refusal
 
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 1    to testify therein. Such presiding officer and  The  Director
 2    may certify to official acts.
 3    (Source: P.A. 83-334.)