093_SB1855

 
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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 2, 4, 7, 8, 9, and 10 as follows:

 6        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
 7        Sec. 2.  This Act  applies  to  the  wages  of  laborers,
 8    mechanics  and other workers employed in any public works, as
 9    hereinafter defined, by any public body and to  anyone  under
10    contracts for public works.
11        As  used  in  this  Act,  unless  the  context  indicates
12    otherwise:
13        "Public  works"  means  all  fixed  works constructed for
14    public use by any public body, other than work done  directly
15    by  any  public  utility  company,  whether or not done under
16    public supervision or direction, or paid  for  wholly  or  in
17    part  out  of public funds.  "Public works" as defined herein
18    includes all projects financed in whole or in part with bonds
19    issued under the Industrial Project Revenue Bond Act (Article
20    11,  Division  74  of  the  Illinois  Municipal  Code),   the
21    Industrial   Building   Revenue   Bond   Act,   the  Illinois
22    Development  Finance  Authority  Act,  the  Illinois   Sports
23    Facilities Authority Act, or the Build Illinois Bond Act, and
24    all projects financed in whole or in part with loans or other
25    funds made available pursuant to the Build Illinois Act.
26        "Construction"  means  all work on public works involving
27    laborers, workers or mechanics.
28        "Locality" means the county where the physical work  upon
29    public  works  is  performed, except (1) that if there is not
30    available in the county  a  sufficient  number  of  competent
31    skilled  laborers,  workers  and  mechanics  to construct the
 
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 1    public works efficiently and  properly,  "locality"  includes
 2    any  other  county  nearest  the  one  in  which  the work or
 3    construction is to be performed and from which  such  persons
 4    may be obtained in sufficient numbers to perform the work and
 5    (2) that, with respect to contracts for highway work with the
 6    Department of Transportation of this State, "locality" may at
 7    the   discretion  of  the  Secretary  of  the  Department  of
 8    Transportation be construed to include two or  more  adjacent
 9    counties  from  which  workers  may be accessible for work on
10    such construction.
11        "Public body" means the State or any  officer,  board  or
12    commission  of  the  State  or  any  political subdivision or
13    department thereof, or any institution supported in whole  or
14    in  part  by  public  funds,  authorized  by law to construct
15    public  works  or  to  enter  into  any  contract   for   the
16    construction  of  public  works,  and  includes every county,
17    city, town, village, township, school  district,  irrigation,
18    utility,  reclamation improvement or other district and every
19    other political subdivision, district or municipality of  the
20    state  whether  such  political  subdivision, municipality or
21    district operates under a special charter or not.
22        The terms "general  prevailing  rate  of  hourly  wages",
23    "general  prevailing  rate  of  wages" or "prevailing rate of
24    wages" when used in this Act mean the hourly cash wages  plus
25    fringe  benefits  for  training  and  apprenticeship programs
26    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
27    Apprenticeship  and  Training, health and welfare, insurance,
28    vacations and pensions paid generally,  in  the  locality  in
29    which  the  work  is being performed, to employees engaged in
30    work of a similar character on public works.
31    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
32    92-16, eff. 6-28-01.)

33        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
 
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 1        Sec. 4. (a)  The public body awarding  any  contract  for
 2    public  work or otherwise undertaking any public works, shall
 3    ascertain the general prevailing rate of hourly wages in  the
 4    locality in which the work is to be performed, for each craft
 5    or type of worker or mechanic needed to execute the contract,
 6    and where the public body performs the work without letting a
 7    contract  therefor,  shall  ascertain  the prevailing rate of
 8    wages on a per hour basis in the locality,  and  such  public
 9    body  shall specify in the resolution or ordinance and in the
10    call for bids for the contract, that the  general  prevailing
11    rate  of  wages  in  the  locality  for each craft or type of
12    worker or mechanic needed to execute the contract or  perform
13    such work, also the general prevailing rate for legal holiday
14    and  overtime  work,  as ascertained by the public body or by
15    the Department of Labor shall be paid for each craft or  type
16    of  worker  needed to execute the contract or to perform such
17    work, and it shall be mandatory upon the contractor  to  whom
18    the contract is awarded and upon any subcontractor under him,
19    and  where the public body performs the work, upon the public
20    body, to pay  not  less  than  the  specified  rates  to  all
21    laborers,  workers  and  mechanics  employed  by  them in the
22    execution of the contract or such work.;  provided,  however,
23    that  if the public body desires that the Department of Labor
24    ascertain the prevailing rate of wages, it shall  notify  the
25    Department  of Labor to ascertain the general prevailing rate
26    of  hourly  wages  for  work  under  contract,  or  for  work
27    performed by a public body  without  letting  a  contract  as
28    required  in  the  locality  in  which  the  work  is  to  be
29    performed,  for  each  craft  or  type  of worker or mechanic
30    needed to execute the contract  or  project  or  work  to  be
31    performed.  Upon  such  notification  the Department of Labor
32    shall ascertain such general prevailing rate  of  wages,  and
33    certify  the  prevailing wage to such public body. The public
34    body awarding the contract shall cause to be inserted in  the
 
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 1    contract  a  stipulation to the effect that not less than the
 2    prevailing rate of wages as  found  by  the  public  body  or
 3    Department  of  Labor  or  determined  by the court on review
 4    shall  be  paid  to  all  laborers,  workers  and   mechanics
 5    performing  work under the contract. It shall also require in
 6    all such contractor's bonds that the contractor include  such
 7    provision  as will guarantee the faithful performance of such
 8    prevailing wage clause as  provided  by  contract.   All  bid
 9    specifications   shall   list  the  specified  rates  to  all
10    laborers, workers and mechanics  in  the  locality  for  each
11    craft  or  type  of  worker or mechanic needed to execute the
12    contract.
13        (b)  If the Department of Labor  revises  the  prevailing
14    rate  of  hourly  wages  to  be  paid by the public body, the
15    revised rate shall apply to such  contract,  and  the  public
16    body  shall  be responsible to notify the contractor and each
17    subcontractor, of the revised rate.
18        (c)  Two  or  more  investigatory  hearings  under   this
19    Section  on  the  issue of establishing a new prevailing wage
20    classification for a particular craft or type of worker shall
21    be consolidated in a single hearing  before  the  Department.
22    Such   consolidation   shall   occur  whether  each  separate
23    investigatory hearing is conducted by a public  body  or  the
24    Department. The party requesting a consolidated investigatory
25    hearing  shall  have the burden of establishing that there is
26    no existing prevailing wage classification for the particular
27    craft or type of  worker  in  any  of  the  localities  under
28    consideration.
29    (Source: P.A. 92-783, eff. 8-6-02.)

30        (820 ILCS 130/7) (from Ch. 48, par. 39s-7)
31        Sec.  7.  The  finding  of  the  public body awarding the
32    contract or authorizing the work or the Department  of  Labor
33    ascertaining  and  declaring  the  general prevailing rate of
 
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 1    hourly wages shall be final for all purposes of the  contract
 2    for  public work then being considered, unless reviewed under
 3    the provisions of this Act. Nothing  in  this  Act,  however,
 4    shall  be  construed  to prohibit the payment to any laborer,
 5    worker or mechanic employed on any public work, as aforesaid,
 6    of more than the prevailing rate of wages;  provided  further
 7    that  nothing  in  this  Act  shall be construed to limit the
 8    hours of work which may be performed by  any  person  in  any
 9    particular period of time.
10    (Source: P.A. 81-992.)

11        (820 ILCS 130/8) (from Ch. 48, par. 39s-8)
12        Sec. 8. In the event the public body authorizing the work
13    or  the  Department  of  Labor  is  unable  to  ascertain the
14    prevailing rate of wage of any class of work required  to  be
15    performed  under the proposed contract, it is the duty of the
16    Department  of  Labor  where  the   determination   of   said
17    prevailing  rate  has  been  referred  to it to so notify the
18    public body authorizing the proposed work, and it is the duty
19    of the public body in  either  case  to  state  the  fact  of
20    inability   to   ascertain   said   prevailing  rate  in  its
21    resolution, ordinance or notice for bids in which  event  the
22    clause  specifying  the  prevailing  wage as to such class of
23    work may be excluded from the contract unless such  wage  may
24    be determined by the court on appeal as provided by this Act.
25    (Source: Laws 1957, p. 2662.)

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

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