093_SB1212enr

 
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 1        AN ACT concerning employment.

 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, 3, and 4 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    "Public  works"  also includes all projects financed in whole
27    or in part with funds from  the  Fund  for  Illinois'  Future
28    under  Section  6z-47  of  the  State  Finance Act, funds for
29    school construction under Section 5 of the General Obligation
30    Bond Act, funds authorized under  Section  3  of  the  School
31    Construction  Bond Act, funds for school infrastructure under
 
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 1    Section 6z-45  of  the  State  Finance  Act,  and  funds  for
 2    transportation  purposes  under  Section  4  of  the  General
 3    Obligation Bond Act.
 4        "Construction"  means  all work on public works involving
 5    laborers, workers or mechanics.
 6        "Locality" means the county where the physical work  upon
 7    public  works  is  performed, except (1) that if there is not
 8    available in the county  a  sufficient  number  of  competent
 9    skilled  laborers,  workers  and  mechanics  to construct the
10    public works efficiently and  properly,  "locality"  includes
11    any  other  county  nearest  the  one  in  which  the work or
12    construction is to be performed and from which  such  persons
13    may be obtained in sufficient numbers to perform the work and
14    (2) that, with respect to contracts for highway work with the
15    Department of Transportation of this State, "locality" may at
16    the   discretion  of  the  Secretary  of  the  Department  of
17    Transportation be construed to include two or  more  adjacent
18    counties  from  which  workers  may be accessible for work on
19    such construction.
20        "Public body" means the State or any  officer,  board  or
21    commission  of  the  State  or  any  political subdivision or
22    department thereof, or any institution supported in whole  or
23    in  part  by  public  funds,  authorized  by law to construct
24    public  works  or  to  enter  into  any  contract   for   the
25    construction  of  public  works,  and  includes every county,
26    city, town, village, township, school  district,  irrigation,
27    utility,  reclamation improvement or other district and every
28    other political subdivision, district or municipality of  the
29    state  whether  such  political  subdivision, municipality or
30    district operates under a special charter or not.
31        The terms "general  prevailing  rate  of  hourly  wages",
32    "general  prevailing  rate  of  wages" or "prevailing rate of
33    wages" when used in this Act mean the hourly cash wages  plus
34    fringe  benefits  for  training  and  apprenticeship programs
 
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 1    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
 2    Apprenticeship  and  Training, health and welfare, insurance,
 3    vacations and pensions paid generally,  in  the  locality  in
 4    which  the  work  is being performed, to employees engaged in
 5    work of a similar character on public works.
 6    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
 7    92-16, eff. 6-28-01.)

 8        (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
 9        Sec. 3.  Not less than the  general  prevailing  rate  of
10    hourly  wages for work of a similar character on public works
11    in the locality in which the work is performed, and not  less
12    than  the  general  prevailing rate of hourly wages for legal
13    holiday and overtime work, shall be  paid  to  all  laborers,
14    workers  and mechanics employed by or on behalf of any public
15    body engaged in the construction of public works.  Only  such
16    laborers,  workers  and mechanics as are directly employed by
17    contractors or subcontractors in actual construction work  on
18    the  site  of the building or construction job, and laborers,
19    workers  and  mechanics  engaged  in  the  transportation  of
20    materials  and  equipment  to  or  from  the  site,  but  not
21    including the transportation by the sellers and suppliers  or
22    the  manufacture  or processing of materials or equipment, in
23    the execution of any contract or contracts for  public  works
24    with  any  public  body  shall  be deemed to be employed upon
25    public works. The wage for a tradesman performing maintenance
26    is equivalent to that of a tradesman engaged in construction.
27    (Source: P.A. 83-443.)

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