Full Text of HB0163 96th General Assembly
HB0163enr 96TH GENERAL ASSEMBLY
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HB0163 Enrolled |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Section 4 as follows:
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| Sec. 4. Ascertaining prevailing wage. | 8 |
| (a) The public body awarding any contract for public work | 9 |
| or
otherwise undertaking any public works, shall ascertain the | 10 |
| general
prevailing rate of hourly wages in the locality in | 11 |
| which the work is to
be performed, for each craft or type of | 12 |
| worker or mechanic needed to
execute the contract, and where | 13 |
| the public body performs the work
without letting a contract | 14 |
| therefor, shall ascertain the prevailing rate
of wages on a per | 15 |
| hour basis in the locality, and such public body shall
specify | 16 |
| in the resolution or ordinance and in the call for bids for the
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| contract, that the general prevailing rate of wages in the | 18 |
| locality for
each craft or type of worker or mechanic needed to | 19 |
| execute the contract
or perform such work, also the general | 20 |
| prevailing rate for legal holiday
and overtime work, as | 21 |
| ascertained by the public body or by the
Department of Labor | 22 |
| shall be paid for each craft or type of worker
needed to | 23 |
| execute the contract or to perform such work, and it shall be
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| mandatory upon the contractor to whom the contract is awarded | 2 |
| and upon
any subcontractor under him, and where the public body | 3 |
| performs the
work, upon the public body, to pay not less than | 4 |
| the specified rates to
all laborers, workers and mechanics | 5 |
| employed by them in the execution of
the contract or such work; | 6 |
| provided, however, that if the public body
desires that the | 7 |
| Department of Labor ascertain the prevailing rate of
wages, it | 8 |
| shall notify the Department of Labor to ascertain the general
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| prevailing rate of hourly wages for work under contract, or for | 10 |
| work
performed by a public body without letting a contract as | 11 |
| required in the
locality in which the work is to be performed, | 12 |
| for each craft or type of
worker or mechanic needed to execute | 13 |
| the contract or project or work to
be performed. Upon such | 14 |
| notification the Department of Labor shall
ascertain such | 15 |
| general prevailing rate of wages, and certify the
prevailing | 16 |
| wage to such public body. | 17 |
| (a-1) The public body or other entity awarding the
contract | 18 |
| shall cause to be inserted in the project specifications and | 19 |
| the
contract a stipulation to the
effect that not less than the | 20 |
| prevailing rate of wages as found by the
public body or | 21 |
| Department of Labor or determined by the court on review
shall | 22 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract.
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| (a-2) When a public body or other entity covered by this | 25 |
| Act has awarded work to a contractor without a public bid, | 26 |
| contract or project specification, such public body or other |
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| entity shall comply with subsection (a-1) by providing the | 2 |
| contractor with written notice on the purchase order related to | 3 |
| the work to be done or on a separate document indicating that | 4 |
| not less than the prevailing rate of wages as found by the | 5 |
| public body or Department of Labor or determined by the court | 6 |
| on review shall be paid to all laborers, workers, and mechanics | 7 |
| performing work on the project. | 8 |
| (a-3) Where a complaint is made and the Department of Labor | 9 |
| determines that a violation occurred, the Department of Labor | 10 |
| shall determine if proper written notice under this Section 4 | 11 |
| was given. If proper written notice was not provided to the | 12 |
| contractor by the public body or other entity, the Department | 13 |
| of Labor shall order the public body or other entity to pay any | 14 |
| interest, penalties or fines that would have been owed by the | 15 |
| contractor if proper written notice were provided. The failure | 16 |
| by a public body or other entity to provide written notice does | 17 |
| not relieve the contractor of the duty to comply with the | 18 |
| prevailing wage rate, nor of the obligation to pay any back | 19 |
| wages, as determined under this Act. For the purposes of this | 20 |
| subsection, back wages shall be limited to the difference | 21 |
| between the actual amount paid and the prevailing rate of wages | 22 |
| required to be paid for the project. The failure of a public | 23 |
| body or other entity to provide written notice under this | 24 |
| Section 4 does not diminish the right of a laborer, worker, or | 25 |
| mechanic to the prevailing rate of wages as determined under | 26 |
| this Act. |
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| (b) It shall also be mandatory upon the contractor to whom | 2 |
| the contract is
awarded
to insert into each subcontract and | 3 |
| into the project specifications for each
subcontract a written | 4 |
| stipulation to the effect that not less than the
prevailing
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| rate of wages shall be paid to all laborers, workers, and | 6 |
| mechanics performing
work under the contract. It shall also be | 7 |
| mandatory upon each subcontractor to
cause to be inserted into | 8 |
| each lower tiered subcontract
and into the project | 9 |
| specifications for each lower tiered subcontract a
stipulation | 10 |
| to the effect that not less
than the prevailing rate of wages | 11 |
| shall be paid to all laborers, workers, and
mechanics | 12 |
| performing work under the contract. A contractor or | 13 |
| subcontractor who
fails to comply with this subsection (b) is | 14 |
| in violation of this Act.
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| (b-1) When a contractor has awarded work to a subcontractor | 16 |
| without a contract or contract specification, the contractor | 17 |
| shall comply with subsection (b) by providing a subcontractor | 18 |
| with a written statement indicating that not less than the | 19 |
| prevailing rate of wages shall be paid to all laborers, | 20 |
| workers, and mechanics performing work on the project. A | 21 |
| contractor or subcontractor who fails to comply with this | 22 |
| subsection (b-1) is in violation of this Act. | 23 |
| (b-2) Where a complaint is made and the Department of Labor | 24 |
| determines that a violation has occurred, the Department of | 25 |
| Labor shall determine if proper written notice under this | 26 |
| Section 4 was given. If proper written notice was not provided |
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| to the subcontractor by the contractor, the Department of Labor | 2 |
| shall order the contractor to pay any interest, penalties, or | 3 |
| fines that would have been owed by the subcontractor if proper | 4 |
| written notice were provided. The failure by a contractor to | 5 |
| provide written notice to a subcontractor does not relieve the | 6 |
| subcontractor of the duty to comply with the prevailing wage | 7 |
| rate, nor of the obligation to pay any back wages, as | 8 |
| determined under this Act. For the purposes of this subsection, | 9 |
| back wages shall be limited to the difference between the | 10 |
| actual amount paid and the prevailing rate of wages required | 11 |
| for the project. However, if proper written notice was not | 12 |
| provided to the contractor by the public body or other entity | 13 |
| under this Section 4, the Department of Labor shall order the | 14 |
| public body or other entity to pay any interest, penalties, or | 15 |
| fines that would have been owed by the subcontractor if proper | 16 |
| written notice were provided. The failure by a public body or | 17 |
| other entity to provide written notice does not relieve the | 18 |
| subcontractor of the duty to comply with the prevailing wage | 19 |
| rate, nor of the obligation to pay any back wages, as | 20 |
| determined under this Act. For the purposes of this subsection, | 21 |
| back wages shall be limited to the difference between the | 22 |
| actual amount paid and the prevailing rate of wages required | 23 |
| for the project. The failure to provide written notice by a | 24 |
| public body, other entity, or contractor does not diminish the | 25 |
| right of a laborer, worker, or mechanic to the prevailing rate | 26 |
| of wages as determined under this Act. |
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| (c) A public body or other entity It shall also require in | 2 |
| all contractor's and subcontractor's such contractor's bonds
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| that the contractor or subcontractor include such provision as | 4 |
| will guarantee the
faithful performance of such prevailing wage | 5 |
| clause as provided by
contract or other written instrument . All | 6 |
| bid specifications shall list the specified rates to all
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| laborers, workers and mechanics in the locality for each craft | 8 |
| or type of
worker or mechanic needed to execute the contract.
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| (d) If the Department of Labor
revises the prevailing rate | 10 |
| of hourly wages to be paid by the public body, the
revised rate | 11 |
| shall apply to such contract, and the public body shall be
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| responsible to notify the contractor and each subcontractor, of | 13 |
| the revised
rate.
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| (e) Two or more investigatory hearings under this Section | 15 |
| on the issue
of establishing a new prevailing wage | 16 |
| classification for a particular craft
or type of worker shall | 17 |
| be consolidated in a single hearing before the
Department. Such | 18 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 20 |
| party requesting
a consolidated investigatory hearing shall | 21 |
| have the burden of establishing that
there is no existing | 22 |
| prevailing wage classification for the particular craft or
type | 23 |
| of worker in any of the localities under consideration.
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| (f) It shall be mandatory upon the contractor or | 25 |
| construction manager
to whom a contract for public works is | 26 |
| awarded to post, at a
location on the project site of the |
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| public works that is
easily accessible to the workers engaged | 2 |
| on the project,
the prevailing wage rates for each craft or | 3 |
| type of worker
or mechanic needed to execute the contract or | 4 |
| project or
work to be performed. In lieu of posting on the | 5 |
| project site of the public works, a contractor which has a | 6 |
| business location where laborers, workers, and mechanics | 7 |
| regularly visit may: (1) post in a conspicuous location at that | 8 |
| business the current prevailing wage rates for each county in | 9 |
| which the contractor is performing work; or (2) provide such | 10 |
| laborer, worker, or mechanic engaged on the public works | 11 |
| project a written notice indicating the prevailing wage rates | 12 |
| for the public works project. A failure to post or provide a | 13 |
| prevailing wage
rate as required by this Section is a violation | 14 |
| of this Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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