Illinois General Assembly - Full Text of SB1754
Illinois General Assembly

Previous General Assemblies

Full Text of SB1754  93rd General Assembly

SB1754ham001 93rd General Assembly


093_SB1754ham001











                                     LRB093 10661 MKM 16520 a

 1                    AMENDMENT TO SENATE BILL 1754

 2        AMENDMENT NO.     .  Amend Senate Bill 1754 on  page  19,
 3    immediately below line 8, by inserting the following:

 4        "Section  900.  The  Prevailing  Wage  Act  is amended by
 5    changing Sections 2 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
 
                            -2-      LRB093 10661 MKM 16520 a
 1    Facilities Authority Act, or the Build Illinois Bond Act, and
 2    all projects financed in whole or in part with loans or other
 3    funds  made  available  pursuant  to  the Build Illinois Act.
 4    "Public works" shall also include all  projects  financed  in
 5    whole  or  in  part with bonds, loans, or other financial aid
 6    authorized under the Western  Illinois  Economic  Development
 7    Authority Act.
 8        "Construction"  means  all work on public works involving
 9    laborers, workers or mechanics.
10        "Locality" means the county where the physical work  upon
11    public  works  is  performed, except (1) that if there is not
12    available in the county  a  sufficient  number  of  competent
13    skilled  laborers,  workers  and  mechanics  to construct the
14    public works efficiently and  properly,  "locality"  includes
15    any  other  county  nearest  the  one  in  which  the work or
16    construction is to be performed and from which  such  persons
17    may be obtained in sufficient numbers to perform the work and
18    (2) that, with respect to contracts for highway work with the
19    Department of Transportation of this State, "locality" may at
20    the   discretion  of  the  Secretary  of  the  Department  of
21    Transportation be construed to include two or  more  adjacent
22    counties  from  which  workers  may be accessible for work on
23    such construction.
24        "Public body" means the State or any  officer,  board  or
25    commission  of  the  State  or  any  political subdivision or
26    department thereof, or any institution supported in whole  or
27    in  part  by  public  funds,  authorized  by law to construct
28    public  works  or  to  enter  into  any  contract   for   the
29    construction  of  public  works,  and  includes every county,
30    city, town, village, township, school  district,  irrigation,
31    utility,  reclamation improvement or other district and every
32    other political subdivision, district or municipality of  the
33    state  whether  such  political  subdivision, municipality or
34    district operates under a special charter or not.
 
                            -3-      LRB093 10661 MKM 16520 a
 1        The terms "general  prevailing  rate  of  hourly  wages",
 2    "general  prevailing  rate  of  wages" or "prevailing rate of
 3    wages" when used in this Act mean the hourly cash wages  plus
 4    fringe  benefits  for  training  and  apprenticeship programs
 5    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
 6    Apprenticeship  and  Training, health and welfare, insurance,
 7    vacations and pensions paid generally,  in  the  locality  in
 8    which  the  work  is being performed, to employees engaged in
 9    work of a similar character on public works.
10    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
11    92-16, eff. 6-28-01.)

12        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
13        Sec. 4. The public body awarding any contract for  public
14    work   or  otherwise  undertaking  any  public  works,  shall
15    ascertain the general prevailing rate of hourly wages in  the
16    locality in which the work is to be performed, for each craft
17    or type of worker or mechanic needed to execute the contract,
18    and where the public body performs the work without letting a
19    contract  therefor,  shall  ascertain  the prevailing rate of
20    wages on a per hour basis in the locality,  and  such  public
21    body  shall specify in the resolution or ordinance and in the
22    call for bids for the contract, that the  general  prevailing
23    rate  of  wages  in  the  locality  for each craft or type of
24    worker or mechanic needed to execute the contract or  perform
25    such work, also the general prevailing rate for legal holiday
26    and  overtime  work,  as ascertained by the public body or by
27    the Department of Labor shall be paid for each craft or  type
28    of  worker  needed to execute the contract or to perform such
29    work, and it shall be mandatory upon the contractor  to  whom
30    the contract is awarded and upon any subcontractor under him,
31    and  where the public body performs the work, upon the public
32    body, to pay  not  less  than  the  specified  rates  to  all
33    laborers,  workers  and  mechanics  employed  by  them in the
 
                            -4-      LRB093 10661 MKM 16520 a
 1    execution of the contract or such  work;  provided,  however,
 2    that  if the public body desires that the Department of Labor
 3    ascertain the prevailing rate of wages, it shall  notify  the
 4    Department  of Labor to ascertain the general prevailing rate
 5    of  hourly  wages  for  work  under  contract,  or  for  work
 6    performed by a public body  without  letting  a  contract  as
 7    required  in  the  locality  in  which  the  work  is  to  be
 8    performed,  for  each  craft  or  type  of worker or mechanic
 9    needed to execute the contract  or  project  or  work  to  be
10    performed.  Upon  such  notification  the Department of Labor
11    shall ascertain such general prevailing rate  of  wages,  and
12    certify  the  prevailing wage to such public body. The public
13    body awarding the contract shall cause to be inserted in  the
14    contract  a  stipulation to the effect that not less than the
15    prevailing rate of wages as  found  by  the  public  body  or
16    Department  of  Labor  or  determined  by the court on review
17    shall  be  paid  to  all  laborers,  workers  and   mechanics
18    performing  work under the contract. It shall also require in
19    all such contractor's bonds that the contractor include  such
20    provision  as will guarantee the faithful performance of such
21    prevailing wage clause as  provided  by  contract.   All  bid
22    specifications   shall   list  the  specified  rates  to  all
23    laborers, workers and mechanics  in  the  locality  for  each
24    craft  or  type  of  worker or mechanic needed to execute the
25    contract.  If the Department of Labor revises the  prevailing
26    rate  of  hourly  wages  to  be  paid by the public body, the
27    revised rate shall apply to such  contract,  and  the  public
28    body  shall  be responsible to notify the contractor and each
29    subcontractor, of the revised rate. Two or more investigatory
30    hearings under this Section on the issue  of  establishing  a
31    new  prevailing wage classification for a particular craft or
32    type of worker shall be  consolidated  in  a  single  hearing
33    before   the  Department.   Such  consolidation  shall  occur
34    whether each separate investigatory hearing is conducted by a
 
                            -5-      LRB093 10661 MKM 16520 a
 1    public  body  or  the  Department.  The  party  requesting  a
 2    consolidated investigatory hearing shall have the  burden  of
 3    establishing  that  there  is  no  existing  prevailing  wage
 4    classification  for the particular craft or type of worker in
 5    any of the localities under consideration.
 6        It shall be mandatory upon the contractor or construction
 7    manager to whom a contract for public  works  is  awarded  to
 8    post,  at  a location on the project site of the public works
 9    that is easily accessible  to  the  workers  engaged  on  the
10    project,  the prevailing wage rates for each craft or type of
11    worker or mechanic needed to execute the contract or  project
12    or  work to be performed. A failure to post a prevailing wage
13    rate as required by this Section is a violation of this Act.
14    (Source: P.A. 92-783, eff. 8-6-02.)".