Bill Text: IL SB1511 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Unemployment Insurance Act. Makes a technical change in a Section concerning the short title of the Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1511 Detail]
Download: Illinois-2011-SB1511-Amended.html
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1 | AMENDMENT TO SENATE BILL 1511
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2 | AMENDMENT NO. ______. Amend Senate Bill 1511 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 2, 4, and 11a as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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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. This includes any maintenance, | ||||||
11 | repair, assembly, or disassembly work performed on equipment | ||||||
12 | whether owned, leased, or rented.
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13 | As used in this Act, unless the context indicates | ||||||
14 | otherwise:
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15 | "Public works" means all fixed works constructed or | ||||||
16 | demolished by
any public body,
or paid for wholly or in part |
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1 | out of public funds. "Public works" as
defined herein includes | ||||||
2 | all projects financed in whole
or in part with bonds, grants, | ||||||
3 | loans, or other funds made available by or through the State or | ||||||
4 | any of its political subdivisions, including but not limited | ||||||
5 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
6 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
7 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
8 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
9 | the Build Illinois Bond Act; loans or other funds made
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10 | available pursuant to the Build Illinois Act; or funds from the | ||||||
11 | Fund for
Illinois' Future under Section 6z-47 of the State | ||||||
12 | Finance Act, funds for school
construction under Section 5 of | ||||||
13 | the General Obligation Bond Act, funds
authorized under Section | ||||||
14 | 3 of the School Construction Bond Act, funds for
school | ||||||
15 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
16 | and funds
for transportation purposes under Section 4 of the | ||||||
17 | General Obligation Bond
Act. "Public works" also includes (i) | ||||||
18 | all projects financed in whole or in part
with funds from the | ||||||
19 | Department of Commerce and Economic Opportunity under the | ||||||
20 | Illinois Renewable Fuels Development Program
Act for which | ||||||
21 | there is no project labor agreement and (ii) all work performed | ||||||
22 | pursuant to a public private agreement under the Public Private | ||||||
23 | Agreements for the Illiana Expressway Act. "Public works" also | ||||||
24 | includes all projects at leased facility property used for | ||||||
25 | airport purposes under Section 35 of the Local Government | ||||||
26 | Facility Lease Act. "Public works" also includes the |
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1 | construction of a new wind power facility by a business | ||||||
2 | designated as a High Impact Business under Section 5.5(a)(3)(E) | ||||||
3 | of the Illinois Enterprise Zone Act.
"Public works" does not | ||||||
4 | include work done directly by any public utility company, | ||||||
5 | whether or not done under public supervision or direction, or | ||||||
6 | paid for wholly or in part out of public funds. "Public works" | ||||||
7 | does not include projects undertaken by the owner at an | ||||||
8 | owner-occupied single-family residence or at an owner-occupied | ||||||
9 | unit of a multi-family residence.
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10 | "Compensatory damages" or "actual damages" are the sum of | ||||||
11 | economic and non-economic damages. | ||||||
12 | "Construction" means all work on public works involving | ||||||
13 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
14 | repair, assembly, or disassembly work performed on equipment | ||||||
15 | whether owned, leased, or rented.
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16 | "Locality" means the county where the physical work upon | ||||||
17 | public works
is performed, except (1) that if there is not | ||||||
18 | available in the county a
sufficient number of competent | ||||||
19 | skilled laborers, workers and mechanics
to construct the public | ||||||
20 | works efficiently and properly, "locality"
includes any other | ||||||
21 | county nearest the one in which the work or
construction is to | ||||||
22 | be performed and from which such persons may be
obtained in | ||||||
23 | sufficient numbers to perform the work and (2) that, with
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24 | respect to contracts for highway work with the Department of
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25 | Transportation of this State, "locality" may at the discretion | ||||||
26 | of the
Secretary of the Department of Transportation be |
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1 | construed to include
two or more adjacent counties from which | ||||||
2 | workers may be accessible for
work on such construction.
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3 | "Public body" means the State or any officer, board or | ||||||
4 | commission of
the State or any political subdivision or | ||||||
5 | department thereof, or any
institution supported in whole or in | ||||||
6 | part by public funds,
and includes every county, city, town,
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7 | village, township, school district, irrigation, utility, | ||||||
8 | reclamation
improvement or other district and every other | ||||||
9 | political subdivision,
district or municipality of the state | ||||||
10 | whether such political
subdivision, municipality or district | ||||||
11 | operates under a special charter
or not.
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12 | The terms "general prevailing rate of hourly wages", | ||||||
13 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
14 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
15 | fringe benefits for training and
apprenticeship programs | ||||||
16 | approved by the U.S. Department of Labor, Bureau of
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17 | Apprenticeship and Training, health and welfare, insurance, | ||||||
18 | vacations and
pensions paid generally, in the
locality in which | ||||||
19 | the work is being performed, to employees engaged in
work of a | ||||||
20 | similar character on public works.
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21 | (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | ||||||
22 | eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, | ||||||
23 | eff. 7-2-10.)
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24 | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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25 | Sec. 4. Ascertaining prevailing wage. |
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1 | (a) The public body awarding any contract for public work | ||||||
2 | or
otherwise undertaking any public works, shall ascertain the | ||||||
3 | general
prevailing rate of hourly wages in the locality in | ||||||
4 | which the work is to
be performed, for each craft or type of | ||||||
5 | worker or mechanic needed to
execute the contract, and where | ||||||
6 | the public body performs the work
without letting a contract | ||||||
7 | therefor, shall ascertain the prevailing rate
of wages on a per | ||||||
8 | hour basis in the locality, and such public body shall
specify | ||||||
9 | in the resolution or ordinance and in the call for bids for the
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10 | contract, that the general prevailing rate of wages in the | ||||||
11 | locality for
each craft or type of worker or mechanic needed to | ||||||
12 | execute the contract
or perform such work, also the general | ||||||
13 | prevailing rate for legal holiday
and overtime work, as | ||||||
14 | ascertained by the public body or by the
Department of Labor | ||||||
15 | shall be paid for each craft or type of worker
needed to | ||||||
16 | execute the contract or to perform such work, and it shall be
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17 | mandatory upon the contractor to whom the contract is awarded | ||||||
18 | and upon
any subcontractor under him, and where the public body | ||||||
19 | performs the
work, upon the public body, to pay not less than | ||||||
20 | the specified rates to
all laborers, workers and mechanics | ||||||
21 | employed by them in the execution of
the contract or such work; | ||||||
22 | provided, however, that if the public body
desires that the | ||||||
23 | Department of Labor ascertain the prevailing rate of
wages, it | ||||||
24 | shall notify the Department of Labor to ascertain the general
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25 | prevailing rate of hourly wages for work under contract, or for | ||||||
26 | work
performed by a public body without letting a contract as |
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1 | required in the
locality in which the work is to be performed, | ||||||
2 | for each craft or type of
worker or mechanic needed to execute | ||||||
3 | the contract or project or work to
be performed. Upon such | ||||||
4 | notification the Department of Labor shall
ascertain such | ||||||
5 | general prevailing rate of wages, and certify the
prevailing | ||||||
6 | wage to such public body. | ||||||
7 | (a-1) The public body or other entity awarding the
contract | ||||||
8 | shall cause to be inserted in the project specifications and | ||||||
9 | the
contract a stipulation to the
effect that not less than the | ||||||
10 | prevailing rate of wages as found by the
public body or | ||||||
11 | Department of Labor or determined by the court on review
shall | ||||||
12 | be paid to all laborers, workers and mechanics performing work
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13 | under the contract.
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14 | (a-2) When a public body or other entity covered by this | ||||||
15 | Act has awarded work to a contractor without a public bid, | ||||||
16 | contract or project specification, such public body or other | ||||||
17 | entity shall comply with subsection (a-1) by providing the | ||||||
18 | contractor with written notice on the purchase order related to | ||||||
19 | the work to be done or on a separate document indicating that | ||||||
20 | not less than the prevailing rate of wages as found by the | ||||||
21 | public body or Department of Labor or determined by the court | ||||||
22 | on review shall be paid to all laborers, workers, and mechanics | ||||||
23 | performing work on the project. | ||||||
24 | (a-3) Where a complaint is made and the Department of Labor | ||||||
25 | determines that a violation occurred, the Department of Labor | ||||||
26 | shall determine if proper written notice under this Section 4 |
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1 | was given. If proper written notice was not provided to the | ||||||
2 | contractor by the public body or other entity, the Department | ||||||
3 | of Labor shall order the public body or other entity to pay any | ||||||
4 | interest, penalties or fines that would have been owed by the | ||||||
5 | contractor if proper written notice were provided. The failure | ||||||
6 | by a public body or other entity to provide written notice does | ||||||
7 | not relieve the contractor of the duty to comply with the | ||||||
8 | prevailing wage rate, nor of the obligation to pay any back | ||||||
9 | wages, as determined under this Act. For the purposes of this | ||||||
10 | subsection, back wages shall be limited to the difference | ||||||
11 | between the actual amount paid and the prevailing rate of wages | ||||||
12 | required to be paid for the project. The failure of a public | ||||||
13 | body or other entity to provide written notice under this | ||||||
14 | Section 4 does not diminish the right of a laborer, worker, or | ||||||
15 | mechanic to the prevailing rate of wages as determined under | ||||||
16 | this Act. | ||||||
17 | (a-4) Any individual, contractor, or subcontractor who has | ||||||
18 | been aggrieved by a falsely filed complaint may institute a | ||||||
19 | civil action for damages, including, but not limited to, | ||||||
20 | compensatory damages, legal fees, administrative fees, | ||||||
21 | penalties assessed by the Department of Labor pursuant to the | ||||||
22 | complaint, injunctive relief, and other appropriate equitable | ||||||
23 | relief. Any person found to knowingly file a false complaint | ||||||
24 | shall be liable to the individual, contractor, or subcontractor | ||||||
25 | who was falsely accused for damages as provided in this | ||||||
26 | subsection. |
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1 | (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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5 | 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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15 | (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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1 | 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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1 | (c) A public body or other entity shall also require in all | ||||||
2 | contractor's and subcontractor's bonds
that the contractor or | ||||||
3 | subcontractor include such provision as will guarantee the
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4 | faithful performance of such prevailing wage clause as provided | ||||||
5 | by
contract or other written instrument. All bid specifications | ||||||
6 | shall list the specified rates to all
laborers, workers and | ||||||
7 | mechanics in the locality for each craft or type of
worker or | ||||||
8 | mechanic needed to execute the contract.
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9 | (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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12 | responsible to notify the contractor and each subcontractor, of | ||||||
13 | the revised
rate.
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14 | (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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19 | 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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24 | (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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1 | 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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15 | (Source: P.A. 95-331, eff. 8-21-07; 96-437, eff. 1-1-10.)
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16 | (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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17 | Sec. 11a. The Director of the Department of Labor shall | ||||||
18 | publish in the
Illinois Register no less often than once each | ||||||
19 | calendar quarter a list of
contractors or subcontractors found | ||||||
20 | to have disregarded their obligations
to employees under this | ||||||
21 | Act. The Department of Labor shall determine the
contractors or | ||||||
22 | subcontractors who, on 2 separate occasions within 5 years, | ||||||
23 | have been
determined to have violated the provisions of this | ||||||
24 | Act. Upon such
determination the Department shall notify the | ||||||
25 | violating
contractor or subcontractor. Such contractor or |
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1 | subcontractor shall then
have 10 working days to request a | ||||||
2 | hearing by the Department on the alleged
violations. Failure to | ||||||
3 | respond within the 10 working day period shall
result in | ||||||
4 | automatic and immediate placement and publication on the list.
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5 | If the contractor or subcontractor requests a hearing within | ||||||
6 | the 10 working
day period, the Director shall set a hearing on | ||||||
7 | the alleged violations.
Such hearing shall take place no later | ||||||
8 | than 45 calendar days after the
receipt by the Department of | ||||||
9 | Labor of the request for a hearing.
The Department of Labor is | ||||||
10 | empowered to promulgate, adopt, amend and rescind
rules and | ||||||
11 | regulations to govern the hearing procedure. No contract shall
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12 | be awarded to a contractor or subcontractor appearing on the | ||||||
13 | list, or to
any firm, corporation, partnership or association | ||||||
14 | in which such contractor
or subcontractor has an interest until | ||||||
15 | 4 years have elapsed from the date
of publication of the list | ||||||
16 | containing the name of such contractor or
subcontractor. No | ||||||
17 | public body, including a home rule unit, is authorized to use | ||||||
18 | as a basis for denying a contract to a contractor or | ||||||
19 | subcontractor any complaint filed with the Department or any | ||||||
20 | determination by the Department that the contractor or | ||||||
21 | subcontractor has committed a violation under this Act, unless | ||||||
22 | the contractor or subcontractor is debarred at the time of the | ||||||
23 | bid as provided under this Section. This subsection is a | ||||||
24 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
25 | the Illinois Constitution on the concurrent exercise by home | ||||||
26 | rule units of powers and functions exercised by the State.
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1 | (Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)".
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