Bill Text: IL SB2242 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning State policy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB2242 Detail]
Download: Illinois-2011-SB2242-Amended.html
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1 | AMENDMENT TO SENATE BILL 2242
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2 | AMENDMENT NO. ______. Amend Senate Bill 2242 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 | Section 4 as follows:
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6 | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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7 | 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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1 | contract, that the general prevailing rate of wages in the | ||||||
2 | locality for
each craft or type of worker or mechanic needed to | ||||||
3 | execute the contract
or perform such work, also the general | ||||||
4 | prevailing rate for legal holiday
and overtime work, as | ||||||
5 | ascertained by the public body or by the
Department of Labor | ||||||
6 | shall be paid for each craft or type of worker
needed to | ||||||
7 | execute the contract or to perform such work, and it shall be
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8 | mandatory upon the contractor to whom the contract is awarded | ||||||
9 | and upon
any subcontractor under him, and where the public body | ||||||
10 | performs the
work, upon the public body, to pay not less than | ||||||
11 | the specified rates to
all laborers, workers and mechanics | ||||||
12 | employed by them in the execution of
the contract or such work; | ||||||
13 | provided, however, that if the public body
desires that the | ||||||
14 | Department of Labor ascertain the prevailing rate of
wages, it | ||||||
15 | shall notify the Department of Labor to ascertain the general
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16 | prevailing rate of hourly wages for work under contract, or for | ||||||
17 | work
performed by a public body without letting a contract as | ||||||
18 | required in the
locality in which the work is to be performed, | ||||||
19 | for each craft or type of
worker or mechanic needed to execute | ||||||
20 | the contract or project or work to
be performed. Upon such | ||||||
21 | notification the Department of Labor shall
ascertain such | ||||||
22 | general prevailing rate of wages, and certify the
prevailing | ||||||
23 | wage to such public body. | ||||||
24 | (a-1) The public body or other entity awarding the
contract | ||||||
25 | shall cause to be inserted in the project specifications and | ||||||
26 | the
contract a stipulation to the
effect that not less than the |
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1 | prevailing rate of wages as found by the
public body or | ||||||
2 | Department of Labor or determined by the court on review
shall | ||||||
3 | be paid to all laborers, workers and mechanics performing work
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4 | under the contract.
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5 | (a-2) When a public body or other entity covered by this | ||||||
6 | Act has awarded work to a contractor without a public bid, | ||||||
7 | contract or project specification, such public body or other | ||||||
8 | entity shall comply with subsection (a-1) by providing the | ||||||
9 | contractor with written notice on the purchase order related to | ||||||
10 | the work to be done or on a separate document indicating that | ||||||
11 | not less than the prevailing rate of wages as found by the | ||||||
12 | public body or Department of Labor or determined by the court | ||||||
13 | on review shall be paid to all laborers, workers, and mechanics | ||||||
14 | performing work on the project. | ||||||
15 | (a-3) Where a complaint is made and the Department of Labor | ||||||
16 | determines that a violation occurred, the Department of Labor | ||||||
17 | shall determine if proper written notice under this Section 4 | ||||||
18 | was given. If proper written notice was not provided to the | ||||||
19 | contractor by the public body or other entity, the Department | ||||||
20 | of Labor shall order the public body or other entity to pay any | ||||||
21 | interest, penalties or fines that would have been owed by the | ||||||
22 | contractor if proper written notice were provided. The failure | ||||||
23 | by a public body or other entity to provide written notice does | ||||||
24 | not relieve the contractor of the duty to comply with the | ||||||
25 | prevailing wage rate, nor of the obligation to pay any back | ||||||
26 | wages, as determined under this Act. For the purposes of this |
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1 | subsection, back wages shall be limited to the difference | ||||||
2 | between the actual amount paid and the prevailing rate of wages | ||||||
3 | required to be paid for the project. The failure of a public | ||||||
4 | body or other entity to provide written notice under this | ||||||
5 | Section 4 does not diminish the right of a laborer, worker, or | ||||||
6 | mechanic to the prevailing rate of wages as determined under | ||||||
7 | this Act. | ||||||
8 | (b) It shall also be mandatory upon the contractor to whom | ||||||
9 | the contract is
awarded
to insert into each subcontract and | ||||||
10 | into the project specifications for each
subcontract a written | ||||||
11 | stipulation to the effect that not less than the
prevailing
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12 | rate of wages shall be paid to all laborers, workers, and | ||||||
13 | mechanics performing
work under the contract. It shall also be | ||||||
14 | mandatory upon each subcontractor to
cause to be inserted into | ||||||
15 | each lower tiered subcontract
and into the project | ||||||
16 | specifications for each lower tiered subcontract a
stipulation | ||||||
17 | to the effect that not less
than the prevailing rate of wages | ||||||
18 | shall be paid to all laborers, workers, and
mechanics | ||||||
19 | performing work under the contract. A contractor or | ||||||
20 | subcontractor who
fails to comply with this subsection (b) is | ||||||
21 | in violation of this Act.
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22 | (b-1) When a contractor has awarded work to a subcontractor | ||||||
23 | without a contract or contract specification, the contractor | ||||||
24 | shall comply with subsection (b) by providing a subcontractor | ||||||
25 | with a written statement indicating that not less than the | ||||||
26 | prevailing rate of wages shall be paid to all laborers, |
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1 | workers, and mechanics performing work on the project. A | ||||||
2 | contractor or subcontractor who fails to comply with this | ||||||
3 | subsection (b-1) is in violation of this Act. | ||||||
4 | (b-2) Where a complaint is made and the Department of Labor | ||||||
5 | determines that a violation has occurred, the Department of | ||||||
6 | Labor shall determine if proper written notice under this | ||||||
7 | Section 4 was given. If proper written notice was not provided | ||||||
8 | to the subcontractor by the contractor, the Department of Labor | ||||||
9 | shall order the contractor to pay any interest, penalties, or | ||||||
10 | fines that would have been owed by the subcontractor if proper | ||||||
11 | written notice were provided. The failure by a contractor to | ||||||
12 | provide written notice to a subcontractor does not relieve the | ||||||
13 | subcontractor of the duty to comply with the prevailing wage | ||||||
14 | rate, nor of the obligation to pay any back wages, as | ||||||
15 | determined under this Act. For the purposes of this subsection, | ||||||
16 | back wages shall be limited to the difference between the | ||||||
17 | actual amount paid and the prevailing rate of wages required | ||||||
18 | for the project. However, if proper written notice was not | ||||||
19 | provided to the contractor by the public body or other entity | ||||||
20 | under this Section 4, the Department of Labor shall order the | ||||||
21 | public body or other entity to pay any interest, penalties, or | ||||||
22 | fines that would have been owed by the subcontractor if proper | ||||||
23 | written notice were provided. The failure by a public body or | ||||||
24 | other entity to provide written notice does not relieve the | ||||||
25 | subcontractor of the duty to comply with the prevailing wage | ||||||
26 | rate, nor of the obligation to pay any back wages, as |
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1 | determined under this Act. For the purposes of this subsection, | ||||||
2 | back wages shall be limited to the difference between the | ||||||
3 | actual amount paid and the prevailing rate of wages required | ||||||
4 | for the project. The failure to provide written notice by a | ||||||
5 | public body, other entity, or contractor does not diminish the | ||||||
6 | right of a laborer, worker, or mechanic to the prevailing rate | ||||||
7 | of wages as determined under this Act. | ||||||
8 | (c) A public body or other entity shall also require in all | ||||||
9 | contractor's and subcontractor's bonds
that the contractor or | ||||||
10 | subcontractor include such provision as will guarantee the
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11 | faithful performance of such prevailing wage clause as provided | ||||||
12 | by
contract or other written instrument. All bid specifications | ||||||
13 | shall list the specified rates to all
laborers, workers and | ||||||
14 | mechanics in the locality for each craft or type of
worker or | ||||||
15 | mechanic needed to execute the contract.
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16 | (d) If the Department of Labor
revises the prevailing rate | ||||||
17 | of hourly wages to be paid by the public body, the
revised rate | ||||||
18 | shall apply to such contract, and the public body shall be
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19 | responsible to notify the contractor and each subcontractor, of | ||||||
20 | the revised
rate.
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21 | (e) Two or more investigatory hearings under this Section | ||||||
22 | on the issue
of establishing a new prevailing wage | ||||||
23 | classification for a particular craft
or type of worker shall | ||||||
24 | be consolidated in a single hearing before the
Department. Such | ||||||
25 | consolidation shall occur whether each separate investigatory
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26 | hearing is conducted by a public body or the Department. The |
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1 | party requesting
a consolidated investigatory hearing shall | ||||||
2 | have the burden of establishing that
there is no existing | ||||||
3 | prevailing wage classification for the particular craft or
type | ||||||
4 | of worker in any of the localities under consideration.
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5 | (f) It shall be mandatory upon the contractor or | ||||||
6 | construction manager
to whom a contract for public works is | ||||||
7 | awarded to post, at a
location on the project site of the | ||||||
8 | public works that is
easily accessible to the workers engaged | ||||||
9 | on the project,
the prevailing wage rates for each craft or | ||||||
10 | type of worker
or mechanic needed to execute the contract or | ||||||
11 | project or
work to be performed. In lieu of posting on the | ||||||
12 | project site of the public works, a contractor which has a | ||||||
13 | business location where laborers, workers, and mechanics | ||||||
14 | regularly visit may: (1) post in a conspicuous location at that | ||||||
15 | business the current prevailing wage rates for each county in | ||||||
16 | which the contractor is performing work; or (2) provide such | ||||||
17 | laborer, worker, or mechanic engaged on the public works | ||||||
18 | project a written notice indicating the prevailing wage rates | ||||||
19 | for the public works project. A failure to post or provide a | ||||||
20 | prevailing wage
rate as required by this Section is a violation | ||||||
21 | of this Act.
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22 | (g) Notwithstanding any other provision of this Act, | ||||||
23 | separate
classifications for landscape plantsman, landscape | ||||||
24 | driver,
and landscape equipment operator shall be recognized | ||||||
25 | under
this Act, and the prevailing rate of hourly wages for | ||||||
26 | those
classifications shall be the rates that prevail in the
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1 | landscape industry as determined by the U.S. Department of
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2 | Labor. | ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07; 96-437, eff. 1-1-10.)".
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