Sen. Gary Forby
Filed: 3/18/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 219 




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    AMENDMENT NO. ______. Amend Senate Bill 219 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Prevailing Wage Act is amended  by changing 
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Section 4 as follows:
 



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    (820 ILCS 130/4)  (from Ch. 48, par. 39s-4)



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    Sec. 4. (a) The public body awarding any contract for 
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public work or
otherwise undertaking any public works, shall 
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ascertain the general
prevailing rate of hourly wages in the 
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locality in which the work is to
be performed, for each craft 
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or type of worker or mechanic needed to
execute the contract, 
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and where the public body performs the work
without letting a 
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contract therefor, shall ascertain the prevailing rate
of wages 
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on a per hour basis in the locality, and such public body shall

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specify in the resolution or ordinance and in the call for bids 
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for the
contract, that the general prevailing rate of wages in 
 


 






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the locality for
each craft or type of worker or mechanic 
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needed to execute the contract
or perform such work, also the 
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general prevailing rate for legal holiday
and overtime work, as 
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ascertained by the public body or by the
Department of Labor 
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shall be paid for each craft or type of worker
needed to 
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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 
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and upon
any subcontractor under him, and where the public body 
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performs the
work, upon the public body, to pay not less than 
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the specified rates to
all laborers, workers and mechanics 
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employed by them in the execution of
the contract or such work; 
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provided, however, that if the public body
desires that the 
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Department of Labor ascertain the prevailing rate of
wages, it 
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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 
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work
performed by a public body without letting a contract as 
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required in the
locality in which the work is to be performed, 
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for each craft or type of
worker or mechanic needed to execute 
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the contract or project or work to
be performed. Upon such 
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notification the Department of Labor shall
ascertain such 
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general prevailing rate of wages, and certify the
prevailing 
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wage to such public body.  The public body awarding the
contract 
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shall cause to be inserted in the project specifications and 
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the
contract a stipulation to the
effect that not less than the 
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prevailing rate of wages as found by the
public body or 
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Department of Labor or determined by the court on review
shall 
 


 






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be paid to all laborers, workers and mechanics performing work

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under the contract.

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    (b) It shall also be mandatory upon the contractor to whom 
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the contract is
awarded
to insert into each subcontract and 
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into the project specifications for each
subcontract a written 
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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 
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mechanics performing
work under the contract. It shall also be 
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mandatory upon each subcontractor to
cause to be inserted into 
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each lower tiered subcontract
and into the project 
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specifications for each lower tiered subcontract a
stipulation 
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to the effect that not less
than the prevailing rate of wages 
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shall be paid to all laborers, workers, and
mechanics 
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performing work under the contract. A contractor or 
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subcontractor who
fails to comply with this subsection (b) is 
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in violation of this Act.

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    (c) It shall also require in all such contractor's bonds

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that the contractor include such provision as will guarantee 
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the
faithful performance of such prevailing wage clause as 
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provided by
contract.  All bid specifications shall list the 
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specified rates to all
laborers, workers and mechanics in the 
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locality for each craft or type of
worker or mechanic needed to 
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execute the contract.

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    (d) If the Department of Labor
revises the prevailing rate 
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of hourly wages to be paid by the public body, the
revised rate 
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shall apply to such contract, and the public body shall be

 


 






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responsible to notify the contractor and each subcontractor, of 
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the revised
rate.

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    (e) Two or more investigatory hearings under this Section 
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on the issue
of establishing a new prevailing wage 
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classification for a particular craft
or type of worker shall 
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be consolidated in a single hearing before the
Department.  Such 
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consolidation shall occur whether each separate investigatory

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hearing is conducted by a public body or the Department.  The 
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party requesting
a consolidated investigatory hearing shall 
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have the burden of establishing that
there is no existing 
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prevailing wage classification for the particular craft or
type 
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of worker in any of the localities under consideration.

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    (f) It shall be mandatory upon the contractor or 
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construction manager
to whom a contract for public works is 
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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 
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on the project,
the prevailing wage rates for each craft or 
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type of worker
or mechanic needed to execute the contract or 
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project or
work to be performed.  A failure to post a prevailing 
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wage
rate as required by this Section is a violation of this 
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Act.

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    (g) The Department of Labor shall establish the  prevailing 
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wage classification of electric power line clearance tree 
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trimmer. 
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(Source: P.A. 95-331, eff. 8-21-07.)".