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92_HB5996eng HB5996 Engrossed LRB9215375WHcsC 1 AN ACT concerning employment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Prevailing Wage Act is amended by 5 changing Sections 4 and 5 as follows: 6 (820 ILCS 130/4) (from Ch. 48, par. 39s-4) 7 Sec. 4. The public body awarding any contract for public 8 work or otherwise undertaking any public works, shall 9 ascertain the general prevailing rate of hourly wages in the 10 locality in which the work is to be performed, for each craft 11 or type of worker or mechanic needed to execute the contract, 12 and where the public body performs the work without letting a 13 contract therefor, shall ascertain the prevailing rate of 14 wages on a per hour basis in the locality, and such public 15 body shall specify in the resolution or ordinance and in the 16 call for bids for the contract, that the general prevailing 17 rate of wages in the locality for each craft or type of 18 worker or mechanic needed to execute the contract or perform 19 such work, also the general prevailing rate for legal holiday 20 and overtime work, as ascertained by the public body or by 21 the Department of Labor shall be paid for each craft or type 22 of worker needed to execute the contract or to perform such 23 work, and it shall be mandatory upon the contractor to whom 24 the contract is awarded and upon any subcontractor under him, 25 and where the public body performs the work, upon the public 26 body, to pay not less than the specified rates to all 27 laborers, workers and mechanics employed by them in the 28 execution of the contract or such work; provided, however, 29 that if the public body desires that the Department of Labor 30 ascertain the prevailing rate of wages, it shall notify the 31 Department of Labor to ascertain the general prevailing rate HB5996 Engrossed -2- LRB9215375WHcsC 1 of hourly wages for work under contract, or for work 2 performed by a public body without letting a contract as 3 required in the locality in which the work is to be 4 performed, for each craft or type of worker or mechanic 5 needed to execute the contract or project or work to be 6 performed. Upon such notification the Department of Labor 7 shall ascertain such general prevailing rate of wages, and 8 certify the prevailing wage to such public body. The public 9 body awarding the contract shall cause to be inserted in the 10 contract a stipulation to the effect that not less than the 11 prevailing rate of wages as found by the public body or 12 Department of Labor or determined by the court on review 13 shall be paid to all laborers, workers and mechanics 14 performing work under the contract. It shall also require in 15 all such contractor's bonds that the contractor include such 16 provision as will guarantee the faithful performance of such 17 prevailing wage clause as provided by contract. All bid 18 specifications shall list the specified rates to all 19 laborers, workers and mechanics in the locality for each 20 craft or type of worker or mechanic needed to execute the 21 contract. If the Department of Labor revises the prevailing 22 rate of hourly wages to be paid by the public body, the 23 revised rate shall apply to such contract, and the public 24 body shall be responsible to notify the contractor and each 25 subcontractor, of the revised rate. Two or more investigatory 26 hearings under this Section on the issue of establishing a 27 new prevailing wage classification for a particular craft or 28 type of worker shall be consolidated in a single hearing 29 before the Department. Such consolidation shall occur 30 whether each separate investigatory hearing is conducted by a 31 public body or the Department. The party requesting a 32 consolidated investigatory hearing shall have the burden of 33 establishing that there is no existing prevailing wage 34 classification for the particular craft or type of worker in HB5996 Engrossed -3- LRB9215375WHcsC 1 any of the localities under consideration. 2 (Source: P.A. 86-799.) 3 (820 ILCS 130/5) (from Ch. 48, par. 39s-5) 4 Sec. 5. The contractor and each subcontractor or the 5 officer of the public body in charge of the project shall 6 keep or cause to be kept, an accurate record showing the 7 names and occupation of all laborers, workers and mechanics 8 employed by them, in connection with said public work, and 9 showing also the actual hourly wages paid to each of such 10 persons, which record shall be open at all reasonable hours 11 to the inspection of the public body awarding the contract, 12 its officers and agents, and to the Director of Labor and his 13 deputies and agents. Any contractor or subcontractor that 14 maintains its principal place of business outside of this 15 State shall make the required records or accurate copies of 16 those records available within this State at all reasonable 17 hours for inspection. 18 (Source: P.A. 81-992.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.