Bill Text: IL HB5759 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Prevailing Wage Act. Provides that a public body shall specify in the call for bids that each bidder be a responsible bidder. Requires contractors and subcontractors to report the hours worked by minorities and females. Requires the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority report that information to the General Assembly.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB5759 Detail]

Download: Illinois-2015-HB5759-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5759 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
820 ILCS 130/2 from Ch. 48, par. 39s-2
820 ILCS 130/4 from Ch. 48, par. 39s-4
820 ILCS 130/5 from Ch. 48, par. 39s-5
Amends the Prevailing Wage Act. Provides that a public body shall specify in the call for bids that each bidder be a responsible bidder. Requires contractors and subcontractors to report the hours worked by minorities and females. Requires the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority report that information to the General Assembly.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Sections 2, 4, and 5 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance

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Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond Act,
funds for school infrastructure under Section 6z-45 of the
State Finance Act, and funds for transportation purposes under
Section 4 of the General Obligation Bond Act. "Public works"
also includes (i) all projects financed in whole or in part
with funds from the Department of Commerce and Economic
Opportunity under the Illinois Renewable Fuels Development
Program Act for which there is no project labor agreement; (ii)
all work performed pursuant to a public private agreement under
the Public Private Agreements for the Illiana Expressway Act or
the Public-Private Agreements for the South Suburban Airport
Act; and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business

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under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to

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be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
"Responsible bidder" means those individuals or firms

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meeting the requirements of Section 30-22 of the Illinois
Procurement Code.
(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
7-16-14.)
(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
Sec. 4. Ascertaining prevailing wage.
(a) The public body awarding any contract for public work
or otherwise undertaking any public works, shall ascertain the
general prevailing rate of hourly wages in the locality in
which the work is to be performed, for each craft or type of
worker or mechanic needed to execute the contract, and where
the public body performs the work without letting a contract
therefor, shall ascertain the prevailing rate of wages on a per
hour basis in the locality, and such public body shall specify
in the resolution or ordinance and in the call for bids for the
contract, that the general prevailing rate of wages in the
locality for each craft or type of worker or mechanic needed to
execute the contract or perform such work, also the general
prevailing rate for legal holiday and overtime work, as
ascertained by the public body or by the Department of Labor
shall be paid for each craft or type of worker needed to
execute the contract or to perform such work, and it shall be
mandatory upon the contractor to whom the contract is awarded
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
the specified rates to all laborers, workers and mechanics
employed by them in the execution of the contract or such work;
provided, however, that if the public body desires that the
Department of Labor ascertain the prevailing rate of wages, it
shall notify the Department of Labor to ascertain the general
prevailing rate of hourly wages for work under contract, or for
work performed by a public body without letting a contract as
required in the locality in which the work is to be performed,
for each craft or type of worker or mechanic needed to execute
the contract or project or work to be performed. Upon such
notification the Department of Labor shall ascertain such
general prevailing rate of wages, and certify the prevailing
wage to such public body.
(a-0.5) To effectuate the purpose and policy of this Act, a
public body awarding a contract for public work or otherwise
undertaking any public works shall specify in the call for bids
and shall require that each bidder be a responsible bidder.
(a-1) The public body or other entity awarding the contract
shall cause to be inserted in the project specifications and
the contract a stipulation to the effect that not less than the
prevailing rate of wages as found by the public body or
Department of Labor or determined by the court on review shall
be paid to all laborers, workers and mechanics performing work
under the contract.
(a-2) When a public body or other entity covered by this

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Act has awarded work to a contractor without a public bid,
contract or project specification, such public body or other
entity shall comply with subsection (a-1) by providing the
contractor with written notice on the purchase order related to
the work to be done or on a separate document indicating that
not less than the prevailing rate of wages as found by the
public body or Department of Labor or determined by the court
on review shall be paid to all laborers, workers, and mechanics
performing work on the project.
(a-3) Where a complaint is made and the Department of Labor
determines that a violation occurred, the Department of Labor
shall determine if proper written notice under this Section 4
was given. If proper written notice was not provided to the
contractor by the public body or other entity, the Department
of Labor shall order the public body or other entity to pay any
interest, penalties or fines that would have been owed by the
contractor if proper written notice were provided. The failure
by a public body or other entity to provide written notice does
not relieve the contractor of the duty to comply with the
prevailing wage rate, nor of the obligation to pay any back
wages, as determined under this Act. For the purposes of this
subsection, back wages shall be limited to the difference
between the actual amount paid and the prevailing rate of wages
required to be paid for the project. The failure of a public
body or other entity to provide written notice under this
Section 4 does not diminish the right of a laborer, worker, or

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mechanic to the prevailing rate of wages as determined under
this Act.
(b) It shall also be mandatory upon the contractor to whom
the contract is awarded to insert into each subcontract and
into the project specifications for each subcontract a written
stipulation to the effect that not less than the prevailing
rate of wages shall be paid to all laborers, workers, and
mechanics performing work under the contract. It shall also be
mandatory upon each subcontractor to cause to be inserted into
each lower tiered subcontract and into the project
specifications for each lower tiered subcontract a stipulation
to the effect that not less than the prevailing rate of wages
shall be paid to all laborers, workers, and mechanics
performing work under the contract. A contractor or
subcontractor who fails to comply with this subsection (b) is
in violation of this Act.
(b-1) When a contractor has awarded work to a subcontractor
without a contract or contract specification, the contractor
shall comply with subsection (b) by providing a subcontractor
with a written statement indicating that not less than the
prevailing rate of wages shall be paid to all laborers,
workers, and mechanics performing work on the project. A
contractor or subcontractor who fails to comply with this
subsection (b-1) is in violation of this Act.
(b-2) Where a complaint is made and the Department of Labor
determines that a violation has occurred, the Department of

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Labor shall determine if proper written notice under this
Section 4 was given. If proper written notice was not provided
to the subcontractor by the contractor, the Department of Labor
shall order the contractor to pay any interest, penalties, or
fines that would have been owed by the subcontractor if proper
written notice were provided. The failure by a contractor to
provide written notice to a subcontractor does not relieve the
subcontractor of the duty to comply with the prevailing wage
rate, nor of the obligation to pay any back wages, as
determined under this Act. For the purposes of this subsection,
back wages shall be limited to the difference between the
actual amount paid and the prevailing rate of wages required
for the project. However, if proper written notice was not
provided to the contractor by the public body or other entity
under this Section 4, the Department of Labor shall order the
public body or other entity to pay any interest, penalties, or
fines that would have been owed by the subcontractor if proper
written notice were provided. The failure by a public body or
other entity to provide written notice does not relieve the
subcontractor of the duty to comply with the prevailing wage
rate, nor of the obligation to pay any back wages, as
determined under this Act. For the purposes of this subsection,
back wages shall be limited to the difference between the
actual amount paid and the prevailing rate of wages required
for the project. The failure to provide written notice by a
public body, other entity, or contractor does not diminish the

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right of a laborer, worker, or mechanic to the prevailing rate
of wages as determined under this Act.
(c) A public body or other entity shall also require in all
contractor's and subcontractor's bonds that the contractor or
subcontractor include such provision as will guarantee the
faithful performance of such prevailing wage clause as provided
by contract or other written instrument. All bid specifications
shall list the specified rates to all laborers, workers and
mechanics in the locality for each craft or type of worker or
mechanic needed to execute the contract.
(d) If the Department of Labor revises the prevailing rate
of hourly wages to be paid by the public body or other entity,
the revised rate shall apply to such contract, and the public
body or other entity shall be responsible to notify the
contractor and each subcontractor, of the revised rate.
The public body or other entity shall discharge its duty to
notify of the revised rates by inserting a written stipulation
in all contracts or other written instruments that states the
prevailing rate of wages are revised by the Department of Labor
and are available on the Department's official website. This
shall be deemed to be proper notification of any rate changes
under this subsection.
(e) Two or more investigatory hearings under this Section
on the issue of establishing a new prevailing wage
classification for a particular craft or type of worker shall
be consolidated in a single hearing before the Department. Such

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consolidation shall occur whether each separate investigatory
hearing is conducted by a public body or the Department. The
party requesting a consolidated investigatory hearing shall
have the burden of establishing that there is no existing
prevailing wage classification for the particular craft or type
of worker in any of the localities under consideration.
(f) It shall be mandatory upon the contractor or
construction manager to whom a contract for public works is
awarded to post, at a location on the project site of the
public works that is easily accessible to the workers engaged
on the project, the prevailing wage rates for each craft or
type of worker or mechanic needed to execute the contract or
project or work to be performed. In lieu of posting on the
project site of the public works, a contractor which has a
business location where laborers, workers, and mechanics
regularly visit may: (1) post in a conspicuous location at that
business the current prevailing wage rates for each county in
which the contractor is performing work; or (2) provide such
laborer, worker, or mechanic engaged on the public works
project a written notice indicating the prevailing wage rates
for the public works project. A failure to post or provide a
prevailing wage rate as required by this Section is a violation
of this Act.
(Source: P.A. 96-437, eff. 1-1-10; 97-964, eff. 1-1-13.)
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)

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Sec. 5. Certified payroll.
(a) Any contractor and each subcontractor who participates
in public works shall:
(1) make and keep, for a period of not less than 3
years from the date of the last payment made before January
1, 2014 (the effective date of Public Act 98-328) and for a
period of 5 years from the date of the last payment made on
or after January 1, 2014 (the effective date of Public Act
98-328) on a contract or subcontract for public works,
records of all laborers, mechanics, and other workers
employed by them on the project; the records shall include
(i) the worker's name, (ii) the worker's address, (iii) the
worker's telephone number when available, (iv) the
worker's social security number, (v) the worker's
classification or classifications, (vi) the worker's gross
and net wages paid in each pay period, (vii) the worker's
number of hours worked each day, (viii) the worker's
starting and ending times of work each day, (ix) the
worker's hourly wage rate, (x) the worker's hourly overtime
wage rate, (xi) the worker's hourly fringe benefit rates,
(xii) the name and address of each fringe benefit fund,
(xiii) the plan sponsor of each fringe benefit, if
applicable, and (xiv) the plan administrator of each fringe
benefit, if applicable; and
(2) no later than the 15th day of each calendar month
file a certified payroll for the immediately preceding

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month with the public body in charge of the project. A
certified payroll must be filed for only those calendar
months during which construction on a public works project
has occurred. The certified payroll shall consist of a
complete copy of the records identified in paragraph (1) of
this subsection (a), but may exclude the starting and
ending times of work each day. The certified payroll shall
be accompanied by a statement signed by the contractor or
subcontractor or an officer, employee, or agent of the
contractor or subcontractor which avers that: (i) he or she
has examined the certified payroll records required to be
submitted by the Act and such records are true and
accurate; (ii) the hourly rate paid to each worker is not
less than the general prevailing rate of hourly wages
required by this Act; and (iii) the contractor or
subcontractor is aware that filing a certified payroll that
he or she knows to be false is a Class A misdemeanor. A
general contractor is not prohibited from relying on the
certification of a lower tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification. Any contractor or
subcontractor subject to this Act and any officer,
employee, or agent of such contractor or subcontractor
whose duty as such officer, employee, or agent it is to
file such certified payroll who willfully fails to file
such a certified payroll on or before the date such

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certified payroll is required by this paragraph to be filed
and any person who willfully files a false certified
payroll that is false as to any material fact is in
violation of this Act and guilty of a Class A misdemeanor.
The public body in charge of the project shall keep the
records submitted in accordance with this paragraph (2) of
subsection (a) before January 1, 2014 (the effective date
of Public Act 98-328) for a period of not less than 3
years, and the records submitted in accordance with this
paragraph (2) of subsection (a) on or after January 1, 2014
(the effective date of Public Act 98-328) for a period of 5
years, from the date of the last payment for work on a
contract or subcontract for public works. The records
submitted in accordance with this paragraph (2) of
subsection (a) shall be considered public records, except
an employee's address, telephone number, and social
security number, and made available in accordance with the
Freedom of Information Act. The public body shall accept
any reasonable submissions by the contractor that meet the
requirements of this Section; and .
(3) identify and report to the public body in charge of
the project the number of hours worked by minorities and
females, as defined in the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act,
for each craft or type of worker or mechanic needed to
execute the contract. Each contractor and subcontractor

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shall provide this information on a certified payroll
report, or on a monthly manpower utilization report.
A contractor, subcontractor, or public body may retain
records required under this Section in paper or electronic
format.
(b) Upon 7 business days' notice, the contractor and each
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in paragraph (1) of subsection (a) of this
Section to the public body in charge of the project, its
officers and agents, the Director of Labor and his deputies and
agents, and to federal, State, or local law enforcement
agencies and prosecutors.
(c) A contractor or subcontractor who remits contributions
to fringe benefit funds that are jointly maintained and jointly
governed by one or more employers and one or more labor
organizations in accordance with the federal Labor Management
Relations Act shall make and keep certified payroll records
that include the information required under items (i) through
(viii) of paragraph (1) of subsection (a) only. However, the
information required under items (ix) through (xiv) of
paragraph (1) of subsection (a) shall be required for any
contractor or subcontractor who remits contributions to a
fringe benefit fund that is not jointly maintained and jointly
governed by one or more employers and one or more labor
organizations in accordance with the federal Labor Management

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Relations Act.
(d) No later than October 1 of each year, the following
State agencies shall submit a report to the General Assembly
compiling the total number of hours worked during the
immediately preceding fiscal year by minorities and females as
reported in accordance with subsection (a): the Illinois
Capital Development Board, Illinois Department of
Transportation, and Illinois State Toll Highway Authority.
This report shall be filed as provided in Section 3.1 of the
General Assembly Organization Act.
(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
eff. 1-1-14; 98-756, eff. 7-16-14.)