Illinois 96th Regular Session Status: Enacted

SB 43 — PREVAILING WAGE-PROJECTS

Last action — Public Act . . . . . . . . . 96-1254

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2009. Enacted.

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Likely to advance 70% · moderate confidence

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Prevailing Wage Act. Provides that "public works" includes all projects located in an enterprise zone as defined in the Illinois Enterprise Zone Act or located in an economic development project area as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, but does not include projects at an owner-occupied single family residence or owner-occupied multi-family residence located in an enterprise zone or economic development project area. Provides that all contractors and subcontractors required to pay the prevailing wage under the Act shall make payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of tools, or any other thing of any kind or description. Provides that the Department of Labor shall make revised prevailing wage rates available on its official website and such posting on the website shall be deemed notice to the contractor or subcontractor of the revised rate. Provides that the contractor or subcontractor shall be responsible to pay the revised rate. Provides that in lieu of posting the prevailing wage rates 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. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

287 added · 615 removed

Plain-language change summary

The recent amendments to Bill SB 43 made changes to the Illinois Pension Code, specifically regarding how health care benefits for retirees of the Chicago Transit Authority will be handled. The updated version clearly outlines the establishment of a Retiree Health Care Trust responsible for managing health care benefits separately from the retirement system, aiming for this separation to be completed by July 1, 2009. This matters because it ensures that retirees have dedicated resources for their health care needs without relying on the retirement fund, helping to secure their benefits more effectively. In contrast, another section of the bill related to the Prevailing Wage Act was removed, which means discussions around wage definitions and applicability in public works projects are no longer part of this legislation.

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SB0043 Engrossed LRB096 03898 RLC 13933 b AN ACT concerning employment.
SB0043 Enrolled LRB096 03898 RLC 13933 b AN ACT concerning employment.
The Prevailing Wage Act is amended by changing Sections 2, 3, 4, 6, 9, 11, and 11b as follows:
The Illinois Pension Code is amended by changing Section 22-101B as follows:
(820 ILCS 130/2) (from Ch.
(40 ILCS 5/22-101B) Sec.
48, par.
22-101B.
39s-2) Sec.
Health Care Benefits.
2.
(a) The Chicago Transit Authority (hereinafter referred to in this Section as the "Authority") shall take all actions lawfully available to it to separate the funding of health care benefits for retirees and their dependents and survivors from the funding for its retirement system.
Applicability;
The Authority shall endeavor to achieve this separation as soon as possible, and in any event no later than July 1, 2009.
definitions.
(b) Effective 90 days after the effective date of this amendatory Act of the 95th General Assembly, a Retiree Health Care Trust is established for the purpose of providing health care benefits to eligible retirees and their dependents and survivors in accordance with the terms and conditions set forth in this Section 22-101B.
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.
The Retiree Health Care Trust shall be solely responsible for providing health care benefits to eligible retirees and their dependents and survivors upon the exhaustion of the account established by the Retirement Plan SB0043 Enrolled - 2 - LRB096 03898 RLC 13933 b for Chicago Transit Authority Employees pursuant to Section 401(h) of the Internal Revenue Code, but no earlier than January 1, 2009 and no later than July 1, 2009 by no later than July 1, 2009, but no earlier than January 1, 2009.
This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.
(1) The Board of Trustees shall consist of 7 members appointed as follows:
As used in this Act, unless the context indicates otherwise:
(i) 3 trustees shall be appointed by the Chicago Transit Board;
"Public works" means all fixed works constructed by any public body, other than 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.
(ii) one trustee shall be appointed by an organization representing the highest number of Chicago Transit Authority participants;
"Public works" as defined herein includes all projects financed in whole or in part with 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 Authority Act, the Illinois SB0043 Engrossed - 2 - LRB096 03898 RLC 13933 b Sports Facilities Authority Act, or the Build Illinois Bond Act, and all projects financed in whole or in part with loans or other funds made available pursuant to the Build Illinois Act.
(iii) one trustee shall be appointed by an organization representing the second-highest number of Chicago Transit Authority participants;
"Public works" also includes all projects financed in whole or in part with 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.
(iv) one trustee shall be appointed by the recognized coalition representatives of participants who are not represented by an organization with the highest or second-highest number of Chicago Transit Authority participants;
"Public works" also includes 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.
and (v) one trustee shall be selected by the Regional Transportation Authority Board of Directors, and the trustee shall be a professional fiduciary who has experience in the area of collectively bargained retiree health plans.
"Public works" also includes all projects at leased facility property used for airport purposes under Section 35 of the Local Government Facility Lease Act .
Trustees shall serve until a successor has been appointed and qualified, or until resignation, death, incapacity, or disqualification.
Public works" also includes (1) all projects located in an enterprise zone as defined in the Illinois Enterprise Zone Act, excepting projects performed by a business enterprise located in an enterprise zone where that business enterprise existed prior to the adoption of an initiating ordinance pursuant to subsection (a) of Section 5 of the Illinois Enterprise Zone Act, or projects located in an economic development project area as defined in the Economic Development Project Area Tax Increment SB0043 Engrossed - 3 - LRB096 03898 RLC 13933 b Allocation Act of 1995, excepting projects performed by a business enterprise located in an economic development project area where that business enterprise existed prior to a municipality initiating an economic development plan as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, or (2) regardless of the exceptions contained in clause (1), any project that will derive a financial benefit, in whole or in part, from loans, grants, subsidies, incentives, or other financial benefit made available pursuant to the Illinois Enterprise Zone Act or the Economic Development Project Area.
Any person appointed as a trustee of the board shall qualify by taking an oath of office that he or she will diligently and honestly administer the affairs of the system, and will not knowingly violate or willfully permit SB0043 Enrolled - 3 - LRB096 03898 RLC 13933 b the violation of any of the provisions of law applicable to the Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115 of Article 1 of the Illinois Pension Code.
Provided however, "public works" shall not include projects at an owner-occupied single family residence, excepting single-family tract housing, or at an owner-occupied multi-family residence with 6 or fewer units located in an enterprise zone or an economic development project area.
Each trustee shall cast individual votes, and a majority vote shall be final and binding upon all interested parties, provided that the Board of Trustees may require a supermajority vote with respect to the investment of the assets of the Retiree Health Care Trust, and may set forth that requirement in the trust agreement or by-laws of the Board of Trustees.
"Construction" means all work on public works involving laborers, workers or mechanics.
Each trustee shall have the rights, privileges, authority and obligations as are usual and customary for such fiduciaries.
This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.
(2) The Board of Trustees shall establish and administer a health care benefit program for eligible retirees and their dependents and survivors.
"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 SB0043 Engrossed - 4 - LRB096 03898 RLC 13933 b 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.
Any The health care benefit program established by the Board of Trustees for eligible retirees and their dependents and survivors effective on or after July 1, 2009 shall not contain any plan which provides for more than 90% coverage for in-network services or 70% coverage for out-of-network services after any deductible has been paid, except that coverage through a health maintenance organization ("HMO") may be provided at 100%.
"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.
(3) The Retiree Health Care Trust shall be administered by the Board of Trustees according to the following SB0043 Enrolled - 4 - LRB096 03898 RLC 13933 b requirements:
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 fringe benefits for training and apprenticeship programs approved by the U.S.
(i) The Board of Trustees may cause amounts on deposit in the Retiree Health Care Trust to be invested in those investments that are permitted investments for the investment of moneys held under any one or more of the pension or retirement systems of the State, any unit of local government or school district, or any agency or instrumentality thereof.
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.
The Board, by a vote of at least two-thirds of the trustees, may transfer investment management to the Illinois State Board of Investment, which is hereby authorized to manage these investments when so requested by the Board of Trustees.
"Contractor" or "subcontractor" means any person or entity SB0043 Engrossed - 5 - LRB096 03898 RLC 13933 b who undertakes to, offers to undertake to, purports to have the capacity to undertake to, submits a bid to, or does himself or herself or by or through others, engage in public works.
(ii) The Board of Trustees shall establish and maintain an appropriate funding reserve level which shall not be less than the amount of incurred and unreported claims plus 12 months of expected claims and administrative expenses.
(iii) The Board of Trustees shall make an annual assessment of the funding levels of the Retiree Health Care Trust and shall submit a report to the Auditor General at least 90 days prior to the end of the fiscal year.
The report shall provide the following:
(A) the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors;
(B) the actuarial present value of projected SB0043 Enrolled - 5 - LRB096 03898 RLC 13933 b contributions and trust income plus assets;
(C) the reserve required by subsection (b)(3)(ii);
and (D) an assessment of whether the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors exceeds or is less than the actuarial present value of projected contributions and trust income plus assets in excess of the reserve required by subsection (b)(3)(ii).
If the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors exceeds the actuarial present value of projected contributions and trust income plus assets in excess of the reserve required by subsection (b)(3)(ii), then the report shall provide a plan , to be implemented over a period of not more than 10 years from each valuation date, which would make the actuarial present value of projected contributions and trust income plus assets equal to or exceed the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors.
The plan may consist of increases in employee, retiree, dependent, or survivor contribution levels, decreases SB0043 Enrolled - 6 - LRB096 03898 RLC 13933 b in benefit levels, or other plan changes or any combination thereof both, which is projected to cure the shortfall over a period of not more than 10 years.
If the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors is less than the actuarial present value of projected contributions and trust income plus assets in excess of the reserve required by subsection (b)(3)(ii), then the report may provide a plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit levels, or other plan changes, or any combination thereof both, to the extent of the surplus.
(iv) The Auditor General shall review the report and plan provided in subsection (b)(3)(iii) and issue a determination within 90 days after receiving the report and plan, with a copy of such determination provided to the General Assembly and the Regional Transportation Authority, as follows:
(A) In the event of a projected shortfall, if the Auditor General determines that the assumptions stated in the report are not unreasonable in the aggregate and that the plan of increases in employee, retiree, dependent, or survivor contribution levels, decreases in benefit levels, or other plan changes, or any combination SB0043 Enrolled - 7 - LRB096 03898 RLC 13933 b thereof, to be implemented over a period of not more than 10 years from each valuation date both, is reasonably projected to make the actuarial present value of projected contributions and trust income plus assets equal to or in excess of the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors cure the shortfall over a period of not more than 10 years, then the Board of Trustees shall implement the plan.
If the Auditor General determines that the assumptions stated in the report are unreasonable in the aggregate, or that the plan of increases in employee, retiree, dependent, or survivor contribution levels, decreases in benefit levels, or other plan changes to be implemented over a period of not more than 10 years from each valuation date both, is not reasonably projected to make the actuarial present value of projected contributions and trust income plus assets equal to or in excess of the actuarial present value of projected benefits expected to be paid to current and future retirees and their dependents and survivors cure the shortfall over a period of not more than 10 years, then the Board of Trustees shall not implement the plan, the Auditor General SB0043 Enrolled - 8 - LRB096 03898 RLC 13933 b shall explain the basis for such determination to the Board of Trustees, and the Auditor General may make recommendations as to an alternative report and plan.
(B) In the event of a projected surplus, if the Auditor General determines that the assumptions stated in the report are not unreasonable in the aggregate and that the plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit levels, or both, is not unreasonable in the aggregate, then the Board of Trustees shall implement the plan.
If the Auditor General determines that the assumptions stated in the report are unreasonable in the aggregate, or that the plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit levels, or both, is unreasonable in the aggregate, then the Board of Trustees shall not implement the plan, the Auditor General shall explain the basis for such determination to the Board of Trustees, and the Auditor General may make recommendations as to an alternative report and plan.
(C) The Board of Trustees shall submit an alternative report and plan within 45 days after receiving a rejection determination by the Auditor SB0043 Enrolled - 9 - LRB096 03898 RLC 13933 b General.
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A determination by the Auditor General on any alternative report and plan submitted by the Board of Trustees shall be made within 90 days after receiving the alternative report and plan, and shall be accepted or rejected according to the requirements of this subsection (b)(3)(iv).
The Board of Trustees shall continue to submit alternative reports and plans to the Auditor General, as necessary, until a favorable determination is made by the Auditor General.
(4) For any retiree who first retires effective on or after January 18, 2008, to be eligible for retiree health care benefits upon retirement, the retiree must be at least 55 years of age, retire with 10 or more years of continuous service and satisfy the preconditions established by Public Act 95-708 in addition to any rules or regulations promulgated by the Board of Trustees.
Notwithstanding the foregoing, any retiree hired on or before September 5, 2001 who retires retired prior to the effective date of this amendatory Act with 25 years or more of continuous service, or who retires within 90 days after the effective date of this amendatory Act or by January 1, 2009, whichever is later, with 25 years or more of continuous service, shall be eligible for retiree health care benefits upon retirement in accordance with any rules or regulations adopted by the Board of Trustees;
provided he or she SB0043 Enrolled - 10 - LRB096 03898 RLC 13933 b retires prior to the full execution of the successor collective bargaining agreement to the collective bargaining agreement that became effective January 1, 2007 between the Authority and the organizations representing the highest and second-highest number of Chicago Transit Authority participants.
This paragraph (4) shall not apply to a disability allowance.
(5) Effective January 1, 2009, the aggregate amount of retiree, dependent and survivor contributions to the cost of their health care benefits shall not exceed more than 45% of the total cost of such benefits.
The Board of Trustees shall have the discretion to provide different contribution levels for retirees, dependents and survivors based on their years of service, level of coverage or Medicare eligibility, provided that the total contribution from all retirees, dependents, and survivors shall be not more than 45% of the total cost of such benefits.
The term "total cost of such benefits" for purposes of this subsection shall be the total amount expended by the retiree health benefit program in the prior plan year, as calculated and certified in writing by the Retiree Health Care Trust's enrolled actuary to be appointed and paid for by the Board of Trustees.
(6) Effective January 18, 2008, all employees of the Authority shall contribute to the Retiree Health Care Trust in an amount not less than 3% of compensation.
SB0043 Enrolled - 11 - LRB096 03898 RLC 13933 b (7) No earlier than January 1, 2009 and no later than July 1, 2009 as the Retiree Health Care Trust becomes solely responsible for providing health care benefits to eligible retirees and their dependents and survivors in accordance with subsection (b) of this Section 22-101B, the Authority shall not have any obligation to provide health care to current or future retirees and their dependents or survivors.
Employees, retirees, dependents, and survivors who are required to make contributions to the Retiree Health Care Trust shall make contributions at the level set by the Board of Trustees pursuant to the requirements of this Section 22-101B.
94-750, eff.
95-708, eff.
5-9-06;
1-18-08;
95-341, eff.
95-906, eff.
8-21-07.) (820 ILCS 130/3) (from Ch.
8-26-08.) Section 90.
48, par.
The State Mandates Act is amended by adding Section 8.34 as follows:
39s-3) Sec.
(30 ILCS 805/8.34 new) Sec.
3.
8.34.
Requirements to pay prevailing wage.
Exempt mandate.
Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work, shall be paid to all laborers, workers and mechanics employed by or on behalf of any public body engaged in the construction of public works.
Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.
This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.
Laborers Only such laborers, workers, and mechanics as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job shall be deemed to be employed upon public works.
Laborers, and laborers, workers, and mechanics engaged in the transportation of materials and equipment to or from the site, but not including the transportation by the sellers and suppliers or the manufacture or processing of materials or equipment, in the execution of any contract or contracts for public works with any public body shall also be deemed to be employed upon public works.
The wage SB0043 Engrossed - 6 - LRB096 03898 RLC 13933 b for a tradesman performing maintenance is equivalent to that of a tradesman engaged in construction.
All contractors and subcontractors required to pay the prevailing wage under this Act shall make payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of tools, or any other thing of any kind or description.
(Source:
P.A.
95-341, eff.
8-21-07.) (820 ILCS 130/4) (from Ch.
48, par.
39s-4) Sec.
4.
Ascertaining prevailing wage;
compliance.
(a) The public body awarding any contract for public works 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.
Such , 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 SB0043 Engrossed - 7 - LRB096 03898 RLC 13933 b execute the contract or to perform such work.
, and it (a-1) It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, and where the public body 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-2) 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-3) When a public body or other entity covered by this Act has awarded work to a contractor without a public bid, SB0043 Engrossed - 8 - LRB096 03898 RLC 13933 b contract or project specification, such public body or other entity shall comply with subsection (a-2) 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-4) 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 mechanic to the prevailing rate of wages as determined under SB0043 Engrossed - 9 - LRB096 03898 RLC 13933 b 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 Labor shall determine if proper written notice under this SB0043 Engrossed - 10 - LRB096 03898 RLC 13933 b 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 right of a laborer, worker, or mechanic to the prevailing rate SB0043 Engrossed - 11 - LRB096 03898 RLC 13933 b of wages as determined under this Act.
(c) A public body or other entity It shall also require in all contractor's and subcontractor's such contractor'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, the revised rate shall apply to such contract.
The Department of Labor shall make the revised rate available on its official website and such posting on the website shall be deemed notice to the contractor or subcontractor of the revised rate.
The contractor or subcontractor shall be responsible to pay the revised rate , and the public body shall be responsible to notify the contractor and each subcontractor, of the revised rate.
(e) (Blank) 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 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 SB0043 Engrossed - 12 - LRB096 03898 RLC 13933 b 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.
(g) Beginning January 1, 2010, every public body awarding any contract for a public works project or otherwise undertaking any public works project shall notify the Department of Labor in writing, on a form prescribed by the Department of Labor, whenever a project subject to the provisions of this Act is awarded or undertaken.
The notification mentioned herein shall be filed with the SB0043 Engrossed - 13 - LRB096 03898 RLC 13933 b Department of Labor within 30 days after such contract is awarded or within 30 days before commencement of a public works project, and shall include a list of all first-tier subcontractors.
(Source:
P.A.
95-331, eff.
8-21-07.) (820 ILCS 130/6) (from Ch.
48, par.
39s-6) Sec.
6.
Penalties.
Any officer, agent or representative of any public body who wilfully violates, or omits to comply with, any of the provisions of this Act, and any contractor or subcontractor, or agent or representative thereof, doing public work as aforesaid, who wilfully violates, or omits to comply with, any of the provisions of this Act neglects to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, worker and mechanic employed by him, in connection with the public work or who refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this Act, is guilty of a Class A misdemeanor.
The Department of Labor shall inquire diligently as to any violation of this Act, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of this Act.
The Attorney General shall prosecute such cases upon complaint by the Department or any interested person.
(Source:
P.A.
94-488, eff.
1-1-06.) SB0043 Engrossed - 14 - LRB096 03898 RLC 13933 b (820 ILCS 130/9) (from Ch.
48, par.
39s-9) Sec.
9.
Duties of the Department of Labor and public bodies.
To effectuate the purpose and policy of this Act each public body shall, during the month of June of each calendar year, investigate and ascertain the prevailing rate of wages as defined in this Act and publicly post or keep available for inspection by any interested party in the main office of such public body its determination of such prevailing rate of wage and shall promptly file, no later than July 15 of each year, a certified copy thereof in the office of the Secretary of State at Springfield and the office of the Illinois Department of Labor.
The Department of Labor shall during the month of June of each calendar year, investigate and ascertain the prevailing rate of wages for each county in the State.
If a public body does not investigate and ascertain the prevailing rate of wages during the month of June as required by the previous paragraph, then the prevailing rate of wages for that public body shall be the rate as determined by the Department under this paragraph for the county in which such public body is located.
Where the Department of Labor ascertains the prevailing rate of wages, it is the duty of the Department of Labor within 30 days after receiving a notice from the public body authorizing the proposed work, to conduct an investigation to ascertain the prevailing rate of wages as defined in this Act and such investigation shall be conducted in the locality in SB0043 Engrossed - 15 - LRB096 03898 RLC 13933 b which the work is to be performed.
The Department of Labor shall send a certified copy of its findings to the public body authorizing the work and keep a record of its findings available for inspection by any interested party in the office of the Department of Labor at Springfield.
The public body except for the Department of Transportation with respect to highway contracts shall within 30 days after filing with the Secretary of State, or the Department of Labor shall within 30 days after filing with such public body, publish in a newspaper of general circulation within the area that the determination is effective, a notice of its determination and shall promptly mail a copy of its determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.
At any time within 30 days after the Department of Labor has published on its official web site a prevailing wage schedule, any person affected thereby may object in writing to the determination or such part thereof as they may deem objectionable by filing a written notice with the public body or Department of Labor, whichever has made such determination, stating the specified grounds of the objection.
It shall thereafter be the duty of the public body or Department of Labor to set a date for a hearing on the objection after giving SB0043 Engrossed - 16 - LRB096 03898 RLC 13933 b written notice to the objectors at least 10 days before the date of the hearing and said notice shall state the time and place of such hearing.
Such hearing by a public body shall be held within 45 days after the objection is filed, and shall not be postponed or reset for a later date except upon the consent, in writing, of all the objectors and the public body.
If such hearing is not held by the public body within the time herein specified, the Department of Labor may, upon request of the objectors, conduct the hearing on behalf of the public body.
The public body or Department of Labor, whichever has made such determination, is authorized in its discretion to hear each timely filed written objection.
Two or more 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 consolidation shall occur whether each separate hearing is conducted by a public body or the Department.
The party requesting a consolidated 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 filed separately or consolidate for hearing any one or more written objections filed with them.
At any such hearing the public body or Department of Labor shall introduce in evidence the investigation it instituted which formed the basis of its determination, and the public body or Department of Labor, or SB0043 Engrossed - 17 - LRB096 03898 RLC 13933 b any interested objectors may thereafter introduce such evidence as is material to the issue.
Thereafter, the public body or Department of Labor, must rule upon the written objection and make such final determination as it believes the evidence warrants, and promptly file a certified copy of its final determination with such public body and the Secretary of State, and serve a copy by personal service or registered mail on all parties to the proceedings.
The final determination by the Department of Labor or a public body shall be rendered within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final determination of the public body or Department of Labor are not instituted as hereafter provided, such determination shall be final and binding.
The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of any public body or the Department of Labor hereunder.
The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by the court in review of the final administrative decision of the public body or Department of Labor, may be taken by any party to the action.
Any proceeding in any court affecting a determination of SB0043 Engrossed - 18 - LRB096 03898 RLC 13933 b the Department of Labor or public body shall have priority in hearing and determination over all other civil proceedings pending in said court, except election contests.
In all reviews or appeals under this Act, it shall be the duty of the Attorney General to represent the Department of Labor, and defend its determination.
The Attorney General shall not represent any public body, except the State, in any such review or appeal.
(Source:
P.A.
93-38, eff.
6-1-04.) (820 ILCS 130/11) (from Ch.
48, par.
39s-11) Sec.
11.
Failure to comply;
civil remedies.
(a) No public works project shall be instituted unless the provisions of this Act have been complied with.
The provisions of this Act shall not be applicable to Federal construction projects which require a prevailing wage determination by the United States Secretary of Labor.
The Illinois Department of Labor represented by the Attorney General is empowered to sue for injunctive relief against the awarding of any contract or the continuation of work under any contract for public works at a time when the prevailing wage prerequisites have not been met.
Any contract for public works awarded at a time when the prevailing wage prerequisites had not been met shall be void as against public policy and the contractor is prohibited from recovering any damages for the voiding of the contract or pursuant to the terms of the contract.
The contractor is SB0043 Engrossed - 19 - LRB096 03898 RLC 13933 b limited to a claim for amounts actually paid for labor and materials supplied to the public body.
Where objections to a determination of the prevailing rate of wages or a court action relative thereto is pending, the public body shall not continue work on the project unless sufficient funds are available to pay increased wages if such are finally determined or unless the Department of Labor certifies such determination of the prevailing rate of wages as correct.
Any laborer, worker or mechanic employed by the contractor or by any sub-contractor under him who is paid for his services in a sum less than the stipulated rates for work done under such contract, shall have a right of action for whatever difference there may be between the amount so paid, and the prevailing rate of wages required to be paid on the public works project rates provided by the contract together with costs and such reasonable attorney's fees as shall be allowed by the court.
Such contractor or subcontractor shall also be liable to the Department of Labor for 20% of such underpayments and shall be additionally liable to the laborer, worker or mechanic for punitive damages in the amount of 2% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which such underpayments remain unpaid.
Where a second or subsequent action to recover underpayments is brought against a contractor or subcontractor and the contractor or subcontractor is found liable for underpayments to any laborer, worker, or mechanic, SB0043 Engrossed - 20 - LRB096 03898 RLC 13933 b the contractor or subcontractor shall also be liable to the Department of Labor for 50% of the underpayments payable as a result of the second or subsequent action, and shall be additionally liable to the laborer, worker, or mechanic for punitive damages in the amount of for 5% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which the underpayments remain unpaid.
The Department shall also have a right of action on behalf of any individual who has a right of action under this Section.
An action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages.
At the request of any laborer, workman or mechanic employed by the contractor or by any subcontractor under him who is paid less than the prevailing wage rate required by this Act, the Department of Labor may take an assignment of such wage claim in trust for the assigning laborer, workman or mechanic and may bring any legal action necessary to collect such claim, and the contractor or subcontractor shall be required to pay the costs incurred in collecting such claim.
(b) The Director of the Department of Labor shall publish in the Illinois Register no less often than once each calendar quarter a list of contractors or subcontractors found to have disregarded their obligations to employees under this Act.
The Department of Labor shall determine the contractors or subcontractors who, on 2 separate occasions within 5 years, SB0043 Engrossed - 21 - LRB096 03898 RLC 13933 b have been determined to have violated the provisions of this Act.
Upon such determinations the Department shall notify the violating contractor or subcontractor.
Such contractor or subcontractor shall then have 10 working days to request a hearing by the Department on the alleged violations.
Failure to respond within the 10-working-day period shall result in automatic and immediate placement and publication on the list.
If the contractor or subcontractor requests a hearing within the 10-working-day period, the Director shall set a hearing on the alleged violations.
Such hearing shall take place no later than 45 calendar days after the receipt by the Department of Labor of the request for a hearing.
The Department of Labor is empowered to promulgate, adopt, amend, and rescind rules and regulations to govern the hearing procedure.
No contract shall be awarded to a contractor or subcontractor appearing on the list, or to any firm, corporation, partnership, or association in which such contractor or subcontractor has an interest, until 4 years have elapsed from the date of publication of the list containing the name of such contractor or subcontractor.
(Source:
P.A.
94-488, eff.
1-1-06.) (820 ILCS 130/11b) Sec.
11b.
Discharge or discipline of "whistle blowers" prohibited.
(a) No person shall discharge, discipline, or in any other way discriminate against, or cause to be discharged, SB0043 Engrossed - 22 - LRB096 03898 RLC 13933 b disciplined, or discriminated against, any employee or any authorized representative of employees by reason of the fact that the employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this Act, or offers any evidence of any violation of this Act.
(b) Any employee or a representative of employees who believes that he has been discharged, disciplined, or otherwise discriminated against by any person in violation of subsection (a) of this Section may, within 60 30 days after the alleged violation occurs, apply to the Director of Labor for a review of the discharge, discipline, or alleged discrimination.
A copy of the application shall be sent to the person who allegedly committed the violation, who shall be the respondent.
Upon receipt of an application, the Director shall cause such investigation to be made as he or she deems appropriate.
The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged violation.
The parties shall be given written notice of the time and place of the hearing at least 30 5 days before the hearing.
Upon receiving the report of the investigation, the Director shall make findings of fact.
If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the SB0043 Engrossed - 23 - LRB096 03898 RLC 13933 b violation to take such affirmative action to abate the violation as the Director deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his or her former position and compensating him or her for the time he or she was unemployed.
The party committing the violation shall also be liable to the Department of Labor for a penalty of $5,000 for each violation of this Section.
If the Director finds that there was no violation, he or she shall issue an order denying the application.
An order issued by the Director under this Section shall be subject to judicial review under the Administrative Review Law.
(c) The Director shall adopt rules implementing this Section in accordance with the Illinois Administrative Procedure Act.
(Source:
P.A.
94-488, eff.
1-1-06.) (820 ILCS 130/11a rep.) Section 10.
The Prevailing Wage Act is amended by repealing Section 11a.
SB0043 Engrossed - 24 - LRB096 03898 RLC 13933 b INDEX Statutes amended in order of appearance 820 ILCS 130/2 from Ch.
48, par.
39s-2 820 ILCS 130/3 from Ch.
48, par.
39s-3 820 ILCS 130/4 from Ch.
48, par.
39s-4 820 ILCS 130/6 from Ch.
48, par.
39s-6 820 ILCS 130/9 from Ch.
48, par.
39s-9 820 ILCS 130/11 from Ch.
48, par.
39s-11 820 ILCS 130/11b 820 ILCS 130/11a rep.
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Action History

  1. Public Act . . . . . . . . . 96-1254

  2. Effective Date July 23, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 030-018-000

  7. Added as Co-Sponsor Sen. Donne E. Trotter

  8. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 008-003-001

  9. House Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive

  10. House Floor Amendment No. 3 Motion to Concur Referred to Assignments

  11. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  12. Chief Sponsor Changed to Sen. Kwame Raoul

  13. House Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive

  14. House Floor Amendment No. 3 Motion to Concur Referred to Assignments

  15. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Donne E. Trotter

  16. Chief Sponsor Changed to Sen. Donne E. Trotter

  17. Placed on Calendar Order of Concurrence House Amendment(s) 3 - May 7, 2010

  18. Secretary's Desk - Concurrence House Amendment(s) 3

  19. Added Alternate Chief Co-Sponsor Rep. Michael K. Smith

  20. Added Alternate Chief Co-Sponsor Rep. Patrick J. Verschoore

  21. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  22. House Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)

  23. Third Reading - Short Debate - Passed 074-043-000

  24. Placed on Calendar Order of 3rd Reading - Short Debate

  25. House Floor Amendment No. 3 Adopted by Voice Vote

  26. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000

  27. House Floor Amendment No. 3 Referred to Rules Committee

  28. House Floor Amendment No. 3 Filed with Clerk by Rep. John A. Fritchey

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. John A. Fritchey

  31. Placed on Calendar 2nd Reading - Short Debate

  32. Approved for Consideration Rules Committee; 003-000-000

  33. Alternate Co-Sponsor Removed Rep. Jack D. Franks

  34. Rule 19(b) / Re-referred to Rules Committee

  35. Final Action Deadline Extended-9(b) November 30, 2009

  36. Final Action Deadline Extended-9(b) May 31, 2009

  37. Final Action Deadline Extended-9(b) May 29, 2009

  38. Held on Calendar Order of Second Reading - Short Debate

  39. Second Reading - Short Debate

  40. Housing Affordability Impact Note Filed

  41. House Floor Amendment No. 1 Referred to Rules Committee

  42. House Floor Amendment No. 1 Filed with Clerk by Rep. David Reis

  43. State Mandates Fiscal Note Filed

  44. Home Rule Note Filed

  45. State Debt Impact Note Filed

  46. State Debt Impact Note Requested by Rep. Timothy L. Schmitz

  47. Housing Affordability Impact Note Requested by Rep. Timothy L. Schmitz

  48. Home Rule Note Requested by Rep. Timothy L. Schmitz

  49. Added Alternate Co-Sponsor Rep. Jack D. Franks

  50. Fiscal Note Filed

  51. Alternate Co-Sponsor Removed Rep. Jack D. Franks

  52. Pension Note Filed

  53. Judicial Note Filed

  54. Pension Note Requested by Rep. Timothy L. Schmitz

  55. Judicial Note Requested by Rep. Timothy L. Schmitz

  56. State Mandates Fiscal Note Requested by Rep. Timothy L. Schmitz

  57. Fiscal Note Requested by Rep. Timothy L. Schmitz

  58. Placed on Calendar 2nd Reading - Standard Debate

  59. Do Pass / Standard Debate Labor Committee; 014-010-001

  60. Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman

  61. Added Alternate Co-Sponsor Rep. Jack D. Franks

  62. Assigned to Labor Committee

  63. Referred to Rules Committee

  64. First Reading

  65. Chief House Sponsor Rep. John A. Fritchey

  66. Placed on Calendar Order of First Reading

  67. Arrived in House

  68. Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)

  69. Third Reading - Passed; 034-021-000

  70. Added as Co-Sponsor Sen. Donne E. Trotter

  71. Added as Co-Sponsor Sen. Emil Jones, III

  72. Added as Co-Sponsor Sen. Linda Holmes

  73. Sponsor Removed Sen. Kwame Raoul

  74. Added as Co-Sponsor Sen. Kwame Raoul

  75. Placed on Calendar Order of 3rd Reading April 1, 2009

  76. Senate Floor Amendment No. 2 Adopted; Clayborne

  77. Second Reading

  78. Senate Floor Amendment No. 3 Held in Labor

  79. Senate Floor Amendment No. 2 Recommend Do Adopt Labor; 007-002-000

  80. Senate Floor Amendment No. 3 Assignments Refers to Labor

  81. Senate Floor Amendment No. 3 Referred to Assignments

  82. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Kirk W. Dillard

  83. Senate Floor Amendment No. 2 Assignments Refers to Labor

  84. Senate Floor Amendment No. 2 Referred to Assignments

  85. Senate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.

  86. Added as Chief Co-Sponsor Sen. Michael Noland

  87. Added as Co-Sponsor Sen. Ira I. Silverstein

  88. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  89. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  90. Placed on Calendar Order of 2nd Reading February 19, 2009

  91. Do Pass as Amended Labor; 007-003-000

  92. Senate Committee Amendment No. 1 Adopted

  93. Senate Committee Amendment No. 1 Assignments Refers to Labor

  94. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  95. Senate Committee Amendment No. 1 Referred to Assignments

  96. Senate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.

  97. Assigned to Labor

  98. Referred to Assignments

  99. First Reading

  100. Filed with Secretary by Sen. James F. Clayborne, Jr.

Sponsors

  • Kwame Raoul · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Kwame Raoul

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 3

Passed 30 Yea · 18 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 2217010
Democrat 8100
Republican 0001
Total 3018011
% of votes cast 51%31%0%19%
How each member voted (59)
Member Party Vote
Haine — Nay
Hendon — Yea
Hultgren — Nay
Hutchinson — Yea
Kotowski — Yea
Link — Yea
McCarter — Nay
Millner — Nay
Muñoz — Yea
Noland — Yea
Pankau — Nay
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Jacobs — Yea
Sullivan — Yea
Trotter — Yea
Viverito — Yea
Cullerton — Yea
Wilhelmi — Yea
Jones, J. — Nay
Cronin — Nay
Crotty — Yea
DeLeo — Yea
Duffy — Nay
Frerichs — Yea
Garrett — Nay
Demuzio — Not Voting
Brady — Not Voting
Meeks — Not Voting
Clayborne — Not Voting
Dillard — Not Voting
Forby — Not Voting
Radogno — Not Voting
Raoul — Yea
Righter — Nay
Risinger — Nay
Rutherford — Not Voting
Sandoval — Yea
Lauzen — Nay
Luechtefeld — Nay
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Not Voting
Burzynski — Nay
Dahl — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 74 Yea · 43 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 604001
Democrat 13000
Republican 1300
Total 744301
% of votes cast 63%36%0%1%
How each member voted (118)
Member Party Vote
Hatcher — Nay
Jakobsson — Yea
Jefferson — Yea
Myers — Nay
Cole — Nay
Wait — Nay
Lang — Yea
May — Yea
McCarthy — Yea
Sente — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dunkin — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Bradley — Yea
McGuire — Yea
Leitch — Nay
Madigan — Yea
McAuliffe — Nay
Burke — Yea
Sullivan — Yea
Mendoza — Yea
Moffitt — Yea
Nekritz — Yea
Phelps — Yea
Gordon, Careen — Yea
Reboletti — Nay
Hannig — Yea
Harris — Yea
Senger — Nay
Hernandez — Yea
Thapedi — Yea
Tryon — Nay
Turner — Yea
Howard — Yea
Verschoore — Yea
Washington — Yea
Yarbrough — Yea
Zalewski — Yea
Brady — Nay
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Gordon, Jehan — Nay
Cavaletto — Nay
Coladipietro — Nay
Colvin — Yea
Coulson — Yea
Currie — Yea
D'Amico — Yea
Durkin — Nay
Eddy — Nay
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Holbrook — Yea
Jackson — Yea
Kosel — Nay
Watson — Nay
Pihos — Nay
Winters — Nay
Connelly — Nay
Cross — Nay
Cultra — Nay
Osmond — Yea
Osterman — Yea
Poe — Nay
Pritchard — Nay
Ramey — Nay
Reis — Nay
Riley — Yea
Sacia — Nay
Saviano — Nay
Schmitz — Nay
Sommer — Nay
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
Bost — Nay
Brauer — Nay
Burns — Yea
Carberry — Yea
Mell — Yea
McAsey — Yea
Dugan — Not Voting
Mulligan — Nay
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Third Reading

Passed 34 Yea · 21 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 271804
Democrat 7200
Republican 0100
Total 342104
% of votes cast 58%36%0%7%
How each member voted (59)
Member Party Vote
Haine — Yea
Hultgren — Nay
Link — Yea
McCarter — Nay
Noland — Yea
Pankau — Nay
Radogno — Nay
Schoenberg — Yea
Silverstein — Yea
Demuzio — Yea
Jacobs — Yea
Steans — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jones, J. — Nay
Brady — Nay
Sullivan — Nay
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Duffy — Nay
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hutchinson — Yea
Luechtefeld — Nay
Cronin — Not Voting
Dahl — Nay
Dillard — Not Voting
Kotowski — Yea
Raoul — Yea
Righter — Nay
Risinger — Nay
Rutherford — Nay
Sandoval — Yea
Lauzen — Nay
Maloney — Yea
Althoff — Nay
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
Meeks — Not Voting
Millner — Not Voting
David Koehler Democrat Nay
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 43 do?
Amends the Prevailing Wage Act. Provides that "public works" includes all projects located in an enterprise zone as defined in the Illinois Enterprise Zone Act or located in an economic development project area as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, but does not include projects at an owner-occupied single family residence or owner-occupied multi-family residence located in an enterprise zone or economic development project area. Provides that all contractors and subcontractors required to pay the prevailing wage under the Act shall make payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of tools, or any other thing of any kind or description. Provides that the Department of Labor shall make revised prevailing wage rates available on its official website and such posting on the website shall be deemed notice to the contractor or subcontractor of the revised rate. Provides that the contractor or subcontractor shall be responsible to pay the revised rate. Provides that in lieu of posting the prevailing wage rates 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. Makes other changes. Effective immediately.
Who sponsors SB 43?
SB 43 is sponsored by Kwame Raoul.
What is the current status of SB 43?
This bill has been enacted into law. Introduced January 30, 2009. Enacted.
Where can I track SB 43?
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