Full Text of SB1904 100th General Assembly
SB1904ham001 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1904
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1904 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Sections 2, 4, 7, 9, and 10 as follows:
| 6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 7 | | Sec. 2. This Act applies to the wages of laborers, | 8 | | mechanics and
other workers employed in any public works, as | 9 | | hereinafter defined, by
any public body and to anyone under | 10 | | contracts for public works. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | As used in this Act, unless the context indicates | 14 | | otherwise:
| 15 | | "Public works" means all fixed works constructed or | 16 | | demolished by
any public body,
or paid for wholly or in part |
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| 1 | | out of public funds. "Public works" as
defined herein includes | 2 | | all projects financed in whole
or in part with bonds, grants, | 3 | | loans, or other funds made available by or through the State or | 4 | | any of its political subdivisions, including but not limited | 5 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 6 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 7 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 8 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 9 | | the Build Illinois Bond Act; loans or other funds made
| 10 | | available pursuant to the Build Illinois Act; loans or other | 11 | | funds made available pursuant to the Riverfront Development | 12 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 13 | | Act; or funds from the Fund for
Illinois' Future under Section | 14 | | 6z-47 of the State Finance Act, funds for school
construction | 15 | | under Section 5 of the General Obligation Bond Act, funds
| 16 | | authorized under Section 3 of the School Construction Bond Act, | 17 | | funds for
school infrastructure under Section 6z-45 of the | 18 | | State Finance Act, and funds
for transportation purposes under | 19 | | Section 4 of the General Obligation Bond
Act. "Public works" | 20 | | also includes (i) all projects financed in whole or in part
| 21 | | with funds from the Department of Commerce and Economic | 22 | | Opportunity under the Illinois Renewable Fuels Development | 23 | | Program
Act for which there is no project labor agreement; (ii) | 24 | | all work performed pursuant to a public private agreement under | 25 | | the Public Private Agreements for the Illiana Expressway Act or | 26 | | the Public-Private Agreements for the South Suburban Airport |
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| 1 | | Act; and (iii) all projects undertaken under a public-private | 2 | | agreement under the Public-Private Partnerships for | 3 | | Transportation Act. "Public works" also includes all projects | 4 | | at leased facility property used for airport purposes under | 5 | | Section 35 of the Local Government Facility Lease Act. "Public | 6 | | works" also includes the construction of a new wind power | 7 | | facility by a business designated as a High Impact Business | 8 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 9 | | "Public works" does not include work done directly by any | 10 | | public utility company, whether or not done under public | 11 | | supervision or direction, or paid for wholly or in part out of | 12 | | public funds. "Public works" also includes any corrective | 13 | | action performed pursuant to Title XVI of the Environmental | 14 | | Protection Act for which payment from the Underground Storage | 15 | | Tank Fund is requested. "Public works" does not include | 16 | | projects undertaken by the owner at an owner-occupied | 17 | | single-family residence or at an owner-occupied unit of a | 18 | | multi-family residence. "Public works" does not include work | 19 | | performed for soil and water conservation purposes on | 20 | | agricultural lands, whether or not done under public | 21 | | supervision or paid for wholly or in part out of public funds, | 22 | | done directly by an owner or person who has legal control of | 23 | | those lands.
| 24 | | "Construction" means all work on public works involving | 25 | | laborers,
workers or mechanics. This includes any maintenance, | 26 | | repair, assembly, or disassembly work performed on equipment |
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| 1 | | whether owned, leased, or rented.
| 2 | | "Locality" means the county where the physical work upon | 3 | | public works
is performed, except (1) that if there is not | 4 | | available in the county a
sufficient number of competent | 5 | | skilled laborers, workers and mechanics
to construct the public | 6 | | works efficiently and properly, "locality"
includes any other | 7 | | county nearest the one in which the work or
construction is to | 8 | | be performed and from which such persons may be
obtained in | 9 | | sufficient numbers to perform the work and (2) that, with
| 10 | | respect to contracts for highway work with the Department of
| 11 | | Transportation of this State, "locality" may at the discretion | 12 | | of the
Secretary of the Department of Transportation be | 13 | | construed to include
two or more adjacent counties from which | 14 | | workers may be accessible for
work on such construction.
| 15 | | "Public body" means the State or any officer, board or | 16 | | commission of
the State or any political subdivision or | 17 | | department thereof, or any
institution supported in whole or in | 18 | | part by public funds,
and includes every county, city, town,
| 19 | | village, township, school district, irrigation, utility, | 20 | | reclamation
improvement or other district and every other | 21 | | political subdivision,
district or municipality of the state | 22 | | whether such political
subdivision, municipality or district | 23 | | operates under a special charter
or not.
| 24 | | "Labor organization" means an organization that is the | 25 | | exclusive representative of an
employer's employees in any | 26 | | particular trade or occupation recognized or certified |
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| 1 | | pursuant to the National Labor Relations Act. | 2 | | The terms "general prevailing rate of hourly wages", | 3 | | "general
prevailing rate of wages" or "prevailing rate of | 4 | | wages" when used in
this Act mean the hourly cash wages plus | 5 | | annualized fringe benefits for training and
apprenticeship | 6 | | programs approved by the U.S. Department of Labor, Bureau of
| 7 | | Apprenticeship and Training, health and welfare, insurance, | 8 | | vacations and
pensions paid generally, in the
locality in which | 9 | | the work is being performed, to employees engaged in
work of a | 10 | | similar character on public works.
| 11 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 12 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 13 | | 7-16-14.)
| 14 | | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| 15 | | Sec. 4. Ascertaining prevailing wage. | 16 | | (a) The prevailing rate of wages paid to individuals | 17 | | covered under this Act shall not be less than the
rate that | 18 | | prevails for work of a similar character on public works in the | 19 | | locality in which the
work is performed under collective | 20 | | bargaining agreements between employer associations and bona | 21 | | fide labor organizations relating to each craft or type of
| 22 | | worker or mechanic needed to execute the contract or perform | 23 | | such work, and successor collective
bargaining agreements. | 24 | | (b) If the prevailing rates of wages and fringe benefits | 25 | | cannot reasonably and fairly be applied
in any locality because |
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| 1 | | no such agreements exist or were not available to the | 2 | | Department of Labor during its investigation, the Department of | 3 | | Labor
shall determine the rates and fringe benefits on public | 4 | | works for the same or most similar work in the nearest and
most | 5 | | similar neighboring locality in which such agreements exist. | 6 | | The
Department of Labor shall keep a record of its findings | 7 | | available for inspection by any interested
party in the office | 8 | | of the Department of Labor. | 9 | | (c) In the event it is determined, after a written | 10 | | objection is filed and a hearing is held in
accordance with | 11 | | Section 9 of this Act, that a valid collective bargaining | 12 | | agreement between a labor organization and an employer | 13 | | association does not exist in a particular trade or occupation | 14 | | in the locality where the work is performed, then the wage paid | 15 | | on such public works to laborers, workers, or
mechanics in the | 16 | | same trade or occupation in the locality shall be the | 17 | | Department of Labor's previous annually determined prevailing | 18 | | rate of wage. | 19 | | (d) (a) The public body awarding any contract for public | 20 | | work or
otherwise undertaking any public works , shall ascertain | 21 | | the general
prevailing rate of hourly wages in the locality in | 22 | | which the work is to
be performed, for each craft or type of | 23 | | worker or mechanic needed to
execute the contract, and where | 24 | | the public body performs the work
without letting a contract | 25 | | therefor, shall ascertain the prevailing rate
of wages on a per | 26 | | hour basis in the locality, and such public body shall
specify |
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| 1 | | in the resolution or ordinance and in the call for bids for the
| 2 | | contract, or where the public body performs the work without | 3 | | letting the contract in a written instrument provided to the | 4 | | contractor, that the general prevailing rate of wages in the | 5 | | locality for
each craft or type of worker or mechanic needed to | 6 | | execute the contract
or perform such work, also the general | 7 | | prevailing rate for legal holiday
and overtime work, as | 8 | | ascertained by the public body or by the
Department of Labor | 9 | | shall be paid for each craft or type of worker
needed to | 10 | | execute the contract or to perform such work, and it shall be
| 11 | | mandatory upon the contractor to whom the contract is awarded | 12 | | and upon
any subcontractor under him, and where the public body | 13 | | performs the
work, upon the public body, to pay not less than | 14 | | the specified rates to
all laborers, workers and mechanics | 15 | | employed by them in the execution of
the contract or such work . | 16 | | Compliance with this Act is a matter of statewide concern, and | 17 | | a public body may not opt out of any provisions of this Act. ; | 18 | | provided, however, that if the public body
desires that the | 19 | | Department of Labor ascertain the prevailing rate of
wages, it | 20 | | shall notify the Department of Labor to ascertain the general
| 21 | | prevailing rate of hourly wages for work under contract, or for | 22 | | work
performed by a public body without letting a contract as | 23 | | required in the
locality in which the work is to be performed, | 24 | | for each craft or type of
worker or mechanic needed to execute | 25 | | the contract or project or work to
be performed. Upon such | 26 | | notification the Department of Labor shall
ascertain such |
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| 1 | | general prevailing rate of wages, and certify the
prevailing | 2 | | wage to such public body. | 3 | | (e) (a-1) The public body or other entity awarding the
| 4 | | contract shall cause to be inserted in the project | 5 | | specifications and the
contract a stipulation to the
effect | 6 | | that not less than the prevailing rate of wages as found by the
| 7 | | public body or Department of Labor or determined by the court | 8 | | on review
shall be paid to all laborers, workers and mechanics | 9 | | performing work
under the contract.
| 10 | | (f) (a-2) When a public body or other entity covered by | 11 | | this Act has awarded work to a contractor without a public bid, | 12 | | contract or project specification, such public body or other | 13 | | entity shall comply with subsection (e) (a-1) by providing the | 14 | | contractor with written notice on the purchase order related to | 15 | | the work to be done or on a separate document indicating that | 16 | | not less than the prevailing rate of wages ascertained as found | 17 | | by the public body or Department of Labor or determined by the | 18 | | court on review shall be paid to all laborers, workers, and | 19 | | mechanics performing work on the project. | 20 | | (g) (a-3) Where a complaint is made and the Department of | 21 | | Labor determines that a violation occurred, the Department of | 22 | | Labor shall determine if proper written notice under this | 23 | | Section 4 was given. If proper written notice was not provided | 24 | | to the contractor by the public body or other entity, the | 25 | | Department of Labor shall order the public body or other entity | 26 | | to pay any interest, penalties or fines that would have been |
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| 1 | | owed by the contractor if proper written notice were provided. | 2 | | The failure by a public body or other entity to provide written | 3 | | notice does not relieve the contractor of the duty to comply | 4 | | with the prevailing wage rate, nor of the obligation to pay any | 5 | | back wages, as determined under this Act. For the purposes of | 6 | | this subsection, back wages shall be limited to the difference | 7 | | between the actual amount paid and the prevailing rate of wages | 8 | | required to be paid for the project. The failure of a public | 9 | | body or other entity to provide written notice under this | 10 | | Section 4 does not diminish the right of a laborer, worker, or | 11 | | mechanic to the prevailing rate of wages as determined under | 12 | | this Act. | 13 | | (h) (b) It shall also be mandatory upon the contractor to | 14 | | whom the contract is
awarded
to insert into each subcontract | 15 | | and into the project specifications for each
subcontract a | 16 | | written stipulation to the effect that not less than the
| 17 | | prevailing
rate of wages shall be paid to all laborers, | 18 | | workers, and mechanics performing
work under the contract. It | 19 | | shall also be mandatory upon each subcontractor to
cause to be | 20 | | inserted into each lower tiered subcontract
and into the | 21 | | project specifications for each lower tiered subcontract a
| 22 | | stipulation to the effect that not less
than the prevailing | 23 | | rate of wages shall be paid to all laborers, workers, and
| 24 | | mechanics performing work under the contract. A contractor or | 25 | | subcontractor who
fails to comply with this subsection (b) is | 26 | | in violation of this Act.
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| 1 | | (i) (b-1) When a contractor has awarded work to a | 2 | | subcontractor without a contract or contract specification, | 3 | | the contractor shall comply with subsection (h) (b) by | 4 | | providing a subcontractor with a written statement indicating | 5 | | that not less than the prevailing rate of wages shall be paid | 6 | | to all laborers, workers, and mechanics performing work on the | 7 | | project. A contractor or subcontractor who fails to comply with | 8 | | this subsection (b-1) is in violation of this Act. | 9 | | (j) (b-2) Where a complaint is made and the Department of | 10 | | Labor determines that a violation has occurred, the Department | 11 | | of Labor shall determine if proper written notice under this | 12 | | Section 4 was given. If proper written notice was not provided | 13 | | to the subcontractor by the contractor, the Department of Labor | 14 | | shall order the contractor to pay any interest, penalties, or | 15 | | fines that would have been owed by the subcontractor if proper | 16 | | written notice were provided. The failure by a contractor to | 17 | | provide written notice to a subcontractor does not relieve the | 18 | | subcontractor of the duty to comply with the prevailing wage | 19 | | rate, nor of the obligation to pay any back wages, as | 20 | | determined under this Act. For the purposes of this subsection, | 21 | | back wages shall be limited to the difference between the | 22 | | actual amount paid and the prevailing rate of wages required | 23 | | for the project. However, if proper written notice was not | 24 | | provided to the contractor by the public body or other entity | 25 | | under this Section 4, the Department of Labor shall order the | 26 | | public body or other entity to pay any interest, penalties, or |
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| 1 | | fines that would have been owed by the subcontractor if proper | 2 | | written notice were provided. The failure by a public body or | 3 | | other entity to provide written notice does not relieve the | 4 | | subcontractor of the duty to comply with the prevailing wage | 5 | | rate, nor of the obligation to pay any back wages, as | 6 | | determined under this Act. For the purposes of this subsection, | 7 | | back wages shall be limited to the difference between the | 8 | | actual amount paid and the prevailing rate of wages required | 9 | | for the project. The failure to provide written notice by a | 10 | | public body, other entity, or contractor does not diminish the | 11 | | right of a laborer, worker, or mechanic to the prevailing rate | 12 | | of wages as determined under this Act. | 13 | | (k) (c) A public body or other entity shall also require in | 14 | | all contractor's and subcontractor's bonds
that the contractor | 15 | | or subcontractor include such provision as will guarantee the
| 16 | | faithful performance of such prevailing wage clause as provided | 17 | | by
contract or other written instrument. All bid specifications | 18 | | shall list the specified rates to all
laborers, workers and | 19 | | mechanics in the locality for each craft or type of
worker or | 20 | | mechanic needed to execute the contract.
| 21 | | (l) (d) If the Department of Labor
revises the prevailing | 22 | | rate of hourly wages to be paid by the public body or other | 23 | | entity, the
revised rate shall apply to such contract, and the | 24 | | public body or other entity shall be
responsible to notify the | 25 | | contractor and each subcontractor, of the revised
rate.
| 26 | | The public body or other entity shall discharge its duty to |
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| 1 | | notify of the revised rates by inserting a written stipulation | 2 | | in all contracts or other written instruments that states the | 3 | | prevailing rate of wages are revised by the Department of Labor | 4 | | and are available on the Department's official website. This | 5 | | shall be deemed to be proper notification of any rate changes | 6 | | under this subsection. | 7 | | (m) The Department of Labor shall establish a new | 8 | | classification for a particular craft or type of worker only | 9 | | after conducting an investigatory hearing under this Section. | 10 | | Any interested party has the right to be a party to such | 11 | | investigatory hearing. (e) Two or more investigatory hearings | 12 | | under this Section on the issue
of establishing a new | 13 | | prevailing wage classification for a particular craft
or type | 14 | | of worker shall be consolidated in a single hearing before the
| 15 | | Department. Such consolidation shall occur whether each | 16 | | separate investigatory
hearing is conducted by a public body or | 17 | | the Department. The party requesting
a consolidated | 18 | | investigatory hearing shall have the burden of establishing | 19 | | that
there is no existing prevailing wage classification for | 20 | | the particular craft or
type of worker in any of the localities | 21 | | under consideration.
| 22 | | (n) (f) It shall be mandatory upon the contractor or | 23 | | construction manager
to whom a contract for public works is | 24 | | awarded to post, at a
location on the project site of the | 25 | | public works that is
easily accessible to the workers engaged | 26 | | on the project,
the prevailing wage rates for each craft or |
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| 1 | | type of worker
or mechanic needed to execute the contract or | 2 | | project or
work to be performed. In lieu of posting on the | 3 | | project site of the public works, a contractor which has a | 4 | | business location where laborers, workers, and mechanics | 5 | | regularly visit may: (1) post in a conspicuous location at that | 6 | | business the current prevailing wage rates for each county in | 7 | | which the contractor is performing work; or (2) provide such | 8 | | laborer, worker, or mechanic engaged on the public works | 9 | | project a written notice indicating the prevailing wage rates | 10 | | for the public works project. A failure to post or provide a | 11 | | prevailing wage
rate as required by this Section is a violation | 12 | | of this Act.
| 13 | | (Source: P.A. 96-437, eff. 1-1-10; 97-964, eff. 1-1-13.)
| 14 | | (820 ILCS 130/7) (from Ch. 48, par. 39s-7)
| 15 | | Sec. 7.
The finding of the public body awarding the | 16 | | contract or
authorizing the work or the Department of Labor | 17 | | ascertaining and
declaring the general prevailing rate of | 18 | | hourly wages shall be final for
all purposes of the contract | 19 | | for public work then being considered,
unless reviewed under | 20 | | the provisions of this Act. Nothing in this Act,
however, shall | 21 | | be construed to prohibit the payment to any laborer,
worker or | 22 | | mechanic employed on any public work, as aforesaid, of more
| 23 | | than the prevailing rate of wages; provided further that | 24 | | nothing in this
Act shall be construed to limit the hours of | 25 | | work which may be performed
by any person in any particular |
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| 1 | | period of time.
| 2 | | (Source: P.A. 81-992.)
| 3 | | (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
| 4 | | Sec. 9.
To effectuate the purpose and policy of this Act , | 5 | | the each public
body shall, during the month of June of each | 6 | | calendar year, investigate
and ascertain the prevailing rate of | 7 | | wages as defined in this Act and
publicly post or keep | 8 | | available for inspection by any interested party
in the main | 9 | | office of such public body its determination of such
prevailing | 10 | | rate of wage and shall promptly file, no later than July 15 of
| 11 | | each year, a certified copy thereof
in the office of the
| 12 | | Illinois Department of Labor. The Department of Labor shall , | 13 | | throughout during the month of June of each calendar
year, | 14 | | investigate and ascertain the prevailing rate of wages for each | 15 | | county
in the State and shall publish the prevailing wage | 16 | | schedule ascertained on its official website no later than
| 17 | | August 15 of each year. If the prevailing rate of wages is | 18 | | based on a collective bargaining
agreement, any increases | 19 | | directly ascertainable from such collective bargaining | 20 | | agreement shall
also be published on the website. Further, if | 21 | | the prevailing rate of wages is based on a collective
| 22 | | bargaining agreement, the explanation of classes on the | 23 | | prevailing wage schedule shall be
consistent with the | 24 | | explanation of existing classifications set forth in the | 25 | | collective bargaining agreement . If a public body does not |
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| 1 | | investigate and ascertain the
prevailing
rate of wages during | 2 | | the month of June as required by the previous paragraph,
then | 3 | | the prevailing rate of wages for that public body shall be the | 4 | | rate
as determined by the Department under this paragraph for | 5 | | the county in which
such public body is located.
| 6 | | Where the Department of Labor ascertains the prevailing | 7 | | rate of
wages, it is the duty of the Department of Labor within | 8 | | 30 days after
receiving a notice from the public body | 9 | | authorizing the proposed work,
to conduct an investigation to | 10 | | ascertain the prevailing rate of wages as
defined in this Act | 11 | | and such investigation shall be conducted in the
locality in | 12 | | which the work is to be performed. The Department of Labor
| 13 | | shall send a certified copy of its findings to the public body
| 14 | | authorizing the work and keep a record of its findings | 15 | | available for
inspection by any interested party in the office | 16 | | of the Department of
Labor at Springfield.
| 17 | | The public body except for the Department of Transportation | 18 | | with
respect to highway contracts shall within 30 days after | 19 | | filing with the Department of Labor, or the Department of Labor | 20 | | shall within 30 days
after filing with such public body, | 21 | | publish in a newspaper of general
circulation within the area | 22 | | that the determination is effective, a
notice of its | 23 | | determination and shall promptly mail a copy of its
| 24 | | determination to any employer, and to any association of | 25 | | employers and
to any person or association of employees who | 26 | | have filed their names and
addresses, requesting copies of any |
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| 1 | | determination stating the particular
rates and the particular | 2 | | class of workers whose wages will be affected
by such rates.
| 3 | | At any time within 30 days after the Department of Labor | 4 | | has published
on its official web site a prevailing wage | 5 | | schedule, any person affected
thereby may object in writing to | 6 | | the determination or such part thereof
as they may deem | 7 | | objectionable by filing a written notice with the
public body | 8 | | or Department of Labor , whichever has made such
determination, | 9 | | stating the specified grounds of the objection. A person filing | 10 | | an objection shall have the burden of establishing that the | 11 | | Department of Labor's determination does not accurately | 12 | | reflect the appropriate prevailing area wage, as defined in | 13 | | Section 4(a) of this Act,
with competent evidence. During the | 14 | | pendency of any objection and until final determination
thereof | 15 | | with regard to existing classifications, the work in question | 16 | | shall proceed under the previous rate established by the | 17 | | Department. It shall
thereafter be the duty of the public body | 18 | | or Department of Labor to set
a date for a hearing on the | 19 | | objection after giving written notice to the
objectors at least | 20 | | 10 days before the date of the hearing and said
notice shall | 21 | | state the time and place of such hearing. Such hearing by the | 22 | | Department of Labor a
public body shall be held within 45 days | 23 | | after the objection is filed,
and shall not be postponed or | 24 | | reset for a later date except upon the
consent, in writing, of | 25 | | all the objectors and the Department of Labor public body . If | 26 | | such
hearing is not held by the public body within the time |
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| 1 | | herein specified,
the Department of Labor may, upon request of | 2 | | the objectors, conduct the
hearing on behalf of the public | 3 | | body.
| 4 | | The public body or Department of Labor may , whichever has | 5 | | made such
determination, is authorized in its discretion to | 6 | | hear each written
objection filed separately or consolidate for | 7 | | hearing any one or more
written objections filed with them . At | 8 | | such hearing , the public body or
Department of Labor shall | 9 | | introduce in evidence the investigation it
instituted which | 10 | | formed the basis of its determination, and the public
body or | 11 | | Department of Labor , or any interested objectors may thereafter
| 12 | | introduce such evidence as is material to the issue. | 13 | | Thereafter, the
public body or Department of Labor , must rule | 14 | | upon the written objection
and make such final determination as | 15 | | it believes the evidence warrants ,
and promptly file a | 16 | | certified copy of its final determination with such
public | 17 | | body, and serve a copy by personal
service , or registered mail , | 18 | | or electronic mail on all parties to the proceedings. The final
| 19 | | determination by the Department of Labor or a public body shall | 20 | | be rendered
within 30 days after the conclusion of the hearing.
| 21 | | If proceedings to review judicially the final | 22 | | determination of the
public body or Department of Labor are not | 23 | | instituted as hereafter
provided, such determination shall be | 24 | | final and binding.
| 25 | | The provisions of the Administrative Review Law, and all | 26 | | amendments
and modifications thereof, and the rules
adopted |
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| 1 | | pursuant thereto, shall apply to and govern all proceedings for
| 2 | | the judicial review of final administrative decisions of any | 3 | | public body
or the Department of Labor hereunder . The term | 4 | | "administrative decision"
is defined as in Section 3-101 of the | 5 | | Code of Civil Procedure.
| 6 | | Appeals from all final orders and judgments entered by the | 7 | | court in
review of the final administrative decision of the | 8 | | public body or
Department of Labor, may be taken by any party | 9 | | to the action.
| 10 | | Any proceeding in any court affecting a determination of | 11 | | the
Department of Labor or public body shall have priority in | 12 | | hearing and
determination over all other civil proceedings | 13 | | pending in said court,
except election contests.
| 14 | | In all reviews or appeals under this Act, it shall be the | 15 | | duty of the
Attorney General to represent the Department of | 16 | | Labor, and defend its
determination. The Attorney General shall | 17 | | not represent any public body,
except the State, in any such | 18 | | review or appeal.
| 19 | | (Source: P.A. 98-173, eff. 1-1-14.)
| 20 | | (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
| 21 | | Sec. 10.
The presiding officer of the public body, or his | 22 | | or her authorized
representative and the Director of the | 23 | | Department of Labor, or his or
her authorized representative | 24 | | may interview workers, administer oaths, take
or cause to be | 25 | | taken
the depositions of witnesses, and require by subpoena the |
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| 1 | | attendance and
testimony of witnesses, and the production of | 2 | | all books, records, and other
evidence relative to the matter | 3 | | under investigation or hearing. Such
subpoena shall be signed | 4 | | and issued by such presiding officer or his or her
authorized | 5 | | representative, or the Director or his or her authorized
| 6 | | representative.
| 7 | | Upon request by the Director of Labor or his or her | 8 | | deputies or agents,
records shall be copied and submitted for | 9 | | evidence at no cost to the
Department of Labor. Every employer | 10 | | upon request shall furnish to the
Director or his or her | 11 | | authorized representative, on demand, a sworn statement
of the | 12 | | accuracy of the records. Any employer who refuses to furnish a | 13 | | sworn
statement of the records is in violation of this Act.
| 14 | | In case of failure of any person to comply with any | 15 | | subpoena lawfully
issued under this Section section or on the | 16 | | refusal of any witness to produce
evidence or to testify to any | 17 | | matter regarding which he or she may be
lawfully interrogated, | 18 | | it is the duty of any circuit court, upon
application of such | 19 | | presiding officer or his or her authorized representative,
or | 20 | | the Director or his or her authorized representative, to compel | 21 | | obedience by
proceedings for contempt, as in the case of | 22 | | disobedience of the requirements of
a subpoena issued by such | 23 | | court or a refusal to testify therein. The Such presiding
| 24 | | officer and the Director may certify to official acts.
| 25 | | (Source: P.A. 93-38, eff. 6-1-04 .)
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| | | 10000SB1904ham001 | - 20 - | LRB100 09488 JLS 27211 a |
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| 1 | | (820 ILCS 130/8 rep.)
| 2 | | Section 10. The Prevailing Wage Act is amended by repealing | 3 | | Section 8.".
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