Full Text of HB2495 100th General Assembly
HB2495 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2495 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/2 | from Ch. 48, par. 39s-2 | 820 ILCS 130/4 | from Ch. 48, par. 39s-4 | 820 ILCS 130/7 | from Ch. 48, par. 39s-7 | 820 ILCS 130/9 | from Ch. 48, par. 39s-9 | 820 ILCS 130/10 | from Ch. 48, par. 39s-10 | 820 ILCS 130/8 rep. | |
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Amends the Prevailing Wage Act. Provides that the prevailing wage shall not be less than the rate that prevails for similar work performed under collective bargaining agreements in the locality provided that the agreements cover at least 30% of the workers. Provides that, if bargaining agreements do not exist in the locality, the Department of Labor shall ascertain the prevailing wage to be paid under the Act. Applies to public works performed without a written contract. Requires that the Department publish prevailing wages schedules on its website.
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevailing Wage Act is amended by 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 | 17 | | out of public funds. "Public works" as
defined herein includes | 18 | | all projects financed in whole
or in part with bonds, grants, | 19 | | loans, or other funds made available by or through the State or | 20 | | any of its political subdivisions, including but not limited | 21 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 22 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 23 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 2 | | the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; loans or other | 4 | | funds made available pursuant to the Riverfront Development | 5 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 6 | | Act; or funds from the Fund for
Illinois' Future under Section | 7 | | 6z-47 of the State Finance Act, funds for school
construction | 8 | | under Section 5 of the General Obligation Bond Act, funds
| 9 | | authorized under Section 3 of the School Construction Bond Act, | 10 | | funds for
school infrastructure under Section 6z-45 of the | 11 | | State Finance Act, and funds
for transportation purposes under | 12 | | Section 4 of the General Obligation Bond
Act. "Public works" | 13 | | also includes (i) all projects financed in whole or in part
| 14 | | with funds from the Department of Commerce and Economic | 15 | | Opportunity under the Illinois Renewable Fuels Development | 16 | | Program
Act for which there is no project labor agreement; (ii) | 17 | | all work performed pursuant to a public private agreement under | 18 | | the Public Private Agreements for the Illiana Expressway Act or | 19 | | the Public-Private Agreements for the South Suburban Airport | 20 | | Act; and (iii) all projects undertaken under a public-private | 21 | | agreement under the Public-Private Partnerships for | 22 | | Transportation Act. "Public works" also includes all projects | 23 | | at leased facility property used for airport purposes under | 24 | | Section 35 of the Local Government Facility Lease Act. "Public | 25 | | works" also includes the construction of a new wind power | 26 | | facility by a business designated as a High Impact Business |
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| 1 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 2 | | "Public works" does not include work done directly by any | 3 | | public utility company, whether or not done under public | 4 | | supervision or direction, or paid for wholly or in part out of | 5 | | public funds. "Public works" also includes any corrective | 6 | | action performed pursuant to Title XVI of the Environmental | 7 | | Protection Act for which payment from the Underground Storage | 8 | | Tank Fund is requested. "Public works" does not include | 9 | | projects undertaken by the owner at an owner-occupied | 10 | | single-family residence or at an owner-occupied unit of a | 11 | | multi-family residence. "Public works" does not include work | 12 | | performed for soil and water conservation purposes on | 13 | | agricultural lands, whether or not done under public | 14 | | supervision or paid for wholly or in part out of public funds, | 15 | | done directly by an owner or person who has legal control of | 16 | | those lands.
| 17 | | "Construction" means all work on public works involving | 18 | | laborers,
workers or mechanics. This includes any maintenance, | 19 | | repair, assembly, or disassembly work performed on equipment | 20 | | whether owned, leased, or rented.
| 21 | | "Locality" means the county where the physical work upon | 22 | | public works
is performed, except (1) that if there is not | 23 | | available in the county a
sufficient number of competent | 24 | | skilled laborers, workers and mechanics
to construct the public | 25 | | works efficiently and properly, "locality"
includes any other | 26 | | county nearest the one in which the work or
construction is to |
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| 1 | | be performed and from which such persons may be
obtained in | 2 | | sufficient numbers to perform the work and (2) that, with
| 3 | | respect to contracts for highway work with the Department of
| 4 | | Transportation of this State, "locality" may at the discretion | 5 | | of the
Secretary of the Department of Transportation be | 6 | | construed to include
two or more adjacent counties from which | 7 | | workers may be accessible for
work on such construction.
| 8 | | "Public body" means the State or any officer, board or | 9 | | commission of
the State or any political subdivision or | 10 | | department thereof, or any
institution supported in whole or in | 11 | | part by public funds,
and includes every county, city, town,
| 12 | | village, township, school district, irrigation, utility, | 13 | | reclamation
improvement or other district and every other | 14 | | political subdivision,
district or municipality of the state | 15 | | whether such political
subdivision, municipality or district | 16 | | operates under a special charter
or not.
| 17 | | "Labor organization" means an organization that is the | 18 | | exclusive representative of an
employer's employees recognized | 19 | | or certified pursuant to the National Labor Relations Act. | 20 | | The terms "general prevailing rate of hourly wages", | 21 | | "general
prevailing rate of wages" or "prevailing rate of | 22 | | wages" when used in
this Act mean the hourly cash wages plus | 23 | | annualized fringe benefits for training and
apprenticeship | 24 | | programs approved by the U.S. Department of Labor, Bureau of
| 25 | | Apprenticeship and Training, health and welfare, insurance, | 26 | | vacations and
pensions paid generally, in the
locality in which |
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| 1 | | the work is being performed, to employees engaged in
work of a | 2 | | similar character on public works.
| 3 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 4 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 5 | | 7-16-14.)
| 6 | | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| 7 | | Sec. 4. Ascertaining prevailing wage. | 8 | | (a) The prevailing rate of wages paid to individuals | 9 | | covered under this Act shall not be less than the
rate that | 10 | | prevails for work of a similar character on public works in the | 11 | | locality in which the
work is performed under collective | 12 | | bargaining agreements or understandings between employers
or | 13 | | employer associations and bona fide labor organizations | 14 | | relating to each craft or type of
worker or mechanic needed to | 15 | | execute the contract or perform such work, and collective
| 16 | | bargaining agreements or understandings successor thereto, | 17 | | provided that said employers or
members of said employer | 18 | | associations employ at least 30% of the laborers, workers, or
| 19 | | mechanics in the same trade or occupation in the locality where | 20 | | the work is being performed. | 21 | | (b) If the prevailing rates of wages and fringe benefits | 22 | | cannot reasonably and fairly be applied
in any locality because | 23 | | no such agreements or understandings exist, the Department of | 24 | | Labor
shall determine the rates and fringe benefits for the | 25 | | same or most similar work in the nearest and
most similar |
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| 1 | | neighboring locality in which such agreements or | 2 | | understandings exist. The
Department of Labor shall keep a | 3 | | record of its findings available for inspection by any | 4 | | interested
party in the office of the Department of Labor. | 5 | | (c) In the event it is determined, after a written | 6 | | objection is filed and hearing is held in
accordance with | 7 | | Section 9 of this Act, that less than 30% of the laborers, | 8 | | workers, or
mechanics in a particular trade or occupation in | 9 | | the locality where the work is performed receive
a collectively | 10 | | bargained rate of wage, then the average wage paid to such | 11 | | laborers, workers, or
mechanics in the same trade or occupation | 12 | | in the locality for the 12-month period preceding
the | 13 | | Department of Labor's annual determination shall be the | 14 | | prevailing rate of wage. | 15 | | (d) (a) The public body awarding any contract for public | 16 | | work or
otherwise undertaking any public works , shall ascertain | 17 | | the general
prevailing rate of hourly wages in the locality in | 18 | | which the work is to
be performed, for each craft or type of | 19 | | worker or mechanic needed to
execute the contract, and where | 20 | | the public body performs the work
without letting a contract | 21 | | therefor, shall ascertain the prevailing rate
of wages on a per | 22 | | hour basis in the locality, and such public body shall
specify | 23 | | in the resolution or ordinance and in the call for bids for the
| 24 | | contract, or where the public body performs the work without | 25 | | letting the contract in a written instrument provided to the | 26 | | contractor, that the general prevailing rate of wages in the |
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| 1 | | locality for
each craft or type of worker or mechanic needed to | 2 | | execute the contract
or perform such work, also the general | 3 | | prevailing rate for legal holiday
and overtime work, as | 4 | | ascertained by the public body or by the
Department of Labor | 5 | | shall be paid for each craft or type of worker
needed to | 6 | | execute the contract or to perform such work, and it shall be
| 7 | | mandatory upon the contractor to whom the contract is awarded | 8 | | and upon
any subcontractor under him, and where the public body | 9 | | performs the
work, upon the public body, to pay not less than | 10 | | the specified rates to
all laborers, workers and mechanics | 11 | | employed by them in the execution of
the contract or such work . | 12 | | Compliance with this Act is a matter of statewide concern, and | 13 | | a public body may not opt out of any provisions herein. ; | 14 | | provided, however, that if the public body
desires that the | 15 | | Department of Labor ascertain the prevailing rate of
wages, it | 16 | | shall notify the Department of Labor to ascertain the general
| 17 | | prevailing rate of hourly wages for work under contract, or for | 18 | | work
performed by a public body without letting a contract as | 19 | | required in the
locality in which the work is to be performed, | 20 | | for each craft or type of
worker or mechanic needed to execute | 21 | | the contract or project or work to
be performed. Upon such | 22 | | notification the Department of Labor shall
ascertain such | 23 | | general prevailing rate of wages, and certify the
prevailing | 24 | | wage to such public body. | 25 | | (e) (a-1) The public body or other entity awarding the
| 26 | | contract shall cause to be inserted in the project |
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| 1 | | specifications and the
contract a stipulation to the
effect | 2 | | that not less than the prevailing rate of wages as found by the
| 3 | | public body or Department of Labor or determined by the court | 4 | | on review
shall be paid to all laborers, workers and mechanics | 5 | | performing work
under the contract.
| 6 | | (f) (a-2) When a public body or other entity covered by | 7 | | this Act has awarded work to a contractor without a public bid, | 8 | | contract or project specification, such public body or other | 9 | | entity shall comply with subsection (e) (a-1) by providing the | 10 | | contractor with written notice on the purchase order related to | 11 | | the work to be done or on a separate document indicating that | 12 | | not less than the prevailing rate of wages ascertained as found | 13 | | by the public body or Department of Labor or determined by the | 14 | | court on review shall be paid to all laborers, workers, and | 15 | | mechanics performing work on the project. | 16 | | (g) (a-3) Where a complaint is made and the Department of | 17 | | Labor determines that a violation occurred, the Department of | 18 | | Labor shall determine if proper written notice under this | 19 | | Section 4 was given. If proper written notice was not provided | 20 | | to the contractor by the public body or other entity, the | 21 | | Department of Labor shall order the public body or other entity | 22 | | to pay any interest, penalties or fines that would have been | 23 | | owed by the contractor if proper written notice were provided. | 24 | | The failure by a public body or other entity to provide written | 25 | | notice does not relieve the contractor of the duty to comply | 26 | | with the prevailing wage rate, nor of the obligation to pay any |
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| 1 | | back wages, as determined under this Act. For the purposes of | 2 | | this subsection, back wages shall be limited to the difference | 3 | | between the actual amount paid and the prevailing rate of wages | 4 | | required to be paid for the project. The failure of a public | 5 | | body or other entity to provide written notice under this | 6 | | Section 4 does not diminish the right of a laborer, worker, or | 7 | | mechanic to the prevailing rate of wages as determined under | 8 | | this Act. | 9 | | (h) (b) It shall also be mandatory upon the contractor to | 10 | | whom the contract is
awarded
to insert into each subcontract | 11 | | and into the project specifications for each
subcontract a | 12 | | written stipulation to the effect that not less than the
| 13 | | prevailing
rate of wages shall be paid to all laborers, | 14 | | workers, and mechanics performing
work under the contract. It | 15 | | shall also be mandatory upon each subcontractor to
cause to be | 16 | | inserted into each lower tiered subcontract
and into the | 17 | | project specifications for each lower tiered subcontract a
| 18 | | stipulation to the effect that not less
than the prevailing | 19 | | rate of wages shall be paid to all laborers, workers, and
| 20 | | mechanics performing work under the contract. A contractor or | 21 | | subcontractor who
fails to comply with this subsection (b) is | 22 | | in violation of this Act.
| 23 | | (i) (b-1) When a contractor has awarded work to a | 24 | | subcontractor without a contract or contract specification, | 25 | | the contractor shall comply with subsection (h) (b) by | 26 | | providing a subcontractor with a written statement indicating |
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| 1 | | that not less than the prevailing rate of wages shall be paid | 2 | | to all laborers, workers, and mechanics performing work on the | 3 | | project. A contractor or subcontractor who fails to comply with | 4 | | this subsection (b-1) is in violation of this Act. | 5 | | (j) (b-2) Where a complaint is made and the Department of | 6 | | Labor determines that a violation has occurred, the Department | 7 | | of Labor shall determine if proper written notice under this | 8 | | Section 4 was given. If proper written notice was not provided | 9 | | to the subcontractor by the contractor, the Department of Labor | 10 | | shall order the contractor to pay any interest, penalties, or | 11 | | fines that would have been owed by the subcontractor if proper | 12 | | written notice were provided. The failure by a contractor to | 13 | | provide written notice to a subcontractor does not relieve the | 14 | | subcontractor of the duty to comply with the prevailing wage | 15 | | rate, nor of the obligation to pay any back wages, as | 16 | | determined under this Act. For the purposes of this subsection, | 17 | | back wages shall be limited to the difference between the | 18 | | actual amount paid and the prevailing rate of wages required | 19 | | for the project. However, if proper written notice was not | 20 | | provided to the contractor by the public body or other entity | 21 | | under this Section 4, the Department of Labor shall order the | 22 | | public body or other entity to pay any interest, penalties, or | 23 | | fines that would have been owed by the subcontractor if proper | 24 | | written notice were provided. The failure by a public body or | 25 | | other entity to provide written notice does not relieve the | 26 | | subcontractor of the duty to comply with the prevailing wage |
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| 1 | | rate, nor of the obligation to pay any back wages, as | 2 | | determined under this Act. For the purposes of this subsection, | 3 | | back wages shall be limited to the difference between the | 4 | | actual amount paid and the prevailing rate of wages required | 5 | | for the project. The failure to provide written notice by a | 6 | | public body, other entity, or contractor does not diminish the | 7 | | right of a laborer, worker, or mechanic to the prevailing rate | 8 | | of wages as determined under this Act. | 9 | | (k) (c) A public body or other entity shall also require in | 10 | | all contractor's and subcontractor's bonds
that the contractor | 11 | | or subcontractor include such provision as will guarantee the
| 12 | | faithful performance of such prevailing wage clause as provided | 13 | | by
contract or other written instrument. All bid specifications | 14 | | shall list the specified rates to all
laborers, workers and | 15 | | mechanics in the locality for each craft or type of
worker or | 16 | | mechanic needed to execute the contract.
| 17 | | (l) (d) If the Department of Labor
revises the prevailing | 18 | | rate of hourly wages to be paid by the public body or other | 19 | | entity, the
revised rate shall apply to such contract, and the | 20 | | public body or other entity shall be
responsible to notify the | 21 | | contractor and each subcontractor, of the revised
rate.
| 22 | | The public body or other entity shall discharge its duty to | 23 | | notify of the revised rates by inserting a written stipulation | 24 | | in all contracts or other written instruments that states the | 25 | | prevailing rate of wages are revised by the Department of Labor | 26 | | and are available on the Department's official website. This |
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| 1 | | shall be deemed to be proper notification of any rate changes | 2 | | under this subsection. | 3 | | (m) (e) Two or more investigatory hearings under this | 4 | | Section on the issue
of establishing a new prevailing wage | 5 | | classification for a particular craft
or type of worker shall | 6 | | be consolidated in a single hearing before the
Department. Such | 7 | | consolidation shall occur whether each separate investigatory
| 8 | | hearing is conducted by a public body or the Department. The | 9 | | party requesting
a consolidated investigatory hearing shall | 10 | | have the burden of establishing that
there is no existing | 11 | | prevailing wage classification for the particular craft or
type | 12 | | of worker in any of the localities under consideration.
| 13 | | (n) (f) It shall be mandatory upon the contractor or | 14 | | construction manager
to whom a contract for public works is | 15 | | awarded to post, at a
location on the project site of the | 16 | | public works that is
easily accessible to the workers engaged | 17 | | on the project,
the prevailing wage rates for each craft or | 18 | | type of worker
or mechanic needed to execute the contract or | 19 | | project or
work to be performed. In lieu of posting on the | 20 | | project site of the public works, a contractor which has a | 21 | | business location where laborers, workers, and mechanics | 22 | | regularly visit may: (1) post in a conspicuous location at that | 23 | | business the current prevailing wage rates for each county in | 24 | | which the contractor is performing work; or (2) provide such | 25 | | laborer, worker, or mechanic engaged on the public works | 26 | | project a written notice indicating the prevailing wage rates |
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| 1 | | for the public works project. A failure to post or provide a | 2 | | prevailing wage
rate as required by this Section is a violation | 3 | | of this Act.
| 4 | | (Source: P.A. 96-437, eff. 1-1-10; 97-964, eff. 1-1-13.)
| 5 | | (820 ILCS 130/7) (from Ch. 48, par. 39s-7)
| 6 | | Sec. 7.
The finding of the public body awarding the | 7 | | contract or
authorizing the work or the Department of Labor | 8 | | ascertaining and
declaring the general prevailing rate of | 9 | | hourly wages shall be final for
all purposes of the contract | 10 | | for public work then being considered,
unless reviewed under | 11 | | the provisions of this Act. Nothing in this Act,
however, shall | 12 | | be construed to prohibit the payment to any laborer,
worker or | 13 | | mechanic employed on any public work, as aforesaid, of more
| 14 | | than the prevailing rate of wages; provided further that | 15 | | nothing in this
Act shall be construed to limit the hours of | 16 | | work which may be performed
by any person in any particular | 17 | | period of time.
| 18 | | (Source: P.A. 81-992.)
| 19 | | (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
| 20 | | Sec. 9.
To effectuate the purpose and policy of this Act , | 21 | | the each public
body shall, during the month of June of each | 22 | | calendar year, investigate
and ascertain the prevailing rate of | 23 | | wages as defined in this Act and
publicly post or keep | 24 | | available for inspection by any interested party
in the main |
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| 1 | | office of such public body its determination of such
prevailing | 2 | | rate of wage and shall promptly file, no later than July 15 of
| 3 | | each year, a certified copy thereof
in the office of the
| 4 | | Illinois Department of Labor. The Department of Labor shall , | 5 | | during the month of June of each calendar
year, investigate and | 6 | | ascertain the prevailing rate of wages for each county
in the | 7 | | State and shall publish the prevailing wage schedule | 8 | | ascertained on its official website no later than
July 15 of | 9 | | each year. If the prevailing rate of wages is based on a | 10 | | collective bargaining
agreement, any increases directly | 11 | | ascertainable from such collective bargaining agreement shall
| 12 | | also be published on the website. Further, if the prevailing | 13 | | rate of wages is based on a collective
bargaining agreement, | 14 | | the explanation of classes on the prevailing wage schedule | 15 | | shall be
consistent with the classifications established under | 16 | | the collective bargaining agreement . If a public body does not | 17 | | investigate and ascertain the
prevailing
rate of wages during | 18 | | the month of June as required by the previous paragraph,
then | 19 | | the prevailing rate of wages for that public body shall be the | 20 | | rate
as determined by the Department under this paragraph for | 21 | | the county in which
such public body is located.
| 22 | | Where the Department of Labor ascertains the prevailing | 23 | | rate of
wages, it is the duty of the Department of Labor within | 24 | | 30 days after
receiving a notice from the public body | 25 | | authorizing the proposed work,
to conduct an investigation to | 26 | | ascertain the prevailing rate of wages as
defined in this Act |
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| 1 | | and such investigation shall be conducted in the
locality in | 2 | | which the work is to be performed. The Department of Labor
| 3 | | shall send a certified copy of its findings to the public body
| 4 | | authorizing the work and keep a record of its findings | 5 | | available for
inspection by any interested party in the office | 6 | | of the Department of
Labor at Springfield.
| 7 | | The public body except for the Department of Transportation | 8 | | with
respect to highway contracts shall within 30 days after | 9 | | filing with the Department of Labor, or the Department of Labor | 10 | | shall within 30 days
after filing with such public body, | 11 | | publish in a newspaper of general
circulation within the area | 12 | | that the determination is effective, a
notice of its | 13 | | determination and shall promptly mail a copy of its
| 14 | | determination to any employer, and to any association of | 15 | | employers and
to any person or association of employees who | 16 | | have filed their names and
addresses, requesting copies of any | 17 | | determination stating the particular
rates and the particular | 18 | | class of workers whose wages will be affected
by such rates.
| 19 | | At any time within 30 days after the Department of Labor | 20 | | has published
on its official web site a prevailing wage | 21 | | schedule, any person affected
thereby may object in writing to | 22 | | the determination or such part thereof
as they may deem | 23 | | objectionable by filing a written notice with the
public body | 24 | | or Department of Labor , whichever has made such
determination, | 25 | | stating the specified grounds of the objection. A person filing | 26 | | an objection alleging that the actual percentage of
laborers, |
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| 1 | | workers, or mechanics that receive a collectively bargained | 2 | | rate of wage is below the
required 30% shall have the burden of | 3 | | establishing such and shall support the allegation
with | 4 | | competent evidence. During the pendency of any objection and | 5 | | until final determination
thereof, the work in question shall | 6 | | proceed under the rate established by the Department. It shall
| 7 | | thereafter be the duty of the public body or Department of | 8 | | Labor to set
a date for a hearing on the objection after giving | 9 | | written notice to the
objectors at least 10 days before the | 10 | | date of the hearing and said
notice shall state the time and | 11 | | place of such hearing. Such hearing by the Department of Labor | 12 | | a
public body shall be held within 45 days after the objection | 13 | | is filed,
and shall not be postponed or reset for a later date | 14 | | except upon the
consent, in writing, of all the objectors and | 15 | | the Department of Labor public body . If such
hearing is not | 16 | | held by the public body within the time herein specified,
the | 17 | | Department of Labor may, upon request of the objectors, conduct | 18 | | the
hearing on behalf of the public body.
| 19 | | The public body or Department of Labor may , whichever has | 20 | | made such
determination, is authorized in its discretion to | 21 | | hear each written
objection filed separately or consolidate for | 22 | | hearing any one or more
written objections filed with them . At | 23 | | such hearing , the public body or
Department of Labor shall | 24 | | introduce in evidence the investigation it
instituted which | 25 | | formed the basis of its determination, and the public
body or | 26 | | Department of Labor , or any interested objectors may thereafter
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| 1 | | introduce such evidence as is material to the issue. | 2 | | Thereafter, the
public body or Department of Labor , must rule | 3 | | upon the written objection
and make such final determination as | 4 | | it believes the evidence warrants ,
and promptly file a | 5 | | certified copy of its final determination with such
public | 6 | | body, and serve a copy by personal
service , or registered mail , | 7 | | or electronic mail on all parties to the proceedings. The final
| 8 | | determination by the Department of Labor or a public body shall | 9 | | be rendered
within 30 days after the conclusion of the hearing.
| 10 | | If proceedings to review judicially the final | 11 | | determination of the
public body or Department of Labor are not | 12 | | instituted as hereafter
provided, such determination shall be | 13 | | final and binding.
| 14 | | The provisions of the Administrative Review Law, and all | 15 | | amendments
and modifications thereof, and the rules
adopted | 16 | | pursuant thereto, shall apply to and govern all proceedings for
| 17 | | the judicial review of final administrative decisions of any | 18 | | public body
or the Department of Labor hereunder . The term | 19 | | "administrative decision"
is defined as in Section 3-101 of the | 20 | | Code of Civil Procedure.
| 21 | | Appeals from all final orders and judgments entered by the | 22 | | court in
review of the final administrative decision of the | 23 | | public body or
Department of Labor, may be taken by any party | 24 | | to the action.
| 25 | | Any proceeding in any court affecting a determination of | 26 | | the
Department of Labor or public body shall have priority in |
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| 1 | | hearing and
determination over all other civil proceedings | 2 | | pending in said court,
except election contests.
| 3 | | In all reviews or appeals under this Act, it shall be the | 4 | | duty of the
Attorney General to represent the Department of | 5 | | Labor, and defend its
determination. The Attorney General shall | 6 | | not represent any public body,
except the State, in any such | 7 | | review or appeal.
| 8 | | (Source: P.A. 98-173, eff. 1-1-14.)
| 9 | | (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
| 10 | | Sec. 10.
The presiding officer of the public body, or his | 11 | | or her authorized
representative and the Director of the | 12 | | Department of Labor, or his or
her authorized representative | 13 | | may interview workers, administer oaths, take
or cause to be | 14 | | taken
the depositions of witnesses, and require by subpoena the | 15 | | attendance and
testimony of witnesses, and the production of | 16 | | all books, records, and other
evidence relative to the matter | 17 | | under investigation or hearing. Such
subpoena shall be signed | 18 | | and issued by such presiding officer or his or her
authorized | 19 | | representative, or the Director or his or her authorized
| 20 | | representative.
| 21 | | Upon request by the Director of Labor or his or her | 22 | | deputies or agents,
records shall be copied and submitted for | 23 | | evidence at no cost to the
Department of Labor. Every employer | 24 | | upon request shall furnish to the
Director or his or her | 25 | | authorized representative, on demand, a sworn statement
of the |
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| 1 | | accuracy of the records. Any employer who refuses to furnish a | 2 | | sworn
statement of the records is in violation of this Act.
| 3 | | In case of failure of any person to comply with any | 4 | | subpoena lawfully
issued under this Section section or on the | 5 | | refusal of any witness to produce
evidence or to testify to any | 6 | | matter regarding which he or she may be
lawfully interrogated, | 7 | | it is the duty of any circuit court, upon
application of such | 8 | | presiding officer or his or her authorized representative,
or | 9 | | the Director or his or her authorized representative, to compel | 10 | | obedience by
proceedings for contempt, as in the case of | 11 | | disobedience of the requirements of
a subpoena issued by such | 12 | | court or a refusal to testify therein. The Such presiding
| 13 | | officer and the Director may certify to official acts.
| 14 | | (Source: P.A. 93-38, eff. 6-1-04 .)
| 15 | | (820 ILCS 130/8 rep.)
| 16 | | Section 10. The Prevailing Wage Act is amended by repealing | 17 | | Section 8.
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