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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1375eng HB1375 Engrossed LRB9104619WHdv 1 AN ACT in relation to prevailing rates of wages. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.490 as follows: 6 (30 ILCS 105/5.490 new) 7 Sec. 5.490. The Prevailing Wage Enforcement Fund. 8 Section 10. The Prevailing Wage Act is amended by 9 changing Sections 6, 9, 10, and 11 as follows: 10 (820 ILCS 130/6) (from Ch. 48, par. 39s-6) 11 Sec. 6. Any officer, agent or representative of any 12 public body who wilfully violates, or omits to comply with, 13 any of the provisions of this Act, and any contractor or 14 subcontractor, or agent or representative thereof, doing 15 public work as aforesaid, who neglects to keep, or cause to 16 be kept, an accurate record of the names, occupation and 17 actual wages paid to each laborer, worker and mechanic 18 employed by him, in connection with the public work or who 19 refuses to allow access to same at any reasonable hour to any 20 person authorized to inspect same under this Act, is guilty 21 of a Class B misdemeanor. 22 The Department of Labor shall complete its investigation 23 of a complaint within 90 days after the complaint is filed. 24 The Department of Labor shall inquire diligently as to 25 any violation of this Act, shall institute actions for 26 penalties herein prescribed, and shall enforce generally the 27 provisions of this Act. The Attorney General shall prosecute 28 such cases upon complaint by the Department or any interested 29 person. HB1375 Engrossed -2- LRB9104619WHdv 1 (Source: P.A. 81-992.) 2 (820 ILCS 130/9) (from Ch. 48, par. 39s-9) 3 Sec. 9. To effectuate the purpose and policy of this Act 4 each public body shall, during the month of June of each 5 calendar year, investigate and ascertain the prevailing rate 6 of wages as defined in this Act and publicly post or keep 7 available for inspection by any interested party in the main 8 office of such public body its determination of such 9 prevailing rate of wage and shall promptly file a certified 10 copy thereof in the office of the Secretary of State at 11 Springfield. 12 The Department of Labor shall during the month of June of 13 each calendar year, investigate and ascertain the prevailing 14 rate of wages for each county in the State. If a public body 15 does not investigate and ascertain the prevailing rate of 16 wages during the month of June as required by the previous 17 paragraph, then the prevailing rate of wages for that public 18 body shall be the rate as determined by the Department under 19 this paragraph for the county in which such public body is 20 located. 21 Where the Department of Labor ascertains the prevailing 22 rate of wages, it is the duty of the Department of Labor 23 within 30 days after receiving a notice from the public body 24 authorizing the proposed work, to conduct an investigation to 25 ascertain the prevailing rate of wages as defined in this Act 26 and such investigation shall be conducted in the locality in 27 which the work is to be performed. The Department of Labor 28 shall send a certified copy of its findings to the public 29 body authorizing the work and keep a record of its findings 30 available for inspection by any interested party in the 31 office of the Department of Labor at Springfield. 32 The public body except for the Department of 33 Transportation with respect to highway contracts shall within HB1375 Engrossed -3- LRB9104619WHdv 1 30 days after filing with the Secretary of State, or the 2 Department of Labor shall within 30 days after filing with 3 such public body, publish in a newspaper of general 4 circulation within the area that the determination is 5 effective, a notice of its determination and shall promptly 6 mail a copy of its determination to any employer, and to any 7 association of employers and to any person or association of 8 employees who have filed their names and addresses, 9 requesting copies of any determination stating the particular 10 rates and the particular class of workers whose wages will be 11 affected by such rates. 12 At any time within 15 days after a certified copy of the 13 determination has been published as herein provided, any 14 person affected thereby may object in writing to the 15 determination or such part thereof as they may deem 16 objectionable by filing a written notice with the public body 17 or Department of Labor, whichever has made such 18 determination, stating the specified grounds of the 19 objection. It shall thereafter be the duty of the public body 20 or Department of Labor to set a date for a hearing on the 21 objection after giving written notice to the objectors at 22 least 10 days before the date of the hearing and said notice 23 shall state the time and place of such hearing. Such hearing 24 by a public body shall be held within 20 days after the 25 objection is filed, and shall not be postponed or reset for a 26 later date except upon the consent, in writing, of all the 27 objectors and the public body. If such hearing is not held by 28 the public body within the time herein specified, the 29 Department of Labor may, upon request of the objectors, 30 conduct the hearing on behalf of the public body. 31 The public body or Department of Labor, whichever has 32 made such determination, is authorized in its discretion to 33 hear each written objection filed separately or consolidate 34 for hearing any one or more written objections filed with HB1375 Engrossed -4- LRB9104619WHdv 1 them. At such hearing the public body or Department of Labor 2 shall introduce in evidence the investigation it instituted 3 which formed the basis of its determination, and the public 4 body or Department of Labor, or any interested objectors may 5 thereafter introduce such evidence as is material to the 6 issue. Thereafter, the public body or Department of Labor, 7 must rule upon the written objection and make such final 8 determination as it believes the evidence warrants, and 9 promptly file a certified copy of its final determination 10 with such public body and the Secretary of State, and serve a 11 copy by personal service or registered mail on all parties to 12 the proceedings. The final determination by a public body 13 shall be rendered within 10 days after the conclusion of the 14 hearing. 15 If proceedings to review judicially the final 16 determination of the public body or Department of Labor are 17 not instituted as hereafter provided, such determination 18 shall be final and binding. 19 The provisions of the Administrative Review Law, and all 20 amendments and modifications thereof, and the rules adopted 21 pursuant thereto, shall apply to and govern all proceedings 22 for the judicial review of final administrative decisions of 23 any public body or the Department of Labor hereunder. The 24 term "administrative decision" is defined as in Section 3-101 25 of the Code of Civil Procedure. 26 Appeals from all final orders and judgments entered by 27 the court in review of the final administrative decision of 28 the public body or Department of Labor, may be taken by any 29 party to the action. 30 Any proceeding in any court affecting a determination of 31 the Department of Labor or public body shall have priority in 32 hearing and determination over all other civil proceedings 33 pending in said court, except election contests. 34 In all reviews or appeals under this Act, it shall be the HB1375 Engrossed -5- LRB9104619WHdv 1 duty of the Attorney General to represent the Department of 2 Labor, and defend its determination. The Attorney General 3 shall not represent any public body, except the State, in any 4 such review or appeal. 5 Contractors and subcontractors covered by this Act shall 6 post, at a location on the project site of the public works 7 that is easily accessible to their employees engaged on the 8 project, the prevailing wage rates for each craft or type of 9 worker or mechanic needed to execute the contract or project 10 or work to be performed. A failure to post a prevailing wage 11 rate as required by this Section is a violation of this Act. 12 (Source: P.A. 83-201.) 13 (820 ILCS 130/10) (from Ch. 48, par. 39s-10) 14 Sec. 10. The presiding officer of the public body, or 15 his or her authorized representative and the Director of the 16 Department of Labor, or his or her authorized representative 17 may administer oaths, take or cause to be taken the 18 depositions of witnesses, and require by subpoena the 19 attendance and testimony of witnesses, and the production of 20 all books, records, and other evidence relative to the matter 21 under investigation or hearing. Such subpoena shall be signed 22 and issued by such presiding officer or his or her authorized 23 representative, or the Director or his or her authorized 24 representative. 25 In case of failure of any person to comply with any 26 subpoena lawfully issued under this section or on the refusal 27 of any witness to produce evidence or to testify to any 28 matter regarding which he or she may be lawfully 29 interrogated, it is the duty of any circuit court, upon 30 application of such presiding officer or his or her 31 authorized representative, or the Director or his or her 32 authorized representative, to compel obedience by proceedings 33 for contempt, as in the case of disobedience of the HB1375 Engrossed -6- LRB9104619WHdv 1 requirements of a subpoena issued by such court or a refusal 2 to testify therein. Such presiding officer and the Director 3 may certify to official acts. 4 Failure to comply with a subpoena is a violation of this 5 Act. 6 (Source: P.A. 83-334.) 7 (820 ILCS 130/11) (from Ch. 48, par. 39s-11) 8 Sec. 11. No public works project shall be instituted 9 unless the provisions of this Act have been complied with. 10 The provisions of this Act shall not be applicable to Federal 11 construction projects which require a prevailing wage 12 determination by the United States Secretary of Labor. The 13 Illinois Department of Labor represented by the Attorney 14 General is empowered to sue for injunctive relief against the 15 awarding of any contract or the continuation of work under 16 any contract for public works at a time when the prevailing 17 wage prerequisites have not been met. Any contract for 18 public works awarded at a time when the prevailing wage 19 prerequisites had not been met shall be void as against 20 public policy and the contractor is prohibited from 21 recovering any damages for the voiding of the contract or 22 pursuant to the terms of the contract. The contractor is 23 limited to a claim for amounts actually paid for labor and 24 materials supplied to the public body. Where objections to a 25 determination of the prevailing rate of wages or a court 26 action relative thereto is pending, the public body shall not 27 continue work on the project unless sufficient funds are 28 available to pay increased wages if such are finally 29 determined or unless the Department of Labor certifies such 30 determination of the prevailing rate of wages as correct. 31 Any laborer, worker or mechanic employed by the 32 contractor or by any sub-contractor under him who is paid for 33 his services in a sum less than the stipulated rates for work HB1375 Engrossed -7- LRB9104619WHdv 1 done under such contract, shall have a right of action for 2 whatever difference there may be between the amount so paid, 3 and the rates provided by the contract together with costs 4 and such reasonable attorney's fees as shall be allowed by 5 the court. Such contractor or subcontractor shall also be 6 liable to the Department of Labor for 20% of such 7 underpayments and shall be additionally liable to the 8 laborer, worker or mechanic for punitive damages in the 9 amount of 2% of the amount of any such penalty to the State 10 for underpayments for each month following the date of 11 payment during which such underpayments remain unpaid. The 12 Department shall also have a right of action on behalf of any 13 individual who has a right of action under this Section. An 14 action brought to recover same shall be deemed to be a suit 15 for wages, and any and all judgments entered therein shall 16 have the same force and effect as other judgments for wages. 17 At the request of any laborer, workman or mechanic employed 18 by the contractor or by any subcontractor under him who is 19 paid less than the prevailing wage rate required by this Act, 20 the Department of Labor may take an assignment of such wage 21 claim in trust for the assigning laborer, workman or mechanic 22 and may bring any legal action necessary to collect such 23 claim, and the contractor or subcontractor shall be required 24 to pay the costs incurred in collecting such claim. 25 (Source: P.A. 86-799.)