Bill Text: IL HB3044 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Prevailing Wage Act. Requires the Department of Labor to publish, by July 15 of each year on its official website, a prevailing wage schedule for each county in the State based upon the prevailing rate of wages investigated and ascertained by the Department during the month of June.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB3044 Detail]

Download: Illinois-2017-HB3044-Engrossed.html

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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Prevailing Wage Act is amended by changing
5Section 9 as follows:
6 (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
7 Sec. 9. To effectuate the purpose and policy of this Act
8each public body shall, during the month of June of each
9calendar year, investigate and ascertain the prevailing rate of
10wages as defined in this Act and publicly post or keep
11available for inspection by any interested party in the main
12office of such public body its determination of such prevailing
13rate of wage and shall promptly file, no later than July 15 of
14each year, a certified copy thereof in the office of the
15Illinois Department of Labor.
16 The Department of Labor shall during the month of June of
17each calendar year, investigate and ascertain the prevailing
18rate of wages for each county in the State. If a public body
19does not investigate and ascertain the prevailing rate of wages
20during the month of June as required by the previous paragraph,
21then the prevailing rate of wages for that public body shall be
22the rate as determined by the Department under this paragraph
23for the county in which such public body is located. The

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1Department shall publish on its official website a prevailing
2wage schedule for each county in the State, no later than
3August 15 of each year, based on the prevailing rate of wages
4investigated and ascertained by the Department during the month
5of June. Nothing prohibits the Department from publishing
6prevailing wage rates more than once per year.
7 Where the Department of Labor ascertains the prevailing
8rate of wages, it is the duty of the Department of Labor within
930 days after receiving a notice from the public body
10authorizing the proposed work, to conduct an investigation to
11ascertain the prevailing rate of wages as defined in this Act
12and such investigation shall be conducted in the locality in
13which the work is to be performed. The Department of Labor
14shall send a certified copy of its findings to the public body
15authorizing the work and keep a record of its findings
16available for inspection by any interested party in the office
17of the Department of Labor at Springfield.
18 The public body except for the Department of Transportation
19with respect to highway contracts shall within 30 days after
20filing with the Department of Labor, or the Department of Labor
21shall within 30 days after filing with such public body,
22publish in a newspaper of general circulation within the area
23that the determination is effective, a notice of its
24determination and shall promptly mail a copy of its
25determination to any employer, and to any association of
26employers and to any person or association of employees who

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1have filed their names and addresses, requesting copies of any
2determination stating the particular rates and the particular
3class of workers whose wages will be affected by such rates.
4 At any time within 30 days after the Department of Labor
5has published on its official web site a prevailing wage
6schedule, any person affected thereby may object in writing to
7the determination or such part thereof as they may deem
8objectionable by filing a written notice with the public body
9or Department of Labor, whichever has made such determination,
10stating the specified grounds of the objection. It shall
11thereafter be the duty of the public body or Department of
12Labor to set a date for a hearing on the objection after giving
13written notice to the objectors at least 10 days before the
14date of the hearing and said notice shall state the time and
15place of such hearing. Such hearing by a public body shall be
16held within 45 days after the objection is filed, and shall not
17be postponed or reset for a later date except upon the consent,
18in writing, of all the objectors and the public body. If such
19hearing is not held by the public body within the time herein
20specified, the Department of Labor may, upon request of the
21objectors, conduct the hearing on behalf of the public body.
22 The public body or Department of Labor, whichever has made
23such determination, is authorized in its discretion to hear
24each written objection filed separately or consolidate for
25hearing any one or more written objections filed with them. At
26such hearing the public body or Department of Labor shall

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1introduce in evidence the investigation it instituted which
2formed the basis of its determination, and the public body or
3Department of Labor, or any interested objectors may thereafter
4introduce such evidence as is material to the issue.
5Thereafter, the public body or Department of Labor, must rule
6upon the written objection and make such final determination as
7it believes the evidence warrants, and promptly file a
8certified copy of its final determination with such public
9body, and serve a copy by personal service or registered mail
10on all parties to the proceedings. The final determination by
11the Department of Labor or a public body shall be rendered
12within 30 days after the conclusion of the hearing.
13 If proceedings to review judicially the final
14determination of the public body or Department of Labor are not
15instituted as hereafter provided, such determination shall be
16final and binding.
17 The provisions of the Administrative Review Law, and all
18amendments and modifications thereof, and the rules adopted
19pursuant thereto, shall apply to and govern all proceedings for
20the judicial review of final administrative decisions of any
21public body or the Department of Labor hereunder. The term
22"administrative decision" is defined as in Section 3-101 of the
23Code of Civil Procedure.
24 Appeals from all final orders and judgments entered by the
25court in review of the final administrative decision of the
26public body or Department of Labor, may be taken by any party

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1to the action.
2 Any proceeding in any court affecting a determination of
3the Department of Labor or public body shall have priority in
4hearing and determination over all other civil proceedings
5pending in said court, except election contests.
6 In all reviews or appeals under this Act, it shall be the
7duty of the Attorney General to represent the Department of
8Labor, and defend its determination. The Attorney General shall
9not represent any public body, except the State, in any such
10review or appeal.
11(Source: P.A. 98-173, eff. 1-1-14.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.