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


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: Bipartisan Bill

Status: (Introduced) 2017-04-25 - State Mandates Fiscal Note Filed [HB3044 Detail]

Download: Illinois-2017-HB3044-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3044

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:
820 ILCS 130/9 from Ch. 48, par. 39s-9

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.
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A BILL FOR

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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 July
315 of each year, based on the prevailing rate of wages
4investigated and ascertained by the Department during the month
5of June.
6 Where the Department of Labor ascertains the prevailing
7rate of wages, it is the duty of the Department of Labor within
830 days after receiving a notice from the public body
9authorizing the proposed work, to conduct an investigation to
10ascertain the prevailing rate of wages as defined in this Act
11and such investigation shall be conducted in the locality in
12which the work is to be performed. The Department of Labor
13shall send a certified copy of its findings to the public body
14authorizing the work and keep a record of its findings
15available for inspection by any interested party in the office
16of the Department of Labor at Springfield.
17 The public body except for the Department of Transportation
18with respect to highway contracts shall within 30 days after
19filing with the Department of Labor, or the Department of Labor
20shall within 30 days after filing with such public body,
21publish in a newspaper of general circulation within the area
22that the determination is effective, a notice of its
23determination and shall promptly mail a copy of its
24determination to any employer, and to any association of
25employers and to any person or association of employees who
26have filed their names and addresses, requesting copies of any

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

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

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