Illinois General Assembly - Full Text of HB3120
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Full Text of HB3120  100th General Assembly


Rep. Tom Demmer

Filed: 3/16/2017





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2    AMENDMENT NO. ______. Amend House Bill 3120 by replacing
3everything after the enacting clause with the following:
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



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1each calendar year, investigate and ascertain the prevailing
2rate of wages for each county in the State. If a public body
3does not investigate and ascertain the prevailing rate of wages
4during the month of June as required by the previous paragraph,
5then the prevailing rate of wages for that public body shall be
6the rate as determined by the Department under this paragraph
7for the county in which such public body is located.
8    Where the Department of Labor ascertains the prevailing
9rate of wages, it is the duty of the Department of Labor within
1030 days after receiving a notice from the public body
11authorizing the proposed work, to conduct an investigation to
12ascertain the prevailing rate of wages as defined in this Act
13and such investigation shall be conducted in the locality in
14which the work is to be performed. The Department of Labor
15shall send a certified copy of its findings to the public body
16authorizing the work and keep a record of its findings
17available for inspection by any interested party in the office
18of the Department of Labor at Springfield.
19    The public body except for the Department of Transportation
20with respect to highway contracts shall within 30 days after
21filing with the Department of Labor, or the Department of Labor
22shall within 30 days after filing with such public body,
23publish in a newspaper of general circulation within the area
24that the determination is effective, a notice of its
25determination and shall promptly mail a copy of its
26determination to any employer, and to any association of



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1employers and to any person or association of employees who
2have filed their names and addresses, requesting copies of any
3determination stating the particular rates and the particular
4class of workers whose wages will be affected by such rates. If
5the Department of Labor ascertains the prevailing rate of wages
6for a public body, the public body may satisfy the newspaper
7publication requirement in this paragraph by posting on the
8public body's website a notice of its determination with a
9hyperlink to the prevailing wage schedule that is published on
10the official website of the Department of Labor.
11    At any time within 30 days after the Department of Labor
12has published on its official web site a prevailing wage
13schedule, any person affected thereby may object in writing to
14the determination or such part thereof as they may deem
15objectionable by filing a written notice with the public body
16or Department of Labor, whichever has made such determination,
17stating the specified grounds of the objection. It shall
18thereafter be the duty of the public body or Department of
19Labor to set a date for a hearing on the objection after giving
20written notice to the objectors at least 10 days before the
21date of the hearing and said notice shall state the time and
22place of such hearing. Such hearing by a public body shall be
23held within 45 days after the objection is filed, and shall not
24be postponed or reset for a later date except upon the consent,
25in writing, of all the objectors and the public body. If such
26hearing is not held by the public body within the time herein



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1specified, the Department of Labor may, upon request of the
2objectors, conduct the hearing on behalf of the public body.
3    The public body or Department of Labor, whichever has made
4such determination, is authorized in its discretion to hear
5each written objection filed separately or consolidate for
6hearing any one or more written objections filed with them. At
7such hearing the public body or Department of Labor shall
8introduce in evidence the investigation it instituted which
9formed the basis of its determination, and the public body or
10Department of Labor, or any interested objectors may thereafter
11introduce such evidence as is material to the issue.
12Thereafter, the public body or Department of Labor, must rule
13upon the written objection and make such final determination as
14it believes the evidence warrants, and promptly file a
15certified copy of its final determination with such public
16body, and serve a copy by personal service or registered mail
17on all parties to the proceedings. The final determination by
18the Department of Labor or a public body shall be rendered
19within 30 days after the conclusion of the hearing.
20    If proceedings to review judicially the final
21determination of the public body or Department of Labor are not
22instituted as hereafter provided, such determination shall be
23final and binding.
24    The provisions of the Administrative Review Law, and all
25amendments and modifications thereof, and the rules adopted
26pursuant thereto, shall apply to and govern all proceedings for



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1the judicial review of final administrative decisions of any
2public body or the Department of Labor hereunder. The term
3"administrative decision" is defined as in Section 3-101 of the
4Code of Civil Procedure.
5    Appeals from all final orders and judgments entered by the
6court in review of the final administrative decision of the
7public body or Department of Labor, may be taken by any party
8to the action.
9    Any proceeding in any court affecting a determination of
10the Department of Labor or public body shall have priority in
11hearing and determination over all other civil proceedings
12pending in said court, except election contests.
13    In all reviews or appeals under this Act, it shall be the
14duty of the Attorney General to represent the Department of
15Labor, and defend its determination. The Attorney General shall
16not represent any public body, except the State, in any such
17review or appeal.
18(Source: P.A. 98-173, eff. 1-1-14.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".