Full Text of SB1647 101st General Assembly
SB1647 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1647 Introduced 2/15/2019, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/4 | from Ch. 48, par. 39s-4 | 820 ILCS 130/9 | from Ch. 48, par. 39s-9 |
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Amends the Prevailing Wage Act. Provides that a prevailing wage determined at the time of bid submission shall continue for the duration of the contract.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 4 and 9 as follows:
| 6 | | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| 7 | | (Text of Section before amendment by P.A. 100-1177 )
| 8 | | Sec. 4. Ascertaining prevailing wage. | 9 | | (a) The public body awarding any contract for public work | 10 | | or
otherwise undertaking any public works, shall ascertain the | 11 | | general
prevailing rate of hourly wages in the locality in | 12 | | which the work is to
be performed, for each craft or type of | 13 | | worker or mechanic needed to
execute the contract, and where | 14 | | the public body performs the work
without letting a contract | 15 | | therefor, shall ascertain the prevailing rate
of wages on a per | 16 | | hour basis in the locality, and such public body shall
specify | 17 | | in the resolution or ordinance and in the call for bids for the
| 18 | | contract, that the general prevailing rate of wages in the | 19 | | locality for
each craft or type of worker or mechanic needed to | 20 | | execute the contract
or perform such work, also the general | 21 | | prevailing rate for legal holiday
and overtime work, as | 22 | | ascertained by the public body or by the
Department of Labor | 23 | | shall be paid for each craft or type of worker
needed to |
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| 1 | | execute the contract or to perform such work, and it shall be
| 2 | | mandatory upon the contractor to whom the contract is awarded | 3 | | and upon
any subcontractor under him, and where the public body | 4 | | performs the
work, upon the public body, to pay not less than | 5 | | the specified rates to
all laborers, workers and mechanics | 6 | | employed by them in the execution of
the contract or such work; | 7 | | provided, however, that if the public body
desires that the | 8 | | Department of Labor ascertain the prevailing rate of
wages, it | 9 | | shall notify the Department of Labor to ascertain the general
| 10 | | prevailing rate of hourly wages for work under contract, or for | 11 | | work
performed by a public body without letting a contract as | 12 | | required in the
locality in which the work is to be performed, | 13 | | for each craft or type of
worker or mechanic needed to execute | 14 | | the contract or project or work to
be performed. Upon such | 15 | | notification the Department of Labor shall
ascertain such | 16 | | general prevailing rate of wages, and certify the
prevailing | 17 | | wage to such public body. | 18 | | (a-1) The public body or other entity awarding the
contract | 19 | | shall cause to be inserted in the project specifications and | 20 | | the
contract a stipulation to the
effect that not less than the | 21 | | prevailing rate of wages as found by the
public body or | 22 | | Department of Labor or determined by the court on review
shall | 23 | | be paid to all laborers, workers and mechanics performing work
| 24 | | under the contract.
| 25 | | (a-2) When a public body or other entity covered by this | 26 | | Act has awarded work to a contractor without a public bid, |
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| 1 | | contract or project specification, such public body or other | 2 | | entity shall comply with subsection (a-1) by providing the | 3 | | contractor with written notice on the purchase order related to | 4 | | the work to be done or on a separate document indicating that | 5 | | not less than the prevailing rate of wages as found by the | 6 | | public body or Department of Labor or determined by the court | 7 | | on review shall be paid to all laborers, workers, and mechanics | 8 | | performing work on the project. | 9 | | (a-3) Where a complaint is made and the Department of Labor | 10 | | determines that a violation occurred, the Department of Labor | 11 | | shall determine if proper written notice under this Section 4 | 12 | | was given. If proper written notice was not provided to the | 13 | | contractor by the public body or other entity, the Department | 14 | | of Labor shall order the public body or other entity to pay any | 15 | | interest, penalties or fines that would have been owed by the | 16 | | contractor if proper written notice were provided. The failure | 17 | | by a public body or other entity to provide written notice does | 18 | | not relieve the contractor of the duty to comply with the | 19 | | prevailing wage rate, nor of the obligation to pay any back | 20 | | wages, as determined under this Act. For the purposes of this | 21 | | subsection, back wages shall be limited to the difference | 22 | | between the actual amount paid and the prevailing rate of wages | 23 | | required to be paid for the project. The failure of a public | 24 | | body or other entity to provide written notice under this | 25 | | Section 4 does not diminish the right of a laborer, worker, or | 26 | | mechanic to the prevailing rate of wages as determined under |
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| 1 | | this Act. | 2 | | (b) It shall also be mandatory upon the contractor to whom | 3 | | the contract is
awarded
to insert into each subcontract and | 4 | | into the project specifications for each
subcontract a written | 5 | | stipulation to the effect that not less than the
prevailing
| 6 | | rate of wages shall be paid to all laborers, workers, and | 7 | | mechanics performing
work under the contract. It shall also be | 8 | | mandatory upon each subcontractor to
cause to be inserted into | 9 | | each lower tiered subcontract
and into the project | 10 | | specifications for each lower tiered subcontract a
stipulation | 11 | | to the effect that not less
than the prevailing rate of wages | 12 | | shall be paid to all laborers, workers, and
mechanics | 13 | | performing work under the contract. A contractor or | 14 | | subcontractor who
fails to comply with this subsection (b) is | 15 | | in violation of this Act.
| 16 | | (b-1) When a contractor has awarded work to a subcontractor | 17 | | without a contract or contract specification, the contractor | 18 | | shall comply with subsection (b) by providing a subcontractor | 19 | | with a written statement indicating that not less than the | 20 | | prevailing rate of wages shall be paid to all laborers, | 21 | | workers, and mechanics performing work on the project. A | 22 | | contractor or subcontractor who fails to comply with this | 23 | | subsection (b-1) is in violation of this Act. | 24 | | (b-2) Where a complaint is made and the Department of Labor | 25 | | determines that a violation has occurred, the Department of | 26 | | Labor shall determine if proper written notice under this |
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| 1 | | Section 4 was given. If proper written notice was not provided | 2 | | to the subcontractor by the contractor, the Department of Labor | 3 | | shall order the contractor to pay any interest, penalties, or | 4 | | fines that would have been owed by the subcontractor if proper | 5 | | written notice were provided. The failure by a contractor to | 6 | | provide written notice to a subcontractor does not relieve the | 7 | | subcontractor of the duty to comply with the prevailing wage | 8 | | rate, nor of the obligation to pay any back wages, as | 9 | | determined under this Act. For the purposes of this subsection, | 10 | | back wages shall be limited to the difference between the | 11 | | actual amount paid and the prevailing rate of wages required | 12 | | for the project. However, if proper written notice was not | 13 | | provided to the contractor by the public body or other entity | 14 | | under this Section 4, the Department of Labor shall order the | 15 | | public body or other entity to pay any interest, penalties, or | 16 | | fines that would have been owed by the subcontractor if proper | 17 | | written notice were provided. The failure by a public body or | 18 | | other entity to provide written notice does not relieve the | 19 | | subcontractor of the duty to comply with the prevailing wage | 20 | | rate, nor of the obligation to pay any back wages, as | 21 | | determined under this Act. For the purposes of this subsection, | 22 | | back wages shall be limited to the difference between the | 23 | | actual amount paid and the prevailing rate of wages required | 24 | | for the project. The failure to provide written notice by a | 25 | | public body, other entity, or contractor does not diminish the | 26 | | right of a laborer, worker, or mechanic to the prevailing rate |
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| 1 | | of wages as determined under this Act. | 2 | | (c) A public body or other entity shall also require in all | 3 | | contractor's and subcontractor's bonds
that the contractor or | 4 | | subcontractor include such provision as will guarantee the
| 5 | | faithful performance of such prevailing wage clause as provided | 6 | | by
contract or other written instrument. All bid specifications | 7 | | shall list the specified rates to all
laborers, workers and | 8 | | mechanics in the locality for each craft or type of
worker or | 9 | | mechanic needed to execute the contract.
| 10 | | (d) If the Department of Labor
revises the prevailing rate | 11 | | of hourly wages to be paid by the public body or other entity, | 12 | | the
revised rate shall apply to such contract, and the public | 13 | | body or other entity shall be
responsible to notify the | 14 | | contractor and each subcontractor, of the revised
rate.
| 15 | | The public body or other entity shall discharge its duty to | 16 | | notify of the revised rates by inserting a written stipulation | 17 | | in all contracts or other written instruments that states the | 18 | | prevailing rate of wages are revised by the Department of Labor | 19 | | and are available on the Department's official website. This | 20 | | shall be deemed to be proper notification of any rate changes | 21 | | under this subsection. | 22 | | (e) Two or more investigatory hearings under this Section | 23 | | on the issue
of establishing a new prevailing wage | 24 | | classification for a particular craft
or type of worker shall | 25 | | be consolidated in a single hearing before the
Department. Such | 26 | | consolidation shall occur whether each separate investigatory
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| 1 | | hearing is conducted by a public body or the Department. The | 2 | | party requesting
a consolidated investigatory hearing shall | 3 | | have the burden of establishing that
there is no existing | 4 | | prevailing wage classification for the particular craft or
type | 5 | | of worker in any of the localities under consideration.
| 6 | | (f) It shall be mandatory upon the contractor or | 7 | | construction manager
to whom a contract for public works is | 8 | | awarded to post, at a
location on the project site of the | 9 | | public works that is
easily accessible to the workers engaged | 10 | | on the project,
the prevailing wage rates for each craft or | 11 | | type of worker
or mechanic needed to execute the contract or | 12 | | project or
work to be performed. In lieu of posting on the | 13 | | project site of the public works, a contractor which has a | 14 | | business location where laborers, workers, and mechanics | 15 | | regularly visit may: (1) post in a conspicuous location at that | 16 | | business the current prevailing wage rates for each county in | 17 | | which the contractor is performing work; or (2) provide such | 18 | | laborer, worker, or mechanic engaged on the public works | 19 | | project a written notice indicating the prevailing wage rates | 20 | | for the public works project. A failure to post or provide a | 21 | | prevailing wage
rate as required by this Section is a violation | 22 | | of this Act.
| 23 | | (Source: P.A. 96-437, eff. 1-1-10; 97-964, eff. 1-1-13.)
| 24 | | (Text of Section after amendment by P.A. 100-1177 )
| 25 | | Sec. 4. Ascertaining prevailing wage. |
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| 1 | | (a) The prevailing rate of wages paid to individuals | 2 | | covered under this Act shall not be less than the
rate that | 3 | | prevails for work of a similar character on public works in the | 4 | | locality in which the
work is performed under collective | 5 | | bargaining agreements or understandings between employers
or | 6 | | employer associations and bona fide labor organizations | 7 | | relating to each craft or type of
worker or mechanic needed to | 8 | | execute the contract or perform such work, and collective
| 9 | | bargaining agreements or understandings successor thereto, | 10 | | provided that said employers or
members of said employer | 11 | | associations employ at least 30% of the laborers, workers, or
| 12 | | mechanics in the same trade or occupation in the locality where | 13 | | the work is being performed. | 14 | | (b) If the prevailing rates of wages and fringe benefits | 15 | | cannot reasonably and fairly be applied
in any locality because | 16 | | no such agreements or understandings exist, the Department of | 17 | | Labor
shall determine the rates and fringe benefits for the | 18 | | same or most similar work in the nearest and
most similar | 19 | | neighboring locality in which such agreements or | 20 | | understandings exist. The
Department of Labor shall keep a | 21 | | record of its findings available for inspection by any | 22 | | interested
party in the office of the Department of Labor. | 23 | | (c) In the event it is determined, after a written | 24 | | objection is filed and hearing is held in
accordance with | 25 | | Section 9 of this Act, that less than 30% of the laborers, | 26 | | workers, or
mechanics in a particular trade or occupation in |
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| 1 | | the locality where the work is performed receive
a collectively | 2 | | bargained rate of wage, then the average wage paid to such | 3 | | laborers, workers, or
mechanics in the same trade or occupation | 4 | | in the locality for the 12-month period preceding
the | 5 | | Department of Labor's annual determination shall be the | 6 | | prevailing rate of wage. | 7 | | (d) The public body awarding any contract for public work | 8 | | or
otherwise undertaking any public works shall
specify in the | 9 | | call for bids for the
contract, or where the public body | 10 | | performs the work without letting the contract in a written | 11 | | instrument provided to the contractor, that the general | 12 | | prevailing rate of wages in the locality for
each craft or type | 13 | | of worker or mechanic needed to execute the contract
or perform | 14 | | such work, also the general prevailing rate for legal holiday
| 15 | | and overtime work, as ascertained by the
Department of Labor | 16 | | shall be paid for each craft or type of worker
needed to | 17 | | execute the contract or to perform such work, and it shall be
| 18 | | mandatory upon the contractor to whom the contract is awarded | 19 | | and upon
any subcontractor under him, and where the public body | 20 | | performs the
work, upon the public body, to pay not less than | 21 | | the specified rates to
all laborers, workers and mechanics | 22 | | employed by them in the execution of
the contract or such work. | 23 | | Compliance with this Act is a matter of statewide concern, and | 24 | | a public body may not opt out of any provisions herein. | 25 | | (e) The public body or other entity awarding the
contract | 26 | | shall cause to be inserted in the project specifications and |
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| 1 | | the
contract a stipulation to the
effect that not less than the | 2 | | prevailing rate of wages as found by the
Department of Labor or | 3 | | determined by the court on review
shall be paid to all | 4 | | laborers, workers and mechanics performing work
under the | 5 | | contract.
| 6 | | (f) When a public body or other entity covered by this Act | 7 | | has awarded work to a contractor without a public bid, contract | 8 | | or project specification, such public body or other entity | 9 | | shall comply with subsection (e) by providing the contractor | 10 | | with written notice on the purchase order related to the work | 11 | | to be done or on a separate document indicating that not less | 12 | | than the prevailing rate of wages ascertained by the Department | 13 | | of Labor or determined by the court on review shall be paid to | 14 | | all laborers, workers, and mechanics performing work on the | 15 | | project. | 16 | | (g) Where a complaint is made and the Department of Labor | 17 | | determines that a violation occurred, the Department of Labor | 18 | | shall determine if proper written notice under this Section 4 | 19 | | was given. If proper written notice was not provided to the | 20 | | contractor by the public body or other entity, the Department | 21 | | of Labor shall order the public body or other entity to pay any | 22 | | interest, penalties or fines that would have been owed by the | 23 | | contractor if proper written notice were provided. The failure | 24 | | by a public body or other entity to provide written notice does | 25 | | not relieve the contractor of the duty to comply with the | 26 | | prevailing wage rate, nor of the obligation to pay any back |
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| 1 | | wages, as determined under this Act. For the purposes of this | 2 | | 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) It shall also be mandatory upon the contractor to whom | 10 | | the contract is
awarded
to insert into each subcontract and | 11 | | into the project specifications for each
subcontract a written | 12 | | stipulation to the effect that not less than the
prevailing
| 13 | | rate of wages shall be paid to all laborers, workers, and | 14 | | mechanics performing
work under the contract. It shall also be | 15 | | mandatory upon each subcontractor to
cause to be inserted into | 16 | | each lower tiered subcontract
and into the project | 17 | | specifications for each lower tiered subcontract a
stipulation | 18 | | to the effect that not less
than the prevailing rate of wages | 19 | | shall be paid to all laborers, workers, and
mechanics | 20 | | performing work under the contract. A contractor or | 21 | | subcontractor who
fails to comply with this subsection is in | 22 | | violation of this Act.
| 23 | | (i) When a contractor has awarded work to a subcontractor | 24 | | without a contract or contract specification, the contractor | 25 | | shall comply with subsection (h) by providing a subcontractor | 26 | | with a written statement indicating that not less than the |
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| 1 | | prevailing rate of wages shall be paid to all laborers, | 2 | | workers, and mechanics performing work on the project. A | 3 | | contractor or subcontractor who fails to comply with this | 4 | | subsection is in violation of this Act. | 5 | | (j) Where a complaint is made and the Department of Labor | 6 | | determines that a violation has occurred, the Department of | 7 | | 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) A public body or other entity shall also require in all | 10 | | contractor's and subcontractor's bonds
that the contractor or | 11 | | 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) Any prevailing rate determined by a public body or the | 18 | | Department at the time of bid submission shall be the rate | 19 | | applicable for the duration of the contract awarded by the | 20 | | public body. If the Department of Labor
revises the prevailing | 21 | | rate of hourly wages to be paid by the public body or other | 22 | | entity, the
revised rate shall apply to such contract, and the | 23 | | public body or other entity shall be
responsible to notify the | 24 | | contractor and each subcontractor, of the revised
rate.
| 25 | | The public body or other entity shall discharge its duty to | 26 | | notify of the revised rates by inserting a written stipulation |
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| 1 | | in all contracts or other written instruments that states the | 2 | | prevailing rate of wages are revised by the Department of Labor | 3 | | and are available on the Department's official website. This | 4 | | shall be deemed to be proper notification of any rate changes | 5 | | under this subsection. | 6 | | (m) Two or more investigatory hearings under this Section | 7 | | on the issue
of establishing a new prevailing wage | 8 | | classification for a particular craft
or type of worker shall | 9 | | be consolidated in a single hearing before the
Department. The | 10 | | party requesting
a consolidated investigatory hearing shall | 11 | | have the burden of establishing that
there is no existing | 12 | | prevailing wage classification for the particular craft or
type | 13 | | of worker in any of the localities under consideration.
| 14 | | (n) It shall be mandatory upon the contractor or | 15 | | construction manager
to whom a contract for public works is | 16 | | awarded to post, at a
location on the project site of the | 17 | | public works that is
easily accessible to the workers engaged | 18 | | on the project,
the prevailing wage rates for each craft or | 19 | | type of worker
or mechanic needed to execute the contract or | 20 | | project or
work to be performed. In lieu of posting on the | 21 | | project site of the public works, a contractor which has a | 22 | | business location where laborers, workers, and mechanics | 23 | | regularly visit may: (1) post in a conspicuous location at that | 24 | | business the current prevailing wage rates for each county in | 25 | | which the contractor is performing work; or (2) provide such | 26 | | laborer, worker, or mechanic engaged on the public works |
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| 1 | | project a written notice indicating the prevailing wage rates | 2 | | for the public works project. A failure to post or provide a | 3 | | prevailing wage
rate as required by this Section is a violation | 4 | | of this Act.
| 5 | | (Source: P.A. 100-1177, eff. 6-1-19.)
| 6 | | (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
| 7 | | (Text of Section before amendment by P.A. 100-1177 )
| 8 | | Sec. 9.
To effectuate the purpose and policy of this Act | 9 | | each public
body shall, during the month of June of each | 10 | | calendar year, investigate
and ascertain the prevailing rate of | 11 | | wages as defined in this Act and
publicly post or keep | 12 | | available for inspection by any interested party
in the main | 13 | | office of such public body its determination of such
prevailing | 14 | | rate of wage and shall promptly file, no later than July 15 of
| 15 | | each year, a certified copy thereof
in the office of the
| 16 | | Illinois Department of Labor.
| 17 | | The Department of Labor shall during the month of June of | 18 | | each calendar
year, investigate and ascertain the prevailing | 19 | | rate of wages for each county
in the State. If a public body | 20 | | does not investigate and ascertain the
prevailing
rate of wages | 21 | | during the month of June as required by the previous paragraph,
| 22 | | then the prevailing rate of wages for that public body shall be | 23 | | the rate
as determined by the Department under this paragraph | 24 | | for the county in which
such public body is located. The | 25 | | Department shall publish on its official website a prevailing |
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| 1 | | wage schedule for each county in the State, no later than | 2 | | August 15 of each year, based on the prevailing rate of wages | 3 | | investigated and ascertained by the Department during the month | 4 | | of June. Nothing prohibits the Department from publishing | 5 | | prevailing wage rates more than once per year.
| 6 | | Where the Department of Labor ascertains the prevailing | 7 | | rate of
wages, it is the duty of the Department of Labor within | 8 | | 30 days after
receiving a notice from the public body | 9 | | authorizing the proposed work,
to conduct an investigation to | 10 | | ascertain the prevailing rate of wages as
defined in this Act | 11 | | and such investigation shall be conducted in the
locality in | 12 | | which the work is to be performed. The Department of Labor
| 13 | | shall send a certified copy of its findings to the public body
| 14 | | authorizing the work and keep a record of its findings | 15 | | available for
inspection by any interested party in the office | 16 | | of the Department of
Labor at Springfield.
| 17 | | The public body except for the Department of Transportation | 18 | | with
respect to highway contracts shall within 30 days after | 19 | | filing with the Department of Labor, or the Department of Labor | 20 | | shall within 30 days
after filing with such public body, | 21 | | publish in a newspaper of general
circulation within the area | 22 | | that the determination is effective, a
notice of its | 23 | | determination and shall promptly mail a copy of its
| 24 | | determination to any employer, and to any association of | 25 | | employers and
to any person or association of employees who | 26 | | have filed their names and
addresses, requesting copies of any |
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| 1 | | determination stating the particular
rates and the particular | 2 | | class of workers whose wages will be affected
by such rates. If | 3 | | the Department of Labor ascertains the prevailing rate of wages | 4 | | for a public body, the public body may satisfy the newspaper | 5 | | publication requirement in this paragraph by posting on the | 6 | | public body's website a notice of its determination with a | 7 | | hyperlink to the prevailing wage schedule for that locality | 8 | | that is published on the official website of the Department of | 9 | | Labor.
| 10 | | At any time within 30 days after the Department of Labor | 11 | | has published
on its official web site a prevailing wage | 12 | | schedule, any person affected
thereby may object in writing to | 13 | | the determination or such part thereof
as they may deem | 14 | | objectionable by filing a written notice with the
public body | 15 | | or Department of Labor, whichever has made such
determination, | 16 | | stating the specified grounds of the objection. It shall
| 17 | | thereafter be the duty of the public body or Department of | 18 | | Labor to set
a date for a hearing on the objection after giving | 19 | | written notice to the
objectors at least 10 days before the | 20 | | date of the hearing and said
notice shall state the time and | 21 | | place of such hearing. Such hearing by a
public body shall be | 22 | | held within 45 days after the objection is filed,
and shall not | 23 | | be postponed or reset for a later date except upon the
consent, | 24 | | in writing, of all the objectors and the public body. If such
| 25 | | hearing is not held by the public body within the time herein | 26 | | specified,
the Department of Labor may, upon request of the |
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| 1 | | objectors, conduct the
hearing on behalf of the public body.
| 2 | | The public body or Department of Labor, whichever has made | 3 | | such
determination, is authorized in its discretion to hear | 4 | | each written
objection filed separately or consolidate for | 5 | | hearing any one or more
written objections filed with them. At | 6 | | such hearing, the public body or
Department of Labor shall | 7 | | introduce in evidence the investigation it
instituted which | 8 | | formed the basis of its determination, and the public
body or | 9 | | Department of Labor, or any interested objectors may thereafter
| 10 | | introduce such evidence as is material to the issue. | 11 | | Thereafter, the
public body or Department of Labor, must rule | 12 | | upon the written objection
and make such final determination as | 13 | | it believes the evidence warrants,
and promptly file a | 14 | | certified copy of its final determination with such
public | 15 | | body, and serve a copy by personal
service or registered mail | 16 | | on all parties to the proceedings. The final
determination by | 17 | | the Department of Labor or a public body shall be rendered
| 18 | | within 30 days after the conclusion of the hearing.
| 19 | | If proceedings to review judicially the final | 20 | | determination of the
public body or Department of Labor are not | 21 | | instituted as hereafter
provided, such determination shall be | 22 | | final and binding.
| 23 | | The provisions of the Administrative Review Law, and all | 24 | | amendments
and modifications thereof, and the rules
adopted | 25 | | pursuant thereto, shall apply to and govern all proceedings for
| 26 | | the judicial review of final administrative decisions of any |
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| 1 | | public body
or the Department of Labor hereunder. The term | 2 | | "administrative decision"
is defined as in Section 3-101 of the | 3 | | Code of Civil Procedure.
| 4 | | Appeals from all final orders and judgments entered by the | 5 | | court in
review of the final administrative decision of the | 6 | | public body or
Department of Labor, may be taken by any party | 7 | | to the action.
| 8 | | Any proceeding in any court affecting a determination of | 9 | | the
Department of Labor or public body shall have priority in | 10 | | hearing and
determination over all other civil proceedings | 11 | | pending in said court,
except election contests.
| 12 | | In all reviews or appeals under this Act, it shall be the | 13 | | duty of the
Attorney General to represent the Department of | 14 | | Labor, and defend its
determination. The Attorney General shall | 15 | | not represent any public body,
except the State, in any such | 16 | | review or appeal.
| 17 | | (Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; | 18 | | 100-863, eff. 8-14-18.)
| 19 | | (Text of Section after amendment by P.A. 100-1177 )
| 20 | | Sec. 9.
To effectuate the purpose and policy of this Act | 21 | | the Department of Labor shall, during the month of June of each | 22 | | calendar
year, investigate and ascertain the prevailing rate of | 23 | | wages for each county
in the State and shall publish the | 24 | | prevailing wage schedule ascertained on its official website no | 25 | | later than
July 15 of each year. If the prevailing rate of |
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| 1 | | wages is based on a collective bargaining
agreement, any | 2 | | increases directly ascertainable from such collective | 3 | | bargaining agreement shall
also be published on the website. | 4 | | Further, if the prevailing rate of wages is based on a | 5 | | collective
bargaining agreement, the explanation of classes on | 6 | | the prevailing wage schedule shall be
consistent with the | 7 | | classifications established under the collective bargaining | 8 | | agreement.
| 9 | | At any time within 30 days after the Department of Labor | 10 | | has published
on its official web site a prevailing wage | 11 | | schedule, any person affected
thereby may object in writing to | 12 | | the determination or such part thereof
as they may deem | 13 | | objectionable by filing a written notice with the
Department of | 14 | | Labor stating the specified grounds of the objection. A person | 15 | | filing an objection alleging that the actual percentage of
| 16 | | laborers, workers, or mechanics that receive a collectively | 17 | | bargained rate of wage is below the
required 30% shall have the | 18 | | burden of establishing such and shall support the allegation
| 19 | | with competent evidence. During the pendency of any objection | 20 | | and until final determination
thereof, the work in question | 21 | | shall proceed under the rate established by the Department. It | 22 | | shall
be the duty of the Department of Labor to set
a date for a | 23 | | hearing on the objection after giving written notice to the
| 24 | | objectors at least 10 days before the date of the hearing and | 25 | | said
notice shall state the time and place of such hearing. | 26 | | Such hearing by the Department of Labor shall be held within 45 |
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| 1 | | days after the objection is filed,
and shall not be postponed | 2 | | or reset for a later date except upon the
consent, in writing, | 3 | | of all the objectors and the Department of Labor.
| 4 | | The Department of Labor may hear each written
objection | 5 | | filed separately or consolidate for hearing any one or more
| 6 | | written objections filed. At such hearing, the
Department of | 7 | | Labor shall introduce in evidence the investigation it
| 8 | | instituted which formed the basis of its determination, and the | 9 | | Department of Labor, or any interested objectors may thereafter
| 10 | | introduce such evidence as is material to the issue. | 11 | | Thereafter, the
Department of Labor, must rule upon the written | 12 | | objection
and make such final determination as it believes the | 13 | | evidence warrants and serve a copy by personal
service, | 14 | | registered mail, or electronic mail on all parties to the | 15 | | proceedings. The final
determination by the Department of Labor | 16 | | shall be rendered
within 30 days after the conclusion of the | 17 | | hearing.
| 18 | | If proceedings to review judicially the final | 19 | | determination of the
Department of Labor are not instituted as | 20 | | hereafter
provided, such determination shall be final and | 21 | | binding.
| 22 | | The provisions of the Administrative Review Law, and all | 23 | | amendments
and modifications thereof, and the rules
adopted | 24 | | pursuant thereto, shall apply to and govern all proceedings for
| 25 | | the judicial review of final administrative decisions of the | 26 | | Department of Labor. The term "administrative decision"
is |
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| 1 | | defined as in Section 3-101 of the Code of Civil Procedure.
| 2 | | Appeals from all final orders and judgments entered by the | 3 | | court in
review of the final administrative decision of the
| 4 | | Department of Labor, may be taken by any party to the action.
| 5 | | Any proceeding in any court affecting a determination of | 6 | | the
Department of Labor shall have priority in hearing and
| 7 | | determination over all other civil proceedings pending in said | 8 | | court,
except election contests.
| 9 | | In all reviews or appeals under this Act, it shall be the | 10 | | duty of the
Attorney General to represent the Department of | 11 | | Labor, and defend its
determination.
| 12 | | Notwithstanding the provisions of this Section, any | 13 | | prevailing rate determined by a public body or the Department | 14 | | at the time of bid submission shall be the rate applicable for | 15 | | the duration of the contract awarded by the public body. | 16 | | (Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; | 17 | | 100-863, eff. 8-14-18; 100-1177, eff. 6-1-19.)
| 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
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