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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0163
Introduced 1/14/2009, by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED:
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820 ILCS 130/9 |
from Ch. 48, par. 39s-9 |
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Amends the Prevailing Wage Act. Provides that the publication of a prevailing wage determination shall include a notice that the determination is effective and how or where the determination is available for inspection (instead of a notice of the determination).
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A BILL FOR
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HB0163 |
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LRB096 00918 RLC 10925 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Prevailing Wage Act is amended by changing |
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| Section 9 as follows:
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| (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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| Sec. 9.
To effectuate the purpose and policy of this Act |
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| each public
body shall, during the month of June of each |
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| calendar year, investigate
and ascertain the prevailing rate of |
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| wages as defined in this Act and
publicly post or keep |
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| available for inspection by any interested party
in the main |
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| office of such public body its determination of such
prevailing |
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| rate of wage and shall promptly file, no later than July 15 of
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| each year, a certified copy thereof
in the office of the |
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| Secretary of State at Springfield and the office of the
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| Illinois Department of Labor.
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| The Department of Labor shall during the month of June of |
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| each calendar
year, investigate and ascertain the prevailing |
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| rate of wages for each county
in the State. If a public body |
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| does not investigate and ascertain the
prevailing
rate of wages |
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| during the month of June as required by the previous paragraph,
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| then the prevailing rate of wages for that public body shall be |
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| the rate
as determined by the Department under this paragraph |
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HB0163 |
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LRB096 00918 RLC 10925 b |
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| for the county in which
such public body is located.
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| Where the Department of Labor ascertains the prevailing |
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| rate of
wages, it is the duty of the Department of Labor within |
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| 30 days after
receiving a notice from the public body |
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| authorizing the proposed work,
to conduct an investigation to |
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| ascertain the prevailing rate of wages as
defined in this Act |
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| and such investigation shall be conducted in the
locality in |
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| which the work is to be performed. The Department of Labor
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| shall send a certified copy of its findings to the public body
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| authorizing the work and keep a record of its findings |
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| available for
inspection by any interested party in the office |
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| of the Department of
Labor at Springfield.
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| The public body except for the Department of Transportation |
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| with
respect to highway contracts shall within 30 days after |
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| filing with the
Secretary of State, or the Department of Labor |
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| shall within 30 days
after filing with such public body, |
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| publish in a newspaper of general
circulation within the area |
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| that the determination is effective, a
notice that the |
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| determination is effective and how or where the determination |
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| is available for inspection of its determination and shall |
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| promptly mail a copy of its
determination to any employer, and |
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| to any association of employers and
to any person or |
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| association of employees who have filed their names and
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| addresses, requesting copies of any determination stating the |
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| particular
rates and the particular class of workers whose |
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| wages will be affected
by such rates.
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HB0163 |
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LRB096 00918 RLC 10925 b |
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| At any time within 30 days after the Department of Labor |
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| has published
on its official web site a prevailing wage |
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| schedule, any person affected
thereby may object in writing to |
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| the determination or such part thereof
as they may deem |
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| objectionable by filing a written notice with the
public body |
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| or Department of Labor, whichever has made such
determination, |
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| stating the specified grounds of the objection. It shall
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| thereafter be the duty of the public body or Department of |
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| Labor to set
a date for a hearing on the objection after giving |
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| written notice to the
objectors at least 10 days before the |
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| date of the hearing and said
notice shall state the time and |
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| place of such hearing. Such hearing by a
public body shall be |
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| held within 45 days after the objection is filed,
and shall not |
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| be postponed or reset for a later date except upon the
consent, |
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| in writing, of all the objectors and the public body. If such
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| hearing is not held by the public body within the time herein |
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| specified,
the Department of Labor may, upon request of the |
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| objectors, conduct the
hearing on behalf of the public body.
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| The public body or Department of Labor, whichever has made |
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| such
determination, is authorized in its discretion to hear |
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| each written
objection filed separately or consolidate for |
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| hearing any one or more
written objections filed with them. At |
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| such hearing the public body or
Department of Labor shall |
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| introduce in evidence the investigation it
instituted which |
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| formed the basis of its determination, and the public
body or |
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| Department of Labor, or any interested objectors may thereafter
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HB0163 |
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LRB096 00918 RLC 10925 b |
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| introduce such evidence as is material to the issue. |
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| Thereafter, the
public body or Department of Labor, must rule |
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| upon the written objection
and make such final determination as |
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| it believes the evidence warrants,
and promptly file a |
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| certified copy of its final determination with such
public body |
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| and the Secretary of State, and serve a copy by personal
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| service or registered mail on all parties to the proceedings. |
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| The final
determination by the Department of Labor or a public |
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| body shall be rendered
within 30 days after the conclusion of |
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| the hearing.
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| If proceedings to review judicially the final |
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| determination of the
public body or Department of Labor are not |
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| instituted as hereafter
provided, such determination shall be |
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| final and binding.
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| The provisions of the Administrative Review Law, and all |
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| amendments
and modifications thereof, and the rules
adopted |
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| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of any |
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| public body
or the Department of Labor hereunder. The term |
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| "administrative decision"
is defined as in Section 3-101 of the |
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| Code of Civil Procedure.
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| Appeals from all final orders and judgments entered by the |
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| court in
review of the final administrative decision of the |
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| public body or
Department of Labor, may be taken by any party |
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| to the action.
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| Any proceeding in any court affecting a determination of |
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HB0163 |
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LRB096 00918 RLC 10925 b |
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Department of Labor or public body shall have priority in |
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| hearing and
determination over all other civil proceedings |
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| pending in said court,
except election contests.
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| In all reviews or appeals under this Act, it shall be the |
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| duty of the
Attorney General to represent the Department of |
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| Labor, and defend its
determination. The Attorney General shall |
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| not represent any public body,
except the State, in any such |
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| review or appeal.
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| (Source: P.A. 93-38, eff. 6-1-04.)
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