Full Text of SB1856 100th General Assembly
SB1856sam001 100TH GENERAL ASSEMBLY | Sen. Tim Bivins Filed: 3/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1856
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1856 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Section 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 | 8 | | each public
body shall, during the month of June of each | 9 | | calendar year, investigate
and ascertain the prevailing rate of | 10 | | wages as defined in this Act and
publicly post or keep | 11 | | available for inspection by any interested party
in the main | 12 | | office of such public body its determination of such
prevailing | 13 | | rate of wage and shall promptly file, no later than July 15 of
| 14 | | each year, a certified copy thereof
in the office of the
| 15 | | Illinois Department of Labor.
| 16 | | The Department of Labor shall during the month of June of |
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| 1 | | each calendar
year, investigate and ascertain the prevailing | 2 | | rate of wages for each county
in the State. If a public body | 3 | | does not investigate and ascertain the
prevailing
rate of wages | 4 | | during the month of June as required by the previous paragraph,
| 5 | | then the prevailing rate of wages for that public body shall be | 6 | | the rate
as determined by the Department under this paragraph | 7 | | for the county in which
such public body is located.
| 8 | | Where the Department of Labor ascertains the prevailing | 9 | | rate of
wages, it is the duty of the Department of Labor within | 10 | | 30 days after
receiving a notice from the public body | 11 | | authorizing the proposed work,
to conduct an investigation to | 12 | | ascertain the prevailing rate of wages as
defined in this Act | 13 | | and such investigation shall be conducted in the
locality in | 14 | | which the work is to be performed. The Department of Labor
| 15 | | shall send a certified copy of its findings to the public body
| 16 | | authorizing the work and keep a record of its findings | 17 | | available for
inspection by any interested party in the office | 18 | | of the Department of
Labor at Springfield.
| 19 | | The public body except for the Department of Transportation | 20 | | with
respect to highway contracts shall within 30 days after | 21 | | filing with the Department of Labor, or the Department of Labor | 22 | | shall within 30 days
after filing with such public body, | 23 | | publish in a newspaper of general
circulation within the area | 24 | | that the determination is effective, a
notice of its | 25 | | determination and shall promptly mail a copy of its
| 26 | | determination to any employer, and to any association of |
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| 1 | | employers and
to any person or association of employees who | 2 | | have filed their names and
addresses, requesting copies of any | 3 | | determination stating the particular
rates and the particular | 4 | | class of workers whose wages will be affected
by such rates. If | 5 | | the Department of Labor ascertains the prevailing rate of wages | 6 | | for a public body, the public body may satisfy the newspaper | 7 | | publication requirement in this paragraph by posting on the | 8 | | public body's website a notice of its determination with a | 9 | | hyperlink to the prevailing wage schedule for that locality | 10 | | that is published on the official website of the Department of | 11 | | Labor.
| 12 | | At any time within 30 days after the Department of Labor | 13 | | has published
on its official web site a prevailing wage | 14 | | schedule, any person affected
thereby may object in writing to | 15 | | the determination or such part thereof
as they may deem | 16 | | objectionable by filing a written notice with the
public body | 17 | | or Department of Labor, whichever has made such
determination, | 18 | | stating the specified grounds of the objection. It shall
| 19 | | thereafter be the duty of the public body or Department of | 20 | | Labor to set
a date for a hearing on the objection after giving | 21 | | written notice to the
objectors at least 10 days before the | 22 | | date of the hearing and said
notice shall state the time and | 23 | | place of such hearing. Such hearing by a
public body shall be | 24 | | held within 45 days after the objection is filed,
and shall not | 25 | | be postponed or reset for a later date except upon the
consent, | 26 | | in writing, of all the objectors and the public body. If such
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| 1 | | hearing is not held by the public body within the time herein | 2 | | specified,
the Department of Labor may, upon request of the | 3 | | objectors, conduct the
hearing on behalf of the public body.
| 4 | | The public body or Department of Labor, whichever has made | 5 | | such
determination, is authorized in its discretion to hear | 6 | | each written
objection filed separately or consolidate for | 7 | | hearing any one or more
written objections filed with them. At | 8 | | such hearing the public body or
Department of Labor shall | 9 | | introduce in evidence the investigation it
instituted which | 10 | | formed the basis of its determination, and the public
body or | 11 | | Department of Labor, or any interested objectors may thereafter
| 12 | | introduce such evidence as is material to the issue. | 13 | | Thereafter, the
public body or Department of Labor, must rule | 14 | | upon the written objection
and make such final determination as | 15 | | it believes the evidence warrants,
and promptly file a | 16 | | certified copy of its final determination with such
public | 17 | | body, and serve a copy by personal
service or registered mail | 18 | | on all parties to the proceedings. The final
determination by | 19 | | the Department of Labor or a public body shall be rendered
| 20 | | within 30 days after the conclusion of the hearing.
| 21 | | If proceedings to review judicially the final | 22 | | determination of the
public body or Department of Labor are not | 23 | | instituted as hereafter
provided, such determination shall be | 24 | | final and binding.
| 25 | | The provisions of the Administrative Review Law, and all | 26 | | amendments
and modifications thereof, and the rules
adopted |
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| 1 | | pursuant thereto, shall apply to and govern all proceedings for
| 2 | | the judicial review of final administrative decisions of any | 3 | | public body
or the Department of Labor hereunder. The term | 4 | | "administrative decision"
is defined as in Section 3-101 of the | 5 | | Code of Civil Procedure.
| 6 | | Appeals from all final orders and judgments entered by the | 7 | | court in
review of the final administrative decision of the | 8 | | public body or
Department of Labor, may be taken by any party | 9 | | to the action.
| 10 | | Any proceeding in any court affecting a determination of | 11 | | the
Department of Labor or public body shall have priority in | 12 | | hearing and
determination over all other civil proceedings | 13 | | pending in said court,
except election contests.
| 14 | | In all reviews or appeals under this Act, it shall be the | 15 | | duty of the
Attorney General to represent the Department of | 16 | | Labor, and defend its
determination. The Attorney General shall | 17 | | not represent any public body,
except the State, in any such | 18 | | review or appeal.
| 19 | | (Source: P.A. 98-173, eff. 1-1-14.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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