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91_HB1375
LRB9104619WHdv
1 AN ACT in relation to prevailing rates of wages.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Prevailing Wage Enforcement Fund.
8 Section 10. The Prevailing Wage Act is amended by
9 changing Sections 6, 9, 10, and 11 as follows:
10 (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
11 Sec. 6. Any officer, agent or representative of any
12 public body who wilfully violates, or omits to comply with,
13 any of the provisions of this Act, and any contractor or
14 subcontractor, or agent or representative thereof, doing
15 public work as aforesaid, who neglects to keep, or cause to
16 be kept, an accurate record of the names, occupation and
17 actual wages paid to each laborer, worker and mechanic
18 employed by him, in connection with the public work or who
19 refuses to allow access to same at any reasonable hour to any
20 person authorized to inspect same under this Act, is guilty
21 of a Class B misdemeanor.
22 The Department of Labor shall complete its investigation
23 of a complaint within 90 days after the complaint is filed.
24 If the Department of Labor has not made a final determination
25 on a complaint within 180 days after the complaint is filed,
26 the Director of Labor shall refer the complaint to the
27 Attorney General. The Attorney General shall determine the
28 merits of the complaint and sue to enforce the provisions of
29 this Act and prosecute violations where he or she deems
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1 appropriate.
2 The Department of Labor shall inquire diligently as to
3 any violation of this Act, shall institute actions for
4 penalties herein prescribed, and shall enforce generally the
5 provisions of this Act. The Attorney General shall prosecute
6 such cases upon complaint by the Department or any interested
7 person.
8 (Source: P.A. 81-992.)
9 (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
10 Sec. 9. To effectuate the purpose and policy of this Act
11 each public body shall, during the month of June of each
12 calendar year, investigate and ascertain the prevailing rate
13 of wages as defined in this Act and publicly post or keep
14 available for inspection by any interested party in the main
15 office of such public body its determination of such
16 prevailing rate of wage and shall promptly file a certified
17 copy thereof in the office of the Secretary of State at
18 Springfield.
19 The Department of Labor shall during the month of June of
20 each calendar year, investigate and ascertain the prevailing
21 rate of wages for each county in the State. If a public body
22 does not investigate and ascertain the prevailing rate of
23 wages during the month of June as required by the previous
24 paragraph, then the prevailing rate of wages for that public
25 body shall be the rate as determined by the Department under
26 this paragraph for the county in which such public body is
27 located.
28 Where the Department of Labor ascertains the prevailing
29 rate of wages, it is the duty of the Department of Labor
30 within 30 days after receiving a notice from the public body
31 authorizing the proposed work, to conduct an investigation to
32 ascertain the prevailing rate of wages as defined in this Act
33 and such investigation shall be conducted in the locality in
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1 which the work is to be performed. The Department of Labor
2 shall send a certified copy of its findings to the public
3 body authorizing the work and keep a record of its findings
4 available for inspection by any interested party in the
5 office of the Department of Labor at Springfield.
6 The public body except for the Department of
7 Transportation with respect to highway contracts shall within
8 30 days after filing with the Secretary of State, or the
9 Department of Labor shall within 30 days after filing with
10 such public body, publish in a newspaper of general
11 circulation within the area that the determination is
12 effective, a notice of its determination and shall promptly
13 mail a copy of its determination to any employer, and to any
14 association of employers and to any person or association of
15 employees who have filed their names and addresses,
16 requesting copies of any determination stating the particular
17 rates and the particular class of workers whose wages will be
18 affected by such rates.
19 At any time within 15 days after a certified copy of the
20 determination has been published as herein provided, any
21 person affected thereby may object in writing to the
22 determination or such part thereof as they may deem
23 objectionable by filing a written notice with the public body
24 or Department of Labor, whichever has made such
25 determination, stating the specified grounds of the
26 objection. It shall thereafter be the duty of the public body
27 or Department of Labor to set a date for a hearing on the
28 objection after giving written notice to the objectors at
29 least 10 days before the date of the hearing and said notice
30 shall state the time and place of such hearing. Such hearing
31 by a public body shall be held within 20 days after the
32 objection is filed, and shall not be postponed or reset for a
33 later date except upon the consent, in writing, of all the
34 objectors and the public body. If such hearing is not held by
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1 the public body within the time herein specified, the
2 Department of Labor may, upon request of the objectors,
3 conduct the hearing on behalf of the public body.
4 The public body or Department of Labor, whichever has
5 made such determination, is authorized in its discretion to
6 hear each written objection filed separately or consolidate
7 for hearing any one or more written objections filed with
8 them. At such hearing the public body or Department of Labor
9 shall introduce in evidence the investigation it instituted
10 which formed the basis of its determination, and the public
11 body or Department of Labor, or any interested objectors may
12 thereafter introduce such evidence as is material to the
13 issue. Thereafter, the public body or Department of Labor,
14 must rule upon the written objection and make such final
15 determination as it believes the evidence warrants, and
16 promptly file a certified copy of its final determination
17 with such public body and the Secretary of State, and serve a
18 copy by personal service or registered mail on all parties to
19 the proceedings. The final determination by a public body
20 shall be rendered within 10 days after the conclusion of the
21 hearing.
22 If proceedings to review judicially the final
23 determination of the public body or Department of Labor are
24 not instituted as hereafter provided, such determination
25 shall be final and binding.
26 The provisions of the Administrative Review Law, and all
27 amendments and modifications thereof, and the rules adopted
28 pursuant thereto, shall apply to and govern all proceedings
29 for the judicial review of final administrative decisions of
30 any public body or the Department of Labor hereunder. The
31 term "administrative decision" is defined as in Section 3-101
32 of the Code of Civil Procedure.
33 Appeals from all final orders and judgments entered by
34 the court in review of the final administrative decision of
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1 the public body or Department of Labor, may be taken by any
2 party to the action.
3 Any proceeding in any court affecting a determination of
4 the Department of Labor or public body shall have priority in
5 hearing and determination over all other civil proceedings
6 pending in said court, except election contests.
7 In all reviews or appeals under this Act, it shall be the
8 duty of the Attorney General to represent the Department of
9 Labor, and defend its determination. The Attorney General
10 shall not represent any public body, except the State, in any
11 such review or appeal.
12 Contractors and subcontractors covered by this Act shall
13 post, at a location on the project site of the public works
14 that is easily accessible to their employees engaged on the
15 project, the prevailing wage rates for each craft or type of
16 worker or mechanic needed to execute the contract or project
17 or work to be performed. A failure to post a prevailing wage
18 rate as required by this Section is a violation of this Act.
19 (Source: P.A. 83-201.)
20 (820 ILCS 130/10) (from Ch. 48, par. 39s-10)
21 Sec. 10. The presiding officer of the public body, or
22 his or her authorized representative and the Director of the
23 Department of Labor, or his or her authorized representative
24 may administer oaths, take or cause to be taken the
25 depositions of witnesses, and require by subpoena the
26 attendance and testimony of witnesses, and the production of
27 all books, records, and other evidence relative to the matter
28 under investigation or hearing. Such subpoena shall be signed
29 and issued by such presiding officer or his or her authorized
30 representative, or the Director or his or her authorized
31 representative.
32 In case of failure of any person to comply with any
33 subpoena lawfully issued under this section or on the refusal
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1 of any witness to produce evidence or to testify to any
2 matter regarding which he or she may be lawfully
3 interrogated, it is the duty of any circuit court, upon
4 application of such presiding officer or his or her
5 authorized representative, or the Director or his or her
6 authorized representative, to compel obedience by proceedings
7 for contempt, as in the case of disobedience of the
8 requirements of a subpoena issued by such court or a refusal
9 to testify therein. Such presiding officer and the Director
10 may certify to official acts.
11 Failure to comply with a subpoena is a violation of this
12 Act.
13 (Source: P.A. 83-334.)
14 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
15 Sec. 11. No public works project shall be instituted
16 unless the provisions of this Act have been complied with.
17 The provisions of this Act shall not be applicable to Federal
18 construction projects which require a prevailing wage
19 determination by the United States Secretary of Labor. The
20 Illinois Department of Labor represented by the Attorney
21 General is empowered to sue for injunctive relief against the
22 awarding of any contract or the continuation of work under
23 any contract for public works at a time when the prevailing
24 wage prerequisites have not been met. Any contract for
25 public works awarded at a time when the prevailing wage
26 prerequisites had not been met shall be void as against
27 public policy and the contractor is prohibited from
28 recovering any damages for the voiding of the contract or
29 pursuant to the terms of the contract. The contractor is
30 limited to a claim for amounts actually paid for labor and
31 materials supplied to the public body. Where objections to a
32 determination of the prevailing rate of wages or a court
33 action relative thereto is pending, the public body shall not
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1 continue work on the project unless sufficient funds are
2 available to pay increased wages if such are finally
3 determined or unless the Department of Labor certifies such
4 determination of the prevailing rate of wages as correct.
5 Any laborer, worker or mechanic employed by the
6 contractor or by any sub-contractor under him who is paid for
7 his services in a sum less than the stipulated rates for work
8 done under such contract, shall have a right of action for
9 whatever difference there may be between the amount so paid,
10 and the rates provided by the contract together with costs
11 and such reasonable attorney's fees as shall be allowed by
12 the court. Such contractor or subcontractor shall also be
13 liable to the Department of Labor for 20% of such
14 underpayments and shall be additionally liable to the
15 laborer, worker or mechanic for punitive damages in the
16 amount of 2% of the amount of any such penalty to the State
17 for underpayments for each month following the date of
18 payment during which such underpayments remain unpaid. The
19 Department shall also have a right of action on behalf of any
20 individual who has a right of action under this Section. An
21 action brought to recover same shall be deemed to be a suit
22 for wages, and any and all judgments entered therein shall
23 have the same force and effect as other judgments for wages.
24 At the request of any laborer, workman or mechanic employed
25 by the contractor or by any subcontractor under him who is
26 paid less than the prevailing wage rate required by this Act,
27 the Department of Labor may take an assignment of such wage
28 claim in trust for the assigning laborer, workman or mechanic
29 and may bring any legal action necessary to collect such
30 claim, and the contractor or subcontractor shall be required
31 to pay the costs incurred in collecting such claim.
32 The Prevailing Wage Enforcement Fund is created as a
33 special fund in the State treasury. All penalties collected
34 by the Department of Labor under this Section shall be
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1 deposited into the Fund. The Department of Labor shall use
2 moneys in the Fund to conduct investigations under this Act.
3 (Source: P.A. 86-799.)