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| Public Act 100-0002 |
| HB3044 Enrolled | LRB100 10787 JLS 21018 b |
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AN ACT concerning employment. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Prevailing Wage Act is amended by changing |
Section 9 as follows: |
(820 ILCS 130/9) (from Ch. 48, par. 39s-9) |
Sec. 9. To effectuate the purpose and policy of this Act |
each public body shall, during the month of June of each |
calendar year, investigate and ascertain the prevailing rate of |
wages as defined in this Act and publicly post or keep |
available for inspection by any interested party in the main |
office of such public body its determination of such prevailing |
rate of wage and shall promptly file, no later than July 15 of |
each year, a certified copy thereof in the office of the |
Illinois Department of Labor. |
The Department of Labor shall during the month of June of |
each calendar year, investigate and ascertain the prevailing |
rate of wages for each county in the State. If a public body |
does not investigate and ascertain the prevailing rate of wages |
during the month of June as required by the previous paragraph, |
then the prevailing rate of wages for that public body shall be |
the rate as determined by the Department under this paragraph |
for the county in which such public body is located. The |
Department shall publish on its official website a prevailing |
wage schedule for each county in the State, no later than |
August 15 of each year, based on the prevailing rate of wages |
investigated and ascertained by the Department during the month |
of June. Nothing prohibits the Department from publishing |
prevailing wage rates more than once per year. |
Where the Department of Labor ascertains the prevailing |
rate of wages, it is the duty of the Department of Labor within |
30 days after receiving a notice from the public body |
authorizing the proposed work, to conduct an investigation to |
ascertain the prevailing rate of wages as defined in this Act |
and such investigation shall be conducted in the locality in |
which the work is to be performed. The Department of Labor |
shall send a certified copy of its findings to the public body |
authorizing the work and keep a record of its findings |
available for inspection by any interested party in the office |
of the Department of Labor at Springfield. |
The public body except for the Department of Transportation |
with respect to highway contracts shall within 30 days after |
filing with the Department of Labor, or the Department of Labor |
shall within 30 days after filing with such public body, |
publish in a newspaper of general circulation within the area |
that the determination is effective, a notice of its |
determination and shall promptly mail a copy of its |
determination to any employer, and to any association of |
employers and to any person or association of employees who |
have filed their names and addresses, requesting copies of any |
determination stating the particular rates and the particular |
class of workers whose wages will be affected by such rates. |
At any time within 30 days after the Department of Labor |
has published on its official web site a prevailing wage |
schedule, any person affected thereby may object in writing to |
the determination or such part thereof as they may deem |
objectionable by filing a written notice with the public body |
or Department of Labor, whichever has made such determination, |
stating the specified grounds of the objection. It shall |
thereafter be the duty of the public body or Department of |
Labor to set a date for a hearing on the objection after giving |
written notice to the objectors at least 10 days before the |
date of the hearing and said notice shall state the time and |
place of such hearing. Such hearing by a public body shall be |
held within 45 days after the objection is filed, and shall not |
be postponed or reset for a later date except upon the consent, |
in writing, of all the objectors and the public body. If such |
hearing is not held by the public body within the time herein |
specified, the Department of Labor may, upon request of the |
objectors, conduct the hearing on behalf of the public body. |
The public body or Department of Labor, whichever has made |
such determination, is authorized in its discretion to hear |
each written objection filed separately or consolidate for |
hearing any one or more written objections filed with them. At |
such hearing the public body or Department of Labor shall |
introduce in evidence the investigation it instituted which |
formed the basis of its determination, and the public body or |
Department of Labor, or any interested objectors may thereafter |
introduce such evidence as is material to the issue. |
Thereafter, the public body or Department of Labor, must rule |
upon the written objection and make such final determination as |
it believes the evidence warrants, and promptly file a |
certified copy of its final determination with such public |
body, and serve a copy by personal service or registered mail |
on all parties to the proceedings. The final determination by |
the Department of Labor or a public body shall be rendered |
within 30 days after the conclusion of the hearing. |
If proceedings to review judicially the final |
determination of the public body or Department of Labor are not |
instituted as hereafter provided, such determination shall be |
final and binding. |
The provisions of the Administrative Review Law, and all |
amendments and modifications thereof, and the rules adopted |
pursuant thereto, shall apply to and govern all proceedings for |
the judicial review of final administrative decisions of any |
public body or the Department of Labor hereunder. The term |
"administrative decision" is defined as in Section 3-101 of the |
Code of Civil Procedure. |
Appeals from all final orders and judgments entered by the |
court in review of the final administrative decision of the |
public body or Department of Labor, may be taken by any party |
to the action. |
Any proceeding in any court affecting a determination of |
the Department of Labor or public body shall have priority in |
hearing and determination over all other civil proceedings |
pending in said court, except election contests. |
In all reviews or appeals under this Act, it shall be the |
duty of the Attorney General to represent the Department of |
Labor, and defend its determination. The Attorney General shall |
not represent any public body, except the State, in any such |
review or appeal. |
(Source: P.A. 98-173, eff. 1-1-14.) |
Section 99. Effective date. This Act takes effect upon |
becoming law.
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