Illinois General Assembly - Full Text of HB3120
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Full Text of HB3120  100th General Assembly




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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Section 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
8each public body shall, during the month of June of each
9calendar year, investigate and ascertain the prevailing rate of
10wages as defined in this Act and publicly post or keep
11available for inspection by any interested party in the main
12office of such public body its determination of such prevailing
13rate of wage and shall promptly file, no later than July 15 of
14each year, a certified copy thereof in the office of the
15Illinois Department of Labor.
16    The Department of Labor shall during the month of June of
17each calendar year, investigate and ascertain the prevailing
18rate of wages for each county in the State. If a public body
19does not investigate and ascertain the prevailing rate of wages
20during the month of June as required by the previous paragraph,
21then the prevailing rate of wages for that public body shall be
22the rate as determined by the Department under this paragraph
23for the county in which such public body is located.



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1    Where the Department of Labor ascertains the prevailing
2rate of wages, it is the duty of the Department of Labor within
330 days after receiving a notice from the public body
4authorizing the proposed work, to conduct an investigation to
5ascertain the prevailing rate of wages as defined in this Act
6and such investigation shall be conducted in the locality in
7which the work is to be performed. The Department of Labor
8shall send a certified copy of its findings to the public body
9authorizing the work and keep a record of its findings
10available for inspection by any interested party in the office
11of the Department of Labor at Springfield.
12    The public body except for the Department of Transportation
13with respect to highway contracts shall within 30 days after
14filing with the Department of Labor, or the Department of Labor
15shall within 30 days after filing with such public body,
16publish in a newspaper of general circulation within the area
17that the determination is effective, a notice of its
18determination and shall promptly mail a copy of its
19determination to any employer, and to any association of
20employers and to any person or association of employees who
21have filed their names and addresses, requesting copies of any
22determination stating the particular rates and the particular
23class of workers whose wages will be affected by such rates. If
24the Department of Labor ascertains the prevailing rate of wages
25for a public body, the public body may satisfy the newspaper
26publication requirement in this paragraph by posting on the



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1public body's website a notice of its determination with a
2hyperlink to the prevailing wage schedule for that locality
3that is published on the official website of the Department of
5    At any time within 30 days after the Department of Labor
6has published on its official web site a prevailing wage
7schedule, any person affected thereby may object in writing to
8the determination or such part thereof as they may deem
9objectionable by filing a written notice with the public body
10or Department of Labor, whichever has made such determination,
11stating the specified grounds of the objection. It shall
12thereafter be the duty of the public body or Department of
13Labor to set a date for a hearing on the objection after giving
14written notice to the objectors at least 10 days before the
15date of the hearing and said notice shall state the time and
16place of such hearing. Such hearing by a public body shall be
17held within 45 days after the objection is filed, and shall not
18be postponed or reset for a later date except upon the consent,
19in writing, of all the objectors and the public body. If such
20hearing is not held by the public body within the time herein
21specified, the Department of Labor may, upon request of the
22objectors, conduct the hearing on behalf of the public body.
23    The public body or Department of Labor, whichever has made
24such determination, is authorized in its discretion to hear
25each written objection filed separately or consolidate for
26hearing any one or more written objections filed with them. At



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1such hearing the public body or Department of Labor shall
2introduce in evidence the investigation it instituted which
3formed the basis of its determination, and the public body or
4Department of Labor, or any interested objectors may thereafter
5introduce such evidence as is material to the issue.
6Thereafter, the public body or Department of Labor, must rule
7upon the written objection and make such final determination as
8it believes the evidence warrants, and promptly file a
9certified copy of its final determination with such public
10body, and serve a copy by personal service or registered mail
11on all parties to the proceedings. The final determination by
12the Department of Labor or a public body shall be rendered
13within 30 days after the conclusion of the hearing.
14    If proceedings to review judicially the final
15determination of the public body or Department of Labor are not
16instituted as hereafter provided, such determination shall be
17final and binding.
18    The provisions of the Administrative Review Law, and all
19amendments and modifications thereof, and the rules adopted
20pursuant thereto, shall apply to and govern all proceedings for
21the judicial review of final administrative decisions of any
22public body or the Department of Labor hereunder. The term
23"administrative decision" is defined as in Section 3-101 of the
24Code of Civil Procedure.
25    Appeals from all final orders and judgments entered by the
26court in review of the final administrative decision of the



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1public body or Department of Labor, may be taken by any party
2to the action.
3    Any proceeding in any court affecting a determination of
4the Department of Labor or public body shall have priority in
5hearing and determination over all other civil proceedings
6pending in said court, except election contests.
7    In all reviews or appeals under this Act, it shall be the
8duty of the Attorney General to represent the Department of
9Labor, and defend its determination. The Attorney General shall
10not represent any public body, except the State, in any such
11review or appeal.
12(Source: P.A. 98-173, eff. 1-1-14.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.