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Public Act 100-0154
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| HB3120 Enrolled | LRB100 05684 KTG 15702 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 |
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 |
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
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each year, a certified copy thereof
in 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 |
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,
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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.
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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
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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 |
available for
inspection by any interested party in the office |
of the Department of
Labor at Springfield.
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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
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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. If |
the Department of Labor ascertains the prevailing rate of wages |
for a public body, the public body may satisfy the newspaper |
publication requirement in this paragraph by posting on the |
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public body's website a notice of its determination with a |
hyperlink to the prevailing wage schedule for that locality |
that is published on the official website of the Department of |
Labor.
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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
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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
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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.
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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 |
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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
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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
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within 30 days after the conclusion of the hearing.
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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.
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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
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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.
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Appeals from all final orders and judgments entered by the |
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 |
to the action.
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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.
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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.
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(Source: P.A. 98-173, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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