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Public Act 098-0173


 

Public Act 0173 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0173
 
HB2540 EnrolledLRB098 03975 WGH 36802 b

    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
Secretary of State at Springfield and 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.
    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 Secretary of State, 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 the Secretary of State, 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. 93-38, eff. 6-1-04.)
 
    Section 99. Effective date. This Act takes effect January
1, 2014.

Effective Date: 1/1/2014