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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | |||||||||||||||||||
5 | Section 9 as follows:
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6 | (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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7 | Sec. 9.
To effectuate the purpose and policy of this Act | |||||||||||||||||||
8 | each public
body shall, during the month of June of each | |||||||||||||||||||
9 | calendar year, investigate
and ascertain the prevailing rate of | |||||||||||||||||||
10 | wages as defined in this Act and
publicly post or keep | |||||||||||||||||||
11 | available for inspection by any interested party
in the main | |||||||||||||||||||
12 | office of such public body its determination of such
prevailing | |||||||||||||||||||
13 | rate of wage and shall promptly file, no later than July 15 of
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14 | each year, a certified copy thereof
in the office of the | |||||||||||||||||||
15 | Secretary of State at Springfield and the office of the
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16 | Illinois Department of Labor.
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17 | The Department of Labor shall during the month of June of | |||||||||||||||||||
18 | each calendar
year, investigate and ascertain the prevailing | |||||||||||||||||||
19 | rate of wages for each county
in the State. If a public body | |||||||||||||||||||
20 | does not investigate and ascertain the
prevailing
rate of wages | |||||||||||||||||||
21 | during the month of June as required by the previous paragraph,
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22 | then the prevailing rate of wages for that public body shall be | |||||||||||||||||||
23 | the rate
as determined by the Department under this paragraph |
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1 | for the county in which
such public body is located.
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2 | Where the Department of Labor ascertains the prevailing | ||||||
3 | rate of
wages, it is the duty of the Department of Labor within | ||||||
4 | 30 days after
receiving a notice from the public body | ||||||
5 | authorizing the proposed work,
to conduct an investigation to | ||||||
6 | ascertain the prevailing rate of wages as
defined in this Act | ||||||
7 | and such investigation shall be conducted in the
locality in | ||||||
8 | which the work is to be performed. The Department of Labor
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9 | shall send a certified copy of its findings to the public body
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10 | authorizing the work and keep a record of its findings | ||||||
11 | available for
inspection by any interested party in the office | ||||||
12 | of the Department of
Labor at Springfield.
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13 | The public body except for the Department of Transportation | ||||||
14 | with
respect to highway contracts shall within 30 days after | ||||||
15 | filing with the
Secretary of State, or the Department of Labor | ||||||
16 | shall within 30 days
after filing with such public body, | ||||||
17 | publish in a newspaper of general
circulation within the area | ||||||
18 | that the determination is effective, a
notice that the | ||||||
19 | determination is effective and how or where the determination | ||||||
20 | is available for inspection of its determination and shall | ||||||
21 | promptly mail a copy of its
determination to any employer, and | ||||||
22 | to any association of employers and
to any person or | ||||||
23 | association of employees who have filed their names and
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24 | addresses, requesting copies of any determination stating the | ||||||
25 | particular
rates and the particular class of workers whose | ||||||
26 | wages will be affected
by such rates.
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1 | At any time within 30 days after the Department of Labor | ||||||
2 | has published
on its official web site a prevailing wage | ||||||
3 | schedule, any person affected
thereby may object in writing to | ||||||
4 | the determination or such part thereof
as they may deem | ||||||
5 | objectionable by filing a written notice with the
public body | ||||||
6 | or Department of Labor, whichever has made such
determination, | ||||||
7 | stating the specified grounds of the objection. It shall
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8 | thereafter be the duty of the public body or Department of | ||||||
9 | Labor to set
a date for a hearing on the objection after giving | ||||||
10 | written notice to the
objectors at least 10 days before the | ||||||
11 | date of the hearing and said
notice shall state the time and | ||||||
12 | place of such hearing. Such hearing by a
public body shall be | ||||||
13 | held within 45 days after the objection is filed,
and shall not | ||||||
14 | be postponed or reset for a later date except upon the
consent, | ||||||
15 | in writing, of all the objectors and the public body. If such
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16 | hearing is not held by the public body within the time herein | ||||||
17 | specified,
the Department of Labor may, upon request of the | ||||||
18 | objectors, conduct the
hearing on behalf of the public body.
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19 | The public body or Department of Labor, whichever has made | ||||||
20 | such
determination, is authorized in its discretion to hear | ||||||
21 | each written
objection filed separately or consolidate for | ||||||
22 | hearing any one or more
written objections filed with them. At | ||||||
23 | such hearing the public body or
Department of Labor shall | ||||||
24 | introduce in evidence the investigation it
instituted which | ||||||
25 | formed the basis of its determination, and the public
body or | ||||||
26 | Department of Labor, or any interested objectors may thereafter
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1 | introduce such evidence as is material to the issue. | ||||||
2 | Thereafter, the
public body or Department of Labor, must rule | ||||||
3 | upon the written objection
and make such final determination as | ||||||
4 | it believes the evidence warrants,
and promptly file a | ||||||
5 | certified copy of its final determination with such
public body | ||||||
6 | and the Secretary of State, and serve a copy by personal
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7 | service or registered mail on all parties to the proceedings. | ||||||
8 | The final
determination by the Department of Labor or a public | ||||||
9 | body shall be rendered
within 30 days after the conclusion of | ||||||
10 | the hearing.
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11 | If proceedings to review judicially the final | ||||||
12 | determination of the
public body or Department of Labor are not | ||||||
13 | instituted as hereafter
provided, such determination shall be | ||||||
14 | final and binding.
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15 | The provisions of the Administrative Review Law, and all | ||||||
16 | amendments
and modifications thereof, and the rules
adopted | ||||||
17 | pursuant thereto, shall apply to and govern all proceedings for
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18 | the judicial review of final administrative decisions of any | ||||||
19 | public body
or the Department of Labor hereunder. The term | ||||||
20 | "administrative decision"
is defined as in Section 3-101 of the | ||||||
21 | Code of Civil Procedure.
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22 | Appeals from all final orders and judgments entered by the | ||||||
23 | court in
review of the final administrative decision of the | ||||||
24 | public body or
Department of Labor, may be taken by any party | ||||||
25 | to the action.
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26 | Any proceeding in any court affecting a determination of |
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1 | the
Department of Labor or public body shall have priority in | ||||||
2 | hearing and
determination over all other civil proceedings | ||||||
3 | pending in said court,
except election contests.
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4 | In all reviews or appeals under this Act, it shall be the | ||||||
5 | duty of the
Attorney General to represent the Department of | ||||||
6 | Labor, and defend its
determination. The Attorney General shall | ||||||
7 | not represent any public body,
except the State, in any such | ||||||
8 | review or appeal.
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9 | (Source: P.A. 93-38, eff. 6-1-04 .)
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