Illinois General Assembly - Full Text of HB2540
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Full Text of HB2540  98th General Assembly

HB2540enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB2540 EnrolledLRB098 03975 WGH 36802 b

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
15Secretary of State at Springfield and the office of the
16Illinois Department of Labor.
17    The Department of Labor shall during the month of June of
18each calendar year, investigate and ascertain the prevailing
19rate of wages for each county in the State. If a public body
20does not investigate and ascertain the prevailing rate of wages
21during the month of June as required by the previous paragraph,
22then the prevailing rate of wages for that public body shall be
23the rate as determined by the Department under this paragraph

 

 

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1for the county in which such public body is located.
2    Where the Department of Labor ascertains the prevailing
3rate of wages, it is the duty of the Department of Labor within
430 days after receiving a notice from the public body
5authorizing the proposed work, to conduct an investigation to
6ascertain the prevailing rate of wages as defined in this Act
7and such investigation shall be conducted in the locality in
8which the work is to be performed. The Department of Labor
9shall send a certified copy of its findings to the public body
10authorizing the work and keep a record of its findings
11available for inspection by any interested party in the office
12of the Department of Labor at Springfield.
13    The public body except for the Department of Transportation
14with respect to highway contracts shall within 30 days after
15filing with the Department of Labor Secretary of State, or the
16Department of Labor shall within 30 days after filing with such
17public body, publish in a newspaper of general circulation
18within the area that the determination is effective, a notice
19of its determination and shall promptly mail a copy of its
20determination to any employer, and to any association of
21employers and to any person or association of employees who
22have filed their names and addresses, requesting copies of any
23determination stating the particular rates and the particular
24class of workers whose wages will be affected by such rates.
25    At any time within 30 days after the Department of Labor
26has published on its official web site a prevailing wage

 

 

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1schedule, any person affected thereby may object in writing to
2the determination or such part thereof as they may deem
3objectionable by filing a written notice with the public body
4or Department of Labor, whichever has made such determination,
5stating the specified grounds of the objection. It shall
6thereafter be the duty of the public body or Department of
7Labor to set a date for a hearing on the objection after giving
8written notice to the objectors at least 10 days before the
9date of the hearing and said notice shall state the time and
10place of such hearing. Such hearing by a public body shall be
11held within 45 days after the objection is filed, and shall not
12be postponed or reset for a later date except upon the consent,
13in writing, of all the objectors and the public body. If such
14hearing is not held by the public body within the time herein
15specified, the Department of Labor may, upon request of the
16objectors, conduct the hearing on behalf of the public body.
17    The public body or Department of Labor, whichever has made
18such determination, is authorized in its discretion to hear
19each written objection filed separately or consolidate for
20hearing any one or more written objections filed with them. At
21such hearing the public body or Department of Labor shall
22introduce in evidence the investigation it instituted which
23formed the basis of its determination, and the public body or
24Department of Labor, or any interested objectors may thereafter
25introduce such evidence as is material to the issue.
26Thereafter, the public body or Department of Labor, must rule

 

 

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

 

 

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1pending in said court, except election contests.
2    In all reviews or appeals under this Act, it shall be the
3duty of the Attorney General to represent the Department of
4Labor, and defend its determination. The Attorney General shall
5not represent any public body, except the State, in any such
6review or appeal.
7(Source: P.A. 93-38, eff. 6-1-04.)
 
8    Section 99. Effective date. This Act takes effect January
91, 2014.