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| Public Act 100-0002 | ||||
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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. The | ||||
Department shall publish on its official website a prevailing | ||
wage schedule for each county in the State, no later than | ||
August 15 of each year, based on the prevailing rate of wages | ||
investigated and ascertained by the Department during the month | ||
of June. Nothing prohibits the Department from publishing | ||
prevailing wage rates more than once per year.
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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.
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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 | ||
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 | ||
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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