Public Act 100-1177
 
SB0203 EnrolledLRB100 04912 JLS 14922 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 
Sections 2, 4, 5, 5.1, 7, 9, and 10 and  by adding Sections 3.1 
and 3.2 as follows:
 
 

    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)

 
    Sec. 2. This Act applies to the wages of laborers, 
mechanics and
other workers employed in any public works, as 
hereinafter defined, by
any public body and to anyone under 
contracts for public works. This includes any maintenance, 
repair, assembly, or disassembly work performed on equipment 
whether owned, leased, or rented.

    As used in this Act, unless the context indicates 
otherwise:

    "Public works" means all fixed works constructed or 
demolished  by
any public body,
or paid for wholly or in part 
out of public funds.  "Public works" as
defined herein includes 
all projects financed in whole
or in part with bonds, grants, 
loans, or other funds made available by or through the State or 
any of its political subdivisions, including but not limited 
to: bonds issued under the Industrial Project Revenue Bond
Act 
(Article 11, Division 74 of the Illinois Municipal Code), the 
Industrial
Building Revenue Bond Act, the Illinois Finance 
Authority Act,
the Illinois Sports Facilities Authority Act, or 
the Build Illinois Bond Act; loans or other funds made

available pursuant to the Build Illinois Act; loans or other 
funds made available pursuant to the Riverfront Development 
Fund under Section 10-15 of the River Edge Redevelopment Zone 
Act; or funds from the Fund for
Illinois' Future under Section 
6z-47 of the State Finance Act, funds for school
construction 
under Section 5 of the General Obligation Bond Act, funds

authorized under Section 3 of the School Construction Bond Act, 
funds for
school infrastructure under Section 6z-45 of the 
State Finance Act, and funds
for transportation purposes under 
Section 4 of the General Obligation Bond
Act.  "Public works" 
also includes (i) all projects financed in whole or in part

with funds from the Department of Commerce and Economic 
Opportunity under the Illinois Renewable Fuels Development 
Program
Act for which there is no project labor agreement; (ii) 
all work performed pursuant to a public private agreement under 
the Public Private Agreements for the Illiana Expressway Act or 
the Public-Private Agreements for the South Suburban Airport 
Act; and (iii) all projects undertaken under a public-private 
agreement under the Public-Private Partnerships for 
Transportation Act. "Public works" also includes all projects 
at leased facility property used for airport purposes under 
Section 35 of  the  Local Government Facility Lease Act. "Public 
works" also includes the construction of a new wind power 
facility by a business designated as a High Impact Business 
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.

"Public works" does not include work done directly by any 
public utility company, whether or not done under public 
supervision or direction, or paid for wholly or in part out of 
public funds.  "Public works" also includes any corrective 
action performed pursuant to Title XVI of the Environmental 
Protection Act for which payment from the Underground Storage 
Tank Fund is requested. "Public works" does not include 
projects undertaken by the owner at an owner-occupied 
single-family residence or at an owner-occupied unit of a 
multi-family residence. "Public works" does not include work 
performed for soil and water conservation purposes on 
agricultural lands, whether or not done under public 
supervision or paid for wholly or in part out of public funds, 
done directly by an owner or person who has legal control of 
those lands. 

    "Construction" means all work on public works involving 
laborers,
workers or mechanics. This includes any maintenance, 
repair, assembly, or disassembly work performed on equipment 
whether owned, leased, or rented.

    "Locality" means the county where the physical work upon 
public works
is performed, except (1) that if there is not 
available in the county a
sufficient number of competent 
skilled laborers, workers and mechanics
to construct the public 
works efficiently and properly, "locality"
includes any other 
county nearest the one in which the work or
construction is to 
be performed and from which such persons may be
obtained in 
sufficient numbers to perform the work and (2) that, with

respect to contracts for highway work with the Department of

Transportation of this State, "locality" may at the discretion 
of the
Secretary of the Department of Transportation be 
construed to include
two or more adjacent counties from which 
workers may be accessible for
work on such construction.

    "Public body" means the State or any officer, board or 
commission of
the State or any political subdivision or 
department thereof, or any
institution supported in whole or in 
part by public funds,
and includes every county, city, town,

village, township, school district, irrigation, utility, 
reclamation
improvement or other district and every other 
political subdivision,
district or municipality of the state 
whether such political
subdivision, municipality or district 
operates under a special charter
or not.

    "Labor organization" means an organization that is the 
exclusive representative of an
employer's employees recognized 
or certified pursuant to the National Labor Relations Act. 
    The terms "general prevailing rate of hourly wages", 
"general
prevailing rate of wages" or "prevailing rate of 
wages" when used in
this Act mean the hourly cash wages plus  
annualized fringe benefits for training and
apprenticeship 
programs approved by the U.S. Department of Labor, Bureau of

Apprenticeship and Training, health and welfare, insurance, 
vacations and
pensions paid generally, in the
locality in which 
the work is being performed, to employees engaged in
work of a 
similar character on public works.

(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; 
98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. 
7-16-14.)

 
    (820 ILCS 130/3.1 new)
    Sec. 3.1. Employment of local laborers; report. The 
Department of Labor shall report annually, no later than 
February 1, to the General Assembly and the Governor the number 
of people employed on public works in the State during the 
preceding calendar year. This report shall include the total 
number of  people employed and  the total number of hours worked 
on public works both statewide and by county. Additionally, the 
report shall include the total number of people employed and 
the hours worked on public works by the 5-digit zip code, as 
collected on certified payroll, of the individual's residence 
during   employment on public works. The report to the General 
Assembly shall be filed with the Clerk of the House of 
Representatives and the Secretary of the Senate in electronic 
form only, in the manner that the Clerk and Secretary shall 
direct. 
 
    (820 ILCS 130/3.2 new)
    Sec. 3.2. Employment of females and minorities on public 
works.
    (a)    The Department of Labor shall study and report on the 
participation of females and minorities on public works in 
Illinois. The Department of Labor shall use certified payrolls 
collected under Section 5.1 to obtain this information. The 
Department of Labor shall use the same categories for gender, 
race, and ethnicity as the U.S. Census Bureau for data 
collected under Section 5. 
    (b)    No later than December 31, 2020, the Department of 
Labor shall create recommendations to increase female and 
minority participation on public works projects by county. The 
Department of Labor shall use its own study, data from the U.S. 
Department of
 Labor's goals for Davis-Bacon Act covered 
projects, and any available data from the State or federal 
governments.
 



    (820 ILCS 130/4)  (from Ch. 48, par. 39s-4)



    Sec. 4. Ascertaining prevailing wage. 
    (a) The prevailing rate of wages paid to individuals 
covered under this Act shall not be less than the
rate that 
prevails for work of a similar character on public works in the 
locality in which the
work is performed under collective 
bargaining agreements or understandings between employers
or 
employer associations and bona fide labor organizations 
relating to each craft or type of
worker or mechanic needed to 
execute the contract or perform such work, and collective

bargaining agreements or understandings successor thereto, 
provided that said employers or
members of said employer 
associations employ at least 30% of the laborers, workers, or

mechanics in the same trade or occupation in the locality where 
the work is being performed.
    (b) If the prevailing rates of wages and fringe benefits 
cannot reasonably and fairly be applied
in any locality because 
no such agreements or understandings exist, the Department of 
Labor
shall determine the rates and fringe benefits for the 
same or most similar work in the nearest and
most similar 
neighboring locality in which such agreements or 
understandings exist. The
Department of Labor shall keep a 
record of its findings available for inspection by any 
interested
party in the office of the Department of Labor.
    (c) In the event it is determined, after a written 
objection is filed and hearing is held in
accordance with 
Section 9 of this Act, that less than 30% of the laborers, 
workers, or
mechanics in a particular trade or occupation in 
the locality where the work is performed receive
a collectively 
bargained rate of wage, then the average wage paid to such 
laborers, workers, or
mechanics in the same trade or occupation 
in the locality for the 12-month period preceding
the 
Department of Labor's annual determination shall be the 
prevailing rate of wage. 
    (d) (a) The public body awarding any contract for public 
work or
otherwise undertaking any public works, shall ascertain 
the general
prevailing rate of hourly wages in the locality in 
which the work is to
be performed, for each craft or type of 
worker or mechanic needed to
execute the contract, and where 
the public body performs the work
without letting a contract 
therefor, shall ascertain the prevailing rate
of wages on a per 
hour basis in the locality, and such public body shall
specify 
in the resolution or ordinance and in the call for bids for the

contract, or where the public body performs the work without 
letting the contract in a written instrument provided to the 
contractor, that the general prevailing rate of wages in the 
locality for
each craft or type of worker or mechanic needed to 
execute the contract
or perform such work, also the general 
prevailing rate for legal holiday
and overtime work, as 
ascertained by the public body or by the
Department of Labor 
shall be paid for each craft or type of worker
needed to 
execute the contract or to perform such work, and it shall be

mandatory upon the contractor to whom the contract is awarded 
and upon
any subcontractor under him, and where the public body 
performs the
work, upon the public body, to pay not less than 
the specified rates to
all laborers, workers and mechanics 
employed by them in the execution of
the contract or such work. 
Compliance with this Act is a matter of statewide concern, and 
a public body may not opt out of any provisions herein. ; 
provided, however, that if the public body
desires that the 
Department of Labor ascertain the prevailing rate of
wages, it 
shall notify the Department of Labor to ascertain the general

prevailing rate of hourly wages for work under contract, or for 
work
performed by a public body without letting a contract as 
required in the
locality in which the work is to be performed, 
for each craft or type of
worker or mechanic needed to execute 
the contract or project or work to
be performed. Upon such 
notification the Department of Labor shall
ascertain such 
general prevailing rate of wages, and certify the
prevailing 
wage to such public body.
    (e) (a-1)  The public body or other entity awarding the

contract shall cause to be inserted in the project 
specifications and the
contract a stipulation to the
effect 
that not less than the prevailing rate of wages as found by the

public body or Department of Labor or determined by the court 
on review
shall be paid to all laborers, workers and mechanics 
performing work
under the contract.

    (f) (a-2)  When a public body or other entity covered by 
this Act has awarded work to a contractor without a public bid, 
contract or project specification, such public body or other 
entity shall comply with subsection (e) (a-1) by providing the 
contractor with written notice on the purchase order related to 
the work to be done or on a separate document indicating that 
not less than the prevailing rate of wages ascertained as found 
by the public body or Department of Labor or determined by the 
court on review shall be paid to all laborers, workers, and 
mechanics performing work on the project. 
    (g) (a-3)  Where a complaint is made and the Department of 
Labor determines that a violation occurred, the Department of 
Labor shall determine if proper written notice under this 
Section 4 was given.  If proper written notice was not provided 
to the contractor by the public body or other entity, the 
Department of Labor shall order the public body or other entity 
to pay any interest, penalties or fines that would have been 
owed by the contractor if proper written notice were provided.  
The failure by a public body or other entity to provide written 
notice does not relieve the contractor of the duty to comply 
with the prevailing wage rate, nor of the obligation to pay any 
back wages, as determined under this Act.  For the purposes of 
this subsection, back wages shall be limited to the difference 
between the actual amount paid and the prevailing rate of wages 
required to be paid for the project.  The failure of a public 
body or other entity to provide written notice under this 
Section 4 does not diminish the right of a laborer, worker, or 
mechanic to the prevailing rate of wages as determined under 
this Act. 
    (h) (b) It shall also be mandatory upon the contractor to 
whom the contract is
awarded
to insert into each subcontract 
and into the project specifications for each
subcontract a 
written stipulation to the effect that not less than the

prevailing
rate of wages shall be paid to all laborers, 
workers, and mechanics performing
work under the contract. It 
shall also be mandatory upon each subcontractor to
cause to be 
inserted into each lower tiered subcontract
and into the 
project specifications for each lower tiered subcontract a

stipulation to the effect that not less
than the prevailing 
rate of wages shall be paid to all laborers, workers, and

mechanics performing work under the contract. A contractor or 
subcontractor who
fails to comply with this subsection (b) is 
in violation of this Act.

    (i) (b-1)  When a contractor has awarded work to a 
subcontractor without a contract or contract specification, 
the contractor shall comply with subsection (h) (b) by 
providing a subcontractor with a written statement indicating 
that not less than the prevailing rate of wages shall be paid 
to all laborers, workers, and mechanics performing work on the 
project.  A contractor or subcontractor who fails to comply with 
this subsection (b-1) is in violation of this Act. 
    (j) (b-2)  Where a complaint is made and the Department of 
Labor determines that a violation has occurred, the Department 
of Labor shall determine if proper written notice under this 
Section 4 was given.  If proper written notice was not provided 
to the subcontractor by the contractor, the Department of Labor 
shall order the contractor to pay any interest, penalties, or 
fines that would have been owed by the subcontractor if proper 
written notice were provided.  The failure by a contractor to 
provide written notice to a subcontractor does not relieve the 
subcontractor of the duty to comply with the prevailing wage 
rate, nor of the obligation to pay any back wages, as 
determined under this Act.  For the purposes of this subsection, 
back wages shall be limited to the difference between the 
actual amount paid and the prevailing rate of wages required 
for the project.  However, if proper written notice was not 
provided to the contractor by the public body or other entity 
under this Section 4, the Department of Labor shall order the 
public body or other entity to pay any interest, penalties, or 
fines that would have been owed by the subcontractor if proper 
written notice were provided.  The failure by a public body or 
other entity to provide written notice does not relieve the 
subcontractor of the duty to comply with the prevailing wage 
rate, nor of the obligation to pay any back wages, as 
determined under this Act.  For the purposes of this subsection, 
back wages shall be limited to the difference between the 
actual amount paid and the prevailing rate of wages required 
for the project.  The failure to provide written notice by a 
public body, other entity, or contractor does not diminish the 
right of a laborer, worker, or mechanic to the prevailing rate 
of wages as determined under this Act. 
    (k) (c) A public body or other entity shall also require in 
all contractor's and subcontractor's bonds
that the contractor 
or subcontractor include such provision as will guarantee the

faithful performance of such prevailing wage clause as provided 
by
contract or other written instrument.  All bid specifications 
shall list the specified rates to all
laborers, workers and 
mechanics in the locality for each craft or type of
worker or 
mechanic needed to execute the contract.

    (l) (d) If the Department of Labor
revises the prevailing 
rate of hourly wages to be paid by the public body or other 
entity, the
revised rate shall apply to such contract, and the 
public body or other entity shall be
responsible to notify the 
contractor and each subcontractor, of the revised
rate.

    The public body or other entity shall discharge its duty to 
notify of the revised rates by inserting a written stipulation 
in all contracts or other written instruments that states the 
prevailing rate of wages are revised by the Department of Labor 
and are available on the Department's official website.  This 
shall be deemed to be  proper notification of any rate changes 
under this subsection.
    (m) (e) Two or more investigatory hearings under this 
Section on the issue
of establishing a new prevailing wage 
classification for a particular craft
or type of worker shall 
be consolidated in a single hearing before the
Department.  Such 
consolidation shall occur whether each separate investigatory

hearing is conducted by a public body or the Department.  The 
party requesting
a consolidated investigatory hearing shall 
have the burden of establishing that
there is no existing 
prevailing wage classification for the particular craft or
type 
of worker in any of the localities under consideration.

    (n) (f) It shall be mandatory upon the contractor or 
construction manager
to whom a contract for public works is 
awarded to post, at a
location on the project site of the 
public works that is
easily accessible to the workers engaged 
on the project,
the prevailing wage rates for each craft or 
type of worker
or mechanic needed to execute the contract or 
project or
work to be performed.  In lieu of posting on the 
project site of the public works, a contractor which has a 
business location where laborers, workers, and mechanics 
regularly visit may: (1) post in a conspicuous location at that 
business the current prevailing wage rates for each county in 
which the contractor is performing work; or (2) provide such 
laborer, worker, or mechanic engaged on the public works 
project a written notice indicating the prevailing wage rates 
for the public works project. A failure to post or provide a 
prevailing wage
rate as required by this Section is a violation 
of this Act.

(Source: P.A. 96-437, eff. 1-1-10; 97-964, eff. 1-1-13.)

 
 

    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)

 
    Sec. 5. Certified payroll.


    (a) Any contractor and each subcontractor who participates 
in public works shall:
        (1) make and keep, for a period of not less
than 3 
    years from the date of the last payment made before January 
    1, 2014 (the effective date of Public Act 98-328) and for a 
    period of 5 years from the date of the last payment made on 
    or after January 1, 2014 (the effective date of Public Act 
    98-328) on a contract or subcontract for public works, 
    records of all laborers, mechanics, and other workers 
    employed by them on the project; the records shall include 
    (i) the worker's name, (ii) the worker's address, (iii) the 
    worker's telephone number
when available, (iv) the last 4 
    digits of the worker's social security number, (v) the 
    worker's gender, (vi) the worker's race, (vii) the
 worker's 
    ethnicity, (viii) veteran status, (ix) the worker's 
    classification or classifications, (x)  (vi) the worker's 
    gross and net wages paid in each pay period, (xi) (vii) the 
    worker's number of hours worked each day, (xii) (viii) the 
    worker's starting and ending times of work each day, (xiii) 
    (ix) the worker's hourly wage rate, (xiv) (x) the worker's 
    hourly  overtime wage rate, (xv) (xi) the worker's hourly 
    fringe benefit rates, (xvi) (xii) the name and address of 
    each fringe benefit fund, (xvii) (xiii) the plan sponsor of 
    each fringe benefit, if applicable, and (xviii) (xiv) the 
    plan  administrator of each fringe benefit, if applicable; 
    and
        (2) no later than the 15th day of each calendar month 
    file a certified payroll for the immediately preceding 
    month with the public body in charge of the project until 
    the Department of Labor activates the database created 
    under Section 5.1 at which time certified payroll shall 
    only be submitted to that database, except for projects 
    done by State agencies that opt to have contractors submit 
    certified payrolls directly to that State agency. A State 
    agency that opts to directly receive certified payrolls 
    must submit the required information in a specified 
    electronic format to the Department of Labor no later than 
    10 days after the certified payroll was filed with the 
    State agency. A certified payroll must be filed for only 
    those calendar months during which construction on a public 
    works project has occurred. The certified payroll shall 
    consist of a complete copy of the records identified in 
    paragraph (1) of this subsection (a), but may exclude the 
    starting and ending times of work each day.  The certified 
    payroll shall be accompanied by a statement signed by the 
    contractor or subcontractor or an officer, employee, or 
    agent of the contractor or subcontractor which avers that: 
    (i) he or she has examined the certified payroll records 
    required to be submitted by the Act and such records are 
    true and accurate; (ii) the hourly rate paid to each worker 
    is not less than the general prevailing rate of hourly 
    wages required by this Act; and (iii) the contractor or 
    subcontractor is aware that filing a certified payroll that 
    he or she  knows to be false is a Class A misdemeanor. A 
    general contractor is not prohibited from relying on the 
    certification of a lower tier subcontractor, provided the 
    general contractor does not knowingly rely upon a 
    subcontractor's false certification. Any contractor or 
    subcontractor subject to this Act and any officer, 
    employee, or agent of such contractor or subcontractor 
    whose duty as such officer, employee, or agent it is to 
    file such certified payroll who willfully fails to file 
    such a certified payroll on or before the date such 
    certified payroll is required by this paragraph to be filed 
    and any person who willfully files a false certified 
    payroll that is false as to any material fact is in 
    violation of this Act and guilty of a Class A misdemeanor. 
    The public body in charge of the project shall keep the 
    records submitted in accordance with this  paragraph (2) of 
    subsection (a) before January 1, 2014 (the effective date 
    of Public Act 98-328) for a period of not less than 3 
    years, and the records submitted in accordance with this 
    paragraph (2) of subsection (a) on or after January 1, 2014 
    (the effective date of Public Act 98-328) for a period of 5 
    years, from the date of the last payment for work on a 
    contract or subcontract for public works or until the 
    Department of Labor activates the database created under 
    Section 5.1, whichever is less. After the activation of the 
    database created under Section 5.1, the Department of Labor 
    rather than the public body in charge of the project shall 
    keep the records and maintain the database. The records 
    submitted in accordance with this  paragraph (2) of 
    subsection (a) shall be considered public records,  except 
    an employee's address, telephone number, and social 
    security number, race, ethnicity, and gender, and made 
    available in accordance with the Freedom of Information 
    Act. The public body shall accept any reasonable 
    submissions by the contractor that meet the requirements of 
    this Section.

    A contractor, subcontractor, or public body may retain 
records required under this Section in paper or electronic 
format. 
    (b) Upon 7 business days' notice, the contractor and each 
subcontractor shall make available for inspection and copying 
at a location within this State during reasonable hours, the 
records identified in paragraph (1) of subsection (a) of this 
Section to the public body
in charge of the project, its 
officers and agents, the Director of Labor
and his deputies and 
agents, and to federal, State, or local law enforcement 
agencies and prosecutors.
    (c) A contractor or subcontractor who remits contributions 
to fringe benefit funds that are jointly maintained and jointly 
governed by one or more employers and one or more labor 
organizations in accordance with the federal  Labor Management 
Relations Act shall make and keep certified payroll records 
that include the information required under items (i) through 
(viii) of paragraph (1) of subsection (a) only. However, the 
information required under  items (ix) through (xiv) of 
paragraph (1) of subsection (a)  shall be required for any 
contractor or subcontractor who remits contributions to a 
fringe benefit fund that is not jointly maintained and jointly 
governed by one or more employers and one or more labor 
organizations in accordance with the federal Labor Management 
Relations Act. 
(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482, 
eff. 1-1-14; 98-756, eff. 7-16-14.)

 
    (820 ILCS 130/5.1)
    Sec. 5.1. Electronic database. The Subject to 
appropriation, the Department shall develop and maintain an 
electronic database capable of accepting and retaining 
certified payrolls submitted under this Act no later than April 
1, 2020. The database shall accept certified payroll forms 
provided by the Department that are fillable and designed to 
accept electronic signatures. 

(Source: P.A. 98-482, eff. 1-1-14.)
 



    (820 ILCS 130/7)  (from Ch. 48, par. 39s-7)



    Sec. 7. 
The finding of the public body awarding the 
contract or
authorizing the work or the Department of Labor 
ascertaining and
declaring the general prevailing rate of 
hourly wages shall be final for
all purposes of the contract 
for public work then being considered,
unless reviewed under 
the provisions of this Act. Nothing in this Act,
however, shall 
be construed to prohibit the payment to any laborer,
worker or 
mechanic employed on any public work, as aforesaid, of more

than the prevailing rate of wages; provided further that 
nothing in this
Act shall be construed to limit the hours of 
work which may be performed
by any person in any particular 
period of time.

(Source: P.A. 81-992.)

 



    (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

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 and shall publish the prevailing wage schedule 
ascertained on its official website no later than
July 15 of 
each year. If the prevailing rate of wages is based on a 
collective bargaining
agreement, any increases directly 
ascertainable from such collective bargaining agreement shall

also be published on the website. Further, if the prevailing 
rate of wages is based on a collective
bargaining agreement, 
the explanation of classes on the prevailing wage schedule 
shall be
consistent with the classifications established under 
the collective bargaining agreement.  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. 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.

    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, 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. 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 
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. 

    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. A person filing 
an objection alleging that the actual percentage of
laborers, 
workers, or mechanics that receive a collectively bargained 
rate of wage is below the
required 30% shall have the burden of 
establishing such and shall support the allegation
with 
competent evidence. During the pendency of any objection and 
until final determination
thereof, the work in question shall 
proceed under the rate established by the Department. 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 the Department of Labor 
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 Department of Labor. 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 may , 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 serve a copy by personal
service, or registered mail, 
or electronic 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. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; 
100-863, eff. 8-14-18.)

 



    (820 ILCS 130/10)  (from Ch. 48, par. 39s-10)



    Sec. 10. 
The presiding officer of the public body, or his 
or her authorized
representative and the Director of the 
Department of Labor, or his or
her authorized representative 
may interview workers, administer oaths, take
or cause to be 
taken
the depositions of witnesses, and require by subpoena the 
attendance and
testimony of witnesses, and the production of 
all books, records, and other
evidence relative to the matter 
under investigation or hearing. Such
subpoena shall be signed 
and issued by such presiding officer or his or her
authorized 
representative, or the Director or his or her authorized

representative.

    Upon request by the Director of Labor or his or her 
deputies or agents,
records shall be copied and submitted for 
evidence at no cost to the
Department of Labor. Every employer 
upon request shall furnish to the
Director or his or her 
authorized representative, on demand, a sworn statement
of the 
accuracy of the records. Any employer who refuses to furnish a 
sworn
statement of the records is in violation of this Act.

    In case of failure of any person to comply with any 
subpoena lawfully
issued under this Section section or on the 
refusal of any witness to produce
evidence or to testify to any 
matter regarding which he or she may be
lawfully interrogated, 
it is the duty of any circuit court, upon
application of such 
presiding officer or his or her authorized representative,
or 
the Director or his or her authorized representative, to compel 
obedience by
proceedings for contempt, as in the case of 
disobedience of the requirements of
a subpoena issued by such 
court or a refusal to testify therein. The Such presiding

officer and the Director may certify to official acts.

(Source: P.A. 93-38, eff. 6-1-04.)

  
 
    (820 ILCS 130/8 rep.)
    Section 10. The Prevailing Wage Act is amended by repealing 
Section 8.