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.