Public Act 100-1177

SB0203 Enrolled LRB100 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.