Bill Text: IL SB0203 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Employee Arbitration Act. Makes a technical change in a Section concerning the service of process or notice.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-01-15 - Public Act . . . . . . . . . 100-1177 [SB0203 Detail]

Download: Illinois-2017-SB0203-Chaptered.html

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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.)