97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3237

 

Introduced 2/24/2011, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/5  from Ch. 48, par. 39s-5
820 ILCS 130/6  from Ch. 48, par. 39s-6
820 ILCS 130/11a  from Ch. 48, par. 39s-11a

    Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make available for inspection and copying records, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the Act shall be subject to an automatic and immediate debarment, thereafter prohibited from participating in any public works project for 4 years, with no right to a hearing. Effective January 1, 2012.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevailing Wage Act is amended by changing
5Sections 5, 6, and 11a as follows:
 
6    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
7    Sec. 5. Certified payroll.
8    (a) Any While participating on public works, the contractor
9and each subcontractor who participates in public works shall:
10        (1) make and keep, for a period of not less than 3
11    years from the date of the last payment on a contract or
12    subcontract for public works, records of all laborers,
13    mechanics, and other workers employed by them on the
14    project; the records shall include each worker's name,
15    address, telephone number when available, social security
16    number, classification or classifications, the hourly
17    wages paid in each pay period, the number of hours worked
18    each day, and the starting and ending times of work each
19    day; and
20        (2) no later than the tenth day after the end of each
21    calendar month file submit monthly, in person, by mail, or
22    electronically a certified payroll for the immediately
23    preceding month with to the public body in charge of the

 

 

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1    project. The certified payroll shall consist of a complete
2    copy of the records identified in paragraph (1) of this
3    subsection (a), but may exclude the starting and ending
4    times of work each day. The certified payroll shall be
5    accompanied by a statement signed by the contractor or
6    subcontractor or an officer, employee, or agent of the
7    contractor or subcontractor which avers that: (i) he or she
8    has examined the certified payroll records required to be
9    submitted by the Act and such records are true and
10    accurate; (ii) the hourly rate paid to each worker is not
11    less than the general prevailing rate of hourly wages
12    required by this Act; and (iii) the contractor or
13    subcontractor is aware that filing a certified payroll that
14    he or she knows to be false is a Class 4 felony B
15    misdemeanor. A general contractor is not prohibited from
16    relying on the certification of a lower tier subcontractor,
17    provided the general contractor does not knowingly rely
18    upon a subcontractor's false certification. Any contractor
19    or subcontractor subject to this Act and any officer,
20    employee, or agent of such contractor or subcontractor
21    whose duty as such officer, employee, or agent it is to
22    file such certified payroll who willfully fails to file
23    such submit a certified payroll on or before the date such
24    certified payroll is required by this paragraph to be filed
25    and any person who willfully or knowingly files a false
26    certified payroll that is false as to any material fact is

 

 

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1    in violation of this Act and guilty of a Class 4 felony B
2    misdemeanor. The public body in charge of the project shall
3    keep the records submitted in accordance with this
4    paragraph (2) of subsection (a) for a period of not less
5    than 3 years from the date of the last payment for work on
6    a contract or subcontract for public works. The records
7    submitted in accordance with this paragraph (2) of
8    subsection (a) shall be considered public records, except
9    an employee's address, telephone number, and social
10    security number, and made available in accordance with the
11    Freedom of Information Act. The public body shall accept
12    any reasonable submissions by the contractor that meet the
13    requirements of this Section.
14    (b) Upon 3 7 business days' notice, the contractor and each
15subcontractor shall make available for inspection and copying
16at a location within this State during reasonable hours, the
17records identified in paragraph (1) of subsection (a) of this
18Section to the public body in charge of the project, its
19officers and agents, and to the Director of Labor and his
20deputies and agents, and to federal, State, or local law
21enforcement agencies and prosecutors. Upon 7 business days'
22notice, the contractor and each subcontractor shall make such
23records available at all reasonable hours at a location within
24this State.
25(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05;
2694-1023, eff. 7-12-06.)
 

 

 

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1    (820 ILCS 130/6)  (from Ch. 48, par. 39s-6)
2    Sec. 6. Any officer, agent or representative of any public
3body who wilfully violates, or willfully fails omits to comply
4with, any of the provisions of this Act, and any contractor or
5subcontractor, and any officer, employee, or agent or
6representative thereof, who as such officer, employee, or
7agent, has a duty to create, keep, maintain, or produce any
8record or document required by this Act to be created, kept,
9maintained, or produced who willfully fails to create, keep,
10maintain, or produce such record or document as or when
11required by this Act, doing public work as aforesaid, who
12neglects to keep, or cause to be kept, an accurate record of
13the names, occupation and actual wages paid to each laborer,
14worker and mechanic employed by him, in connection with the
15public work or who refuses to allow access to same at any
16reasonable hour to any person authorized to inspect same under
17this Act, is guilty of a Class 4 felony A misdemeanor.
18    The Department of Labor shall inquire diligently as to any
19violation of this Act, shall institute actions for penalties
20herein prescribed, and shall enforce generally the provisions
21of this Act. The Attorney General shall prosecute such cases
22upon complaint by the Department or any interested person.
23(Source: P.A. 94-488, eff. 1-1-06.)
 
24    (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)

 

 

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1    Sec. 11a. The Director of the Department of Labor shall
2publish in the Illinois Register no less often than once each
3calendar quarter a list of contractors or subcontractors found
4to have disregarded their obligations to employees under this
5Act. The Department of Labor shall determine the contractors or
6subcontractors who, on 2 separate occasions within 5 years,
7have been determined to have violated the provisions of this
8Act. Upon such determination the Department shall notify the
9violating contractor or subcontractor. Such contractor or
10subcontractor shall then have 10 working days to request a
11hearing by the Department on the alleged violations. Failure to
12respond within the 10 working day period shall result in
13automatic and immediate placement and publication on the list.
14If the contractor or subcontractor requests a hearing within
15the 10 working day period, the Director shall set a hearing on
16the alleged violations. Such hearing shall take place no later
17than 45 calendar days after the receipt by the Department of
18Labor of the request for a hearing. The Department of Labor is
19empowered to promulgate, adopt, amend and rescind rules and
20regulations to govern the hearing procedure. No contract shall
21be awarded to a contractor or subcontractor appearing on the
22list, or to any firm, corporation, partnership or association
23in which such contractor or subcontractor has an interest until
244 years have elapsed from the date of publication of the list
25containing the name of such contractor or subcontractor.
26    A contractor or subcontractor convicted under Section 5 or

 

 

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16 of this Act shall be subject to an automatic and immediate
2debarment, thereafter prohibited from participating in any
3public works project for 4 years, with no right to a hearing.
4(Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2012.