HB0922 EnrolledLRB098 03767 WGH 33783 b

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 and 11 as follows:
 
6    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
7    Sec. 5. Certified payroll.
8    (a) Any contractor and each subcontractor who participates
9in 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 made before the
12    effective date of this amendatory Act of the 98th General
13    Assembly and for a period of 5 years from the date of the
14    last payment made on or after the effective date of this
15    amendatory Act of the 98th General Assembly on a contract
16    or subcontract for public works, records of all laborers,
17    mechanics, and other workers employed by them on the
18    project; the records shall include each worker's name,
19    address, telephone number when available, social security
20    number, classification or classifications, the hourly
21    wages paid in each pay period, the number of hours worked
22    each day, and the starting and ending times of work each
23    day; and

 

 

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1        (2) no later than the tenth day of each calendar month
2    file a certified payroll for the immediately preceding
3    month with the public body in charge of the project. A
4    certified payroll must be filed for only those calendar
5    months during which construction on a public works project
6    has occurred. The certified payroll shall consist of a
7    complete copy of the records identified in paragraph (1) of
8    this subsection (a), but may exclude the starting and
9    ending times of work each day. The certified payroll shall
10    be accompanied by a statement signed by the contractor or
11    subcontractor or an officer, employee, or agent of the
12    contractor or subcontractor which avers that: (i) he or she
13    has examined the certified payroll records required to be
14    submitted by the Act and such records are true and
15    accurate; (ii) the hourly rate paid to each worker is not
16    less than the general prevailing rate of hourly wages
17    required by this Act; and (iii) the contractor or
18    subcontractor is aware that filing a certified payroll that
19    he or she knows to be false is a Class A misdemeanor. A
20    general contractor is not prohibited from relying on the
21    certification of a lower tier subcontractor, provided the
22    general contractor does not knowingly rely upon a
23    subcontractor's false certification. Any contractor or
24    subcontractor subject to this Act and any officer,
25    employee, or agent of such contractor or subcontractor
26    whose duty as such officer, employee, or agent it is to

 

 

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1    file such certified payroll who willfully fails to file
2    such a certified payroll on or before the date such
3    certified payroll is required by this paragraph to be filed
4    and any person who willfully files a false certified
5    payroll that is false as to any material fact is in
6    violation of this Act and guilty of a Class A misdemeanor.
7    The public body in charge of the project shall keep the
8    records submitted in accordance with this paragraph (2) of
9    subsection (a) before the effective date of this amendatory
10    Act of the 98th General Assembly for a period of not less
11    than 3 years, and the records submitted in accordance with
12    this paragraph (2) of subsection (a) on or after the
13    effective date of this amendatory Act of the 98th General
14    Assembly for a period of 5 years, from the date of the last
15    payment for work on a contract or subcontract for public
16    works. The records submitted in accordance with this
17    paragraph (2) of subsection (a) shall be considered public
18    records, except an employee's address, telephone number,
19    and social security number, and made available in
20    accordance with the Freedom of Information Act. The public
21    body shall accept any reasonable submissions by the
22    contractor that meet the requirements of this Section.
23    A contractor, subcontractor, or public body may retain
24records required under this Section in paper or electronic
25format.
26    (b) Upon 7 business days' notice, the contractor and each

 

 

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1subcontractor shall make available for inspection and copying
2at a location within this State during reasonable hours, the
3records identified in paragraph (1) of subsection (a) of this
4Section to the public body in charge of the project, its
5officers and agents, the Director of Labor and his deputies and
6agents, and to federal, State, or local law enforcement
7agencies and prosecutors.
8(Source: P.A. 97-571, eff. 1-1-12.)
 
9    (820 ILCS 130/11)  (from Ch. 48, par. 39s-11)
10    Sec. 11. No public works project shall be instituted unless
11the provisions of this Act have been complied with. The
12provisions of this Act shall not be applicable to Federal
13construction projects which require a prevailing wage
14determination by the United States Secretary of Labor. The
15Illinois Department of Labor represented by the Attorney
16General is empowered to sue for injunctive relief against the
17awarding of any contract or the continuation of work under any
18contract for public works at a time when the prevailing wage
19prerequisites have not been met. Any contract for public works
20awarded at a time when the prevailing wage prerequisites had
21not been met shall be void as against public policy and the
22contractor is prohibited from recovering any damages for the
23voiding of the contract or pursuant to the terms of the
24contract. The contractor is limited to a claim for amounts
25actually paid for labor and materials supplied to the public

 

 

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1body. Where objections to a determination of the prevailing
2rate of wages or a court action relative thereto is pending,
3the public body shall not continue work on the project unless
4sufficient funds are available to pay increased wages if such
5are finally determined or unless the Department of Labor
6certifies such determination of the prevailing rate of wages as
7correct.
8    Any laborer, worker or mechanic employed by the contractor
9or by any sub-contractor under him who is paid for his services
10in a sum less than the stipulated rates for work done under
11such contract, shall have a right of action for whatever
12difference there may be between the amount so paid, and the
13rates provided by the contract together with costs and such
14reasonable attorney's fees as shall be allowed by the court.
15Such contractor or subcontractor shall also be liable to the
16Department of Labor for 20% of such underpayments and shall be
17additionally liable to the laborer, worker or mechanic for
18punitive damages in the amount of 2% of the amount of any such
19penalty to the State for underpayments for each month following
20the date of payment during which such underpayments remain
21unpaid. Where a second or subsequent action to recover
22underpayments is brought against a contractor or subcontractor
23and the contractor or subcontractor is found liable for
24underpayments to any laborer, worker, or mechanic, the
25contractor or subcontractor shall also be liable to the
26Department of Labor for 50% of the underpayments payable as a

 

 

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1result of the second or subsequent action, and shall be
2additionally liable for 5% of the amount of any such penalty to
3the State for underpayments for each month following the date
4of payment during which the underpayments remain unpaid. The
5Department shall also have a right of action on behalf of any
6individual who has a right of action under this Section. An
7action brought to recover same shall be deemed to be a suit for
8wages, and any and all judgments entered therein shall have the
9same force and effect as other judgments for wages. The action
10shall be brought within 5 years from the date of the failure to
11pay the wages or compensation. At the request of any laborer,
12workman or mechanic employed by the contractor or by any
13subcontractor under him who is paid less than the prevailing
14wage rate required by this Act, the Department of Labor may
15take an assignment of such wage claim in trust for the
16assigning laborer, workman or mechanic and may bring any legal
17action necessary to collect such claim, and the contractor or
18subcontractor shall be required to pay the costs incurred in
19collecting such claim.
20(Source: P.A. 94-488, eff. 1-1-06.)