Full Text of HB3223 98th General Assembly
HB3223enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wages.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevailing Wage Act is amended by changing | 5 | | Sections 2 and 5 and by adding Section 5.1 as follows:
| 6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 7 | | Sec. 2. This Act applies to the wages of laborers, | 8 | | mechanics and
other workers employed in any public works, as | 9 | | hereinafter defined, by
any public body and to anyone under | 10 | | contracts for public works. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | As used in this Act, unless the context indicates | 14 | | otherwise:
| 15 | | "Public works" means all fixed works constructed or | 16 | | demolished by
any public body,
or paid for wholly or in part | 17 | | out of public funds. "Public works" as
defined herein includes | 18 | | all projects financed in whole
or in part with bonds, grants, | 19 | | loans, or other funds made available by or through the State or | 20 | | any of its political subdivisions, including but not limited | 21 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 22 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 23 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 2 | | the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; or funds from the | 4 | | Fund for
Illinois' Future under Section 6z-47 of the State | 5 | | Finance Act, funds for school
construction under Section 5 of | 6 | | the General Obligation Bond Act, funds
authorized under Section | 7 | | 3 of the School Construction Bond Act, funds for
school | 8 | | infrastructure under Section 6z-45 of the State Finance Act, | 9 | | and funds
for transportation purposes under Section 4 of the | 10 | | General Obligation Bond
Act. "Public works" also includes (i) | 11 | | all projects financed in whole or in part
with funds from the | 12 | | Department of Commerce and Economic Opportunity under the | 13 | | Illinois Renewable Fuels Development Program
Act for which | 14 | | there is no project labor agreement; (ii) all work performed | 15 | | pursuant to a public private agreement under the Public Private | 16 | | Agreements for the Illiana Expressway Act; and (iii) all | 17 | | projects undertaken under a public-private agreement under the | 18 | | Public-Private Partnerships for Transportation Act. "Public | 19 | | works" also includes all projects at leased facility property | 20 | | used for airport purposes under Section 35 of the Local | 21 | | Government Facility Lease Act. "Public works" also includes the | 22 | | construction of a new wind power facility by a business | 23 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 24 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 25 | | include work done directly by any public utility company, | 26 | | whether or not done under public supervision or direction, or |
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| 1 | | paid for wholly or in part out of public funds. "Public works" | 2 | | does not include projects undertaken by the owner at an | 3 | | owner-occupied single-family residence or at an owner-occupied | 4 | | unit of a multi-family residence.
| 5 | | "Construction" means all work on public works involving | 6 | | laborers,
workers or mechanics. This includes any maintenance, | 7 | | repair, assembly, or disassembly work performed on equipment | 8 | | whether owned, leased, or rented.
| 9 | | "Locality" means the county where the physical work upon | 10 | | public works
is performed, except (1) that if there is not | 11 | | available in the county a
sufficient number of competent | 12 | | skilled laborers, workers and mechanics
to construct the public | 13 | | works efficiently and properly, "locality"
includes any other | 14 | | county nearest the one in which the work or
construction is to | 15 | | be performed and from which such persons may be
obtained in | 16 | | sufficient numbers to perform the work and (2) that, with
| 17 | | respect to contracts for highway work with the Department of
| 18 | | Transportation of this State, "locality" may at the discretion | 19 | | of the
Secretary of the Department of Transportation be | 20 | | construed to include
two or more adjacent counties from which | 21 | | workers may be accessible for
work on such construction.
| 22 | | "Public body" means the State or any officer, board or | 23 | | commission of
the State or any political subdivision or | 24 | | department thereof, or any
institution supported in whole or in | 25 | | part by public funds,
and includes every county, city, town,
| 26 | | village, township, school district, irrigation, utility, |
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| 1 | | reclamation
improvement or other district and every other | 2 | | political subdivision,
district or municipality of the state | 3 | | whether such political
subdivision, municipality or district | 4 | | operates under a special charter
or not.
| 5 | | The terms "general prevailing rate of hourly wages", | 6 | | "general
prevailing rate of wages" or "prevailing rate of | 7 | | wages" when used in
this Act mean the hourly cash wages plus | 8 | | annualized fringe benefits for training and
apprenticeship | 9 | | programs approved by the U.S. Department of Labor, Bureau of
| 10 | | Apprenticeship and Training, health and welfare, insurance, | 11 | | vacations and
pensions paid generally, in the
locality in which | 12 | | the work is being performed, to employees engaged in
work of a | 13 | | similar character on public works.
| 14 | | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, | 15 | | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, | 16 | | eff. 8-23-11.)
| 17 | | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| 18 | | Sec. 5. Certified payroll.
| 19 | | (a) Any contractor and each subcontractor who participates | 20 | | in public works shall: | 21 | | (1) make and keep, for a period of not less
than 3 | 22 | | years from the date of the last payment on a contract or | 23 | | subcontract for public works, records of all laborers, | 24 | | mechanics, and other workers employed by them on the | 25 | | project; the records shall include (i) the each worker's |
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| 1 | | name, (ii) the worker's address, (iii) the worker's | 2 | | telephone number
when available, (iv) the worker's social | 3 | | security number, (v) the worker's classification or | 4 | | classifications, (vi) the worker's gross and net the hourly | 5 | | wages paid in each pay period, (vii) the worker's number of | 6 | | hours worked each day, (viii) the worker's starting and | 7 | | ending times of work each day, (ix) the worker's hourly | 8 | | wage rate, (x) the worker's hourly overtime wage rate, (xi) | 9 | | the worker's hourly fringe benefit rates, (xii) the name | 10 | | and address of each fringe benefit fund, (xiii) the plan | 11 | | sponsor of each fringe benefit, if applicable, and (xiv) | 12 | | the plan administrator of each fringe benefit, if | 13 | | applicable and the starting and ending times of work each | 14 | | day ; and | 15 | | (2) no later than the 15th tenth day of each calendar | 16 | | month file a certified payroll for the immediately | 17 | | preceding month with the public body in charge of the | 18 | | project. A certified payroll must be filed for only those | 19 | | calendar months during which construction on a public works | 20 | | project has occurred. The certified payroll shall consist | 21 | | of a complete copy of the records identified in paragraph | 22 | | (1) of this subsection (a), but may exclude the starting | 23 | | and ending times of work each day. The certified payroll | 24 | | shall be accompanied by a statement signed by the | 25 | | contractor or subcontractor or an officer, employee, or | 26 | | agent of the contractor or subcontractor which avers that: |
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| 1 | | (i) he or she has examined the certified payroll records | 2 | | required to be submitted by the Act and such records are | 3 | | true and accurate; (ii) the hourly rate paid to each worker | 4 | | is not less than the general prevailing rate of hourly | 5 | | wages required by this Act; and (iii) the contractor or | 6 | | subcontractor is aware that filing a certified payroll that | 7 | | he or she knows to be false is a Class A misdemeanor. A | 8 | | general contractor is not prohibited from relying on the | 9 | | certification of a lower tier subcontractor, provided the | 10 | | general contractor does not knowingly rely upon a | 11 | | subcontractor's false certification. Any contractor or | 12 | | subcontractor subject to this Act and any officer, | 13 | | employee, or agent of such contractor or subcontractor | 14 | | whose duty as such officer, employee, or agent it is to | 15 | | file such certified payroll who willfully fails to file | 16 | | such a certified payroll on or before the date such | 17 | | certified payroll is required by this paragraph to be filed | 18 | | and any person who willfully files a false certified | 19 | | payroll that is false as to any material fact is in | 20 | | violation of this Act and guilty of a Class A misdemeanor. | 21 | | The public body in charge of the project shall keep the | 22 | | records submitted in accordance with this paragraph (2) of | 23 | | subsection (a) for a period of not less than 3 years from | 24 | | the date of the last payment for work on a contract or | 25 | | subcontract for public works. The records submitted in | 26 | | accordance with this paragraph (2) of subsection (a) shall |
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| 1 | | be considered public records, except an employee's | 2 | | address, telephone number, and social security number, and | 3 | | made available in accordance with the Freedom of | 4 | | Information Act. The public body shall accept any | 5 | | reasonable submissions by the contractor that meet the | 6 | | requirements of this Section.
| 7 | | (b) Upon 7 business days' notice, the contractor and each | 8 | | subcontractor shall make available for inspection and copying | 9 | | at a location within this State during reasonable hours, the | 10 | | records identified in paragraph (1) of subsection (a) of this | 11 | | Section to the public body
in charge of the project, its | 12 | | officers and agents, the Director of Labor
and his deputies and | 13 | | agents, and to federal, State, or local law enforcement | 14 | | agencies and prosecutors. | 15 | | (c) A contractor or subcontractor who remits contributions | 16 | | to fringe benefit funds that are jointly maintained and jointly | 17 | | governed by one or more employers and one or more labor | 18 | | organizations in accordance with the federal Labor Management | 19 | | Relations Act shall make and keep certified payroll records | 20 | | that include the information required under items (i) through | 21 | | (viii) of paragraph (1) of subsection (a) only. However, the | 22 | | information required under items (ix) through (xiv) of | 23 | | paragraph (1) of subsection (a) shall be required for any | 24 | | contractor or subcontractor who remits contributions to a | 25 | | fringe benefit fund that is not jointly maintained and jointly | 26 | | governed by one or more employers and one or more labor |
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| 1 | | organizations in accordance with the federal Labor Management | 2 | | Relations Act. | 3 | | (Source: P.A. 97-571, eff. 1-1-12.)
| 4 | | (820 ILCS 130/5.1 new) | 5 | | Sec. 5.1. Electronic database. Subject to appropriation, | 6 | | the Department shall develop and maintain an electronic | 7 | | database capable of accepting and retaining certified payrolls | 8 | | submitted under this Act. The database shall accept certified | 9 | | payroll forms provided by the Department that are fillable and | 10 | | designed to accept electronic signatures.
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