Full Text of HB3237 97th General Assembly
HB3237enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 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 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 | 9 | | and 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 of each calendar month | 21 | | file submit monthly, in person, by mail, or electronically | 22 | | a certified payroll for the immediately preceding month | 23 | | with to the public body in charge of the project. A |
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| 1 | | certified payroll must be filed for only those calendar | 2 | | months during which construction on a public works project | 3 | | has occurred. The certified payroll shall consist of a | 4 | | complete copy of the records identified in paragraph (1) of | 5 | | this subsection (a), but may exclude the starting and | 6 | | ending times of work each day. The certified payroll shall | 7 | | be accompanied by a statement signed by the contractor or | 8 | | subcontractor or an officer, employee, or agent of the | 9 | | contractor or subcontractor which avers that: (i) he or she | 10 | | has examined the certified payroll records required to be | 11 | | submitted by the Act and such records are true and | 12 | | accurate; (ii) the hourly rate paid to each worker is not | 13 | | less than the general prevailing rate of hourly wages | 14 | | required by this Act; and (iii) the contractor or | 15 | | subcontractor is aware that filing a certified payroll that | 16 | | he or she knows to be false is a Class A B misdemeanor. A | 17 | | general contractor is not prohibited from relying on the | 18 | | certification of a lower tier subcontractor, provided the | 19 | | general contractor does not knowingly rely upon a | 20 | | subcontractor's false certification. Any contractor or | 21 | | subcontractor subject to this Act and any officer, | 22 | | employee, or agent of such contractor or subcontractor | 23 | | whose duty as such officer, employee, or agent it is to | 24 | | file such certified payroll who willfully fails to file | 25 | | such submit a certified payroll on or before the date such | 26 | | certified payroll is required by this paragraph to be filed |
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| 1 | | and any person who willfully or knowingly files a false | 2 | | certified payroll that is false as to any material fact is | 3 | | in violation of this Act and guilty of a Class A B | 4 | | misdemeanor. The public body in charge of the project shall | 5 | | keep the records submitted in accordance with this | 6 | | paragraph (2) of subsection (a) for a period of not less | 7 | | than 3 years from the date of the last payment for work on | 8 | | a contract or subcontract for public works . The records | 9 | | submitted in accordance with this paragraph (2) of | 10 | | subsection (a) shall be considered public records, except | 11 | | an employee's address, telephone number, and social | 12 | | security number, and made available in accordance with the | 13 | | Freedom of Information Act. The public body shall accept | 14 | | any reasonable submissions by the contractor that meet the | 15 | | requirements of this Section.
| 16 | | (b) Upon 7 business days' notice, the contractor and each | 17 | | subcontractor shall make available for inspection and copying | 18 | | at a location within this State during reasonable hours, the | 19 | | records identified in paragraph (1) of subsection (a) of this | 20 | | Section to the public body
in charge of the project, its | 21 | | officers and agents, and to the Director of Labor
and his | 22 | | deputies and agents , and to federal, State, or local law | 23 | | enforcement agencies and prosecutors . Upon 7 business days' | 24 | | notice, the contractor and each subcontractor shall make such | 25 | | records available at all reasonable hours at a location within | 26 | | this State. |
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| 1 | | (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05; | 2 | | 94-1023, eff. 7-12-06.)
| 3 | | (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
| 4 | | Sec. 6. Any officer, agent or representative of any public | 5 | | body who
wilfully violates, or willfully fails omits to comply | 6 | | with, any of the provisions of
this Act, and any contractor or | 7 | | subcontractor, and any officer, employee, or agent or
| 8 | | representative thereof, who as such officer, employee, or | 9 | | agent, has a duty to create, keep, maintain, or produce any | 10 | | record or document required by this Act to be created, kept, | 11 | | maintained, or produced who willfully fails to create, keep, | 12 | | maintain, or produce such record or document as or when | 13 | | required by this Act, doing public work as aforesaid, who | 14 | | neglects to
keep, or cause to be kept, an accurate record of | 15 | | the names, occupation
and actual wages paid to each laborer, | 16 | | worker and mechanic employed by
him, in connection with the | 17 | | public work or who refuses to allow access
to same at any | 18 | | reasonable hour to any person authorized to inspect same
under | 19 | | this Act, is guilty of a Class A misdemeanor.
| 20 | | The Department of Labor shall inquire diligently as to any | 21 | | violation
of this Act, shall institute actions for penalties | 22 | | herein prescribed,
and shall enforce generally the provisions | 23 | | of this Act. The Attorney
General shall prosecute such cases | 24 | | upon complaint by the Department or
any interested person.
| 25 | | (Source: P.A. 94-488, eff. 1-1-06.)
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| 1 | | (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
| 2 | | Sec. 11a. The Director of the Department of Labor shall | 3 | | publish in the
Illinois Register no less often than once each | 4 | | calendar quarter a list of
contractors or subcontractors found | 5 | | to have disregarded their obligations
to employees under this | 6 | | Act. The Department of Labor shall determine the
contractors or | 7 | | subcontractors who, on 2 separate occasions within 5 years, | 8 | | have been
determined to have violated the provisions of this | 9 | | Act. Upon such
determination the Department shall notify the | 10 | | violating
contractor or subcontractor. Such contractor or | 11 | | subcontractor shall then
have 10 working days to request a | 12 | | hearing by the Department on the alleged
violations. Failure to | 13 | | respond within the 10 working day period shall
result in | 14 | | automatic and immediate placement and publication on the list.
| 15 | | If the contractor or subcontractor requests a hearing within | 16 | | the 10 working
day period, the Director shall set a hearing on | 17 | | the alleged violations.
Such hearing shall take place no later | 18 | | than 45 calendar days after the
receipt by the Department of | 19 | | Labor of the request for a hearing.
The Department of Labor is | 20 | | empowered to promulgate, adopt, amend and rescind
rules and | 21 | | regulations to govern the hearing procedure. No contract shall
| 22 | | be awarded to a contractor or subcontractor appearing on the | 23 | | list, or to
any firm, corporation, partnership or association | 24 | | in which such contractor
or subcontractor has an interest until | 25 | | 4 years have elapsed from the date
of publication of the list |
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| 1 | | containing the name of such contractor or
subcontractor. | 2 | | A contractor or subcontractor convicted or found guilty | 3 | | under Section 5 or 6 of this Act shall be subject to an | 4 | | automatic and immediate debarment, thereafter prohibited from | 5 | | participating in any public works project for 4 years, with no | 6 | | right to a hearing.
| 7 | | (Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2012.
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