Full Text of HB0922 98th General Assembly
HB0922ham001 98TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/8/2013
| | 09800HB0922ham001 | | LRB098 03767 JLS 41469 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 922
| 2 | | AMENDMENT NO. ______. Amend House Bill 922 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Sections 5 and 11a 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 | 9 | | in public works shall: | 10 | | (1) make and keep, for a period of not less
than 10 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 |
| | | 09800HB0922ham001 | - 2 - | LRB098 03767 JLS 41469 a |
|
| 1 | | wages paid in each pay period, the number of hours worked | 2 | | each day, and the starting and ending times of work each | 3 | | day; and | 4 | | (2) no later than the tenth day of each calendar month | 5 | | file a certified payroll for the immediately preceding | 6 | | month with the public body in charge of the project. A | 7 | | certified payroll must be filed for only those calendar | 8 | | months during which construction on a public works project | 9 | | has occurred. The certified payroll shall consist of a | 10 | | complete copy of the records identified in paragraph (1) of | 11 | | this subsection (a), but may exclude the starting and | 12 | | ending times of work each day. The certified payroll shall | 13 | | be accompanied by a statement signed by the contractor or | 14 | | subcontractor or an officer, employee, or agent of the | 15 | | contractor or subcontractor which avers that: (i) he or she | 16 | | has examined the certified payroll records required to be | 17 | | submitted by the Act and such records are true and | 18 | | accurate; (ii) the hourly rate paid to each worker is not | 19 | | less than the general prevailing rate of hourly wages | 20 | | required by this Act; and (iii) the contractor or | 21 | | subcontractor is aware that filing a certified payroll that | 22 | | he or she knows to be false is a Class A misdemeanor. A | 23 | | general contractor is not prohibited from relying on the | 24 | | certification of a lower tier subcontractor, provided the | 25 | | general contractor does not knowingly rely upon a | 26 | | subcontractor's false certification. Any contractor or |
| | | 09800HB0922ham001 | - 3 - | LRB098 03767 JLS 41469 a |
|
| 1 | | subcontractor subject to this Act and any officer, | 2 | | employee, or agent of such contractor or subcontractor | 3 | | whose duty as such officer, employee, or agent it is to | 4 | | file such certified payroll who willfully fails to file | 5 | | such a certified payroll on or before the date such | 6 | | certified payroll is required by this paragraph to be filed | 7 | | and any person who willfully files a false certified | 8 | | payroll that is false as to any material fact is in | 9 | | violation of this Act and guilty of a Class A misdemeanor. | 10 | | The public body in charge of the project shall keep the | 11 | | records submitted in accordance with this paragraph (2) of | 12 | | subsection (a) for a period of not less than 10 3 years | 13 | | from the date of the last payment for work on a contract or | 14 | | subcontract for public works. The records submitted in | 15 | | accordance with this paragraph (2) of subsection (a) shall | 16 | | be considered public records, except an employee's | 17 | | address, telephone number, and social security number, and | 18 | | made available in accordance with the Freedom of | 19 | | Information Act. The public body shall accept any | 20 | | reasonable submissions by the contractor that meet the | 21 | | requirements of this Section.
| 22 | | (b) Upon 7 business days' notice, the contractor and each | 23 | | subcontractor shall make available for inspection and copying | 24 | | at a location within this State during reasonable hours, the | 25 | | records identified in paragraph (1) of subsection (a) of this | 26 | | Section to the public body
in charge of the project, its |
| | | 09800HB0922ham001 | - 4 - | LRB098 03767 JLS 41469 a |
|
| 1 | | officers and agents, the Director of Labor
and his deputies and | 2 | | agents, and to federal, State, or local law enforcement | 3 | | agencies and prosecutors. | 4 | | (Source: P.A. 97-571, eff. 1-1-12.)
| 5 | | (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
| 6 | | Sec. 11a. The Director of the Department of Labor shall | 7 | | publish in the
Illinois Register no less often than once each | 8 | | calendar quarter a list of
contractors or subcontractors found | 9 | | to have disregarded their obligations
to employees under this | 10 | | Act. The Department of Labor shall determine the
contractors or | 11 | | subcontractors who, on 2 separate occasions within 10 5 years, | 12 | | have been
determined to have violated the provisions of this | 13 | | Act. Upon such
determination the Department shall notify the | 14 | | violating
contractor or subcontractor. Such contractor or | 15 | | subcontractor shall then
have 10 working days to request a | 16 | | hearing by the Department on the alleged
violations. Failure to | 17 | | respond within the 10 working day period shall
result in | 18 | | automatic and immediate placement and publication on the list.
| 19 | | If the contractor or subcontractor requests a hearing within | 20 | | the 10 working
day period, the Director shall set a hearing on | 21 | | the alleged violations.
Such hearing shall take place no later | 22 | | than 45 calendar days after the
receipt by the Department of | 23 | | Labor of the request for a hearing.
The Department of Labor is | 24 | | empowered to promulgate, adopt, amend and rescind
rules and | 25 | | regulations to govern the hearing procedure. No contract shall
|
| | | 09800HB0922ham001 | - 5 - | LRB098 03767 JLS 41469 a |
|
| 1 | | be awarded to a contractor or subcontractor appearing on the | 2 | | list, or to
any firm, corporation, partnership or association | 3 | | in which such contractor
or subcontractor has an interest until | 4 | | 4 years have elapsed from the date
of publication of the list | 5 | | containing the name of such contractor or
subcontractor. | 6 | | A contractor or subcontractor convicted or found guilty | 7 | | under Section 5 or 6 of this Act shall be subject to an | 8 | | automatic and immediate debarment, thereafter prohibited from | 9 | | participating in any public works project for 4 years, with no | 10 | | right to a hearing.
| 11 | | (Source: P.A. 97-571, eff. 1-1-12.)".
|
|