Full Text of HB0923 98th General Assembly
HB0923ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 923
| 2 | | AMENDMENT NO. ______. Amend House Bill 923 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Payments for Construction Services Reporting Act. | 6 | | Section 5. Definitions. In this Act, unless the context | 7 | | clearly requires otherwise: | 8 | | "Construction services" includes, but is not limited to, | 9 | | the erection, excavation, installation, alteration, addition, | 10 | | modification, repair, improvement, demolition, deconstruction, | 11 | | dismantling, or removal of all or any part of a building, | 12 | | structure, dock, wharf, surface, or subsurface on or attached | 13 | | to any real property. | 14 | | "Construction service provider" means a general contractor | 15 | | or specialty contractor that provides construction services. | 16 | | "Entity" includes, but is not limited to, a sole |
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| 1 | | proprietor, partnership, corporation, limited liability | 2 | | company, trust, association, financial institution, | 3 | | governmental entity other than the federal government, and any | 4 | | other individual or group engaged in a trade, occupation, | 5 | | enterprise, governmental function, or similar activity in this | 6 | | State. | 7 | | "Payment" does not include wages paid by the entity to an
| 8 | | employee.
| 9 | | Section 10. Construction service provider payment reports. | 10 | | (a) An entity that in the course of business makes a | 11 | | payment of $600 or more in a taxable year to a construction | 12 | | service provider for performing construction services shall | 13 | | report the payment to the Department of Labor and the | 14 | | construction service provider in a manner prescribed by the | 15 | | Department. | 16 | | (b) The report must be transmitted by the entity to the | 17 | | Department and the construction service provider on or before | 18 | | January 31 following the taxable year in which the payment was | 19 | | made. The report must include: | 20 | | (1) the entity's name, address, and unified business | 21 | | identification number; | 22 | | (2) the construction service provider's name, address, | 23 | | and federal employer identification number; | 24 | | (3) the total amount the entity paid to the | 25 | | construction service
provider in the taxable year, |
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| 1 | | including payments for services and for any materials and | 2 | | equipment that were provided along with services; and | 3 | | (4) any other information that the Department requires | 4 | | by rule. | 5 | | (c) The Department may share the report, upon request, with | 6 | | any other local, State, or federal government agency. | 7 | | (d) Except as provided in subsection (c), reports filed | 8 | | under this Section are confidential and exempt from public | 9 | | disclosure other than to public employees in performance of | 10 | | their official duties. However, the name of the reporting | 11 | | entity and the name and address of the construction service | 12 | | provider shall be disclosed upon request by the general public | 13 | | under the Freedom of Information Act. | 14 | | (e) If the Department determines that an entity has failed | 15 | | to file a report or has filed an incomplete report, the | 16 | | Department may assess a monetary penalty of not less than $200 | 17 | | and not more than $1,000 per report. If the Department | 18 | | determines that an entity has knowingly failed to file a report | 19 | | or knowingly filed an incomplete, false, or misleading report, | 20 | | the Department may assess a monetary penalty of not less than | 21 | | $1,000 and not more than $5,000 per report. An entity that is | 22 | | assessed a penalty under this subsection shall not be permitted | 23 | | to bid, or have a bid considered, on any public works contract | 24 | | until the penalty has been paid in full. Penalties assessed | 25 | | under this subsection shall be deposited into the General | 26 | | Revenue Fund. |
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| 1 | | (f) The requirements of this Section do not apply to an | 2 | | entity that does not regularly contract for construction | 3 | | services, as defined by the Department. | 4 | | (g) The Department may adopt rules to implement and enforce | 5 | | this Section. | 6 | | Section 15. Bid restriction. A contractor and its related | 7 | | entity shall not be allowed to bid on any public works | 8 | | contracts subject to the Prevailing Wage Act for one year from | 9 | | the date of the final determination that the contractor | 10 | | violated this Act.".
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