Illinois General Assembly - Full Text of HB0923
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Full Text of HB0923  98th General Assembly


Rep. Jay Hoffman

Filed: 3/19/2013





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2    AMENDMENT NO. ______. Amend House Bill 923 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Payments for Construction Services Reporting Act.
6    Section 5. Definitions. In this Act, unless the context
7clearly requires otherwise:
8    "Construction services" includes, but is not limited to,
9the erection, excavation, installation, alteration, addition,
10modification, repair, improvement, demolition, deconstruction,
11dismantling, or removal of all or any part of a building,
12structure, dock, wharf, surface, or subsurface on or attached
13to any real property.
14    "Construction service provider" means a general contractor
15or specialty contractor that provides construction services.
16    "Entity" includes, but is not limited to, a sole



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1proprietor, partnership, corporation, limited liability
2company, trust, association, financial institution,
3governmental entity other than the federal government, and any
4other individual or group engaged in a trade, occupation,
5enterprise, governmental function, or similar activity in this
7    "Payment" does not include wages paid by the entity to an
9    Section 10. Construction service provider payment reports.
10    (a) An entity that in the course of business makes a
11payment of $600 or more in a taxable year to a construction
12service provider for performing construction services shall
13report the payment to the Department of Labor and the
14construction service provider in a manner prescribed by the
16    (b) The report must be transmitted by the entity to the
17Department and the construction service provider on or before
18January 31 following the taxable year in which the payment was
19made. 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
6any other local, State, or federal government agency.
7    (d) Except as provided in subsection (c), reports filed
8under this Section are confidential and exempt from public
9disclosure other than to public employees in performance of
10their official duties. However, the name of the reporting
11entity and the name and address of the construction service
12provider shall be disclosed upon request by the general public
13under the Freedom of Information Act.
14    (e) If the Department determines that an entity has failed
15to file a report or has filed an incomplete report, the
16Department may assess a monetary penalty of not less than $200
17and not more than $1,000 per report. If the Department
18determines that an entity has knowingly failed to file a report
19or knowingly filed an incomplete, false, or misleading report,
20the 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
22assessed a penalty under this subsection shall not be permitted
23to bid, or have a bid considered, on any public works contract
24until the penalty has been paid in full. Penalties assessed
25under this subsection shall be deposited into the General
26Revenue Fund.



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1    (f) The requirements of this Section do not apply to an
2entity that does not regularly contract for construction
3services, as defined by the Department.
4    (g) The Department may adopt rules to implement and enforce
5this Section.
6    Section 15. Bid restriction. A contractor and its related
7entity shall not be allowed to bid on any public works
8contracts subject to the Prevailing Wage Act for one year from
9the date of the final determination that the contractor
10violated this Act.".