Full Text of SB0203 100th General Assembly
SB0203ham001 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 11/13/2018
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| 1 | | AMENDMENT TO SENATE BILL 203
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 203 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 5.1 and by adding Sections 3.1 and 3.2 as | 6 | | follows: | 7 | | (820 ILCS 130/3.1 new) | 8 | | Sec. 3.1. Employment of local laborers; report. The | 9 | | Department of Labor shall report annually, no later than | 10 | | February 1, to the General Assembly and the Governor the number | 11 | | of people employed on public works in the State during the | 12 | | preceding calendar year. This report shall include the total | 13 | | number of people employed and the total number of hours worked | 14 | | on public works both statewide and by county. Additionally, the | 15 | | report shall include the total number of people employed and | 16 | | the hours worked on public works by the 5-digit zip code, as |
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| 1 | | collected on certified payroll, of the individual's residence | 2 | | during employment on public works. The report to the General | 3 | | Assembly shall be filed with the Clerk of the House of | 4 | | Representatives and the Secretary of the Senate in electronic | 5 | | form only, in the manner that the clerk and Secretary shall | 6 | | direct. | 7 | | (820 ILCS 130/3.2 new) | 8 | | Sec. 3.2. Employment of females and minorities on public | 9 | | works. | 10 | | (a) The Department of Labor shall study and report on the | 11 | | participation of females and minorities on public works in | 12 | | Illinois. The Department of Labor shall use certified payrolls | 13 | | collected under Section 5.1 to obtain this information. The | 14 | | Department of Labor shall use the same categories for gender, | 15 | | race, and ethnicity as the U.S. Census Bureau for data | 16 | | collected under Section 5. | 17 | | (b) No later than December 31, 2020, the Department of | 18 | | Labor shall create recommendations to increase female and | 19 | | minority participation on public works projects by county. The | 20 | | Department of Labor shall use its own study, data from the U.S. | 21 | | Department of
Labor's goals for Davis-Bacon Act covered | 22 | | projects, and any available data from the State or federal | 23 | | governments.
| 24 | | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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| 1 | | Sec. 5. Certified payroll.
| 2 | | (a) Any contractor and each subcontractor who participates | 3 | | in public works shall: | 4 | | (1) make and keep, for a period of not less
than 3 | 5 | | years from the date of the last payment made before January | 6 | | 1, 2014 (the effective date of Public Act 98-328) and for a | 7 | | period of 5 years from the date of the last payment made on | 8 | | or after January 1, 2014 (the effective date of Public Act | 9 | | 98-328) on a contract or subcontract for public works, | 10 | | records of all laborers, mechanics, and other workers | 11 | | employed by them on the project; the records shall include | 12 | | (i) the worker's name, (ii) the worker's address, (iii) the | 13 | | worker's telephone number
when available, (iv) the last 4 | 14 | | digits of the worker's social security number, (v) the | 15 | | worker's gender, (vi) the worker's race, (vii) the
worker's | 16 | | ethnicity, (viii) veteran status, (ix) the worker's | 17 | | classification or classifications, (x) (vi) the worker's | 18 | | gross and net wages paid in each pay period, (xi) (vii) the | 19 | | worker's number of hours worked each day, (xii) (viii) the | 20 | | worker's starting and ending times of work each day, (xiii) | 21 | | (ix) the worker's hourly wage rate, (xiv) (x) the worker's | 22 | | hourly overtime wage rate, (xv) (xi) the worker's hourly | 23 | | fringe benefit rates, (xvi) (xii) the name and address of | 24 | | each fringe benefit fund, (xvii) (xiii) the plan sponsor of | 25 | | each fringe benefit, if applicable, and (xviii) (xiv) the | 26 | | plan administrator of each fringe benefit, if applicable; |
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| 1 | | and | 2 | | (2) no later than the 15th day of each calendar month | 3 | | file a certified payroll for the immediately preceding | 4 | | month with the public body in charge of the project until | 5 | | the Department of Labor activates the database created | 6 | | under Section 5.1 at which time certified payroll shall | 7 | | only be submitted to that database, except for projects | 8 | | done by State agencies that opt to have contractors submit | 9 | | certified payrolls directly to that State agency. A State | 10 | | agency that opts to directly receive certified payrolls | 11 | | must submit the required information in a specified | 12 | | electronic format to the Department of Labor no later than | 13 | | 10 days after the certified payroll was filed with the | 14 | | State agency . A certified payroll must be filed for only | 15 | | those calendar months during which construction on a public | 16 | | works project has occurred. The certified payroll shall | 17 | | consist of a complete copy of the records identified in | 18 | | paragraph (1) of this subsection (a), but may exclude the | 19 | | starting and ending times of work each day. The certified | 20 | | payroll shall be accompanied by a statement signed by the | 21 | | contractor or subcontractor or an officer, employee, or | 22 | | agent of the contractor or subcontractor which avers that: | 23 | | (i) he or she has examined the certified payroll records | 24 | | required to be submitted by the Act and such records are | 25 | | true and accurate; (ii) the hourly rate paid to each worker | 26 | | is not less than the general prevailing rate of hourly |
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| 1 | | wages required by this Act; and (iii) the contractor or | 2 | | subcontractor is aware that filing a certified payroll that | 3 | | he or she knows to be false is a Class A misdemeanor. A | 4 | | general contractor is not prohibited from relying on the | 5 | | certification of a lower tier subcontractor, provided the | 6 | | general contractor does not knowingly rely upon a | 7 | | subcontractor's false certification. Any contractor or | 8 | | subcontractor subject to this Act and any officer, | 9 | | employee, or agent of such contractor or subcontractor | 10 | | whose duty as such officer, employee, or agent it is to | 11 | | file such certified payroll who willfully fails to file | 12 | | such a certified payroll on or before the date such | 13 | | certified payroll is required by this paragraph to be filed | 14 | | and any person who willfully files a false certified | 15 | | payroll that is false as to any material fact is in | 16 | | violation of this Act and guilty of a Class A misdemeanor. | 17 | | The public body in charge of the project shall keep the | 18 | | records submitted in accordance with this paragraph (2) of | 19 | | subsection (a) before January 1, 2014 (the effective date | 20 | | of Public Act 98-328) for a period of not less than 3 | 21 | | years, and the records submitted in accordance with this | 22 | | paragraph (2) of subsection (a) on or after January 1, 2014 | 23 | | (the effective date of Public Act 98-328) for a period of 5 | 24 | | years, from the date of the last payment for work on a | 25 | | contract or subcontract for public works or until the | 26 | | Department of Labor activates the database created under |
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| 1 | | Section 5.1, whichever is less. After the activation of the | 2 | | database created under Section 5.1, the Department of Labor | 3 | | rather than the public body in charge of the project shall | 4 | | keep the records and maintain the database . The records | 5 | | submitted in accordance with this paragraph (2) of | 6 | | subsection (a) shall be considered public records, except | 7 | | an employee's address, telephone number, and social | 8 | | security number, race, ethnicity, and gender, and made | 9 | | available in accordance with the Freedom of Information | 10 | | Act. The public body shall accept any reasonable | 11 | | submissions by the contractor that meet the requirements of | 12 | | this Section.
| 13 | | A contractor, subcontractor, or public body may retain | 14 | | records required under this Section in paper or electronic | 15 | | format. | 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, the Director of Labor
and his deputies and | 22 | | agents, and to federal, State, or local law enforcement | 23 | | agencies and prosecutors. | 24 | | (c) A contractor or subcontractor who remits contributions | 25 | | to fringe benefit funds that are 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 shall make and keep certified payroll records | 3 | | that include the information required under items (i) through | 4 | | (viii) of paragraph (1) of subsection (a) only. However, the | 5 | | information required under items (ix) through (xiv) of | 6 | | paragraph (1) of subsection (a) shall be required for any | 7 | | contractor or subcontractor who remits contributions to a | 8 | | fringe benefit fund that is not jointly maintained and jointly | 9 | | governed by one or more employers and one or more labor | 10 | | organizations in accordance with the federal Labor Management | 11 | | Relations Act. | 12 | | (Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482, | 13 | | eff. 1-1-14; 98-756, eff. 7-16-14.)
| 14 | | (820 ILCS 130/5.1) | 15 | | Sec. 5.1. Electronic database. The Subject to | 16 | | appropriation, the Department shall develop and maintain an | 17 | | electronic database capable of accepting and retaining | 18 | | certified payrolls submitted under this Act no later than April | 19 | | 1, 2019 . The database shall accept certified payroll forms | 20 | | provided by the Department that are fillable and designed to | 21 | | accept electronic signatures.
| 22 | | (Source: P.A. 98-482, eff. 1-1-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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