Illinois General Assembly - Full Text of Public Act 097-0571
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Public Act 097-0571





Public Act 097-0571
HB3237 EnrolledLRB097 10925 AEK 51483 b

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

Effective Date: 1/1/2012