Bill Text: IL HB0922 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning violations of the Act.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0328 [HB0922 Detail]

Download: Illinois-2013-HB0922-Amended.html

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Rep. Frances Ann Hurley

Filed: 4/12/2013

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AMENDMENT TO HOUSE BILL 922
AMENDMENT NO. ______. Amend House Bill 922 by replacing
everything after the enacting clause with the following:
"Section 5. The Prevailing Wage Act is amended by changing
Sections 5, 11, and 11a as follows:
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
Sec. 5. Certified payroll.
(a) Any 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 made before the
effective date of this amendatory Act of the 98th General
Assembly and for a period of 10 years from the date of the
last payment made on or after the effective date of this
amendatory Act of the 98th General Assembly on a contract
or subcontract for public works, records of all laborers,

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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 a certified payroll for the immediately preceding
month with 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 misdemeanor. A

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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 a certified payroll on or before the date such
certified payroll is required by this paragraph to be filed
and any person who willfully 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 misdemeanor.
The public body in charge of the project shall keep the
records submitted in accordance with this paragraph (2) of
subsection (a) before the effective date of this amendatory
Act of the 98th General Assembly for a period of not less
than 3 years, and the records submitted in accordance with
this paragraph (2) of subsection (a) on or after the
effective date of this amendatory Act of the 98th General
Assembly for a period of 10 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

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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, the Director of Labor and his deputies and
agents, and to federal, State, or local law enforcement
agencies and prosecutors.
(Source: P.A. 97-571, eff. 1-1-12.)
(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
Sec. 11. No public works project shall be instituted unless
the provisions of this Act have been complied with. The
provisions of this Act shall not be applicable to Federal
construction projects which require a prevailing wage
determination by the United States Secretary of Labor. The
Illinois Department of Labor represented by the Attorney
General is empowered to sue for injunctive relief against the
awarding of any contract or the continuation of work under any
contract for public works at a time when the prevailing wage
prerequisites have not been met. Any contract for public works
awarded at a time when the prevailing wage prerequisites had
not been met shall be void as against public policy and the

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contractor is prohibited from recovering any damages for the
voiding of the contract or pursuant to the terms of the
contract. The contractor is limited to a claim for amounts
actually paid for labor and materials supplied to the public
body. Where objections to a determination of the prevailing
rate of wages or a court action relative thereto is pending,
the public body shall not continue work on the project unless
sufficient funds are available to pay increased wages if such
are finally determined or unless the Department of Labor
certifies such determination of the prevailing rate of wages as
correct.
Any laborer, worker or mechanic employed by the contractor
or by any sub-contractor under him who is paid for his services
in a sum less than the stipulated rates for work done under
such contract, shall have a right of action for whatever
difference there may be between the amount so paid, and the
rates provided by the contract together with costs and such
reasonable attorney's fees as shall be allowed by the court.
Such contractor or subcontractor shall also be liable to the
Department of Labor for 20% of such underpayments and shall be
additionally liable to the laborer, worker or mechanic for
punitive damages in the amount of 2% of the amount of any such
penalty to the State for underpayments for each month following
the date of payment during which such underpayments remain
unpaid. Where a second or subsequent action to recover
underpayments is brought against a contractor or subcontractor

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and the contractor or subcontractor is found liable for
underpayments to any laborer, worker, or mechanic, the
contractor or subcontractor shall also be liable to the
Department of Labor for 50% of the underpayments payable as a
result of the second or subsequent action, and shall be
additionally liable for 5% of the amount of any such penalty to
the State for underpayments for each month following the date
of payment during which the underpayments remain unpaid. The
Department shall also have a right of action on behalf of any
individual who has a right of action under this Section. An
action brought to recover same shall be deemed to be a suit for
wages, and any and all judgments entered therein shall have the
same force and effect as other judgments for wages. The action
shall be brought within 10 years from the date of the failure
to pay the wages or compensation. At the request of any
laborer, workman or mechanic employed by the contractor or by
any subcontractor under him who is paid less than the
prevailing wage rate required by this Act, the Department of
Labor may take an assignment of such wage claim in trust for
the assigning laborer, workman or mechanic and may bring any
legal action necessary to collect such claim, and the
contractor or subcontractor shall be required to pay the costs
incurred in collecting such claim.
(Source: P.A. 94-488, eff. 1-1-06.)
(820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)

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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, before the effective date of this
amendatory Act of the 98th General Assembly on 2 separate
occasions within 5 years, have been determined to have violated
the provisions of this Act on 2 separate occasions within 5
years and who, on or after the effective date of this
amendatory Act of the 98th General Assembly, have been
determined to have violated the provisions of this Act of 2
separate occasions within 10 years. 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

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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. 97-571, eff. 1-1-12.)".