Bill Text: IL HB3237 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make records available for inspection and copying, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the 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. Effective January 1, 2012.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0571 [HB3237 Detail]

Download: Illinois-2011-HB3237-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3237 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
820 ILCS 130/5 from Ch. 48, par. 39s-5
820 ILCS 130/6 from Ch. 48, par. 39s-6
820 ILCS 130/11a from Ch. 48, par. 39s-11a
Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make available for inspection and copying records, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the 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. Effective January 1, 2012.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 after the end 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

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project. 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 4 felony 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

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in violation of this Act and guilty of a Class 4 felony 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 3 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.)

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(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 4 felony 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)

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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, 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 under Section 5 or

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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.