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| Public Act 097-0571
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| HB3237 Enrolled | LRB097 10925 AEK 51483 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Prevailing Wage Act is amended by changing |
Sections 5, 6, and 11a as follows:
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(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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Sec. 5. Certified payroll.
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(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 |
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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 |
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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.
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(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. |
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(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)
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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
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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.
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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.
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(Source: P.A. 94-488, eff. 1-1-06.)
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(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.
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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
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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 |
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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.
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(Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect January |
1, 2012.
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