Bill Text: IL SB3695 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Prevailing Wage Act. Requires contractors to include in recordkeeping the gross and net wage, hourly overtime rate, fringe benefit rates, and the sponsor and administrator of fringe benefit plans. Provides for filing of the records with the Department of Labor. Authorizes that Department to require electronic filing. Requires that Department to create and provide a form for the filing of certified payrolls. Allows any interested party to bring an action under the Act. Defines terms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3695 Detail]

Download: Illinois-2011-SB3695-Engrossed.html

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AN ACT concerning wages.
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 2 and 5 and by adding Section 5.1 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance

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Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of
the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,
and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes (i)
all projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public Private
Agreements for the Illiana Expressway Act; and (iii) all
projects undertaken under a public-private agreement under the
Public-Private Partnerships for Transportation Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes the
construction of a new wind power facility by a business
designated as a High Impact Business under Section 5.5(a)(3)(E)
of the Illinois Enterprise Zone Act. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or

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paid for wholly or in part out of public funds. "Public works"
does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,

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reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
eff. 8-23-11.)
(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 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 (i) the each worker's

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name, (ii) the worker's address, (iii) the worker's
telephone number when available, (iv) the worker's social
security number, (v) the worker's classification or
classifications, (vi) the worker's gross and net the hourly
wages paid in each pay period, (vii) the worker's number of
hours worked each day, (viii) the worker's starting and
ending times of work each day, (ix) the worker's hourly
wage rate, (x) the worker's hourly overtime wage rate, (xi)
the worker's hourly fringe benefit rates, (xii) the name
and address of each fringe benefit fund, (xiii) the plan
sponsor of each fringe benefit, if applicable, and (xiv)
the plan administrator of each fringe benefit, if
applicable and the starting and ending times of work each
day; and
(2) no later than the 15th 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:

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(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
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) 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

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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, the Director of Labor and his deputies and
agents, and to federal, State, or local law enforcement
agencies and prosecutors.
(c) A contractor or subcontractor who remits contributions
to fringe benefit funds that are jointly maintained and jointly
governed by one or more employers and one or more labor
organizations in accordance with the federal Labor Management
Relations Act shall make and keep certified payroll records
that include the information required under items (i) through
(viii) of paragraph (1) of subsection (a) only. However, the
information required under items (ix) through (xiv) of
paragraph (1) of subsection (a) shall be required for any
contractor or subcontractor who remits contributions to a
fringe benefit fund that is not jointly maintained and jointly
governed by one or more employers and one or more labor

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organizations in accordance with the federal Labor Management
Relations Act.
(Source: P.A. 97-571, eff. 1-1-12.)
(820 ILCS 130/5.1 new)
Sec. 5.1. Electronic database. Subject to appropriation,
the Department shall develop and maintain an electronic
database capable of accepting and retaining certified payrolls
submitted under this Act. The database shall accept certified
payroll forms provided by the Department that are fillable and
designed to accept electronic signatures.