Bill Amendment: IL SB0203 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PREVAIL WAGE-REPORT-DATABASE
Status: 2019-01-15 - Public Act . . . . . . . . . 100-1177 [SB0203 Detail]
Download: Illinois-2017-SB0203-House_Amendment_001.html
Bill Title: PREVAIL WAGE-REPORT-DATABASE
Status: 2019-01-15 - Public Act . . . . . . . . . 100-1177 [SB0203 Detail]
Download: Illinois-2017-SB0203-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 203
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2 | AMENDMENT NO. ______. Amend Senate Bill 203 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 5 and 5.1 and by adding Sections 3.1 and 3.2 as | ||||||
6 | follows:
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7 | (820 ILCS 130/3.1 new) | ||||||
8 | Sec. 3.1. Employment of local laborers; report. The | ||||||
9 | Department of Labor shall report annually, no later than | ||||||
10 | February 1, to the General Assembly and the Governor the number | ||||||
11 | of people employed on public works in the State during the | ||||||
12 | preceding calendar year. This report shall include the total | ||||||
13 | number of people employed and the total number of hours worked | ||||||
14 | on public works both statewide and by county. Additionally, the | ||||||
15 | report shall include the total number of people employed and | ||||||
16 | the hours worked on public works by the 5-digit zip code, as |
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1 | collected on certified payroll, of the individual's residence | ||||||
2 | during employment on public works. The report to the General | ||||||
3 | Assembly shall be filed with the Clerk of the House of | ||||||
4 | Representatives and the Secretary of the Senate in electronic | ||||||
5 | form only, in the manner that the clerk and Secretary shall | ||||||
6 | direct.
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7 | (820 ILCS 130/3.2 new) | ||||||
8 | Sec. 3.2. Employment of females and minorities on public | ||||||
9 | works. | ||||||
10 | (a) The Department of Labor shall study and report on the | ||||||
11 | participation of females and minorities on public works in | ||||||
12 | Illinois. The Department of Labor shall use certified payrolls | ||||||
13 | collected under Section 5.1 to obtain this information. The | ||||||
14 | Department of Labor shall use the same categories for gender, | ||||||
15 | race, and ethnicity as the U.S. Census Bureau for data | ||||||
16 | collected under Section 5. | ||||||
17 | (b) No later than December 31, 2020, the Department of | ||||||
18 | Labor shall create recommendations to increase female and | ||||||
19 | minority participation on public works projects by county. The | ||||||
20 | Department of Labor shall use its own study, data from the U.S. | ||||||
21 | Department of
Labor's goals for Davis-Bacon Act covered | ||||||
22 | projects, and any available data from the State or federal | ||||||
23 | governments.
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24 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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1 | Sec. 5. Certified payroll.
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2 | (a) Any contractor and each subcontractor who participates | ||||||
3 | in public works shall: | ||||||
4 | (1) make and keep, for a period of not less
than 3 | ||||||
5 | years from the date of the last payment made before January | ||||||
6 | 1, 2014 (the effective date of Public Act 98-328) and for a | ||||||
7 | period of 5 years from the date of the last payment made on | ||||||
8 | or after January 1, 2014 (the effective date of Public Act | ||||||
9 | 98-328) on a contract or subcontract for public works, | ||||||
10 | records of all laborers, mechanics, and other workers | ||||||
11 | employed by them on the project; the records shall include | ||||||
12 | (i) the worker's name, (ii) the worker's address, (iii) the | ||||||
13 | worker's telephone number
when available, (iv) the last 4 | ||||||
14 | digits of the worker's social security number, (v) the | ||||||
15 | worker's gender, (vi) the worker's race, (vii) the
worker's | ||||||
16 | ethnicity, (viii) veteran status, (ix) the worker's | ||||||
17 | classification or classifications, (x) (vi) the worker's | ||||||
18 | gross and net wages paid in each pay period, (xi) (vii) the | ||||||
19 | worker's number of hours worked each day, (xii) (viii) the | ||||||
20 | worker's starting and ending times of work each day, (xiii) | ||||||
21 | (ix) the worker's hourly wage rate, (xiv) (x) the worker's | ||||||
22 | hourly overtime wage rate, (xv) (xi) the worker's hourly | ||||||
23 | fringe benefit rates, (xvi) (xii) the name and address of | ||||||
24 | each fringe benefit fund, (xvii) (xiii) the plan sponsor of | ||||||
25 | each fringe benefit, if applicable, and (xviii) (xiv) the | ||||||
26 | plan administrator of each fringe benefit, if applicable; |
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1 | and | ||||||
2 | (2) no later than the 15th day of each calendar month | ||||||
3 | file a certified payroll for the immediately preceding | ||||||
4 | month with the public body in charge of the project until | ||||||
5 | the Department of Labor activates the database created | ||||||
6 | under Section 5.1 at which time certified payroll shall | ||||||
7 | only be submitted to that database, except for projects | ||||||
8 | done by State agencies that opt to have contractors submit | ||||||
9 | certified payrolls directly to that State agency. A State | ||||||
10 | agency that opts to directly receive certified payrolls | ||||||
11 | must submit the required information in a specified | ||||||
12 | electronic format to the Department of Labor no later than | ||||||
13 | 10 days after the certified payroll was filed with the | ||||||
14 | State agency . A certified payroll must be filed for only | ||||||
15 | those calendar months during which construction on a public | ||||||
16 | works project has occurred. The certified payroll shall | ||||||
17 | consist of a complete copy of the records identified in | ||||||
18 | paragraph (1) of this subsection (a), but may exclude the | ||||||
19 | starting and ending times of work each day. The certified | ||||||
20 | payroll shall be accompanied by a statement signed by the | ||||||
21 | contractor or subcontractor or an officer, employee, or | ||||||
22 | agent of the contractor or subcontractor which avers that: | ||||||
23 | (i) he or she has examined the certified payroll records | ||||||
24 | required to be submitted by the Act and such records are | ||||||
25 | true and accurate; (ii) the hourly rate paid to each worker | ||||||
26 | is not less than the general prevailing rate of hourly |
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1 | wages required by this Act; and (iii) the contractor or | ||||||
2 | subcontractor is aware that filing a certified payroll that | ||||||
3 | he or she knows to be false is a Class A misdemeanor. A | ||||||
4 | general contractor is not prohibited from relying on the | ||||||
5 | certification of a lower tier subcontractor, provided the | ||||||
6 | general contractor does not knowingly rely upon a | ||||||
7 | subcontractor's false certification. Any contractor or | ||||||
8 | subcontractor subject to this Act and any officer, | ||||||
9 | employee, or agent of such contractor or subcontractor | ||||||
10 | whose duty as such officer, employee, or agent it is to | ||||||
11 | file such certified payroll who willfully fails to file | ||||||
12 | such a certified payroll on or before the date such | ||||||
13 | certified payroll is required by this paragraph to be filed | ||||||
14 | and any person who willfully files a false certified | ||||||
15 | payroll that is false as to any material fact is in | ||||||
16 | violation of this Act and guilty of a Class A misdemeanor. | ||||||
17 | The public body in charge of the project shall keep the | ||||||
18 | records submitted in accordance with this paragraph (2) of | ||||||
19 | subsection (a) before January 1, 2014 (the effective date | ||||||
20 | of Public Act 98-328) for a period of not less than 3 | ||||||
21 | years, and the records submitted in accordance with this | ||||||
22 | paragraph (2) of subsection (a) on or after January 1, 2014 | ||||||
23 | (the effective date of Public Act 98-328) for a period of 5 | ||||||
24 | years, from the date of the last payment for work on a | ||||||
25 | contract or subcontract for public works or until the | ||||||
26 | Department of Labor activates the database created under |
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1 | Section 5.1, whichever is less. After the activation of the | ||||||
2 | database created under Section 5.1, the Department of Labor | ||||||
3 | rather than the public body in charge of the project shall | ||||||
4 | keep the records and maintain the database . The records | ||||||
5 | submitted in accordance with this paragraph (2) of | ||||||
6 | subsection (a) shall be considered public records, except | ||||||
7 | an employee's address, telephone number, and social | ||||||
8 | security number, race, ethnicity, and gender, and made | ||||||
9 | available in accordance with the Freedom of Information | ||||||
10 | Act. The public body shall accept any reasonable | ||||||
11 | submissions by the contractor that meet the requirements of | ||||||
12 | this Section.
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13 | A contractor, subcontractor, or public body may retain | ||||||
14 | records required under this Section in paper or electronic | ||||||
15 | format. | ||||||
16 | (b) Upon 7 business days' notice, the contractor and each | ||||||
17 | subcontractor shall make available for inspection and copying | ||||||
18 | at a location within this State during reasonable hours, the | ||||||
19 | records identified in paragraph (1) of subsection (a) of this | ||||||
20 | Section to the public body
in charge of the project, its | ||||||
21 | officers and agents, the Director of Labor
and his deputies and | ||||||
22 | agents, and to federal, State, or local law enforcement | ||||||
23 | agencies and prosecutors. | ||||||
24 | (c) A contractor or subcontractor who remits contributions | ||||||
25 | to fringe benefit funds that are jointly maintained and jointly | ||||||
26 | governed by one or more employers and one or more labor |
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1 | organizations in accordance with the federal Labor Management | ||||||
2 | Relations Act shall make and keep certified payroll records | ||||||
3 | that include the information required under items (i) through | ||||||
4 | (viii) of paragraph (1) of subsection (a) only. However, the | ||||||
5 | information required under items (ix) through (xiv) of | ||||||
6 | paragraph (1) of subsection (a) shall be required for any | ||||||
7 | contractor or subcontractor who remits contributions to a | ||||||
8 | fringe benefit fund that is not jointly maintained and jointly | ||||||
9 | governed by one or more employers and one or more labor | ||||||
10 | organizations in accordance with the federal Labor Management | ||||||
11 | Relations Act. | ||||||
12 | (Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482, | ||||||
13 | eff. 1-1-14; 98-756, eff. 7-16-14.)
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14 | (820 ILCS 130/5.1) | ||||||
15 | Sec. 5.1. Electronic database. The Subject to | ||||||
16 | appropriation, the Department shall develop and maintain an | ||||||
17 | electronic database capable of accepting and retaining | ||||||
18 | certified payrolls submitted under this Act no later than April | ||||||
19 | 1, 2019 . The database shall accept certified payroll forms | ||||||
20 | provided by the Department that are fillable and designed to | ||||||
21 | accept electronic signatures.
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22 | (Source: P.A. 98-482, eff. 1-1-14.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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