Bill Text: IL HB0923 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2013-07-23 - Public Act . . . . . . . . . 98-0105 [HB0923 Detail]
Download: Illinois-2013-HB0923-Amended.html
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2013-07-23 - Public Act . . . . . . . . . 98-0105 [HB0923 Detail]
Download: Illinois-2013-HB0923-Amended.html
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1 | AMENDMENT TO HOUSE BILL 923
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2 | AMENDMENT NO. ______. Amend House Bill 923 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Payments for Construction Services Reporting Act.
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6 | Section 5. Definitions. In this Act, unless the context | ||||||
7 | clearly requires otherwise: | ||||||
8 | "Construction services" includes, but is not limited to, | ||||||
9 | the erection, excavation, installation, alteration, addition, | ||||||
10 | modification, repair, improvement, demolition, deconstruction, | ||||||
11 | dismantling, or removal of all or any part of a building, | ||||||
12 | structure, dock, wharf, surface, or subsurface on or attached | ||||||
13 | to any real property. | ||||||
14 | "Construction service provider" means a general contractor | ||||||
15 | or specialty contractor that provides construction services. | ||||||
16 | "Entity" includes, but is not limited to, a sole |
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1 | proprietor, partnership, corporation, limited liability | ||||||
2 | company, trust, association, financial institution, | ||||||
3 | governmental entity other than the federal government, and any | ||||||
4 | other individual or group engaged in a trade, occupation, | ||||||
5 | enterprise, governmental function, or similar activity in this | ||||||
6 | State. | ||||||
7 | "Payment" does not include wages paid by the entity to an
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8 | employee.
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9 | Section 10. Construction service provider payment reports. | ||||||
10 | (a) An entity that in the course of business makes a | ||||||
11 | payment of $600 or more in a taxable year to a construction | ||||||
12 | service provider for performing construction services shall | ||||||
13 | report the payment to the Department of Labor and the | ||||||
14 | construction service provider in a manner prescribed by the | ||||||
15 | Department. | ||||||
16 | (b) The report must be transmitted by the entity to the | ||||||
17 | Department and the construction service provider on or before | ||||||
18 | January 31 following the taxable year in which the payment was | ||||||
19 | made. The report must include: | ||||||
20 | (1) the entity's name, address, and unified business | ||||||
21 | identification number; | ||||||
22 | (2) the construction service provider's name, address, | ||||||
23 | and federal employer identification number; | ||||||
24 | (3) the total amount the entity paid to the | ||||||
25 | construction service
provider in the taxable year, |
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1 | including payments for services and for any materials and | ||||||
2 | equipment that were provided along with services; and | ||||||
3 | (4) any other information that the Department requires | ||||||
4 | by rule. | ||||||
5 | (c) The Department may share the report, upon request, with | ||||||
6 | any other local, State, or federal government agency. | ||||||
7 | (d) Except as provided in subsection (c), reports filed | ||||||
8 | under this Section are confidential and exempt from public | ||||||
9 | disclosure other than to public employees in performance of | ||||||
10 | their official duties. However, the name of the reporting | ||||||
11 | entity and the name and address of the construction service | ||||||
12 | provider shall be disclosed upon request by the general public | ||||||
13 | under the Freedom of Information Act. | ||||||
14 | (e) If the Department determines that an entity has failed | ||||||
15 | to file a report or has filed an incomplete report, the | ||||||
16 | Department may assess a monetary penalty of not less than $200 | ||||||
17 | and not more than $1,000 per report. If the Department | ||||||
18 | determines that an entity has knowingly failed to file a report | ||||||
19 | or knowingly filed an incomplete, false, or misleading report, | ||||||
20 | the Department may assess a monetary penalty of not less than | ||||||
21 | $1,000 and not more than $5,000 per report. An entity that is | ||||||
22 | assessed a penalty under this subsection shall not be permitted | ||||||
23 | to bid, or have a bid considered, on any public works contract | ||||||
24 | until the penalty has been paid in full. Penalties assessed | ||||||
25 | under this subsection shall be deposited into the General | ||||||
26 | Revenue Fund. |
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1 | (f) The requirements of this Section do not apply to an | ||||||
2 | entity that does not regularly contract for construction | ||||||
3 | services, as defined by the Department. | ||||||
4 | (g) The Department may adopt rules to implement and enforce | ||||||
5 | this Section.
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6 | Section 15. Bid restriction. A contractor and its related | ||||||
7 | entity shall not be allowed to bid on any public works | ||||||
8 | contracts subject to the Prevailing Wage Act for one year from | ||||||
9 | the date of the final determination that the contractor | ||||||
10 | violated this Act.".
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