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| Public Act 098-0482
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| HB3223 Enrolled | LRB098 07788 JLS 37868 b |
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AN ACT concerning wages.
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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 2 and 5 and by adding Section 5.1 as follows:
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(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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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.
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As used in this Act, unless the context indicates |
otherwise:
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"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
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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.
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"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.
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"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
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respect to contracts for highway work with the Department of
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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.
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"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,
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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.
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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
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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.
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(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.)
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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 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.
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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, 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.)
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(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.
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