Bill Text: IL HB3223 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevailing Wage Act. Requires contractors to include in record keeping 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. Defines terms.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0482 [HB3223 Detail]
Download: Illinois-2013-HB3223-Engrossed.html
Bill Title: Amends the Prevailing Wage Act. Requires contractors to include in record keeping 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. Defines terms.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0482 [HB3223 Detail]
Download: Illinois-2013-HB3223-Engrossed.html
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1 | AN ACT concerning wages.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 2 and 5 and by adding Section 5.1 as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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7 | Sec. 2. This Act applies to the wages of laborers, | ||||||
8 | mechanics and
other workers employed in any public works, as | ||||||
9 | hereinafter defined, by
any public body and to anyone under | ||||||
10 | contracts for public works. This includes any maintenance, | ||||||
11 | repair, assembly, or disassembly work performed on equipment | ||||||
12 | whether owned, leased, or rented.
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13 | As used in this Act, unless the context indicates | ||||||
14 | otherwise:
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15 | "Public works" means all fixed works constructed or | ||||||
16 | demolished by
any public body,
or paid for wholly or in part | ||||||
17 | out of public funds. "Public works" as
defined herein includes | ||||||
18 | all projects financed in whole
or in part with bonds, grants, | ||||||
19 | loans, or other funds made available by or through the State or | ||||||
20 | any of its political subdivisions, including but not limited | ||||||
21 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
22 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
23 | Industrial
Building Revenue Bond Act, the Illinois Finance |
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1 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
2 | the Build Illinois Bond Act; loans or other funds made
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3 | available pursuant to the Build Illinois Act; or funds from the | ||||||
4 | Fund for
Illinois' Future under Section 6z-47 of the State | ||||||
5 | Finance Act, funds for school
construction under Section 5 of | ||||||
6 | the General Obligation Bond Act, funds
authorized under Section | ||||||
7 | 3 of the School Construction Bond Act, funds for
school | ||||||
8 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
9 | and funds
for transportation purposes under Section 4 of the | ||||||
10 | General Obligation Bond
Act. "Public works" also includes (i) | ||||||
11 | all projects financed in whole or in part
with funds from the | ||||||
12 | Department of Commerce and Economic Opportunity under the | ||||||
13 | Illinois Renewable Fuels Development Program
Act for which | ||||||
14 | there is no project labor agreement; (ii) all work performed | ||||||
15 | pursuant to a public private agreement under the Public Private | ||||||
16 | Agreements for the Illiana Expressway Act; and (iii) all | ||||||
17 | projects undertaken under a public-private agreement under the | ||||||
18 | Public-Private Partnerships for Transportation Act. "Public | ||||||
19 | works" also includes all projects at leased facility property | ||||||
20 | used for airport purposes under Section 35 of the Local | ||||||
21 | Government Facility Lease Act. "Public works" also includes the | ||||||
22 | construction of a new wind power facility by a business | ||||||
23 | designated as a High Impact Business under Section 5.5(a)(3)(E) | ||||||
24 | of the Illinois Enterprise Zone Act.
"Public works" does not | ||||||
25 | include work done directly by any public utility company, | ||||||
26 | whether or not done under public supervision or direction, or |
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1 | paid for wholly or in part out of public funds. "Public works" | ||||||
2 | does not include projects undertaken by the owner at an | ||||||
3 | owner-occupied single-family residence or at an owner-occupied | ||||||
4 | unit of a multi-family residence.
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5 | "Construction" means all work on public works involving | ||||||
6 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
7 | repair, assembly, or disassembly work performed on equipment | ||||||
8 | whether owned, leased, or rented.
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9 | "Locality" means the county where the physical work upon | ||||||
10 | public works
is performed, except (1) that if there is not | ||||||
11 | available in the county a
sufficient number of competent | ||||||
12 | skilled laborers, workers and mechanics
to construct the public | ||||||
13 | works efficiently and properly, "locality"
includes any other | ||||||
14 | county nearest the one in which the work or
construction is to | ||||||
15 | be performed and from which such persons may be
obtained in | ||||||
16 | sufficient numbers to perform the work and (2) that, with
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17 | respect to contracts for highway work with the Department of
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18 | Transportation of this State, "locality" may at the discretion | ||||||
19 | of the
Secretary of the Department of Transportation be | ||||||
20 | construed to include
two or more adjacent counties from which | ||||||
21 | workers may be accessible for
work on such construction.
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22 | "Public body" means the State or any officer, board or | ||||||
23 | commission of
the State or any political subdivision or | ||||||
24 | department thereof, or any
institution supported in whole or in | ||||||
25 | part by public funds,
and includes every county, city, town,
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26 | village, township, school district, irrigation, utility, |
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1 | reclamation
improvement or other district and every other | ||||||
2 | political subdivision,
district or municipality of the state | ||||||
3 | whether such political
subdivision, municipality or district | ||||||
4 | operates under a special charter
or not.
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5 | The terms "general prevailing rate of hourly wages", | ||||||
6 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
7 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
8 | annualized fringe benefits for training and
apprenticeship | ||||||
9 | programs approved by the U.S. Department of Labor, Bureau of
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10 | Apprenticeship and Training, health and welfare, insurance, | ||||||
11 | vacations and
pensions paid generally, in the
locality in which | ||||||
12 | the work is being performed, to employees engaged in
work of a | ||||||
13 | similar character on public works.
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14 | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, | ||||||
15 | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, | ||||||
16 | eff. 8-23-11.)
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17 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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18 | Sec. 5. Certified payroll.
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19 | (a) Any contractor and each subcontractor who participates | ||||||
20 | in public works shall: | ||||||
21 | (1) make and keep, for a period of not less
than 3 | ||||||
22 | years from the date of the last payment on a contract or | ||||||
23 | subcontract for public works, records of all laborers, | ||||||
24 | mechanics, and other workers employed by them on the | ||||||
25 | project; the records shall include (i) the each worker's |
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1 | name, (ii) the worker's address, (iii) the worker's | ||||||
2 | telephone number
when available, (iv) the worker's social | ||||||
3 | security number, (v) the worker's classification or | ||||||
4 | classifications, (vi) the worker's gross and net the hourly | ||||||
5 | wages paid in each pay period, (vii) the worker's number of | ||||||
6 | hours worked each day, (viii) the worker's starting and | ||||||
7 | ending times of work each day, (ix) the worker's hourly | ||||||
8 | wage rate, (x) the worker's hourly overtime wage rate, (xi) | ||||||
9 | the worker's hourly fringe benefit rates, (xii) the name | ||||||
10 | and address of each fringe benefit fund, (xiii) the plan | ||||||
11 | sponsor of each fringe benefit, if applicable, and (xiv) | ||||||
12 | the plan administrator of each fringe benefit, if | ||||||
13 | applicable and the starting and ending times of work each | ||||||
14 | day ; and | ||||||
15 | (2) no later than the 15th tenth day of each calendar | ||||||
16 | month file a certified payroll for the immediately | ||||||
17 | preceding month with the public body in charge of the | ||||||
18 | project. A certified payroll must be filed for only those | ||||||
19 | calendar months during which construction on a public works | ||||||
20 | project has occurred. The certified payroll shall consist | ||||||
21 | of a complete copy of the records identified in paragraph | ||||||
22 | (1) of this subsection (a), but may exclude the starting | ||||||
23 | and ending times of work each day. The certified payroll | ||||||
24 | shall be accompanied by a statement signed by the | ||||||
25 | contractor or subcontractor or an officer, employee, or | ||||||
26 | agent of the contractor or subcontractor which avers that: |
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1 | (i) he or she has examined the certified payroll records | ||||||
2 | required to be submitted by the Act and such records are | ||||||
3 | true and accurate; (ii) the hourly rate paid to each worker | ||||||
4 | is not less than the general prevailing rate of hourly | ||||||
5 | wages required by this Act; and (iii) the contractor or | ||||||
6 | subcontractor is aware that filing a certified payroll that | ||||||
7 | he or she knows to be false is a Class A misdemeanor. A | ||||||
8 | general contractor is not prohibited from relying on the | ||||||
9 | certification of a lower tier subcontractor, provided the | ||||||
10 | general contractor does not knowingly rely upon a | ||||||
11 | subcontractor's false certification. Any contractor or | ||||||
12 | subcontractor subject to this Act and any officer, | ||||||
13 | employee, or agent of such contractor or subcontractor | ||||||
14 | whose duty as such officer, employee, or agent it is to | ||||||
15 | file such certified payroll who willfully fails to file | ||||||
16 | such a certified payroll on or before the date such | ||||||
17 | certified payroll is required by this paragraph to be filed | ||||||
18 | and any person who willfully files a false certified | ||||||
19 | payroll that is false as to any material fact is in | ||||||
20 | violation of this Act and guilty of a Class A misdemeanor. | ||||||
21 | The public body in charge of the project shall keep the | ||||||
22 | records submitted in accordance with this paragraph (2) of | ||||||
23 | subsection (a) for a period of not less than 3 years from | ||||||
24 | the date of the last payment for work on a contract or | ||||||
25 | subcontract for public works. The records submitted in | ||||||
26 | accordance with this paragraph (2) of subsection (a) shall |
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1 | be considered public records, except an employee's | ||||||
2 | address, telephone number, and social security number, and | ||||||
3 | made available in accordance with the Freedom of | ||||||
4 | Information Act. The public body shall accept any | ||||||
5 | reasonable submissions by the contractor that meet the | ||||||
6 | requirements of this Section.
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7 | (b) Upon 7 business days' notice, the contractor and each | ||||||
8 | subcontractor shall make available for inspection and copying | ||||||
9 | at a location within this State during reasonable hours, the | ||||||
10 | records identified in paragraph (1) of subsection (a) of this | ||||||
11 | Section to the public body
in charge of the project, its | ||||||
12 | officers and agents, the Director of Labor
and his deputies and | ||||||
13 | agents, and to federal, State, or local law enforcement | ||||||
14 | agencies and prosecutors. | ||||||
15 | (c) A contractor or subcontractor who remits contributions | ||||||
16 | to fringe benefit funds that are jointly maintained and jointly | ||||||
17 | governed by one or more employers and one or more labor | ||||||
18 | organizations in accordance with the federal Labor Management | ||||||
19 | Relations Act shall make and keep certified payroll records | ||||||
20 | that include the information required under items (i) through | ||||||
21 | (viii) of paragraph (1) of subsection (a) only. However, the | ||||||
22 | information required under items (ix) through (xiv) of | ||||||
23 | paragraph (1) of subsection (a) shall be required for any | ||||||
24 | contractor or subcontractor who remits contributions to a | ||||||
25 | fringe benefit fund that is not 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. | ||||||
3 | (Source: P.A. 97-571, eff. 1-1-12.)
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4 | (820 ILCS 130/5.1 new) | ||||||
5 | Sec. 5.1. Electronic database. Subject to appropriation, | ||||||
6 | the Department shall develop and maintain an electronic | ||||||
7 | database capable of accepting and retaining certified payrolls | ||||||
8 | submitted under this Act. The database shall accept certified | ||||||
9 | payroll forms provided by the Department that are fillable and | ||||||
10 | designed to accept electronic signatures.
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