Bill Text: IL HB3237 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make records available for inspection and copying, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the Act shall be subject to an automatic and immediate debarment, thereafter prohibited from participating in any public works project for 4 years, with no right to a hearing. Effective January 1, 2012.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0571 [HB3237 Detail]
Download: Illinois-2011-HB3237-Engrossed.html
Bill Title: Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make records available for inspection and copying, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the Act shall be subject to an automatic and immediate debarment, thereafter prohibited from participating in any public works project for 4 years, with no right to a hearing. Effective January 1, 2012.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0571 [HB3237 Detail]
Download: Illinois-2011-HB3237-Engrossed.html
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1 | AN ACT concerning employment.
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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 5, 6, and 11a as follows:
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6 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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7 | Sec. 5. Certified payroll.
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8 | (a) Any While participating on public works, the contractor | ||||||
9 | and each subcontractor who participates in public works shall: | ||||||
10 | (1) make and keep, for a period of not less
than 3 | ||||||
11 | years from the date of the last payment on a contract or | ||||||
12 | subcontract for public works , records of all laborers, | ||||||
13 | mechanics, and other workers employed by them on the | ||||||
14 | project; the records shall include each worker's name, | ||||||
15 | address, telephone number
when available, social security | ||||||
16 | number, classification or classifications, the hourly | ||||||
17 | wages paid in each pay period, the number of hours worked | ||||||
18 | each day, and the starting and ending times of work each | ||||||
19 | day; and | ||||||
20 | (2) no later than the tenth day after the end of each | ||||||
21 | calendar month file submit monthly, in person, by mail, or | ||||||
22 | electronically a certified payroll for the immediately | ||||||
23 | preceding month with to the public body in charge of the |
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1 | project. The certified payroll shall consist of a complete | ||||||
2 | copy of the records identified in paragraph (1) of this | ||||||
3 | subsection (a), but may exclude the starting and ending | ||||||
4 | times of work each day. The certified payroll shall be | ||||||
5 | accompanied by a statement signed by the contractor or | ||||||
6 | subcontractor or an officer, employee, or agent of the | ||||||
7 | contractor or subcontractor which avers that: (i) he or she | ||||||
8 | has examined the certified payroll records required to be | ||||||
9 | submitted by the Act and such records are true and | ||||||
10 | accurate; (ii) the hourly rate paid to each worker is not | ||||||
11 | less than the general prevailing rate of hourly wages | ||||||
12 | required by this Act; and (iii) the contractor or | ||||||
13 | subcontractor is aware that filing a certified payroll that | ||||||
14 | he or she knows to be false is a Class 4 felony B | ||||||
15 | misdemeanor . A general contractor is not prohibited from | ||||||
16 | relying on the certification of a lower tier subcontractor, | ||||||
17 | provided the general contractor does not knowingly rely | ||||||
18 | upon a subcontractor's false certification. Any contractor | ||||||
19 | or subcontractor subject to this Act and any officer, | ||||||
20 | employee, or agent of such contractor or subcontractor | ||||||
21 | whose duty as such officer, employee, or agent it is to | ||||||
22 | file such certified payroll who willfully fails to file | ||||||
23 | such submit a certified payroll on or before the date such | ||||||
24 | certified payroll is required by this paragraph to be filed | ||||||
25 | and any person who willfully or knowingly files a false | ||||||
26 | certified payroll that is false as to any material fact is |
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1 | in violation of this Act and guilty of a Class 4 felony B | ||||||
2 | misdemeanor . The public body in charge of the project shall | ||||||
3 | keep the records submitted in accordance with this | ||||||
4 | paragraph (2) of subsection (a) for a period of not less | ||||||
5 | than 3 years from the date of the last payment for work on | ||||||
6 | a contract or subcontract for public works . The records | ||||||
7 | submitted in accordance with this paragraph (2) of | ||||||
8 | subsection (a) shall be considered public records, except | ||||||
9 | an employee's address, telephone number, and social | ||||||
10 | security number, and made available in accordance with the | ||||||
11 | Freedom of Information Act. The public body shall accept | ||||||
12 | any reasonable submissions by the contractor that meet the | ||||||
13 | requirements of this Section.
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14 | (b) Upon 3 7 business days' notice, the contractor and each | ||||||
15 | subcontractor shall make available for inspection and copying | ||||||
16 | at a location within this State during reasonable hours, the | ||||||
17 | records identified in paragraph (1) of subsection (a) of this | ||||||
18 | Section to the public body
in charge of the project, its | ||||||
19 | officers and agents, and to the Director of Labor
and his | ||||||
20 | deputies and agents , and to federal, State, or local law | ||||||
21 | enforcement agencies and prosecutors . Upon 7 business days' | ||||||
22 | notice, the contractor and each subcontractor shall make such | ||||||
23 | records available at all reasonable hours at a location within | ||||||
24 | this State. | ||||||
25 | (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05; | ||||||
26 | 94-1023, eff. 7-12-06.)
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1 | (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
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2 | Sec. 6. Any officer, agent or representative of any public | ||||||
3 | body who
wilfully violates, or willfully fails omits to comply | ||||||
4 | with, any of the provisions of
this Act, and any contractor or | ||||||
5 | subcontractor, and any officer, employee, or agent or
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6 | representative thereof, who as such officer, employee, or | ||||||
7 | agent, has a duty to create, keep, maintain, or produce any | ||||||
8 | record or document required by this Act to be created, kept, | ||||||
9 | maintained, or produced who willfully fails to create, keep, | ||||||
10 | maintain, or produce such record or document as or when | ||||||
11 | required by this Act, doing public work as aforesaid, who | ||||||
12 | neglects to
keep, or cause to be kept, an accurate record of | ||||||
13 | the names, occupation
and actual wages paid to each laborer, | ||||||
14 | worker and mechanic employed by
him, in connection with the | ||||||
15 | public work or who refuses to allow access
to same at any | ||||||
16 | reasonable hour to any person authorized to inspect same
under | ||||||
17 | this Act, is guilty of a Class 4 felony A misdemeanor .
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18 | The Department of Labor shall inquire diligently as to any | ||||||
19 | violation
of this Act, shall institute actions for penalties | ||||||
20 | herein prescribed,
and shall enforce generally the provisions | ||||||
21 | of this Act. The Attorney
General shall prosecute such cases | ||||||
22 | upon complaint by the Department or
any interested person.
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23 | (Source: P.A. 94-488, eff. 1-1-06.)
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24 | (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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1 | Sec. 11a. The Director of the Department of Labor shall | ||||||
2 | publish in the
Illinois Register no less often than once each | ||||||
3 | calendar quarter a list of
contractors or subcontractors found | ||||||
4 | to have disregarded their obligations
to employees under this | ||||||
5 | Act. The Department of Labor shall determine the
contractors or | ||||||
6 | subcontractors who, on 2 separate occasions within 5 years, | ||||||
7 | have been
determined to have violated the provisions of this | ||||||
8 | Act. Upon such
determination the Department shall notify the | ||||||
9 | violating
contractor or subcontractor. Such contractor or | ||||||
10 | subcontractor shall then
have 10 working days to request a | ||||||
11 | hearing by the Department on the alleged
violations. Failure to | ||||||
12 | respond within the 10 working day period shall
result in | ||||||
13 | automatic and immediate placement and publication on the list.
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14 | If the contractor or subcontractor requests a hearing within | ||||||
15 | the 10 working
day period, the Director shall set a hearing on | ||||||
16 | the alleged violations.
Such hearing shall take place no later | ||||||
17 | than 45 calendar days after the
receipt by the Department of | ||||||
18 | Labor of the request for a hearing.
The Department of Labor is | ||||||
19 | empowered to promulgate, adopt, amend and rescind
rules and | ||||||
20 | regulations to govern the hearing procedure. No contract shall
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21 | be awarded to a contractor or subcontractor appearing on the | ||||||
22 | list, or to
any firm, corporation, partnership or association | ||||||
23 | in which such contractor
or subcontractor has an interest until | ||||||
24 | 4 years have elapsed from the date
of publication of the list | ||||||
25 | containing the name of such contractor or
subcontractor. | ||||||
26 | A contractor or subcontractor convicted under Section 5 or |
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1 | 6 of this Act shall be subject to an automatic and immediate | ||||||
2 | debarment, thereafter prohibited from participating in any | ||||||
3 | public works project for 4 years, with no right to a hearing.
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4 | (Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
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5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2012.
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