Bill Text: IL SB3512 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Prevailing Wage Act in connection with certified payroll filings. Provides that those filings must be on a certified payroll form as provided by the Department of Labor. Provides that public bodies shall accept any reasonable submissions by contractors only if recorded on the State of Illinois Certified Transcript of Payroll Form as provided by the Department of Labor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3512 Detail]

Download: Illinois-2011-SB3512-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3512 Introduced 2/8/2012, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
820 ILCS 130/5 from Ch. 48, par. 39s-5
Amends the Prevailing Wage Act in connection with certified payroll filings. Provides that those filings must be on a certified payroll form as provided by the Department of Labor. Provides that public bodies shall accept any reasonable submissions by contractors only if recorded on the State of Illinois Certified Transcript of Payroll Form as provided by the Department of Labor.
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A BILL FOR
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AN ACT concerning wages.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Section 5 as follows:
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
Sec. 5. Certified payroll.
(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 each worker's name,
address, telephone number when available, social security
number, classification or classifications, the hourly
wages paid in each pay period, the number of hours worked
each day, and the starting and ending times of work each
day; and
(2) no later than the tenth day of each calendar month
file a certified payroll on a certified transcript of
payroll form as provided by the Department of Labor for the
immediately preceding month with the public body in charge

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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:
(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

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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
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 but only if recorded on the
State of Illinois Certified Transcript of Payroll Form as
provided by the Department of Labor.
(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.
(Source: P.A. 97-571, eff. 1-1-12.)