Illinois General Assembly - Full Text of HB3223
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Full Text of HB3223  98th General Assembly




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1    AN ACT concerning wages.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Sections 2 and 5 and by adding Section 5.1 as follows:
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance



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1Authority Act, the Illinois Sports Facilities Authority Act, or
2the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; or funds from the
4Fund for Illinois' Future under Section 6z-47 of the State
5Finance Act, funds for school construction under Section 5 of
6the General Obligation Bond Act, funds authorized under Section
73 of the School Construction Bond Act, funds for school
8infrastructure under Section 6z-45 of the State Finance Act,
9and funds for transportation purposes under Section 4 of the
10General Obligation Bond Act. "Public works" also includes (i)
11all projects financed in whole or in part with funds from the
12Department of Commerce and Economic Opportunity under the
13Illinois Renewable Fuels Development Program Act for which
14there is no project labor agreement; (ii) all work performed
15pursuant to a public private agreement under the Public Private
16Agreements for the Illiana Expressway Act; and (iii) all
17projects undertaken under a public-private agreement under the
18Public-Private Partnerships for Transportation Act. "Public
19works" also includes all projects at leased facility property
20used for airport purposes under Section 35 of the Local
21Government Facility Lease Act. "Public works" also includes the
22construction of a new wind power facility by a business
23designated as a High Impact Business under Section 5.5(a)(3)(E)
24of the Illinois Enterprise Zone Act. "Public works" does not
25include work done directly by any public utility company,
26whether or not done under public supervision or direction, or



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1paid for wholly or in part out of public funds. "Public works"
2does not include projects undertaken by the owner at an
3owner-occupied single-family residence or at an owner-occupied
4unit of a multi-family residence.
5    "Construction" means all work on public works involving
6laborers, workers or mechanics. This includes any maintenance,
7repair, assembly, or disassembly work performed on equipment
8whether owned, leased, or rented.
9    "Locality" means the county where the physical work upon
10public works is performed, except (1) that if there is not
11available in the county a sufficient number of competent
12skilled laborers, workers and mechanics to construct the public
13works efficiently and properly, "locality" includes any other
14county nearest the one in which the work or construction is to
15be performed and from which such persons may be obtained in
16sufficient numbers to perform the work and (2) that, with
17respect to contracts for highway work with the Department of
18Transportation of this State, "locality" may at the discretion
19of the Secretary of the Department of Transportation be
20construed to include two or more adjacent counties from which
21workers may be accessible for work on such construction.
22    "Public body" means the State or any officer, board or
23commission of the State or any political subdivision or
24department thereof, or any institution supported in whole or in
25part by public funds, and includes every county, city, town,
26village, township, school district, irrigation, utility,



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1reclamation improvement or other district and every other
2political subdivision, district or municipality of the state
3whether such political subdivision, municipality or district
4operates under a special charter or not.
5    The terms "general prevailing rate of hourly wages",
6"general prevailing rate of wages" or "prevailing rate of
7wages" when used in this Act mean the hourly cash wages plus
8annualized fringe benefits for training and apprenticeship
9programs approved by the U.S. Department of Labor, Bureau of
10Apprenticeship and Training, health and welfare, insurance,
11vacations and pensions paid generally, in the locality in which
12the work is being performed, to employees engaged in work of a
13similar character on public works.
14(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
15eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
16eff. 8-23-11.)
17    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
18    Sec. 5. Certified payroll.
19    (a) Any contractor and each subcontractor who participates
20in 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.
7    (b) Upon 7 business days' notice, the contractor and each
8subcontractor shall make available for inspection and copying
9at a location within this State during reasonable hours, the
10records identified in paragraph (1) of subsection (a) of this
11Section to the public body in charge of the project, its
12officers and agents, the Director of Labor and his deputies and
13agents, and to federal, State, or local law enforcement
14agencies and prosecutors.
15    (c) A contractor or subcontractor who remits contributions
16to fringe benefit funds that are jointly maintained and jointly
17governed by one or more employers and one or more labor
18organizations in accordance with the federal Labor Management
19Relations Act shall make and keep certified payroll records
20that include the information required under items (i) through
21(viii) of paragraph (1) of subsection (a) only. However, the
22information required under items (ix) through (xiv) of
23paragraph (1) of subsection (a) shall be required for any
24contractor or subcontractor who remits contributions to a
25fringe benefit fund that is not jointly maintained and jointly
26governed by one or more employers and one or more labor



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1organizations in accordance with the federal Labor Management
2Relations Act.
3(Source: P.A. 97-571, eff. 1-1-12.)
4    (820 ILCS 130/5.1 new)
5    Sec. 5.1. Electronic database. Subject to appropriation,
6the Department shall develop and maintain an electronic
7database capable of accepting and retaining certified payrolls
8submitted under this Act. The database shall accept certified
9payroll forms provided by the Department that are fillable and
10designed to accept electronic signatures.