| ||||
| Public Act 097-0571 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
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 | ||||
Sections 5, 6, and 11a as follows:
| ||||
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| ||||
Sec. 5. Certified payroll.
| ||||
(a) Any While participating on public works, the 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 submit monthly, in person, by mail, or electronically | ||||
a certified payroll for the immediately preceding month | ||||
with to 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: (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 B 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 submit a certified payroll on or before the date such | ||
certified payroll is required by this paragraph to be filed | ||
and any person who willfully or knowingly 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 B | ||
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.
| ||
(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, and to the Director of Labor
and his | ||
deputies and agents, and to federal, State, or local law | ||
enforcement agencies and prosecutors. Upon 7 business days' | ||
notice, the contractor and each subcontractor shall make such | ||
records available at all reasonable hours at a location within | ||
this State. | ||
(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05; | ||
94-1023, eff. 7-12-06.)
| ||
(820 ILCS 130/6) (from Ch. 48, par. 39s-6)
| ||
Sec. 6. Any officer, agent or representative of any public | ||
body who
wilfully violates, or willfully fails omits to comply | ||
with, any of the provisions of
this Act, and any contractor or | ||
subcontractor, and any officer, employee, or agent or
| ||
representative thereof, who as such officer, employee, or | ||
agent, has a duty to create, keep, maintain, or produce any | ||
record or document required by this Act to be created, kept, | ||
maintained, or produced who willfully fails to create, keep, | ||
maintain, or produce such record or document as or when | ||
required by this Act, doing public work as aforesaid, who | ||
neglects to
keep, or cause to be kept, an accurate record of | ||
the names, occupation
and actual wages paid to each laborer, | ||
worker and mechanic employed by
him, in connection with the | ||
public work or who refuses to allow access
to same at any | ||
reasonable hour to any person authorized to inspect same
under | ||
this Act, is guilty of a Class A misdemeanor.
| ||
The Department of Labor shall inquire diligently as to any | ||
violation
of this Act, shall institute actions for penalties | ||
herein prescribed,
and shall enforce generally the provisions | ||
of this Act. The Attorney
General shall prosecute such cases | ||
upon complaint by the Department or
any interested person.
| ||
(Source: P.A. 94-488, eff. 1-1-06.)
| ||
(820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
| ||
Sec. 11a. The Director of the Department of Labor shall | ||
publish in the
Illinois Register no less often than once each | ||
calendar quarter a list of
contractors or subcontractors found | ||
to have disregarded their obligations
to employees under this | ||
Act. The Department of Labor shall determine the
contractors or | ||
subcontractors who, on 2 separate occasions within 5 years, | ||
have been
determined to have violated the provisions of this | ||
Act. Upon such
determination the Department shall notify the | ||
violating
contractor or subcontractor. Such contractor or | ||
subcontractor shall then
have 10 working days to request a | ||
hearing by the Department on the alleged
violations. Failure to | ||
respond within the 10 working day period shall
result in | ||
automatic and immediate placement and publication on the list.
| ||
If the contractor or subcontractor requests a hearing within | ||
the 10 working
day period, the Director shall set a hearing on | ||
the alleged violations.
Such hearing shall take place no later | ||
than 45 calendar days after the
receipt by the Department of | ||
Labor of the request for a hearing.
The Department of Labor is | ||
empowered to promulgate, adopt, amend and rescind
rules and | ||
regulations to govern the hearing procedure. No contract shall
| ||
be awarded to a contractor or subcontractor appearing on the | ||
list, or to
any firm, corporation, partnership or association | ||
in which such contractor
or subcontractor has an interest until | ||
4 years have elapsed from the date
of publication of the list | ||
containing the name of such contractor or
subcontractor. | ||
A contractor or subcontractor convicted or found guilty | ||
under Section 5 or 6 of this 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.
| ||
(Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2012.
| ||