Sen. Kimberly A. Lightford

Filed: 5/30/2018





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2    AMENDMENT NO. ______. Amend House Bill 5166 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Prevailing Wage Act is amended by changing
5Sections 5 and 5.1 and by adding Sections 3.1 and 3.2 as
7    (820 ILCS 130/3.1 new)
8    Sec. 3.1. Employment of local laborers; report. The
9Department of Labor shall report annually, no later than
10February 1, to the General Assembly and the Governor the number
11of people employed on public works in the State during the
12preceding calendar year. This report shall include the total
13number of people employed and the total number of hours worked
14on public works both statewide and by county. Additionally, the
15report shall include the total number of people employed and
16the hours worked on public works by the 5-digit zip code, as



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1collected on certified payroll, of the individual's residence
2during employment on public works. The report to the General
3Assembly shall be filed with the Clerk of the House of
4Representatives and the Secretary of the Senate in electronic
5form only, in the manner that the clerk and Secretary shall
7    (820 ILCS 130/3.2 new)
8    Sec. 3.2. Employment of females and minorities on public
10    (a) The Department of Labor shall study and report on the
11participation of females and minorities on public works in
12Illinois. The Department of Labor shall use certified payrolls
13collected under Section 5.1 to obtain this information. The
14Department of Labor shall use the same categories for gender,
15race, and ethnicity as the U.S. Census Bureau for data
16collected under Section 5.
17    (b) No later than December 31, 2020, the Department of
18Labor shall create recommendations for female and minority
19participation on public works projects by county. The
20Department of Labor shall use its own study, data from the U.S.
21Department of Labor's goals for Davis-Bacon Act covered
22projects, and any available data from the State or federal
24    (c) The Department of Labor shall adopt rules to implement
25this Section.



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1    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
2    Sec. 5. Certified payroll.
3    (a) Any contractor and each subcontractor who participates
4in public works shall:
5        (1) make and keep, for a period of not less than 3
6    years from the date of the last payment made before January
7    1, 2014 (the effective date of Public Act 98-328) and for a
8    period of 5 years from the date of the last payment made on
9    or after January 1, 2014 (the effective date of Public Act
10    98-328) on a contract or subcontract for public works,
11    records of all laborers, mechanics, and other workers
12    employed by them on the project; the records shall include
13    (i) the worker's name, (ii) the worker's address, (iii) the
14    worker's telephone number when available, (iv) the last 4
15    digits of the worker's social security number, (v) the
16    worker's gender, (vi) the worker's race, (vii) the worker's
17    ethnicity, (viii) veteran status, (ix) the worker's
18    classification or classifications, (x) (vi) the worker's
19    gross and net wages paid in each pay period, (xi) (vii) the
20    worker's number of hours worked each day, (xii) (viii) the
21    worker's starting and ending times of work each day, (xiii)
22    (ix) the worker's hourly wage rate, (xiv) (x) the worker's
23    hourly overtime wage rate, (xv) (xi) the worker's hourly
24    fringe benefit rates, (xvi) (xii) the name and address of
25    each fringe benefit fund, (xvii) (xiii) the plan sponsor of



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1    each fringe benefit, if applicable, and (xviii) (xiv) the
2    plan administrator of each fringe benefit, if applicable;
3    and
4        (2) no later than the 15th day of each calendar month
5    file a certified payroll for the immediately preceding
6    month with the public body in charge of the project until
7    the Department of Labor activates the database created
8    under Section 5.1 at which time certified payroll shall
9    only be submitted to that database, except for projects
10    done by State agencies that opt to have contractors submit
11    certified payrolls directly to that State agency. A State
12    agency that opts to directly receive certified payrolls
13    must submit the required information in a specified
14    electronic format to the Department of Labor no later than
15    10 days after the certified payroll was filed with the
16    State agency. A certified payroll must be filed for only
17    those calendar months during which construction on a public
18    works project has occurred. The certified payroll shall
19    consist of a complete copy of the records identified in
20    paragraph (1) of this subsection (a), but may exclude the
21    starting and ending times of work each day. The certified
22    payroll shall be accompanied by a statement signed by the
23    contractor or subcontractor or an officer, employee, or
24    agent of the contractor or subcontractor which avers that:
25    (i) he or she has examined the certified payroll records
26    required to be submitted by the Act and such records are



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1    true and accurate; (ii) the hourly rate paid to each worker
2    is not less than the general prevailing rate of hourly
3    wages required by this Act; and (iii) the contractor or
4    subcontractor is aware that filing a certified payroll that
5    he or she knows to be false is a Class A misdemeanor. A
6    general contractor is not prohibited from relying on the
7    certification of a lower tier subcontractor, provided the
8    general contractor does not knowingly rely upon a
9    subcontractor's false certification. Any contractor or
10    subcontractor subject to this Act and any officer,
11    employee, or agent of such contractor or subcontractor
12    whose duty as such officer, employee, or agent it is to
13    file such certified payroll who willfully fails to file
14    such a certified payroll on or before the date such
15    certified payroll is required by this paragraph to be filed
16    and any person who willfully files a false certified
17    payroll that is false as to any material fact is in
18    violation of this Act and guilty of a Class A misdemeanor.
19    The public body in charge of the project shall keep the
20    records submitted in accordance with this paragraph (2) of
21    subsection (a) before January 1, 2014 (the effective date
22    of Public Act 98-328) for a period of not less than 3
23    years, and the records submitted in accordance with this
24    paragraph (2) of subsection (a) on or after January 1, 2014
25    (the effective date of Public Act 98-328) for a period of 5
26    years, from the date of the last payment for work on a



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1    contract or subcontract for public works or until the
2    Department of Labor activates the database created under
3    Section 5.1, whichever is less. After the activation of the
4    database created under Section 5.1, the Department of Labor
5    rather than the public body in charge of the project shall
6    keep the records and maintain the database. 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, race, ethnicity, and gender, and made
11    available in accordance with the Freedom of Information
12    Act. The public body shall accept any reasonable
13    submissions by the contractor that meet the requirements of
14    this Section.
15    A contractor, subcontractor, or public body may retain
16records required under this Section in paper or electronic
18    (b) Upon 7 business days' notice, the contractor and each
19subcontractor shall make available for inspection and copying
20at a location within this State during reasonable hours, the
21records identified in paragraph (1) of subsection (a) of this
22Section to the public body in charge of the project, its
23officers and agents, the Director of Labor and his deputies and
24agents, and to federal, State, or local law enforcement
25agencies and prosecutors.
26    (c) A contractor or subcontractor who remits contributions



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1to fringe benefit funds that are jointly maintained and jointly
2governed by one or more employers and one or more labor
3organizations in accordance with the federal Labor Management
4Relations Act shall make and keep certified payroll records
5that include the information required under items (i) through
6(viii) of paragraph (1) of subsection (a) only. However, the
7information required under items (ix) through (xiv) of
8paragraph (1) of subsection (a) shall be required for any
9contractor or subcontractor who remits contributions to a
10fringe benefit fund that is not jointly maintained and jointly
11governed by one or more employers and one or more labor
12organizations in accordance with the federal Labor Management
13Relations Act.
14    (d) The Department of Labor shall adopt rules to implement
15this Section.
16(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
17eff. 1-1-14; 98-756, eff. 7-16-14.)
18    (820 ILCS 130/5.1)
19    Sec. 5.1. Electronic database. The Subject to
20appropriation, the Department shall develop and maintain an
21electronic database capable of accepting and retaining
22certified payrolls submitted under this Act no later than April
231, 2019. The database shall accept certified payroll forms
24provided by the Department that are fillable and designed to
25accept electronic signatures. The Department of Labor shall



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1adopt rules to implement this Section.
2(Source: P.A. 98-482, eff. 1-1-14.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".