Rep. William Davis

Filed: 11/13/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 203 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 to increase female and
19minority participation 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    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)



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



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1    and
2        (2) no later than the 15th day of each calendar month
3    file a certified payroll for the immediately preceding
4    month with the public body in charge of the project until
5    the Department of Labor activates the database created
6    under Section 5.1 at which time certified payroll shall
7    only be submitted to that database, except for projects
8    done by State agencies that opt to have contractors submit
9    certified payrolls directly to that State agency. A State
10    agency that opts to directly receive certified payrolls
11    must submit the required information in a specified
12    electronic format to the Department of Labor no later than
13    10 days after the certified payroll was filed with the
14    State agency. A certified payroll must be filed for only
15    those calendar months during which construction on a public
16    works project has occurred. The certified payroll shall
17    consist of a complete copy of the records identified in
18    paragraph (1) of this subsection (a), but may exclude the
19    starting and ending times of work each day. The certified
20    payroll shall be accompanied by a statement signed by the
21    contractor or subcontractor or an officer, employee, or
22    agent of the contractor or subcontractor which avers that:
23    (i) he or she has examined the certified payroll records
24    required to be submitted by the Act and such records are
25    true and accurate; (ii) the hourly rate paid to each worker
26    is not less than the general prevailing rate of hourly



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



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1    Section 5.1, whichever is less. After the activation of the
2    database created under Section 5.1, the Department of Labor
3    rather than the public body in charge of the project shall
4    keep the records and maintain the database. The records
5    submitted in accordance with this paragraph (2) of
6    subsection (a) shall be considered public records, except
7    an employee's address, telephone number, and social
8    security number, race, ethnicity, and gender, and made
9    available in accordance with the Freedom of Information
10    Act. The public body shall accept any reasonable
11    submissions by the contractor that meet the requirements of
12    this Section.
13    A contractor, subcontractor, or public body may retain
14records required under this Section in paper or electronic
16    (b) Upon 7 business days' notice, the contractor and each
17subcontractor shall make available for inspection and copying
18at a location within this State during reasonable hours, the
19records identified in paragraph (1) of subsection (a) of this
20Section to the public body in charge of the project, its
21officers and agents, the Director of Labor and his deputies and
22agents, and to federal, State, or local law enforcement
23agencies and prosecutors.
24    (c) A contractor or subcontractor who remits contributions
25to fringe benefit funds that are 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 shall make and keep certified payroll records
3that include the information required under items (i) through
4(viii) of paragraph (1) of subsection (a) only. However, the
5information required under items (ix) through (xiv) of
6paragraph (1) of subsection (a) shall be required for any
7contractor or subcontractor who remits contributions to a
8fringe benefit fund that is not jointly maintained and jointly
9governed by one or more employers and one or more labor
10organizations in accordance with the federal Labor Management
11Relations Act.
12(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
13eff. 1-1-14; 98-756, eff. 7-16-14.)
14    (820 ILCS 130/5.1)
15    Sec. 5.1. Electronic database. The Subject to
16appropriation, the Department shall develop and maintain an
17electronic database capable of accepting and retaining
18certified payrolls submitted under this Act no later than April
191, 2019. The database shall accept certified payroll forms
20provided by the Department that are fillable and designed to
21accept electronic signatures.
22(Source: P.A. 98-482, eff. 1-1-14.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".