Synopsis As Introduced Amends the Prevailing Wage Act. Provides that contractors and subcontractors participating in public works shall keep records for at least three years from the date of the last payment on a contract or subcontract. Also provides that such contractors and subcontractors shall file a certified payroll for each month signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor and stating that he or she has examined the certified payroll records. Provides that when these specified individuals willfully fail to file or willfully file a false certified payroll, false as to a material fact, they are guilty of a Class 4 felony. Provides that a contractor or subcontractor shall make records available for inspection and copying, upon 3 business days' notice (instead of 7), to federal, State or local law enforcement agencies and prosecutors in addition to the public body in charge of the public works project and the Director of Labor and his deputies and agents. Provides that any contractor or subcontractor and any officer, employee or agent thereof who willfully fails to create, keep, maintain or produce a record or document required by the Prevailing Wage Act is guilty of a Class 4 felony. Provides that a contractor or subcontractor convicted under specific provisions of the 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. Effective January 1, 2012.
Senate Floor Amendment No. 1 Provides that a certified payroll must be filed for only those calendar months during which construction on a public works project has occurred. Changes several criminal penalties within the Prevailing Wage Act from Class 4 felonies, as previously proposed, to Class A misdemeanors. Restores prior language concerning notice for inspection. Provides that a contractor or subcontractor may be subject to debarment due to guilty verdict in addition to a conviction under specific sections of the Prevailing Wage Act.