Illinois General Assembly - Full Text of HB3237
Illinois General Assembly

Previous General Assemblies

Full Text of HB3237  97th General Assembly




HB3237 EnrolledLRB097 10925 AEK 51483 b

1    AN ACT concerning employment.
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 5, 6, and 11a as follows:
6    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
7    Sec. 5. Certified payroll.
8    (a) Any While participating on public works, the contractor
9and each subcontractor who participates in public works shall:
10        (1) make and keep, for a period of not less than 3
11    years from the date of the last payment on a contract or
12    subcontract for public works, records of all laborers,
13    mechanics, and other workers employed by them on the
14    project; the records shall include each worker's name,
15    address, telephone number when available, social security
16    number, classification or classifications, the hourly
17    wages paid in each pay period, the number of hours worked
18    each day, and the starting and ending times of work each
19    day; and
20        (2) no later than the tenth day of each calendar month
21    file submit monthly, in person, by mail, or electronically
22    a certified payroll for the immediately preceding month
23    with to the public body in charge of the project. A



HB3237 Enrolled- 2 -LRB097 10925 AEK 51483 b

1    certified payroll must be filed for only those calendar
2    months during which construction on a public works project
3    has occurred. The certified payroll shall consist of a
4    complete copy of the records identified in paragraph (1) of
5    this subsection (a), but may exclude the starting and
6    ending times of work each day. The certified payroll shall
7    be accompanied by a statement signed by the contractor or
8    subcontractor or an officer, employee, or agent of the
9    contractor or subcontractor which avers that: (i) he or she
10    has examined the certified payroll records required to be
11    submitted by the Act and such records are true and
12    accurate; (ii) the hourly rate paid to each worker is not
13    less than the general prevailing rate of hourly wages
14    required by this Act; and (iii) the contractor or
15    subcontractor is aware that filing a certified payroll that
16    he or she knows to be false is a Class A B misdemeanor. A
17    general contractor is not prohibited from relying on the
18    certification of a lower tier subcontractor, provided the
19    general contractor does not knowingly rely upon a
20    subcontractor's false certification. Any contractor or
21    subcontractor subject to this Act and any officer,
22    employee, or agent of such contractor or subcontractor
23    whose duty as such officer, employee, or agent it is to
24    file such certified payroll who willfully fails to file
25    such submit a certified payroll on or before the date such
26    certified payroll is required by this paragraph to be filed



HB3237 Enrolled- 3 -LRB097 10925 AEK 51483 b

1    and any person who willfully or knowingly files a false
2    certified payroll that is false as to any material fact is
3    in violation of this Act and guilty of a Class A B
4    misdemeanor. The public body in charge of the project shall
5    keep the records submitted in accordance with this
6    paragraph (2) of subsection (a) for a period of not less
7    than 3 years from the date of the last payment for work on
8    a contract or subcontract for public works. The records
9    submitted in accordance with this paragraph (2) of
10    subsection (a) shall be considered public records, except
11    an employee's address, telephone number, and social
12    security number, and made available in accordance with the
13    Freedom of Information Act. The public body shall accept
14    any reasonable submissions by the contractor that meet the
15    requirements of this Section.
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, and to the Director of Labor and his
22deputies and agents, and to federal, State, or local law
23enforcement agencies and prosecutors. Upon 7 business days'
24notice, the contractor and each subcontractor shall make such
25records available at all reasonable hours at a location within
26this State.



HB3237 Enrolled- 4 -LRB097 10925 AEK 51483 b

1(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05;
294-1023, eff. 7-12-06.)
3    (820 ILCS 130/6)  (from Ch. 48, par. 39s-6)
4    Sec. 6. Any officer, agent or representative of any public
5body who wilfully violates, or willfully fails omits to comply
6with, any of the provisions of this Act, and any contractor or
7subcontractor, and any officer, employee, or agent or
8representative thereof, who as such officer, employee, or
9agent, has a duty to create, keep, maintain, or produce any
10record or document required by this Act to be created, kept,
11maintained, or produced who willfully fails to create, keep,
12maintain, or produce such record or document as or when
13required by this Act, doing public work as aforesaid, who
14neglects to keep, or cause to be kept, an accurate record of
15the names, occupation and actual wages paid to each laborer,
16worker and mechanic employed by him, in connection with the
17public work or who refuses to allow access to same at any
18reasonable hour to any person authorized to inspect same under
19this Act, is guilty of a Class A misdemeanor.
20    The Department of Labor shall inquire diligently as to any
21violation of this Act, shall institute actions for penalties
22herein prescribed, and shall enforce generally the provisions
23of this Act. The Attorney General shall prosecute such cases
24upon complaint by the Department or any interested person.
25(Source: P.A. 94-488, eff. 1-1-06.)



HB3237 Enrolled- 5 -LRB097 10925 AEK 51483 b

1    (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)
2    Sec. 11a. The Director of the Department of Labor shall
3publish in the Illinois Register no less often than once each
4calendar quarter a list of contractors or subcontractors found
5to have disregarded their obligations to employees under this
6Act. The Department of Labor shall determine the contractors or
7subcontractors who, on 2 separate occasions within 5 years,
8have been determined to have violated the provisions of this
9Act. Upon such determination the Department shall notify the
10violating contractor or subcontractor. Such contractor or
11subcontractor shall then have 10 working days to request a
12hearing by the Department on the alleged violations. Failure to
13respond within the 10 working day period shall result in
14automatic and immediate placement and publication on the list.
15If the contractor or subcontractor requests a hearing within
16the 10 working day period, the Director shall set a hearing on
17the alleged violations. Such hearing shall take place no later
18than 45 calendar days after the receipt by the Department of
19Labor of the request for a hearing. The Department of Labor is
20empowered to promulgate, adopt, amend and rescind rules and
21regulations to govern the hearing procedure. No contract shall
22be awarded to a contractor or subcontractor appearing on the
23list, or to any firm, corporation, partnership or association
24in which such contractor or subcontractor has an interest until
254 years have elapsed from the date of publication of the list



HB3237 Enrolled- 6 -LRB097 10925 AEK 51483 b

1containing the name of such contractor or subcontractor.
2    A contractor or subcontractor convicted or found guilty
3under Section 5 or 6 of this Act shall be subject to an
4automatic and immediate debarment, thereafter prohibited from
5participating in any public works project for 4 years, with no
6right to a hearing.
7(Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)
8    Section 99. Effective date. This Act takes effect January
91, 2012.