Full Text of HB0922 98th General Assembly
HB0922ham002 98TH GENERAL ASSEMBLY | Rep. Frances Ann Hurley Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 922
| 2 | | AMENDMENT NO. ______. Amend House Bill 922 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Sections 5, 11, and 11a as follows:
| 6 | | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| 7 | | Sec. 5. Certified payroll.
| 8 | | (a) Any contractor and each subcontractor who participates | 9 | | 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 made before the | 12 | | effective date of this amendatory Act of the 98th General | 13 | | Assembly and for a period of 10 years from the date of the | 14 | | last payment made on or after the effective date of this | 15 | | amendatory Act of the 98th General Assembly on a contract | 16 | | or subcontract for public works, records of all laborers, |
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| 1 | | mechanics, and other workers employed by them on the | 2 | | project; the records shall include each worker's name, | 3 | | address, telephone number
when available, social security | 4 | | number, classification or classifications, the hourly | 5 | | wages paid in each pay period, the number of hours worked | 6 | | each day, and the starting and ending times of work each | 7 | | day; and | 8 | | (2) no later than the tenth day of each calendar month | 9 | | file a certified payroll for the immediately preceding | 10 | | month with the public body in charge of the project. A | 11 | | certified payroll must be filed for only those calendar | 12 | | months during which construction on a public works project | 13 | | has occurred. The certified payroll shall consist of a | 14 | | complete copy of the records identified in paragraph (1) of | 15 | | this subsection (a), but may exclude the starting and | 16 | | ending times of work each day. The certified payroll shall | 17 | | be accompanied by a statement signed by the contractor or | 18 | | subcontractor or an officer, employee, or agent of the | 19 | | contractor or subcontractor which avers that: (i) he or she | 20 | | has examined the certified payroll records required to be | 21 | | submitted by the Act and such records are true and | 22 | | accurate; (ii) the hourly rate paid to each worker is not | 23 | | less than the general prevailing rate of hourly wages | 24 | | required by this Act; and (iii) the contractor or | 25 | | subcontractor is aware that filing a certified payroll that | 26 | | he or she knows to be false is a Class A misdemeanor. A |
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| 1 | | general contractor is not prohibited from relying on the | 2 | | certification of a lower tier subcontractor, provided the | 3 | | general contractor does not knowingly rely upon a | 4 | | subcontractor's false certification. Any contractor or | 5 | | subcontractor subject to this Act and any officer, | 6 | | employee, or agent of such contractor or subcontractor | 7 | | whose duty as such officer, employee, or agent it is to | 8 | | file such certified payroll who willfully fails to file | 9 | | such a certified payroll on or before the date such | 10 | | certified payroll is required by this paragraph to be filed | 11 | | and any person who willfully files a false certified | 12 | | payroll that is false as to any material fact is in | 13 | | violation of this Act and guilty of a Class A misdemeanor. | 14 | | The public body in charge of the project shall keep the | 15 | | records submitted in accordance with this paragraph (2) of | 16 | | subsection (a) before the effective date of this amendatory | 17 | | Act of the 98th General Assembly for a period of not less | 18 | | than 3 years , and the records submitted in accordance with | 19 | | this paragraph (2) of subsection (a) on or after the | 20 | | effective date of this amendatory Act of the 98th General | 21 | | Assembly for a period of 10 years, from the date of the | 22 | | last payment for work on a contract or subcontract for | 23 | | public works. The records submitted in accordance with this | 24 | | paragraph (2) of subsection (a) shall be considered public | 25 | | records, except an employee's address, telephone number, | 26 | | and social security number, and made available in |
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| 1 | | accordance with the Freedom of Information Act. The public | 2 | | body shall accept any reasonable submissions by the | 3 | | contractor that meet the requirements of this Section.
| 4 | | (b) Upon 7 business days' notice, the contractor and each | 5 | | subcontractor shall make available for inspection and copying | 6 | | at a location within this State during reasonable hours, the | 7 | | records identified in paragraph (1) of subsection (a) of this | 8 | | Section to the public body
in charge of the project, its | 9 | | officers and agents, the Director of Labor
and his deputies and | 10 | | agents, and to federal, State, or local law enforcement | 11 | | agencies and prosecutors. | 12 | | (Source: P.A. 97-571, eff. 1-1-12.)
| 13 | | (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
| 14 | | Sec. 11. No public works project shall be instituted unless | 15 | | the
provisions of this Act have been complied with. The | 16 | | provisions of this
Act shall not be applicable to Federal | 17 | | construction projects which
require a prevailing wage | 18 | | determination by the United States Secretary
of Labor. The | 19 | | Illinois Department of Labor represented by the Attorney
| 20 | | General is empowered to sue for injunctive relief against the | 21 | | awarding of
any contract or the continuation of work under any | 22 | | contract for public works
at a time when the prevailing wage | 23 | | prerequisites have not been met. Any
contract for public works | 24 | | awarded at a time when the prevailing wage prerequisites
had | 25 | | not been met shall be void as against public policy and the |
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| 1 | | contractor
is prohibited from recovering any damages
for the | 2 | | voiding of the contract or pursuant to the terms of the | 3 | | contract.
The contractor is limited to a claim for amounts | 4 | | actually paid for labor
and materials supplied to the public | 5 | | body. Where objections to a determination
of the prevailing | 6 | | rate of
wages or a court action relative thereto is pending, | 7 | | the public body
shall not continue work on the project unless | 8 | | sufficient funds are
available to pay increased wages if such | 9 | | are finally determined or
unless the Department of Labor | 10 | | certifies such determination of the
prevailing rate of wages as | 11 | | correct.
| 12 | | Any laborer, worker or mechanic employed by the contractor | 13 | | or by any sub-contractor
under him who is paid for his services | 14 | | in a sum less than the stipulated
rates for work done under | 15 | | such contract, shall
have a right of action for whatever | 16 | | difference there may be between the
amount so paid, and the | 17 | | rates provided by the contract together with
costs and such | 18 | | reasonable attorney's fees as
shall be allowed by the court. | 19 | | Such contractor or subcontractor shall also
be liable to the
| 20 | | Department of Labor for
20% of
such underpayments and shall be | 21 | | additionally liable to the laborer, worker
or mechanic for | 22 | | punitive damages in the amount of
2% of the amount of any
such | 23 | | penalty to the
State for underpayments for each month following | 24 | | the date of payment during
which such underpayments
remain | 25 | | unpaid. Where a second or subsequent action to recover | 26 | | underpayments is brought against a contractor or subcontractor |
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| 1 | | and the contractor or subcontractor is found liable for | 2 | | underpayments to any laborer, worker, or mechanic, the | 3 | | contractor or subcontractor shall also be liable to the | 4 | | Department of Labor for 50% of the underpayments payable as a | 5 | | result of the second or subsequent action, and shall be | 6 | | additionally liable for 5% of the amount of any such penalty to | 7 | | the State for underpayments for each month following the date | 8 | | of payment during which the underpayments remain unpaid. The | 9 | | Department shall also have a right of action on behalf
of any | 10 | | individual who has a right of action under this Section. An | 11 | | action brought
to recover same shall be deemed to be a suit for | 12 | | wages, and any and all
judgments entered therein shall have the | 13 | | same force and effect as other
judgments for wages.
The action | 14 | | shall be brought within 10 years from the date of the failure | 15 | | to pay the wages or compensation. At the request of any | 16 | | laborer, workman or mechanic
employed by the contractor or by | 17 | | any subcontractor under him who is paid
less than the | 18 | | prevailing wage rate required by this Act, the Department
of | 19 | | Labor may take an assignment of such wage claim in trust for | 20 | | the assigning
laborer, workman or mechanic and may bring any | 21 | | legal action necessary to
collect such claim, and the | 22 | | contractor or subcontractor shall be required
to pay the costs | 23 | | incurred in collecting such claim.
| 24 | | (Source: P.A. 94-488, eff. 1-1-06.)
| 25 | | (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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| 1 | | Sec. 11a. The Director of the Department of Labor shall | 2 | | publish in the
Illinois Register no less often than once each | 3 | | calendar quarter a list of
contractors or subcontractors found | 4 | | to have disregarded their obligations
to employees under this | 5 | | Act. The Department of Labor shall determine the
contractors or | 6 | | subcontractors who, before the effective date of this | 7 | | amendatory Act of the 98th General Assembly on 2 separate | 8 | | occasions within 5 years , have been
determined to have violated | 9 | | the provisions of this Act on 2 separate occasions within 5 | 10 | | years and who, on or after the effective date of this | 11 | | amendatory Act of the 98th General Assembly, have been | 12 | | determined to have violated the provisions of this Act of 2 | 13 | | separate occasions within 10 years . Upon such
determination the | 14 | | Department shall notify the violating
contractor or | 15 | | subcontractor. Such contractor or subcontractor shall then
| 16 | | have 10 working days to request a hearing by the Department on | 17 | | the alleged
violations. Failure to respond within the 10 | 18 | | working day period shall
result in automatic and immediate | 19 | | placement and publication on the list.
If the contractor or | 20 | | subcontractor requests a hearing within the 10 working
day | 21 | | period, the Director shall set a hearing on the alleged | 22 | | violations.
Such hearing shall take place no later than 45 | 23 | | calendar days after the
receipt by the Department of Labor of | 24 | | the request for a hearing.
The Department of Labor is empowered | 25 | | to promulgate, adopt, amend and rescind
rules and regulations | 26 | | to govern the hearing procedure. No contract shall
be awarded |
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| 1 | | to a contractor or subcontractor appearing on the list, or to
| 2 | | any firm, corporation, partnership or association in which such | 3 | | contractor
or subcontractor has an interest until 4 years have | 4 | | elapsed from the date
of publication of the list containing the | 5 | | name of such contractor or
subcontractor. | 6 | | A contractor or subcontractor convicted or found guilty | 7 | | under Section 5 or 6 of this Act shall be subject to an | 8 | | automatic and immediate debarment, thereafter prohibited from | 9 | | participating in any public works project for 4 years, with no | 10 | | right to a hearing.
| 11 | | (Source: P.A. 97-571, eff. 1-1-12.)".
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