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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 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
17collected on certified payroll, of the individual's residence
18during employment on public works. The report to the General
19Assembly shall be filed with the Clerk of the House of
20Representatives and the Secretary of the Senate in electronic
21form only, in the manner that the Clerk and Secretary shall



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1    (820 ILCS 130/3.2 new)
2    Sec. 3.2. Employment of females and minorities on public
4    (a) The Department of Labor shall study and report on the
5participation of females and minorities on public works in
6Illinois. The Department of Labor shall use certified payrolls
7collected under Section 5.1 to obtain this information. The
8Department of Labor shall use the same categories for gender,
9race, and ethnicity as the U.S. Census Bureau for data
10collected under Section 5.
11    (b) No later than December 31, 2020, the Department of
12Labor shall create recommendations for female and minority
13participation on public works projects by county. The
14Department of Labor shall use its own study, data from the U.S.
15Department of Labor's goals for Davis-Bacon Act covered
16projects, and any available data from the State or federal
18    (c) The Department of Labor shall adopt rules to implement
19this Section.
20    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
21    Sec. 5. Certified payroll.
22    (a) Any contractor and each subcontractor who participates
23in public works shall:
24        (1) make and keep, for a period of not less than 3
25    years from the date of the last payment made before January



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1    1, 2014 (the effective date of Public Act 98-328) and for a
2    period of 5 years from the date of the last payment made on
3    or after January 1, 2014 (the effective date of Public Act
4    98-328) on a contract or subcontract for public works,
5    records of all laborers, mechanics, and other workers
6    employed by them on the project; the records shall include
7    (i) the worker's name, (ii) the worker's address, (iii) the
8    worker's telephone number when available, (iv) the last 4
9    digits of the worker's social security number, (v) the
10    worker's gender, (vi) the worker's race, (vii) the worker's
11    ethnicity, (viii) veteran status, (ix) the worker's
12    classification or classifications, (x) (vi) the worker's
13    gross and net wages paid in each pay period, (xi) (vii) the
14    worker's number of hours worked each day, (xii) (viii) the
15    worker's starting and ending times of work each day, (xiii)
16    (ix) the worker's hourly wage rate, (xiv) (x) the worker's
17    hourly overtime wage rate, (xv) (xi) the worker's hourly
18    fringe benefit rates, (xvi) (xii) the name and address of
19    each fringe benefit fund, (xvii) (xiii) the plan sponsor of
20    each fringe benefit, if applicable, and (xviii) (xiv) the
21    plan administrator of each fringe benefit, if applicable;
22    and
23        (2) no later than the 15th day of each calendar month
24    file a certified payroll for the immediately preceding
25    month with the public body in charge of the project until
26    the Department of Labor activates the database created



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



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1    general contractor does not knowingly rely upon a
2    subcontractor's false certification. Any contractor or
3    subcontractor subject to this Act and any officer,
4    employee, or agent of such contractor or subcontractor
5    whose duty as such officer, employee, or agent it is to
6    file such certified payroll who willfully fails to file
7    such a certified payroll on or before the date such
8    certified payroll is required by this paragraph to be filed
9    and any person who willfully files a false certified
10    payroll that is false as to any material fact is in
11    violation of this Act and guilty of a Class A misdemeanor.
12    The public body in charge of the project shall keep the
13    records submitted in accordance with this paragraph (2) of
14    subsection (a) before January 1, 2014 (the effective date
15    of Public Act 98-328) for a period of not less than 3
16    years, and the records submitted in accordance with this
17    paragraph (2) of subsection (a) on or after January 1, 2014
18    (the effective date of Public Act 98-328) for a period of 5
19    years, from the date of the last payment for work on a
20    contract or subcontract for public works or until the
21    Department of Labor activates the database created under
22    Section 5.1, whichever is less. After the activation of the
23    database created under Section 5.1, the Department of Labor
24    rather than the public body in charge of the project shall
25    keep the records and maintain the database. The records
26    submitted in accordance with this paragraph (2) of



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1    subsection (a) shall be considered public records, except
2    an employee's address, telephone number, and social
3    security number, race, ethnicity, and gender, and made
4    available in accordance with the Freedom of Information
5    Act. The public body shall accept any reasonable
6    submissions by the contractor that meet the requirements of
7    this Section.
8    A contractor, subcontractor, or public body may retain
9records required under this Section in paper or electronic
11    (b) Upon 7 business days' notice, the contractor and each
12subcontractor shall make available for inspection and copying
13at a location within this State during reasonable hours, the
14records identified in paragraph (1) of subsection (a) of this
15Section to the public body in charge of the project, its
16officers and agents, the Director of Labor and his deputies and
17agents, and to federal, State, or local law enforcement
18agencies and prosecutors.
19    (c) A contractor or subcontractor who remits contributions
20to fringe benefit funds that are jointly maintained and jointly
21governed by one or more employers and one or more labor
22organizations in accordance with the federal Labor Management
23Relations Act shall make and keep certified payroll records
24that include the information required under items (i) through
25(viii) of paragraph (1) of subsection (a) only. However, the
26information required under items (ix) through (xiv) of



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1paragraph (1) of subsection (a) shall be required for any
2contractor or subcontractor who remits contributions to a
3fringe benefit fund that is not jointly maintained and jointly
4governed by one or more employers and one or more labor
5organizations in accordance with the federal Labor Management
6Relations Act.
7    (d) The Department of Labor shall adopt rules to implement
8this Section.
9(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
10eff. 1-1-14; 98-756, eff. 7-16-14.)
11    (820 ILCS 130/5.1)
12    Sec. 5.1. Electronic database. The Subject to
13appropriation, the Department shall develop and maintain an
14electronic database capable of accepting and retaining
15certified payrolls submitted under this Act no later than April
161, 2019. The database shall accept certified payroll forms
17provided by the Department that are fillable and designed to
18accept electronic signatures. The Department of Labor shall
19adopt rules to implement this Section.
20(Source: P.A. 98-482, eff. 1-1-14.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.