Illinois General Assembly - Full Text of SB0203
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Full Text of SB0203  100th General Assembly


Sen. Kimberly A. Lightford

Filed: 5/24/2018





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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 shall analyze the
3extent to which, in each county in the State, public works
4projects employed workers who resided in the county at the time
5the project was performed. The report to the General Assembly
6shall be filed with the Clerk of the House of Representatives
7and the Secretary of the Senate in electronic form only, in the
8manner that the clerk and Secretary shall direct.
9    (820 ILCS 130/3.2 new)
10    Sec. 3.2. Employment of females and minorities on public
12    (a) The Department of Labor shall study and report on the
13participation of females and minorities on public works in
14Illinois. The Department of Labor shall use certified payrolls
15collected under Section 5.1 to obtain this information. The
16Department of Labor shall use the same categories for gender,
17race, and ethnicity as the U.S. Census Bureau for data
18collected under Section 5.
19    (b) No later than December 31, 2020, the Department of
20Labor shall create recommendations for female and minority
21participation on public works projects by county. The
22Department of Labor shall use its own study, data from the U.S.
23Department of Labor's goals for Davis-Bacon Act covered
24projects, and any available data from the State or federal



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1    (c) The Department of Labor shall adopt rules to implement
2this Section.
3    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
4    Sec. 5. Certified payroll.
5    (a) Any contractor and each subcontractor who participates
6in public works shall:
7        (1) make and keep, for a period of not less than 3
8    years from the date of the last payment made before January
9    1, 2014 (the effective date of Public Act 98-328) and for a
10    period of 5 years from the date of the last payment made on
11    or after January 1, 2014 (the effective date of Public Act
12    98-328) on a contract or subcontract for public works,
13    records of all laborers, mechanics, and other workers
14    employed by them on the project; the records shall include
15    (i) the worker's name, (ii) the worker's address, (iii) the
16    worker's telephone number when available, (iv) the last 4
17    digits of the worker's social security number, (v) the
18    worker's gender, (vi) the worker's race, (vii) the worker's
19    ethnicity, (viii) veteran status, (ix) the worker's
20    classification or classifications, (x) (vi) the worker's
21    gross and net wages paid in each pay period, (xi) (vii) the
22    worker's number of hours worked each day, (xii) (viii) the
23    worker's starting and ending times of work each day, (xiii)
24    (ix) the worker's hourly wage rate, (xiv) (x) the worker's
25    hourly overtime wage rate, (xv) (xi) the worker's hourly



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1    fringe benefit rates, (xvi) (xii) the name and address of
2    each fringe benefit fund, (xvii) (xiii) the plan sponsor of
3    each fringe benefit, if applicable, and (xviii) (xiv) the
4    plan administrator of each fringe benefit, if applicable;
5    and
6        (2) no later than the 15th day of each calendar month
7    file a certified payroll for the immediately preceding
8    month with the public body in charge of the project until
9    the Department of Labor activates the database created
10    under Section 5.1 at which time certified payroll shall
11    only be submitted to that database, except for projects
12    done by State agencies that opt to have contractors submit
13    certified payrolls directly to that State agency. A State
14    agency that opts to directly receive certified payrolls
15    must submit the required information in a specified
16    electronic format to the Department of Labor no later than
17    10 days after the certified payroll was filed with the
18    State agency. A certified payroll must be filed for only
19    those calendar months during which construction on a public
20    works project has occurred. The certified payroll shall
21    consist of a complete copy of the records identified in
22    paragraph (1) of this subsection (a), but may exclude the
23    starting and ending times of work each day. The certified
24    payroll shall be accompanied by a statement signed by the
25    contractor or subcontractor or an officer, employee, or
26    agent of the contractor or subcontractor which avers that:



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



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1    (the effective date of Public Act 98-328) for a period of 5
2    years, from the date of the last payment for work on a
3    contract or subcontract for public works or until the
4    Department of Labor activates the database created under
5    Section 5.1, whichever is less. After the activation of the
6    database created under Section 5.1, the Department of Labor
7    rather than the public body in charge of the project shall
8    keep the records and maintain the database. 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, race, ethnicity, and gender, and made
13    available in accordance with the Freedom of Information
14    Act. The public body shall accept any reasonable
15    submissions by the contractor that meet the requirements of
16    this Section.
17    A contractor, subcontractor, or public body may retain
18records required under this Section in paper or electronic
20    (b) Upon 7 business days' notice, the contractor and each
21subcontractor shall make available for inspection and copying
22at a location within this State during reasonable hours, the
23records identified in paragraph (1) of subsection (a) of this
24Section to the public body in charge of the project, its
25officers and agents, the Director of Labor and his deputies and
26agents, and to federal, State, or local law enforcement



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1agencies and prosecutors.
2    (c) A contractor or subcontractor who remits contributions
3to fringe benefit funds that are 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 shall make and keep certified payroll records
7that include the information required under items (i) through
8(viii) of paragraph (1) of subsection (a) only. However, the
9information required under items (ix) through (xiv) of
10paragraph (1) of subsection (a) shall be required for any
11contractor or subcontractor who remits contributions to a
12fringe benefit fund that is not jointly maintained and jointly
13governed by one or more employers and one or more labor
14organizations in accordance with the federal Labor Management
15Relations Act.
16    (d) The Department of Labor shall adopt rules to implement
17this Section.
18(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
19eff. 1-1-14; 98-756, eff. 7-16-14.)
20    (820 ILCS 130/5.1)
21    Sec. 5.1. Electronic database. The Subject to
22appropriation, the Department shall develop and maintain an
23electronic database capable of accepting and retaining
24certified payrolls submitted under this Act no later than April
251, 2019. The database shall accept certified payroll forms



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1provided by the Department that are fillable and designed to
2accept electronic signatures. The Department of Labor shall
3adopt rules to implement this Section.
4(Source: P.A. 98-482, eff. 1-1-14.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".