Illinois 2025-2026 Regular Session

Illinois House Bill HB1054 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1054 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/5 from Ch. 48, par. 39s-5 Amends the Prevailing Wage Act. Provides that any contractor or subcontractor and any officer, employee, or agent of the contractor or subcontractor whose duty it is to file a certified payroll who willfully fails to file the certified payroll on or before the date the certified payroll is required to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of the Act and, in addition to being subject to penalties under the Act, is guilty of a Class A misdemeanor (currently, is in violation of the Act and guilty of a Class A misdemeanor). Makes a conforming change. LRB104 03164 SPS 13185 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1054 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/5 from Ch. 48, par. 39s-5 Amends the Prevailing Wage Act. Provides that any contractor or subcontractor and any officer, employee, or agent of the contractor or subcontractor whose duty it is to file a certified payroll who willfully fails to file the certified payroll on or before the date the certified payroll is required to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of the Act and, in addition to being subject to penalties under the Act, is guilty of a Class A misdemeanor (currently, is in violation of the Act and guilty of a Class A misdemeanor). Makes a conforming change. LRB104 03164 SPS 13185 b LRB104 03164 SPS 13185 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1054 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/5 from Ch. 48, par. 39s-5
4	4	820 ILCS 130/5 from Ch. 48, par. 39s-5
5	5	Amends the Prevailing Wage Act. Provides that any contractor or subcontractor and any officer, employee, or agent of the contractor or subcontractor whose duty it is to file a certified payroll who willfully fails to file the certified payroll on or before the date the certified payroll is required to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of the Act and, in addition to being subject to penalties under the Act, is guilty of a Class A misdemeanor (currently, is in violation of the Act and guilty of a Class A misdemeanor). Makes a conforming change.
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8	8	A BILL FOR
9	9	HB1054LRB104 03164 SPS 13185 b HB1054 LRB104 03164 SPS 13185 b
10	10	HB1054 LRB104 03164 SPS 13185 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Prevailing Wage Act is amended by changing
15	15	5 Section 5 as follows:
16	16	6 (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
17	17	7 Sec. 5. Certified payroll.
18	18	8 (a) Any contractor and each subcontractor who participates
19	19	9 in public works shall:
20	20	10 (1) make and keep, for a period of not less than 3
21	21	11 years from the date of the last payment made before
22	22	12 January 1, 2014 (the effective date of Public Act 98-328)
23	23	13 and for a period of 5 years from the date of the last
24	24	14 payment made on or after January 1, 2014 (the effective
25	25	15 date of Public Act 98-328) on a contract or subcontract
26	26	16 for public works, records of all laborers, mechanics, and
27	27	17 other workers employed by them on the project; the records
28	28	18 shall include (i) the worker's name, (ii) the worker's
29	29	19 address, (iii) the worker's telephone number when
30	30	20 available, (iv) the last 4 digits of the worker's social
31	31	21 security number, (v) the worker's gender, (vi) the
32	32	22 worker's race, (vii) the worker's ethnicity, (viii)
33	33	23 veteran status, (ix) the worker's classification or
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1054 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/5 from Ch. 48, par. 39s-5
39	39	820 ILCS 130/5 from Ch. 48, par. 39s-5
40	40	Amends the Prevailing Wage Act. Provides that any contractor or subcontractor and any officer, employee, or agent of the contractor or subcontractor whose duty it is to file a certified payroll who willfully fails to file the certified payroll on or before the date the certified payroll is required to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of the Act and, in addition to being subject to penalties under the Act, is guilty of a Class A misdemeanor (currently, is in violation of the Act and guilty of a Class A misdemeanor). Makes a conforming change.
41	41	LRB104 03164 SPS 13185 b LRB104 03164 SPS 13185 b
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43	43	A BILL FOR
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68	68	1 classifications, (x) the worker's skill level, such as
69	69	2 apprentice or journeyman, (xi) the worker's gross and net
70	70	3 wages paid in each pay period, (xii) the worker's number
71	71	4 of hours worked each day, (xiii) the worker's starting and
72	72	5 ending times of work each day, (xiv) the worker's hourly
73	73	6 wage rate, (xv) the worker's hourly overtime wage rate,
74	74	7 (xvi) the worker's hourly fringe benefit rates, (xvii) the
75	75	8 name and address of each fringe benefit fund, (xviii) the
76	76	9 plan sponsor of each fringe benefit, if applicable, and
77	77	10 (xix) the plan administrator of each fringe benefit, if
78	78	11 applicable; and
79	79	12 (2) no later than the 15th day of each calendar month
80	80	13 file a certified payroll for the immediately preceding
81	81	14 month with the public body in charge of the project until
82	82	15 the Department of Labor activates the database created
83	83	16 under Section 5.1 at which time certified payroll shall
84	84	17 only be submitted to that database, except for projects
85	85	18 done by State agencies that opt to have contractors submit
86	86	19 certified payrolls directly to that State agency. A State
87	87	20 agency that opts to directly receive certified payrolls
88	88	21 must submit the required information in a specified
89	89	22 electronic format to the Department of Labor no later than
90	90	23 10 days after the certified payroll was filed with the
91	91	24 State agency. A certified payroll must be filed for only
92	92	25 those calendar months during which construction on a
93	93	26 public works project has occurred. The certified payroll
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104	104	1 shall consist of a complete copy of the records identified
105	105	2 in paragraph (1) of this subsection (a), but may exclude
106	106	3 the starting and ending times of work each day. The
107	107	4 certified payroll shall be accompanied by a statement
108	108	5 signed by the contractor or subcontractor or an officer,
109	109	6 employee, or agent of the contractor or subcontractor
110	110	7 which avers that: (i) he or she has examined the certified
111	111	8 payroll records required to be submitted by the Act and
112	112	9 such records are true and accurate; (ii) the hourly rate
113	113	10 paid to each worker is not less than the general
114	114	11 prevailing rate of hourly wages required by this Act; and
115	115	12 (iii) the contractor or subcontractor is aware that filing
116	116	13 a certified payroll that he or she knows to be false is in
117	117	14 violation of this Act and, in addition to being subject to
118	118	15 penalties under this Act, is guilty a Class A misdemeanor.
119	119	16 A general contractor is not prohibited from relying on the
120	120	17 certification of a lower tier subcontractor, provided the
121	121	18 general contractor does not knowingly rely upon a
122	122	19 subcontractor's false certification. Any contractor or
123	123	20 subcontractor subject to this Act and any officer,
124	124	21 employee, or agent of such contractor or subcontractor
125	125	22 whose duty as such officer, employee, or agent it is to
126	126	23 file such certified payroll who willfully fails to file
127	127	24 such a certified payroll on or before the date such
128	128	25 certified payroll is required by this paragraph to be
129	129	26 filed and any person who willfully files a false certified
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140	140	1 payroll that is false as to any material fact is in
141	141	2 violation of this Act and, in addition to being subject to
142	142	3 penalties under this Act, is guilty of a Class A
143	143	4 misdemeanor. The public body in charge of the project
144	144	5 shall keep the records submitted in accordance with this
145	145	6 paragraph (2) of subsection (a) before January 1, 2014
146	146	7 (the effective date of Public Act 98-328) for a period of
147	147	8 not less than 3 years, and the records submitted in
148	148	9 accordance with this paragraph (2) of subsection (a) on or
149	149	10 after January 1, 2014 (the effective date of Public Act
150	150	11 98-328) for a period of 5 years, from the date of the last
151	151	12 payment for work on a contract or subcontract for public
152	152	13 works or until the Department of Labor activates the
153	153	14 database created under Section 5.1, whichever is less.
154	154	15 After the activation of the database created under Section
155	155	16 5.1, the Department of Labor rather than the public body
156	156	17 in charge of the project shall keep the records and
157	157	18 maintain the database. The records submitted in accordance
158	158	19 with this paragraph (2) of subsection (a) shall be
159	159	20 considered public records, except an employee's address,
160	160	21 telephone number, social security number, race, ethnicity,
161	161	22 and gender, and made available in accordance with the
162	162	23 Freedom of Information Act. The public body shall accept
163	163	24 any reasonable submissions by the contractor that meet the
164	164	25 requirements of this Section.
165	165	26 A contractor, subcontractor, or public body may retain
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