Public Act 094-0515
 		





HB0188 Enrolled
LRB094 05673 RLC 35722 b






    AN ACT concerning employment.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Prevailing Wage Act is amended  by changing 
Section 5 as follows:
 



    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)



    Sec. 5. Certified payroll.


    (a) While participating on public works,  the
The contractor 
and each subcontractor or the officer of the public
body in 
charge of the project shall:
        (1) make and keep, for a period of not less
than 3 
    years, true and accurate records of all laborers, 
    mechanics, and other workers employed by them on the 
    project; the records shall include each worker's
the name, 
    address, telephone number
when available, social security 
    number, classification or classifications,
and occupation 
    of all laborers, workers
and mechanics employed by them, in 
    connection with said public work.  The
records shall also 
    show the actual hourly wages paid in each pay period,
to 
    each
employee and the number of hours worked each day, and

    in each work week by each employee.
While participating on 
    public works, each contractor's payroll records shall

    include the starting and ending times of work each day; and

    for each employee
        (2) submit monthly, in person, by mail, or 
    electronically a certified payroll to the public body in 
    charge of the project. The certified payroll shall consist 
    of a complete copy of the records identified in paragraph 
    (1) of this subsection (a).  The certified payroll shall be 
    accompanied by a statement signed by the contractor or 
    subcontractor which avers that: (i) such records are true 
    and accurate; (ii) the hourly rate paid to each worker is 
    not less than the general prevailing rate of hourly wages 
    required by this Act; and (iii) the contractor or 
    subcontractor is aware that filing a certified payroll that 
    he or she  knows to be false is a Class B misdemeanor. A 
    general contractor is not prohibited from relying on the 
    certification of a lower tier subcontractor, provided the 
    general contractor does not knowingly rely upon a 
    subcontractor's false certification. Any contractor or 
    subcontractor subject to this Act who fails to submit a 
    certified payroll or knowingly files a false certified 
    payroll is in violation of this Act and guilty of a Class B 
    misdemeanor. The public body in charge of the project shall 
    keep the records submitted in accordance with this  
    paragraph (2) of subsection (a) for a period of not less 
    than 3 years. The records submitted in accordance with this  
    paragraph (2) of subsection (a) shall be considered public 
    records,  except an employee's address, telephone number, 
    and social security number, and made available in 
    accordance with the Freedom of Information Act. The public 
    body shall accept any reasonable submissions by the 
    contractor that meet the requirements of this Section.
    (b) Upon 2 business days' notice, the contractor and each 
subcontractor shall make available for inspection the records 
identified in paragraph (1) of subsection (a) of this Section

The
record
shall be open at all reasonable hours to the 
inspection of the public body
in charge of the project
awarding 
the contract, its officers and agents, and to the Director of 
Labor
and his deputies and agents.  Upon 2 business days' 
notice, the contractor and each subcontractor shall make such 
records available at all reasonable hours at a location within 
this State.
    
Any contractor or subcontractor that maintains
its 
principal place of business outside of this
State shall make 
the required records or accurate copies of those records

available within this State at all reasonable hours for 
inspection.

(Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.