Public Act 094-1023
 		





SB2399 Enrolled
LRB094 16772 RLC 52043 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 contractor and 
each subcontractor shall:
        (1) make and keep, for a period of not less
than 3 
    years, records of all laborers, mechanics, and other 
    workers employed by them on the project; the records shall 
    include each worker's name, address, telephone number
when 
    available, social security number, classification or 
    classifications, the hourly wages paid in each pay period, 
    the number of hours worked each day, and the starting and 
    ending times of work each day; and
        (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), but may exclude the starting 
    and ending times of work each day.  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 7
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 
to the public body
in charge of the project, its officers and 
agents, and to the Director of Labor
and his deputies and 
agents.  Upon 7
2 business days' notice, the contractor and each 
subcontractor shall make such records available at all 
reasonable hours at a location within this State.
(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)

 

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