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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Prevailing Wage Act is amended by changing | ||||||
| 5 | Section 5 as follows:
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| 6 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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| 7 | Sec. 5. Certified payroll.
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| 8 | (a) While participating on public works, the contractor and | ||||||
| 9 | each subcontractor shall: | ||||||
| 10 | (1) make and keep, for a period of not less
than 3 | ||||||
| 11 | years, records of all laborers, mechanics, and other | ||||||
| 12 | workers employed by them on the project; the records shall | ||||||
| 13 | include each worker's name, address, telephone number
when | ||||||
| 14 | available, social security number, classification or | ||||||
| 15 | classifications, the hourly wages paid in each pay period, | ||||||
| 16 | the number of hours worked each day, and the starting and | ||||||
| 17 | ending times of work each day; and | ||||||
| 18 | (2) submit monthly, in person, by mail, or | ||||||
| 19 | electronically a certified payroll to the public body in | ||||||
| 20 | charge of the project. The certified payroll shall consist | ||||||
| 21 | of a complete copy of the records identified in paragraph | ||||||
| 22 | (1) of this subsection (a), but may exclude the starting | ||||||
| 23 | and ending times of work each day. The certified payroll | ||||||
| 24 | shall be accompanied by a statement signed by the | ||||||
| 25 | contractor or subcontractor which avers that: (i) such | ||||||
| 26 | records are true and accurate; (ii) the hourly rate paid to | ||||||
| 27 | each worker is not less than the general prevailing rate of | ||||||
| 28 | hourly wages required by this Act; and (iii) the contractor | ||||||
| 29 | or subcontractor is aware that filing a certified payroll | ||||||
| 30 | that he or she knows to be false is a Class B misdemeanor. | ||||||
| 31 | A general contractor is not prohibited from relying on the | ||||||
| 32 | 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 who fails to submit a | ||||||
| 4 | certified payroll or knowingly files a false certified | ||||||
| 5 | payroll is in violation of this Act and guilty of a Class B | ||||||
| 6 | misdemeanor. The public body in charge of the project shall | ||||||
| 7 | keep the records submitted in accordance with this | ||||||
| 8 | paragraph (2) of subsection (a) for a period of not less | ||||||
| 9 | than 3 years. The records submitted in accordance with this | ||||||
| 10 | paragraph (2) of subsection (a) shall be considered public | ||||||
| 11 | records, except an employee's address, telephone number, | ||||||
| 12 | and social security number, and made available in | ||||||
| 13 | accordance with the Freedom of Information Act. The public | ||||||
| 14 | body shall accept any reasonable submissions by the | ||||||
| 15 | contractor that meet the requirements of this Section.
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| 16 | (b) Upon 7
2 business days' notice, the contractor and each | ||||||
| 17 | subcontractor shall make available for inspection the records | ||||||
| 18 | identified in paragraph (1) of subsection (a) of this Section | ||||||
| 19 | to the public body
in charge of the project, its officers and | ||||||
| 20 | agents, and to the Director of Labor
and his deputies and | ||||||
| 21 | agents. Upon 7
2 business days' notice, the contractor and each | ||||||
| 22 | subcontractor shall make such records available at all | ||||||
| 23 | reasonable hours at a location within this State. | ||||||
| 24 | (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
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| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
| 26 | becoming law.
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