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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,
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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
The contractor | ||||||
9 | and each subcontractor or the officer of the public
body in | ||||||
10 | charge of the project shall : | ||||||
11 | (1) make and keep, for a period of not less
than 3 | ||||||
12 | years, true and accurate records of all laborers, | ||||||
13 | mechanics, and other workers employed by them on the | ||||||
14 | project; the records shall include each worker's
the name, | ||||||
15 | address, telephone number
when available, social security | ||||||
16 | number, classification or classifications,
and occupation | ||||||
17 | of all laborers, workers
and mechanics employed by them, in | ||||||
18 | connection with said public work. The
records shall also | ||||||
19 | show the actual hourly wages paid in each pay period ,
to | ||||||
20 | each
employee and the number of hours worked each day , and
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21 | in each work week by each employee.
While participating on | ||||||
22 | public works, each contractor's payroll records shall
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23 | include the starting and ending times of work each day; and
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24 | for each employee | ||||||
25 | (2) submit monthly, in person, by mail, or | ||||||
26 | electronically a certified payroll to the public body in | ||||||
27 | charge of the project. The certified payroll shall consist | ||||||
28 | of a complete copy of the records identified in paragraph | ||||||
29 | (1) of this subsection (a). The certified payroll shall be | ||||||
30 | accompanied by a statement signed by the contractor or | ||||||
31 | subcontractor which avers that: (i) such records are true | ||||||
32 | and accurate; (ii) the hourly rate paid to each worker is |
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1 | not less than the general prevailing rate of hourly wages | ||||||
2 | required by this Act; and (iii) the contractor or | ||||||
3 | subcontractor is aware that filing a certified payroll that | ||||||
4 | he or she knows to be false is a Class B misdemeanor. A | ||||||
5 | general contractor is not prohibited from relying on the | ||||||
6 | certification of a lower tier subcontractor, provided the | ||||||
7 | general contractor does not knowingly rely upon a | ||||||
8 | subcontractor's false certification. Any contractor or | ||||||
9 | subcontractor subject to this Act who fails to submit a | ||||||
10 | certified payroll or knowingly files a false certified | ||||||
11 | payroll is in violation of this Act and guilty of a Class B | ||||||
12 | misdemeanor. The public body in charge of the project shall | ||||||
13 | keep the records submitted in accordance with this | ||||||
14 | paragraph (2) of subsection (a) for a period of not less | ||||||
15 | than 3 years. The records submitted in accordance with this | ||||||
16 | paragraph (2) of subsection (a) shall be considered public | ||||||
17 | records, except an employee's address, telephone number, | ||||||
18 | and social security number, and made available in | ||||||
19 | accordance with the Freedom of Information Act. The public | ||||||
20 | body shall accept any reasonable submissions by the | ||||||
21 | contractor that meet the requirements of this Section . | ||||||
22 | (b) Upon 2 business days' notice, the contractor and each | ||||||
23 | subcontractor shall make available for inspection the records | ||||||
24 | identified in paragraph (1) of subsection (a) of this Section
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25 | The
record
shall be open at all reasonable hours to the | ||||||
26 | inspection of the public body
in charge of the project
awarding | ||||||
27 | the contract , its officers and agents, and to the Director of | ||||||
28 | Labor
and his deputies and agents. Upon 2 business days' | ||||||
29 | notice, the contractor and each subcontractor shall make such | ||||||
30 | records available at all reasonable hours at a location within | ||||||
31 | this State. | ||||||
32 |
Any contractor or subcontractor that maintains
its | ||||||
33 | principal place of business outside of this
State shall make | ||||||
34 | the required records or accurate copies of those records
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35 | available within this State at all reasonable hours for | ||||||
36 | inspection.
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1 | (Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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