94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0076

 

Introduced 1/26/2005, by Sen. Debbie DeFrancesco Halvorson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/5   from Ch. 48, par. 39s-5

    Amends the Prevailing Wage Act. Provides that while participating on public works, each contractor and subcontractor shall submit weekly a certified payroll to the public body in charge of the project. Provides that any contractor or subcontractor subject to the Act who fails to submit a certified payroll or knowingly files a false certified payroll is in violation of the Act and is guilty of a Class B misdemeanor. Provides that the public body shall keep these records for at least 3 years. Provides that these payroll records are public records subject to disclosure under the Freedom of Information Act. Effective immediately.


LRB094 05675 RLC 35724 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0076 LRB094 05675 RLC 35724 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Prevailing Wage Act is amended by changing
5 Section 5 as follows:
 
6     (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
7     Sec. 5. Certified payroll.
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
21     in each work week by each employee. While participating on
22     public works, each contractor's payroll records shall
23     include the starting and ending times of work each day; and
24     for each employee
25         (2) submit weekly a certified payroll to the public
26     body in charge of the project. The certified payroll shall
27     consist of a complete copy of the records identified in
28     paragraph (1) of this subsection (a). The certified payroll
29     shall be accompanied by a statement signed by the
30     contractor or subcontractor which avers that: (i) such
31     records are true and accurate; (ii) the hourly rate paid to
32     each worker is not less than the general prevailing rate of

 

 

SB0076 - 2 - LRB094 05675 RLC 35724 b

1     hourly wages required by this Act; and (iii) the contractor
2     or subcontractor is aware that filing a certified payroll
3     that he or she knows to be false is a Class B misdemeanor.
4     A general contractor is not prohibited from relying on the
5     certification of a lower tier subcontractor, provided the
6     general contractor does not knowingly rely upon a
7     subcontractor's false certification. Any contractor or
8     subcontractor subject to this Act who fails to submit a
9     certified payroll or knowingly files a false certified
10     payroll is in violation of this Act and guilty of a Class B
11     misdemeanor. The public body in charge of the project shall
12     keep the records submitted in accordance with this
13     paragraph (2) of subsection (a) for a period of not less
14     than 3 years. The records shall be considered public
15     records and made available in accordance with the Freedom
16     of Information Act.
17     (b) The contractor and each subcontractor shall make
18 available for inspection the records identified in paragraph
19 (1) of subsection (a) of this Section record shall be open at
20 all reasonable hours to the inspection of the public body in
21 charge of the project awarding the contract, its officers and
22 agents, and to the Director of Labor and his deputies and
23 agents. The contractor and each subcontractor shall make such
24 records available at all reasonable hours at a location within
25 this State.
26     (c) For the purpose of verifying the accuracy of the
27 records submitted pursuant to paragraph (2) of subsection (a)
28 of this Section, the contractor and each subcontractor shall
29 make its workers available at the site of the public works
30 project for interview by the public body in charge of the
31 project, its officers and agents, and the Director of Labor and
32 his or her deputies and agents Any contractor or subcontractor
33 that maintains its principal place of business outside of this
34 State shall make the required records or accurate copies of
35 those records available within this State at all reasonable
36 hours for inspection.

 

 

SB0076 - 3 - LRB094 05675 RLC 35724 b

1 (Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.