Full Text of HB2108 94th General Assembly
HB2108ham001 94TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 10/26/2005
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09400HB2108ham001 |
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LRB094 03077 WGH 49937 a |
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| AMENDMENT TO HOUSE BILL 2108
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| AMENDMENT NO. ______. Amend House Bill 2108 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Section 5 as follows:
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| (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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| Sec. 5. Certified payroll.
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| (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 |
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| contractor or subcontractor which avers that: (i) such | 2 |
| records are true and accurate; (ii) the hourly rate paid to | 3 |
| each worker is not less than the general prevailing rate of | 4 |
| hourly wages required by this Act; and (iii) the contractor | 5 |
| or subcontractor is aware that filing a certified payroll | 6 |
| that he or she knows to be false is a Class B misdemeanor. | 7 |
| A general contractor is not prohibited from relying on the | 8 |
| certification of a lower tier subcontractor, provided the | 9 |
| general contractor does not knowingly rely upon a | 10 |
| subcontractor's false certification. Any contractor or | 11 |
| subcontractor subject to this Act who fails to submit a | 12 |
| certified payroll or knowingly files a false certified | 13 |
| payroll is in violation of this Act and guilty of a Class B | 14 |
| misdemeanor. The public body in charge of the project shall | 15 |
| keep the records submitted in accordance with this | 16 |
| paragraph (2) of subsection (a) for a period of not less | 17 |
| than 3 years. The records submitted in accordance with this | 18 |
| paragraph (2) of subsection (a) shall be considered public | 19 |
| records, except an employee's address, telephone number, | 20 |
| and social security number, and made available in | 21 |
| accordance with the Freedom of Information Act. The public | 22 |
| body shall accept any reasonable submissions by the | 23 |
| contractor that meet the requirements of this Section. | 24 |
| (b) Upon 2 business days' notice, the contractor and each | 25 |
| subcontractor shall make available for inspection the records | 26 |
| identified in paragraph (1) of subsection (a) of this Section | 27 |
| to the public body
in charge of the project, its officers and | 28 |
| agents, and to the Director of Labor
and his deputies and | 29 |
| agents. Upon 2 business days' notice, the contractor and each | 30 |
| subcontractor shall make such records available at all | 31 |
| reasonable hours at a location within this State.
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| (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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