Illinois General Assembly - Full Text of Public Act 094-0515
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Public Act 094-0515


 

Public Act 0515 94TH GENERAL ASSEMBLY

 


 
Public Act 094-0515
 
HB0188 Enrolled LRB094 05673 RLC 35722 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 The contractor
and each subcontractor or the officer of the public body in
charge of the project shall:
        (1) make and keep, for a period of not less than 3
    years, true and accurate records of all laborers,
    mechanics, and other workers employed by them on the
    project; the records shall include each worker's the name,
    address, telephone number when available, social security
    number, classification or classifications, and occupation
    of all laborers, workers and mechanics employed by them, in
    connection with said public work. The records shall also
    show the actual hourly wages paid in each pay period, to
    each employee and the number of hours worked each day, and
    in each work week by each employee. While participating on
    public works, each contractor's payroll records shall
    include the starting and ending times of work each day; and
    for each employee
        (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). 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 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
The record shall be open at all reasonable hours to the
inspection of the public body in charge of the project awarding
the contract, its officers and agents, and to the Director of
Labor and his deputies and agents. Upon 2 business days'
notice, the contractor and each subcontractor shall make such
records available at all reasonable hours at a location within
this State.
     Any contractor or subcontractor that maintains its
principal place of business outside of this State shall make
the required records or accurate copies of those records
available within this State at all reasonable hours for
inspection.
(Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2005