|
|
||||
| Public Act 094-1023 |
||||
| ||||
| ||||
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 contractor and | ||||
each subcontractor shall: | ||||
(1) make and keep, for a period of not less
than 3 | ||||
years, records of all laborers, mechanics, and other | ||||
workers employed by them on the project; the records shall | ||||
include each worker's name, address, telephone number
when | ||||
available, social security number, classification or | ||||
classifications, the hourly wages paid in each pay period, | ||||
the number of hours worked each day, and the starting and | ||||
ending times of work each day; and | ||||
(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), but may exclude the starting | ||||
and ending times of work each day. 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 7
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 | ||
to the public body
in charge of the project, its officers and | ||
agents, and to the Director of Labor
and his deputies and | ||
agents. Upon 7
2 business days' notice, the contractor and each | ||
subcontractor shall make such records available at all | ||
reasonable hours at a location within this State. | ||
(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||