HB5132 93RD GENERAL ASSEMBLY

LRB093 20818 DRJ 46742 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5132

Introduced 02/05/04, by Dan Reitz

SYNOPSIS AS INTRODUCED:

820 ILCS 130/5

from Ch. 48, par. 39s-5

Amends the Prevailing Wage Act. Requires that a public body designate a representative to maintain a daily job log; requires that the log contain the name of each contractor and subcontractor that participates on the public works project. Requires that employees sign their names and the times they report to and leave the job site. Provides that a willful violation of the job log provisions by a representative of a public body is a Class B misdemeanor. Requires that each contractor and subcontractor submit to the public body a copy of an official State or federal photo identification for each individual who performs work on a project. Requires workers to produce a photo ID upon request, and requires contractors and subcontractors to ensure workers' compliance. Makes a contractor or subcontractor's violation of the photo ID provisions a Class B misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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)

(Text of Section before amendment by P.A. 93-38)

Sec. 5. The contractor and each subcontractor or the officer of the public body in charge of the project shall keep or cause to be kept, an accurate record showing the names and occupation of all laborers, workers and mechanics employed by them, in connection with said public work, and showing also the actual hourly wages paid to each of such persons, which record shall be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents, and to the Director of Labor and his deputies and agents. 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.)

(Text of Section after amendment by P.A. 93-38)

Sec. 5. The contractor and each subcontractor or the officer of the public body in charge of the project shall make and keep, for a period of not less than 3 years, true and accurate records of the name, address, telephone number when available, social security number, 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 hours worked each day 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 for each employee. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents, and to the Director of Labor and his deputies and agents. 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.

The public body shall designate a representative from either the public body, the general contractor, or the project manager to maintain a daily job log containing the name of each contractor and subcontractor that participates on the public works project. The representative shall also require that each employee, while participating at the site of a building or construction job, (i) sign his or her name, time of reporting to the job site, and time of leaving the job site each day the employee participates on the public works project, and (ii) list the employer's name the employee is associated with along with the labor classification or classifications the employee performed while employed on the public works project. This document shall be maintained at the job site in an area readily accessible to each worker. Any officer, agent, or representative of any public body who willfully violates, or fails to comply with, this paragraph is guilty of a Class B misdemeanor.

Each contractor and subcontractor that employs any individual on a public works project shall submit to the public body that contracted for the public works project a true and clear copy of a valid official State or federal photo identification for each individual who performs work on the project. The copy shall be provided on or before the first day on which the employee performs any work on the project, but in no case later than the 10th day after the first day on which the employee performed any work on the project. The public body shall maintain the photocopies in a file to be kept in connection with the contract documents. Any contractor or subcontractor that fails to provide a copy of any employee's identification as prescribed in this paragraph is guilty of a Class B misdemeanor. It is also mandatory for each laborer, worker, and mechanic who performs work on a public works project to produce, upon the request of the Director of Labor or his or her authorized representatives or upon the request of an officer or representative of the public body, a valid State or federal photo identification. Each contractor and subcontractor is responsible for ensuring that his or her employees comply with these requirements. A contractor or subcontractor whose employees fail to comply with this paragraph is guilty of a Class B misdemeanor.

(Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04.)