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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Section 5 as follows:
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6 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
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7 | Sec. 5. Certified payroll.
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8 | (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 | ||||||
25 | contractor or subcontractor which avers that: (i) such | ||||||
26 | records are true and accurate; (ii) the hourly rate paid to | ||||||
27 | each worker is not less than the general prevailing rate of | ||||||
28 | hourly wages required by this Act; and (iii) the contractor | ||||||
29 | or subcontractor is aware that filing a certified payroll | ||||||
30 | that he or she knows to be false is a Class B misdemeanor. | ||||||
31 | A general contractor is not prohibited from relying on the | ||||||
32 | certification of a lower tier subcontractor, provided the |
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1 | general contractor does not knowingly rely upon a | ||||||
2 | subcontractor's false certification. Any contractor or | ||||||
3 | subcontractor subject to this Act who fails to submit a | ||||||
4 | certified payroll or knowingly files a false certified | ||||||
5 | payroll is in violation of this Act and guilty of a Class B | ||||||
6 | misdemeanor. The public body in charge of the project shall | ||||||
7 | keep the records submitted in accordance with this | ||||||
8 | paragraph (2) of subsection (a) for a period of not less | ||||||
9 | than 3 years. The records submitted in accordance with this | ||||||
10 | paragraph (2) of subsection (a) shall be considered public | ||||||
11 | records, except an employee's address, telephone number, | ||||||
12 | and social security number, and made available in | ||||||
13 | accordance with the Freedom of Information Act. The public | ||||||
14 | body shall accept any reasonable submissions by the | ||||||
15 | contractor that meet the requirements of this Section.
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16 | (b) Upon 7
2 business days' notice, the contractor and each | ||||||
17 | subcontractor shall make available for inspection the records | ||||||
18 | identified in paragraph (1) of subsection (a) of this Section | ||||||
19 | to the public body
in charge of the project, its officers and | ||||||
20 | agents, and to the Director of Labor
and his deputies and | ||||||
21 | agents. Upon 7
2 business days' notice, the contractor and each | ||||||
22 | subcontractor shall make such records available at all | ||||||
23 | reasonable hours at a location within this State. | ||||||
24 | (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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