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Sen. Debbie DeFrancesco Halvorson
Filed: 10/24/2005
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09400SB1268sam001 |
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LRB094 04932 RLC 49884 a |
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| AMENDMENT TO SENATE BILL 1268
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| AMENDMENT NO. ______. Amend Senate Bill 1268 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Prevailing Wage Act is amended by changing |
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| 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 |
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| each subcontractor shall: |
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| (1) make and keep, for a period of not less
than 3 |
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| years, records of all laborers, mechanics, and other |
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| workers employed by them on the project; the records shall |
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| include each worker's name, address, telephone number
when |
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| available, social security number, classification or |
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| classifications, the hourly wages paid in each pay period, |
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| the number of hours worked each day, and the starting and |
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| ending times of work each day; and |
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| (2) submit monthly, in person, by mail, or |
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| electronically a certified payroll to the public body in |
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| charge of the project. The certified payroll shall consist |
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| of a complete copy of the records identified in paragraph |
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| (1) of this subsection (a), but may exclude the starting |
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| and ending times of work each day. The certified payroll |
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| shall be accompanied by a statement signed by the |
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LRB094 04932 RLC 49884 a |
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| contractor or subcontractor which avers that: (i) such |
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| records are true and accurate; (ii) the hourly rate paid to |
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| each worker is not less than the general prevailing rate of |
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| hourly wages required by this Act; and (iii) the contractor |
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| or subcontractor is aware that filing a certified payroll |
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| that he or she knows to be false is a Class B misdemeanor. |
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| A general contractor is not prohibited from relying on the |
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| certification of a lower tier subcontractor, provided the |
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| general contractor does not knowingly rely upon a |
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| subcontractor's false certification. Any contractor or |
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| subcontractor subject to this Act who fails to submit a |
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| certified payroll or knowingly files a false certified |
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| payroll is in violation of this Act and guilty of a Class B |
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| misdemeanor. The public body in charge of the project shall |
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| keep the records submitted in accordance with this |
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| paragraph (2) of subsection (a) for a period of not less |
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| than 3 years. The records submitted in accordance with this |
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| paragraph (2) of subsection (a) shall be considered public |
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| records, except an employee's address, telephone number, |
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| and social security number, and made available in |
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| accordance with the Freedom of Information Act. The public |
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| body shall accept any reasonable submissions by the |
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| contractor that meet the requirements of this Section. |
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| (b) Upon 2 business days' notice, the contractor and each |
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| subcontractor shall make available for inspection the records |
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| identified in paragraph (1) of subsection (a) of this Section |
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| to the public body
in charge of the project, its officers and |
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| agents, and to the Director of Labor
and his deputies and |
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| agents. Upon 2 business days' notice, the contractor and each |
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| subcontractor shall make such records available at all |
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| 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 |