97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3512
 
Introduced 2/8/2012, by Sen. Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:
 

 



820 ILCS 130/5  from Ch. 48, par. 39s-5

     Amends the Prevailing Wage Act in connection with certified payroll filings. Provides that those filings must be on a certified payroll form as provided by the Department of Labor. Provides that public bodies shall accept any reasonable submissions by contractors only if recorded on the State of Illinois Certified Transcript of Payroll Form as provided by the Department of Labor. 
  


LRB097 19891 JLS 65175 b

 
 
A BILL FOR
 

  
SB3512LRB097 19891 JLS 65175 b


  
1    AN ACT concerning wages.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Prevailing Wage Act is amended  by changing 
5Section 5 as follows:
 



6    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)



7    Sec. 5. Certified payroll.


8    (a) Any contractor and each subcontractor who participates 
9in public works shall:
10        (1) make and keep, for a period of not less
than 3 
11    years from the date of the last payment on a contract or 
12    subcontract for public works, records of all laborers, 
13    mechanics, and other workers employed by them on the 
14    project; the records shall include each worker's name, 
15    address, telephone number
when available, social security 
16    number, classification or classifications, the hourly 
17    wages paid in each pay period, the number of hours worked 
18    each day, and the starting and ending times of work each 
19    day; and
20        (2) no later than the tenth day of each calendar month 
21    file a certified payroll on a certified transcript of 
22    payroll form as provided by the Department of Labor for the 
23    immediately preceding month with the public body in charge 
 
 
SB3512- 2 -LRB097 19891 JLS 65175 b

1    of the project. A certified payroll must be filed for only 
2    those calendar months during which construction on a public 
3    works project has occurred. The certified payroll shall 
4    consist of a complete copy of the records identified in 
5    paragraph (1) of this subsection (a), but may exclude the 
6    starting and ending times of work each day.  The certified 
7    payroll shall be accompanied by a statement signed by the 
8    contractor or subcontractor or an officer, employee, or 
9    agent of the contractor or subcontractor which avers that: 
10    (i) he or she has examined the certified payroll records 
11    required to be submitted by the Act and such records are 
12    true and accurate; (ii) the hourly rate paid to each worker 
13    is not less than the general prevailing rate of hourly 
14    wages required by this Act; and (iii) the contractor or 
15    subcontractor is aware that filing a certified payroll that 
16    he or she  knows to be false is a Class A misdemeanor. A 
17    general contractor is not prohibited from relying on the 
18    certification of a lower tier subcontractor, provided the 
19    general contractor does not knowingly rely upon a 
20    subcontractor's false certification. Any contractor or 
21    subcontractor subject to this Act and any officer, 
22    employee, or agent of such contractor or subcontractor 
23    whose duty as such officer, employee, or agent it is to 
24    file such certified payroll who willfully fails to file 
25    such a certified payroll on or before the date such 
26    certified payroll is required by this paragraph to be filed 
 
 
SB3512- 3 -LRB097 19891 JLS 65175 b

1    and any person who willfully files a false certified 
2    payroll that is false as to any material fact is in 
3    violation of this Act and guilty of a Class A misdemeanor. 
4    The public body in charge of the project shall keep the 
5    records submitted in accordance with this  paragraph (2) of 
6    subsection (a) for a period of not less than 3 years from 
7    the date of the last payment for work on a contract or 
8    subcontract for public works. The records submitted in 
9    accordance with this  paragraph (2) of subsection (a) shall 
10    be considered public records,  except an employee's 
11    address, telephone number, and social security number, and 
12    made available in accordance with the Freedom of 
13    Information Act. The public body shall accept any 
14    reasonable submissions by the contractor that meet the 
15    requirements of this Section but only if recorded on the 
16    State of Illinois Certified Transcript of Payroll Form as 
17    provided by the Department of Labor.

18    (b) Upon 7 business days' notice, the contractor and each 
19subcontractor shall make available for inspection and copying 
20at a location within this State during reasonable hours, the 
21records identified in paragraph (1) of subsection (a) of this 
22Section to the public body
in charge of the project, its 
23officers and agents, the Director of Labor
and his deputies and 
24agents, and to federal, State, or local law enforcement 
25agencies and prosecutors.
26(Source: P.A. 97-571, eff. 1-1-12.)