Illinois General Assembly - Full Text of Public Act 094-1023
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Public Act 094-1023


 

Public Act 1023 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1023
 
SB2399 Enrolled LRB094 16772 RLC 52043 b

    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.

Effective Date: 7/12/2006