Full Text of HB0188 94th General Assembly
HB0188ham001 94TH GENERAL ASSEMBLY
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Labor Committee
Adopted in House Comm. on Feb 17, 2005
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09400HB0188ham001 |
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LRB094 05673 RLC 41369 a |
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| AMENDMENT TO HOUSE BILL 188
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| AMENDMENT NO. ______. Amend House Bill 188 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Prevailing Wage Act is amended by changing | 5 |
| 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
The contractor | 9 |
| and each subcontractor or the officer of the public
body in | 10 |
| charge of the project shall : | 11 |
| (1) make and keep, for a period of not less
than 3 | 12 |
| years, true and accurate records of all laborers, | 13 |
| mechanics, and other workers employed by them on the | 14 |
| project; the records shall include each worker's
the name, | 15 |
| address, telephone number
when available, social security | 16 |
| number, classification or classifications,
and occupation | 17 |
| of all laborers, workers
and mechanics employed by them, in | 18 |
| connection with said public work. The
records shall also | 19 |
| show the actual hourly wages paid in each pay period ,
to | 20 |
| each
employee and the number of hours worked each day , and
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| in each work week by each employee.
While participating on | 22 |
| public works, each contractor's payroll records shall
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| include the starting and ending times of work each day; and
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| for each employee |
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LRB094 05673 RLC 41369 a |
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| (2) submit monthly, in person, by mail, or | 2 |
| electronically a certified payroll to the public body in | 3 |
| charge of the project. The certified payroll shall consist | 4 |
| of a complete copy of the records identified in paragraph | 5 |
| (1) of this subsection (a). The certified payroll shall be | 6 |
| accompanied by a statement signed by the contractor or | 7 |
| subcontractor which avers that: (i) such records are true | 8 |
| and accurate; (ii) the hourly rate paid to each worker is | 9 |
| not less than the general prevailing rate of hourly wages | 10 |
| required by this Act; and (iii) the contractor or | 11 |
| subcontractor is aware that filing a certified payroll that | 12 |
| he or she knows to be false is a Class B misdemeanor. A | 13 |
| general contractor is not prohibited from relying on the | 14 |
| certification of a lower tier subcontractor, provided the | 15 |
| general contractor does not knowingly rely upon a | 16 |
| subcontractor's false certification. Any contractor or | 17 |
| subcontractor subject to this Act who fails to submit a | 18 |
| certified payroll or knowingly files a false certified | 19 |
| payroll is in violation of this Act and guilty of a Class B | 20 |
| misdemeanor. The public body in charge of the project shall | 21 |
| keep the records submitted in accordance with this | 22 |
| paragraph (2) of subsection (a) for a period of not less | 23 |
| than 3 years. The records submitted in accordance with this | 24 |
| paragraph (2) of subsection (a) shall be considered public | 25 |
| records, except an employee's address, telephone number, | 26 |
| and social security number, and made available in | 27 |
| accordance with the Freedom of Information Act . | 28 |
| (b) Upon 2 business days' notice, the contractor and each | 29 |
| subcontractor shall make available for inspection the records | 30 |
| identified in paragraph (1) of subsection (a) of this Section
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| The
record
shall be open at all reasonable hours to the | 32 |
| inspection of the public body
in charge of the project
awarding | 33 |
| the contract , its officers and agents, and to the Director of | 34 |
| Labor
and his deputies and agents. Upon 2 business days' |
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LRB094 05673 RLC 41369 a |
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| notice, the contractor and each subcontractor shall make such | 2 |
| records available at all reasonable hours at a location within | 3 |
| this State. | 4 |
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Any contractor or subcontractor that maintains
its | 5 |
| principal place of business outside of this
State shall make | 6 |
| the required records or accurate copies of those records
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| available within this State at all reasonable hours for | 8 |
| inspection.
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| (Source: P.A. 92-783, eff. 8-6-02; 93-38, eff. 6-1-04 .)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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