Illinois General Assembly - Full Text of SB1268
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Full Text of SB1268  94th General Assembly



SB1268 Engrossed LRB094 04932 WGH 34961 b

1     AN ACT concerning employment.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Prevailing Wage Act is amended by changing
5 Section 5 as follows:
6     (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
7     Sec. 5. Certified payroll.
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



SB1268 Engrossed - 2 - LRB094 04932 WGH 34961 b

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.
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.)
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.