Illinois General Assembly - Full Text of SB1268
Illinois General Assembly

Previous General Assemblies

Full Text of SB1268  94th General Assembly


Sen. Debbie DeFrancesco Halvorson

Filed: 10/24/2005





09400SB1268sam001 LRB094 04932 RLC 49884 a


2     AMENDMENT NO. ______. Amend Senate Bill 1268 by replacing
3 everything after the enacting clause with the following:
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



09400SB1268sam001 - 2 - LRB094 04932 RLC 49884 a

1     contractor or subcontractor which avers that: (i) such
2     records are true and accurate; (ii) the hourly rate paid to
3     each worker is not less than the general prevailing rate of
4     hourly wages required by this Act; and (iii) the contractor
5     or subcontractor is aware that filing a certified payroll
6     that he or she knows to be false is a Class B misdemeanor.
7     A general contractor is not prohibited from relying on the
8     certification of a lower tier subcontractor, provided the
9     general contractor does not knowingly rely upon a
10     subcontractor's false certification. Any contractor or
11     subcontractor subject to this Act who fails to submit a
12     certified payroll or knowingly files a false certified
13     payroll is in violation of this Act and guilty of a Class B
14     misdemeanor. The public body in charge of the project shall
15     keep the records submitted in accordance with this
16     paragraph (2) of subsection (a) for a period of not less
17     than 3 years. The records submitted in accordance with this
18     paragraph (2) of subsection (a) shall be considered public
19     records, except an employee's address, telephone number,
20     and social security number, and made available in
21     accordance with the Freedom of Information Act. The public
22     body shall accept any reasonable submissions by the
23     contractor that meet the requirements of this Section.
24     (b) Upon 2 business days' notice, the contractor and each
25 subcontractor shall make available for inspection the records
26 identified in paragraph (1) of subsection (a) of this Section
27 to the public body in charge of the project, its officers and
28 agents, and to the Director of Labor and his deputies and
29 agents. Upon 2 business days' notice, the contractor and each
30 subcontractor shall make such records available at all
31 reasonable hours at a location within this State.
32 (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
33     Section 99. Effective date. This Act takes effect upon



09400SB1268sam001 - 3 - LRB094 04932 RLC 49884 a

1 becoming law.".