HB 2108 — EMPLOYMENT-TECH

*LRB09403077WGH33078b* HB2108 94THEngrossed GENERALLRB094 ASSEMBLY03077 StateWGH of33078 Illinoisb andAN 2006ACT HB2108concerning Introducedemployment. 2/14/2005, by Rep.

Michael J.

Madigan - Barbara Flynn Currie - Larry McKeon SYNOPSIS AS INTRODUCED:

ILCS 130/6 from Ch.

48, par.

39s-6 Amends the Prevailing Wage Act.

Makes a technical change in a Section concerning violations of the Act.

LRB094 03077 WGH 33078 b A BILL FOR HB2108 LRB094 03077 WGH 33078 b AN ACT concerning employment.

The Prevailing Wage Act is amended by changing Section 65 as follows:

(820 ILCS 130/6)130/5) (from Ch.

39s-6)39s-5) Sec.

6.5.

AnyCertified officer,payroll. agent or representative of any public body who wilfully violates, or omits to comply with, any of the the provisions of this Act, and any contractor or subcontractor, or agent or representative thereof, doing public work as aforesaid, who neglects to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, worker and mechanic employed by him, in connection with the public work or who refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this Act, is guilty of a Class B misdemeanor.

The(a) DepartmentWhile ofparticipating Laboron shallpublic inquireworks, diligentlythe ascontractor to any violation of this Act, shall institute actions for penalties herein prescribed, and shalleach enforcesubcontractor generallyshall: the provisions of this Act.

The(1) Attorneymake Generaland shallkeep, prosecutefor sucha casesperiod uponof complaintnot byless thethan Department3 oryears, anyrecords interestedof person.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 HB2108 Engrossed - 2 - LRB094 03077 WGH 33078 b 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 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 2 business days’ notice, the contractor and each subcontractor shall make such records available at all reasonable hours at a location within this State.

81-992.)93-38, eff.

6-1-04;

94-515, eff.

8-10-05.) Section 99.

Effective date.

This Act takes effect upon becoming law.