Any contractor and each subcontractor who is engaged in and is executing a River Edge construction jobs project for a taxpayer that is entitled to a credit pursuant to Section 10-10.3 of this Act shall:
         (1) make and keep, for a period of 5 years from the
    
date of the last payment made on or after June 5, 2019 (the effective date of Public Act 101-9) on a contract or subcontract for a River Edge Construction Jobs Project in a River Edge Redevelopment Zone records of all laborers and other workers employed by them on the project; the records shall include:
            (A) the worker’s name;

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $2,500
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
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Terms Used In Illinois Compiled Statutes 65 ILCS 115/10-10.4

  • Contract: A legal written agreement that becomes binding when signed.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

             (B) the worker’s address;
             (C) the worker’s telephone number, if available;
             (D) the worker’s social security number;
             (E) the worker’s classification or
        
classifications;
            (F) the worker’s gross and net wages paid in each
        
pay period;
            (G) the worker’s number of hours worked each day;
             (H) the worker’s starting and ending times of
        
work each day;
            (I) the worker’s hourly wage rate; and
             (J) the worker’s hourly overtime wage rate; and
         (2) no later than the 15th day of each calendar
    
month, provide a certified payroll for the immediately preceding month to the taxpayer in charge of the project; within 5 business days after receiving the certified payroll, the taxpayer shall file the certified payroll with the Department of Labor and the Department of Commerce and Economic Opportunity; a certified payroll must be filed for only those calendar months during which construction on a River Edge Construction Jobs Project has occurred; the certified payroll shall consist of a complete copy of the records identified in paragraph (1), 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 or an officer, employee, or agent of the contractor or subcontractor which avers that:
            (A) he or she has examined the certified payroll
        
records required to be submitted and such records are true and accurate; and
            (B) the contractor or subcontractor is aware that
        
filing a certified payroll that he or she knows to be false is a Class A misdemeanor.
    A general contractor is not prohibited from relying on a certified payroll 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 Section, and any officer, employee, or agent of such contractor or subcontractor whose duty as an officer, employee, or agent it is to file a certified payroll under this Section, who willfully fails to file such a certified payroll on or before the date such certified payroll is required to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of this Act and guilty of a Class A misdemeanor.
     The taxpayer in charge of the project shall keep the records submitted in accordance with this Section on or after June 5, 2019 (the effective date of Public Act 101-9) for a period of 5 years from the date of the last payment for work on a contract or subcontract for the project.
     The records submitted in accordance with this Section 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 Department of Labor shall accept any reasonable submissions by the contractor that meet the requirements of this Section and shall share the information with the Department in order to comply with the awarding of River Edge construction jobs credits. A contractor, subcontractor, or public body may retain records required under this Section in paper or electronic format.
     Upon 7 business days’ notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records identified in paragraph (1) of this Section to the taxpayer in charge of the project, its officers and agents, the Director of Labor and his or her deputies and agents, and to federal, State, or local law enforcement agencies and prosecutors.
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