Bill Status of SB 1529   95th General Assembly


Short Description:  PREVAILING WAGE-HEARINGS

Senate Sponsors
Sen. Gary Forby-Dan Rutherford

House Sponsors
(Rep. John E. Bradley-Lou Lang-Lisa M. Dugan-LaShawn K. Ford)


Last Action  View All Actions

DateChamber Action
  12/30/2008SenatePublic Act . . . . . . . . . 95-1021

Statutes Amended In Order of Appearance
820 ILCS 130/4from Ch. 48, par. 39s-4
820 ILCS 130/5from Ch. 48, par. 39s-5
820 ILCS 130/9from Ch. 48, par. 39s-9

Synopsis As Introduced
Amends the Prevailing Wage Act. Provides that a failure to provide prevailing wage information in certain project specifications, contracts, subcontracts, or notices does not excuse a contractor or subcontractor from paying the prevailing wage. Deletes language providing that 2 or more investigatory hearings on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the Department of Labor. Provides that contractors and subcontractors shall make and keep, for not less than 5 (rather than 3) years, records of all laborers, mechanics, and other workers employed by them on a project. Provides that a public body or the Department of Labor, whichever has made a prevailing wage determination, is authorized to hear each timely filed written objection, that 2 or more hearings on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the Department, that the consolidation shall occur whether each separate hearing is conducted by a public body or the Department, and that the party requesting a consolidated hearing has the burden of establishing that there is no existing prevailing wage classification for the particular craft or type of worker in any of the localities under consideration. Effective immediately.

Senate Floor Amendment No. 2
Deletes language providing that the failure to provide prevailing wage information in certain project specifications, contracts, subcontracts, or notices does not excuse a contractor or subcontractor from paying the prevailing wage.

House Amendment No. 1
Adds reference to:
820 ILCS 130/2from Ch. 48, par. 39s-2
820 ILCS 130/3from Ch. 48, par. 39s-3

Deletes everything after the enacting clause, re-inserts similar provisions, and makes the following additions. Amends the Prevailing Wage Act. Defines "aggregate materials". Provides that: laborers, workers, and mechanics directly employed by contractors or subcontractors in actual construction work on the site of a building or construction job are deemed to be employed upon public works; the site of a building or construction job includes a facility dedicated to the performance of the contract or project and located in such close proximity to the actual construction location that it would be reasonable to include it; laborers, workers, and mechanics engaged in the transportation of aggregate and excavated materials and equipment operated to haul to or from the site are deemed to be employed upon public works; to determine the prevailing wage rate for a laborer, worker, or mechanic engaged in the transportation of aggregate or excavated materials or the operation of equipment to haul aggregate or excavated materials to or from the site of a building or construction job, the Department of Labor shall take into consideration the applicable prevailing wage rate and the Illinois Department of Transportation's current method of establishing equipment rates; and the transportation by the sellers and suppliers or the manufacture or processing of non-aggregate materials or equipment in the execution of any contract or contracts for public works with any public body is not deemed to be employment upon public works. Removes the immediate effective date.

 Judicial Note, House Amendment No. 1 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the judicial branch.

 Pension Note, House Amendment No. 1 (Government Forecasting & Accountability)
 SB 1529 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 Fiscal Note, House Amendment No. 1 (Dept. of Labor)
 The fiscal impact is as follows: Personnel (1 Labor Conciliator) = $65,000; Fringes = $12,500; Travel = $3,000; Commodities = $500; EDP Equipment = $3,000; Telecommunications = $500; Total Fiscal Impact = $84,500.

 State Debt Impact Note, House Amendment No. 1 (Government Forecasting & Accountability)
 SB 1529 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Mandates Fiscal Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 1529 (H-AM 1) does not create a State mandate under the State Mandates Act.

 Home Rule Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 1529 (H-AM 1) does not pre-empt home rule authority.

 Housing Affordability Impact Note, House Amendment No. 1 (Housing Development Authority)
 While this proposed legislation appears to expand the job classification that falls under SPWRA, there is insufficient information to determine if there are any significant increased costs compared to current and historical practices.

House Amendment No. 3
Deletes reference to:
820 ILCS 130/2
820 ILCS 130/3
820 ILCS 130/4
820 ILCS 130/5
820 ILCS 130/9
Adds reference to:
105 ILCS 5/13-50 new

Deletes everything after the enacting clause. Amends the School Code. Provides that all contracts between the Illinois Department of Corrections or the Illinois Department of Juvenile Justice and the Macon-Piatt Regional Office of Education to provide educational services for the Department of Corrections or the Department of Juvenile Justice shall be canceled in accordance with the terms of those contracts. Provides that upon cancellation, each employee of the Macon-Piatt Regional Office of Education who had been providing educational services for the Department of Corrections or the Department of Juvenile Justice shall be offered certified employment status under the Personnel Code with the State of Illinois, and that to the extent that it is reasonably practicable, unless otherwise agreed to by the Department of Central Management Services and the collective bargaining representative, the position offered to each of these persons shall be at the same facility and shall consist of the same duties and hours as previously existed under the canceled contract or contracts.

Actions 
DateChamber Action
  2/9/2007SenateFiled with Secretary by Sen. Gary Forby
  2/9/2007SenateFirst Reading
  2/9/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Labor
  3/15/2007SenateDo Pass Labor; 006-004-000
  3/15/2007SenatePlaced on Calendar Order of 2nd Reading March 20, 2007
  3/22/2007SenateSecond Reading
  3/22/2007SenatePlaced on Calendar Order of 3rd Reading March 27, 2007
  3/23/2007SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Gary Forby
  3/23/2007SenateSenate Floor Amendment No. 1 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 1 Rules Refers to Labor
  3/28/2007SenateSenate Floor Amendment No. 1 Held in Labor
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  5/2/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Gary Forby
  5/2/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  5/2/2007SenateSenate Floor Amendment No. 2 Rules Refers to Labor
  5/3/2007SenateSenate Floor Amendment No. 1 Tabled in Labor
  5/3/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Labor; 006-000-001
  5/10/2007SenateRecalled to Second Reading
  5/10/2007SenateSenate Floor Amendment No. 2 Adopted; Forby
  5/10/2007SenatePlaced on Calendar Order of 3rd Reading
  5/10/2007SenateThird Reading - Passed; 055-000-000
  5/14/2007HouseArrived in House
  5/14/2007HousePlaced on Calendar Order of First Reading
  5/14/2007HouseChief House Sponsor Rep. Brandon W. Phelps
  5/15/2007HouseFirst Reading
  5/15/2007HouseReferred to Rules Committee
  5/18/2007HouseAssigned to Labor Committee
  5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007
  5/22/2007HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley
  5/22/2007HouseAlternate Chief Co-Sponsor Removed Rep. John E. Bradley
  5/25/2007HouseFinal Action Deadline Extended-9(b) May 31, 2007
  5/28/2007HouseAlternate Chief Sponsor Changed to Rep. Careen M Gordon
  5/29/2007HouseHouse Amendment No. 1 Filed with Clerk by Labor Committee
  5/29/2007HouseHouse Amendment No. 1 Adopted in Labor Committee; by Voice Vote
  5/29/2007HouseDo Pass as Amended / Short Debate Labor Committee; 013-007-000
  5/29/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2007HouseSecond Reading - Short Debate
  5/29/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2007HouseHouse Amendment No. 1 Judicial Note Filed as Amended
  5/30/2007HouseHouse Amendment No. 1 Pension Note Filed as Amended
  5/30/2007HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. Timothy L. Schmitz
  5/30/2007HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  5/30/2007HouseHouse Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Timothy L. Schmitz
  5/30/2007HouseHouse Amendment No. 1 Home Rule Note Requested as Amended by Rep. Timothy L. Schmitz
  5/30/2007HouseHouse Amendment No. 1 State Debt Impact Note Filed as Amended
  5/30/2007HouseHouse Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/30/2007HouseHouse Amendment No. 1 Home Rule Note Filed as Amended
  5/31/2007HouseHouse Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007
  6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007
  6/29/2007HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  6/29/2007HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan
  6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007
  7/31/2007HouseFinal Action Deadline Extended-9(b) August 4, 2007
  8/4/2007HouseFinal Action Deadline Extended-9(b) August 10, 2007
  8/10/2007HouseFinal Action Deadline Extended-9(b) August 17, 2007
  8/17/2007HouseFinal Action Deadline Extended-9(b) August 24, 2007
  8/24/2007HouseFinal Action Deadline Extended-9(b) September 5, 2007
  9/5/2007HouseFinal Action Deadline Extended-9(b) October 5, 2007
  10/5/2007HouseFinal Action Deadline Extended-9(b) October 12, 2007
  10/12/2007HouseFinal Action Deadline Extended-9(b) November 2, 2007
  11/2/2007HouseFinal Action Deadline Extended-9(b) November 30, 2007
  11/30/2007HouseFinal Action Deadline Extended-9(b) January 10, 2008
  1/10/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/17/2008HouseAdded Alternate Chief Co-Sponsor Rep. LaShawn K. Ford
  11/13/2008HouseFinal Action Deadline Extended-9(b) November 30, 2008
  11/13/2008HouseApproved for Consideration Rules Committee; 003-000-000
  11/14/2008HousePlaced on Calendar 2nd Reading - Short Debate
  11/17/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. John E. Bradley
  11/17/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  11/18/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. John E. Bradley
  11/18/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  11/18/2008HouseHouse Amendment No. 3 Rules Refers to Executive Committee
  11/19/2008HouseHouse Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000
  11/19/2008HouseAlternate Chief Sponsor Changed to Rep. John E. Bradley
  11/19/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  11/19/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/19/2008HouseThird Reading - Short Debate - Passed 108-001-001
  11/19/2008HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a)
  11/19/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01,03
  11/19/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) November 20, 2008; 01,03
  11/19/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Gary Forby
  11/19/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  11/19/2008SenateHouse Amendment No. 3 Motion to Concur Filed with Secretary Sen. Gary Forby
  11/19/2008SenateHouse Amendment No. 3 Motion to Concur Referred to Rules
  11/20/2008SenateHouse Amendment No. 1 Motion to Concur Rules Referred to State Government and Veterans Affairs
  11/20/2008SenateHouse Amendment No. 3 Motion to Concur Rules Referred to State Government and Veterans Affairs
  11/20/2008SenateAdded as Chief Co-Sponsor Sen. Dan Rutherford
  11/20/2008SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 005-000-000
  11/20/2008SenateHouse Amendment No. 3 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 005-000-000
  11/20/2008SenateHouse Amendment No. 1 Senate Concurs 040-011-001
  11/20/2008SenateHouse Amendment No. 3 Senate Concurs 040-011-001
  11/20/2008SenatePassed Both Houses
  12/19/2008SenateSent to the Governor
  12/30/2008SenateGovernor Approved
  12/30/2008SenateEffective Date June 1, 2009
  12/30/2008SenatePublic Act . . . . . . . . . 95-1021

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