Labor Committee
Filed: 3/1/2007
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1 | AMENDMENT TO HOUSE BILL 985
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2 | AMENDMENT NO. ______. Amend House Bill 985 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 2 and 3 as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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7 | Sec. 2. This Act applies to the wages of laborers, | ||||||
8 | mechanics and
other workers employed in any public works, as | ||||||
9 | hereinafter defined, by
any public body and to anyone under | ||||||
10 | contracts for public works. This includes any maintenance, | ||||||
11 | repair, assembly, or disassembly work performed on equipment | ||||||
12 | whether owned, leased, or rented.
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13 | As used in this Act, unless the context indicates | ||||||
14 | otherwise:
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15 | "Public works" means all fixed works constructed by
any | ||||||
16 | public body, other than work done directly by any public |
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1 | utility
company, whether or not done under public supervision | ||||||
2 | or direction,
or paid for wholly or in part out of public | ||||||
3 | funds. "Public works" as
defined herein includes all projects | ||||||
4 | financed in whole
or in part with bonds issued under the | ||||||
5 | Industrial Project Revenue Bond
Act (Article 11, Division 74 of | ||||||
6 | the Illinois Municipal Code), the Industrial
Building Revenue | ||||||
7 | Bond Act, the Illinois Finance Authority Act,
the Illinois | ||||||
8 | Sports Facilities Authority Act, or the Build Illinois Bond | ||||||
9 | Act,
and all projects financed in whole or in part with loans | ||||||
10 | or other funds made
available pursuant to the Build Illinois | ||||||
11 | Act. "Public works" also includes
all projects financed in | ||||||
12 | whole or in part with funds from the Fund for
Illinois' Future | ||||||
13 | under Section 6z-47 of the State Finance Act, funds for school
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14 | construction under Section 5 of the General Obligation Bond | ||||||
15 | Act, funds
authorized under Section 3 of the School | ||||||
16 | Construction Bond Act, funds for
school infrastructure under | ||||||
17 | Section 6z-45 of the State Finance Act, and funds
for | ||||||
18 | transportation purposes under Section 4 of the General | ||||||
19 | Obligation Bond
Act. "Public works" also includes all projects | ||||||
20 | financed in whole or in part
with funds from the Department of | ||||||
21 | Commerce and Economic Opportunity under the Illinois Renewable | ||||||
22 | Fuels Development Program
Act for which there is no project | ||||||
23 | labor agreement. "Public works" also includes all projects at | ||||||
24 | leased facility property used for airport purposes under | ||||||
25 | Section 35 of the Local Government Facility Lease Act.
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26 | "Construction" means all work on public works involving |
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1 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
2 | repair, assembly, or disassembly work performed on equipment | ||||||
3 | whether owned, leased, or rented.
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4 | "Locality" means the county where the physical work upon | ||||||
5 | public works
is performed, except (1) that if there is not | ||||||
6 | available in the county a
sufficient number of competent | ||||||
7 | skilled laborers, workers and mechanics
to construct the public | ||||||
8 | works efficiently and properly, "locality"
includes any other | ||||||
9 | county nearest the one in which the work or
construction is to | ||||||
10 | be performed and from which such persons may be
obtained in | ||||||
11 | sufficient numbers to perform the work and (2) that, with
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12 | respect to contracts for highway work with the Department of
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13 | Transportation of this State, "locality" may at the discretion | ||||||
14 | of the
Secretary of the Department of Transportation be | ||||||
15 | construed to include
two or more adjacent counties from which | ||||||
16 | workers may be accessible for
work on such construction.
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17 | "Public body" means the State or any officer, board or | ||||||
18 | commission of
the State or any political subdivision or | ||||||
19 | department thereof, or any
institution supported in whole or in | ||||||
20 | part by public funds,
and includes every county, city, town,
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21 | village, township, school district, irrigation, utility, | ||||||
22 | reclamation
improvement or other district and every other | ||||||
23 | political subdivision,
district or municipality of the state | ||||||
24 | whether such political
subdivision, municipality or district | ||||||
25 | operates under a special charter
or not.
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26 | The terms "general prevailing rate of hourly wages", |
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1 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
2 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
3 | fringe benefits for training and
apprenticeship programs | ||||||
4 | approved by the U.S. Department of Labor, Bureau of
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5 | Apprenticeship and Training, health and welfare, insurance, | ||||||
6 | vacations and
pensions paid generally, in the
locality in which | ||||||
7 | the work is being performed, to employees engaged in
work of a | ||||||
8 | similar character on public works.
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9 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, | ||||||
10 | eff. 1-1-04; 94-750, eff. 5-9-06.)
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11 | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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12 | Sec. 3. Not less than the general prevailing rate of hourly | ||||||
13 | wages for
work of a similar character on public works in the | ||||||
14 | locality in which the
work is performed, and not less than the | ||||||
15 | general prevailing rate of
hourly wages for legal holiday and | ||||||
16 | overtime work, shall be paid to all
laborers, workers and | ||||||
17 | mechanics employed by or on behalf of any public
body engaged | ||||||
18 | in the construction of public works.
This includes any | ||||||
19 | maintenance, repair, assembly, or disassembly work performed | ||||||
20 | on equipment whether owned, leased, or rented. Only such | ||||||
21 | laborers, workers and mechanics as are
directly employed by | ||||||
22 | contractors or subcontractors in actual
construction work on | ||||||
23 | the site of the building or construction job, and
laborers, | ||||||
24 | workers and mechanics engaged in the transportation of
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25 | materials and equipment to or from the site, but not including |
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1 | the
transportation by the sellers and suppliers or the | ||||||
2 | manufacture or
processing of materials or equipment, in the | ||||||
3 | execution of any contract
or contracts for public works with | ||||||
4 | any public body shall be deemed to be
employed upon public | ||||||
5 | works. The wage for a tradesman performing maintenance
is | ||||||
6 | equivalent to that of a tradesman engaged in construction.
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7 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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