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Sen. Gary Forby
Filed: 3/18/2009
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LRB096 04752 WGH 22671 a |
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| AMENDMENT TO SENATE BILL 223
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| AMENDMENT NO. ______. Amend Senate Bill 223 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Prevailing Wage Act is amended by changing |
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| Section 2 as follows:
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| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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| Sec. 2. This Act applies to the wages of laborers, |
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| mechanics and
other workers employed in any public works, as |
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| hereinafter defined, by
any public body and to anyone under |
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| contracts for public works. This includes any maintenance, |
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| repair, assembly, or disassembly work performed on equipment |
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| whether owned, leased, or rented.
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| As used in this Act, unless the context indicates |
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| otherwise:
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| "Public works" means all fixed works constructed by
any |
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| public body, other than work done directly by any public |
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| utility
company, whether or not done under public supervision |
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| or direction,
or paid for wholly or in part out of public |
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| funds. "Public works" as
defined herein includes all projects |
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| financed in whole
or in part with bonds, grants, loans, or |
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| other funds made available by or through the State or any of |
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| its political subdivisions, including but not limited to: bonds |
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| issued under the Industrial Project Revenue Bond
Act (Article |
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| 11, Division 74 of the Illinois Municipal Code), the Industrial
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| Building Revenue Bond Act, the Illinois Finance Authority Act,
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| the Illinois Sports Facilities Authority Act, or the Build |
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| Illinois Bond Act ; ,
and all projects financed in whole or in |
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| part with loans or other funds made
available pursuant to the |
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| Build Illinois Act ; or . "Public works" also includes
all |
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| projects financed in whole or in part with funds from the Fund |
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| for
Illinois' Future under Section 6z-47 of the State Finance |
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| Act, funds for school
construction under Section 5 of the |
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| General Obligation Bond Act, funds
authorized under Section 3 |
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| of the School Construction Bond Act, funds for
school |
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| infrastructure under Section 6z-45 of the State Finance Act, |
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| and funds
for transportation purposes under Section 4 of the |
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| General Obligation Bond
Act. "Public works" also includes all |
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| projects financed in whole or in part
with funds from the |
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| Department of Commerce and Economic Opportunity under the |
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| Illinois Renewable Fuels Development Program
Act for which |
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| there is no project labor agreement. "Public works" also |
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| includes all projects at leased facility property used for |
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| airport purposes under Section 35 of the Local Government |
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| Facility Lease Act.
"Public works" does not include work done |
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| directly by any public utility company, whether or not done |
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| under public supervision or direction, or paid for wholly or in |
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| part out of public funds. "Public works" does not include |
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| projects undertaken by the owner at an owner-occupied |
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| single-family residence or at an owner-occupied unit of a |
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| multi-family residence.
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| "Construction" means all work on public works involving |
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| laborers,
workers or mechanics. This includes any maintenance, |
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| repair, assembly, or disassembly work performed on equipment |
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| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon |
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| public works
is performed, except (1) that if there is not |
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| available in the county a
sufficient number of competent |
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| skilled laborers, workers and mechanics
to construct the public |
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| works efficiently and properly, "locality"
includes any other |
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| county nearest the one in which the work or
construction is to |
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| be performed and from which such persons may be
obtained in |
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| sufficient numbers to perform the work and (2) that, with
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| respect to contracts for highway work with the Department of
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| Transportation of this State, "locality" may at the discretion |
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| of the
Secretary of the Department of Transportation be |
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| construed to include
two or more adjacent counties from which |
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| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or |
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| commission of
the State or any political subdivision or |
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| department thereof, or any
institution supported in whole or in |
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| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, |
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| reclamation
improvement or other district and every other |
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| political subdivision,
district or municipality of the state |
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| whether such political
subdivision, municipality or district |
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| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", |
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| "general
prevailing rate of wages" or "prevailing rate of |
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| wages" when used in
this Act mean the hourly cash wages plus |
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| fringe benefits for training and
apprenticeship programs |
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| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, |
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| vacations and
pensions paid generally, in the
locality in which |
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| the work is being performed, to employees engaged in
work of a |
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| similar character on public works.
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| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)".
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