Full Text of SB2875 93rd General Assembly
SB2875 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2875
Introduced 2/6/2004, by Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED: |
|
820 ILCS 130/2 |
from Ch. 48, par. 39s-2 |
820 ILCS 130/3 |
from Ch. 48, par. 39s-3 |
|
Provides that the transportation of aggregate materials to or from the job site shall be deemed to be employment on public works. Eliminates a provision that the processing of non-aggregate materials shall not be deemed to be employment on public works.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2875 |
|
LRB093 20812 DRJ 46736 b |
|
| 1 |
| AN ACT concerning employment.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Sections 2 and 3 as follows:
| 6 |
| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 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.
| 11 |
| As used in this Act, unless the context indicates | 12 |
| otherwise:
| 13 |
| "Public works" means all fixed works constructed by
any | 14 |
| public body, other than work done directly by any public | 15 |
| utility
company, whether or not done under public supervision | 16 |
| or direction,
or paid for wholly or in part out of public | 17 |
| funds. "Public works" as
defined herein includes all projects | 18 |
| financed in whole
or in part with bonds issued under the | 19 |
| Industrial Project Revenue Bond
Act (Article 11, Division 74 of | 20 |
| the Illinois Municipal Code), the Industrial
Building Revenue | 21 |
| Bond Act, the Illinois Finance Authority Act,
the Illinois | 22 |
| Sports Facilities Authority Act, or the Build Illinois Bond | 23 |
| Act,
and all projects financed in whole or in part with loans | 24 |
| or other funds made
available pursuant to the Build Illinois | 25 |
| Act. "Public works" also includes
all projects financed in | 26 |
| whole or in part with funds from the Fund for
Illinois' Future | 27 |
| under Section 6z-47 of the State Finance Act, funds for school
| 28 |
| construction under Section 5 of the General Obligation Bond | 29 |
| Act, funds
authorized under Section 3 of the School | 30 |
| Construction Bond Act, funds for
school infrastructure under | 31 |
| Section 6z-45 of the State Finance Act, and funds
for | 32 |
| transportation purposes under Section 4 of the General |
|
|
|
SB2875 |
- 2 - |
LRB093 20812 DRJ 46736 b |
|
| 1 |
| Obligation Bond
Act. "Public works" also includes all projects | 2 |
| financed in whole or in part
with funds from the Department of | 3 |
| Commerce and Economic Opportunity
Community Affairs under the | 4 |
| Illinois Renewable Fuels Development Program
Act for which | 5 |
| there is no project labor agreement.
| 6 |
| "Construction" means all work on public works involving | 7 |
| laborers,
workers or mechanics.
| 8 |
| "Locality" means the county where the physical work upon | 9 |
| public works
is performed, except (1) that if there is not | 10 |
| available in the county a
sufficient number of competent | 11 |
| skilled laborers, workers and mechanics
to construct the public | 12 |
| works efficiently and properly, "locality"
includes any other | 13 |
| county nearest the one in which the work or
construction is to | 14 |
| be performed and from which such persons may be
obtained in | 15 |
| sufficient numbers to perform the work and (2) that, with
| 16 |
| respect to contracts for highway work with the Department of
| 17 |
| Transportation of this State, "locality" may at the discretion | 18 |
| of the
Secretary of the Department of Transportation be | 19 |
| construed to include
two or more adjacent counties from which | 20 |
| workers may be accessible for
work on such construction.
| 21 |
| "Public body" means the State or any officer, board or | 22 |
| commission of
the State or any political subdivision or | 23 |
| department thereof, or any
institution supported in whole or in | 24 |
| part by public funds,
and includes every county, city, town,
| 25 |
| village, township, school district, irrigation, utility, | 26 |
| reclamation
improvement or other district and every other | 27 |
| political subdivision,
district or municipality of the state | 28 |
| whether such political
subdivision, municipality or district | 29 |
| operates under a special charter
or not.
| 30 |
| The terms "general prevailing rate of hourly wages", | 31 |
| "general
prevailing rate of wages" or "prevailing rate of | 32 |
| wages" when used in
this Act mean the hourly cash wages plus | 33 |
| fringe benefits for training and
apprenticeship programs | 34 |
| approved by the U.S. Department of Labor, Bureau of
| 35 |
| Apprenticeship and Training, health and welfare, insurance, | 36 |
| vacations and
pensions paid generally, in the
locality in which |
|
|
|
SB2875 |
- 3 - |
LRB093 20812 DRJ 46736 b |
|
| 1 |
| the work is being performed, to employees engaged in
work of a | 2 |
| similar character on public works.
| 3 |
| "Aggregate materials" means rock, gravel, sand, pebbles, | 4 |
| dirt, soil, clay, bitumen, cultured/polymer, cement, concrete, | 5 |
| asphalt, and like materials.
| 6 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-15, eff. 6-11-03; 93-16, | 7 |
| eff. 1-1-04;
93-205, eff. 1-1-04; revised 1-12-04.)
| 8 |
| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 9 |
| Sec. 3. Not less than the general prevailing rate of hourly | 10 |
| wages for
work of a similar character on public works in the | 11 |
| locality in which the
work is performed, and not less than the | 12 |
| general prevailing rate of
hourly wages for legal holiday and | 13 |
| overtime work, shall be paid to all
laborers, workers and | 14 |
| mechanics employed by or on behalf of any public
body engaged | 15 |
| in the construction of public works.
Only such laborers, | 16 |
| workers and mechanics as are
directly employed by contractors | 17 |
| or subcontractors in actual
construction work on the site of | 18 |
| the building or construction job, and
laborers, workers and | 19 |
| mechanics engaged in the transportation of
materials , | 20 |
| including aggregate materials, and equipment to or from the | 21 |
| site, but not including the
transportation by the sellers and | 22 |
| suppliers or the manufacture or
processing of materials or | 23 |
| equipment, in the execution of any contract
or contracts for | 24 |
| public works with any public body shall be deemed to be
| 25 |
| employed upon public works. | 26 |
| The transportation by the sellers and suppliers or the | 27 |
| manufacture of non-aggregate materials or equipment in the | 28 |
| execution of any contract or contracts for public works with | 29 |
| any public body shall not be deemed to be employment upon | 30 |
| public works.
| 31 |
| The wage for a tradesman performing maintenance
is | 32 |
| equivalent to that of a tradesman engaged in construction.
| 33 |
| (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
|
|