Full Text of HB5323 95th General Assembly
HB5323 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5323
Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/2 |
from Ch. 48, par. 39s-2 |
820 ILCS 130/3 |
from Ch. 48, par. 39s-3 |
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Amends the Prevailing Wage Act. Provides that the Act applies to the demolition of public works.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5323 |
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LRB095 17151 RLC 43208 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Sections 2 and 3 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, | 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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| As used in this Act, unless the context indicates | 14 |
| otherwise:
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| "Public works" means all fixed works constructed or | 16 |
| demolished by
any public body, other than work done directly by | 17 |
| any public utility
company, whether or not done under public | 18 |
| supervision or direction,
or paid for wholly or in part out of | 19 |
| public funds. "Public works" as
defined herein includes all | 20 |
| projects financed in whole
or in part with bonds issued under | 21 |
| the Industrial Project Revenue Bond
Act (Article 11, Division | 22 |
| 74 of the Illinois Municipal Code), the Industrial
Building | 23 |
| Revenue Bond Act, the Illinois Finance Authority Act,
the |
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HB5323 |
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LRB095 17151 RLC 43208 b |
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| Illinois Sports Facilities Authority Act, or the Build Illinois | 2 |
| Bond Act,
and all projects financed in whole or in part with | 3 |
| loans or other funds made
available pursuant to the Build | 4 |
| Illinois Act. "Public works" also includes
all projects | 5 |
| financed in whole or in part with funds from the Fund for
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| Illinois' Future under Section 6z-47 of the State Finance Act, | 7 |
| funds for school
construction under Section 5 of the General | 8 |
| Obligation Bond Act, funds
authorized under Section 3 of the | 9 |
| School Construction Bond Act, funds for
school infrastructure | 10 |
| under Section 6z-45 of the State Finance Act, and funds
for | 11 |
| transportation purposes under Section 4 of the General | 12 |
| Obligation Bond
Act. "Public works" also includes all projects | 13 |
| financed in whole or in part
with funds from the Department of | 14 |
| Commerce and Economic Opportunity under the Illinois Renewable | 15 |
| Fuels Development Program
Act for which there is no project | 16 |
| labor agreement. "Public works" also includes all projects at | 17 |
| leased facility property used for airport purposes under | 18 |
| Section 35 of the Local Government Facility Lease Act.
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| "Construction" means all work on public works involving | 20 |
| laborers,
workers or mechanics. This includes any maintenance, | 21 |
| repair, assembly, or disassembly work performed on equipment | 22 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 24 |
| public works
is performed, except (1) that if there is not | 25 |
| available in the county a
sufficient number of competent | 26 |
| skilled laborers, workers and mechanics
to construct the public |
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HB5323 |
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LRB095 17151 RLC 43208 b |
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| works efficiently and properly, "locality"
includes any other | 2 |
| county nearest the one in which the work or
construction is to | 3 |
| be performed and from which such persons may be
obtained in | 4 |
| 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 | 7 |
| of the
Secretary of the Department of Transportation be | 8 |
| construed to include
two or more adjacent counties from which | 9 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 11 |
| commission of
the State or any political subdivision or | 12 |
| department thereof, or any
institution supported in whole or in | 13 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 15 |
| reclamation
improvement or other district and every other | 16 |
| political subdivision,
district or municipality of the state | 17 |
| whether such political
subdivision, municipality or district | 18 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 20 |
| "general
prevailing rate of wages" or "prevailing rate of | 21 |
| wages" when used in
this Act mean the hourly cash wages plus | 22 |
| fringe benefits for training and
apprenticeship programs | 23 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 25 |
| vacations and
pensions paid generally, in the
locality in which | 26 |
| the work is being performed, to employees engaged in
work of a |
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HB5323 |
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LRB095 17151 RLC 43208 b |
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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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| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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| Sec. 3. Not less than the general prevailing rate of hourly | 5 |
| wages for
work of a similar character on public works in the | 6 |
| locality in which the
work is performed, and not less than the | 7 |
| general prevailing rate of
hourly wages for legal holiday and | 8 |
| overtime work, shall be paid to all
laborers, workers and | 9 |
| mechanics employed by or on behalf of any public
body engaged | 10 |
| in the construction or demolition of public works.
This | 11 |
| includes any maintenance, repair, assembly, or disassembly | 12 |
| work performed on equipment whether owned, leased, or rented. | 13 |
| Only such laborers, workers and mechanics as are
directly | 14 |
| employed by contractors or subcontractors in actual
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| construction work on the site of the building or construction | 16 |
| job, and
laborers, workers and mechanics engaged in the | 17 |
| transportation of
materials and equipment to or from the site, | 18 |
| but not including the
transportation by the sellers and | 19 |
| suppliers or the manufacture or
processing of materials or | 20 |
| equipment, in the execution of any contract
or contracts for | 21 |
| public works with any public body shall be deemed to be
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| employed upon public works. The wage for a tradesman performing | 23 |
| maintenance
is equivalent to that of a tradesman engaged in | 24 |
| construction or demolition .
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| (Source: P.A. 95-341, eff. 8-21-07.)
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