Full Text of SB1629 97th General Assembly
SB1629 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1629 Introduced 2/9/2011, by Sen. Chris Lauzen 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 shall not apply to the wages of any owner, corporate officer, or other person vested with the responsibility of managing the affairs of a contractor or subcontractor with 25 employees or less.
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| | A BILL FOR |
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| 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. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented. This Act shall not apply to | 13 | | the wages of any owner, corporate officer, or other person | 14 | | vested with the responsibility of managing the affairs of a | 15 | | contractor or subcontractor with 25 employees or less.
| 16 | | As used in this Act, unless the context indicates | 17 | | otherwise:
| 18 | | "Public works" means all fixed works constructed or | 19 | | demolished by
any public body,
or paid for wholly or in part | 20 | | out of public funds. "Public works" as
defined herein includes | 21 | | all projects financed in whole
or in part with bonds, grants, | 22 | | loans, or other funds made available by or through the State or | 23 | | any of its political subdivisions, including but not limited |
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| 1 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 2 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 3 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 4 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 5 | | the Build Illinois Bond Act; loans or other funds made
| 6 | | available pursuant to the Build Illinois Act; or funds from the | 7 | | Fund for
Illinois' Future under Section 6z-47 of the State | 8 | | Finance Act, funds for school
construction under Section 5 of | 9 | | the General Obligation Bond Act, funds
authorized under Section | 10 | | 3 of the School Construction Bond Act, funds for
school | 11 | | infrastructure under Section 6z-45 of the State Finance Act, | 12 | | and funds
for transportation purposes under Section 4 of the | 13 | | General Obligation Bond
Act. "Public works" also includes (i) | 14 | | all projects financed in whole or in part
with funds from the | 15 | | Department of Commerce and Economic Opportunity under the | 16 | | Illinois Renewable Fuels Development Program
Act for which | 17 | | there is no project labor agreement and (ii) all work performed | 18 | | pursuant to a public private agreement under the Public Private | 19 | | Agreements for the Illiana Expressway Act. "Public works" also | 20 | | includes all projects at leased facility property used for | 21 | | airport purposes under Section 35 of the Local Government | 22 | | Facility Lease Act. "Public works" also includes the | 23 | | construction of a new wind power facility by a business | 24 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 25 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 26 | | include work done directly by any public utility company, |
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| 1 | | whether or not done under public supervision or direction, or | 2 | | paid for wholly or in part out of public funds. "Public works" | 3 | | does not include projects undertaken by the owner at an | 4 | | owner-occupied single-family residence or at an owner-occupied | 5 | | unit of a multi-family residence.
| 6 | | "Construction" means all work on public works involving | 7 | | laborers,
workers or mechanics. This includes any maintenance, | 8 | | repair, assembly, or disassembly work performed on equipment | 9 | | whether owned, leased, or rented.
| 10 | | "Locality" means the county where the physical work upon | 11 | | public works
is performed, except (1) that if there is not | 12 | | available in the county a
sufficient number of competent | 13 | | skilled laborers, workers and mechanics
to construct the public | 14 | | works efficiently and properly, "locality"
includes any other | 15 | | county nearest the one in which the work or
construction is to | 16 | | be performed and from which such persons may be
obtained in | 17 | | sufficient numbers to perform the work and (2) that, with
| 18 | | respect to contracts for highway work with the Department of
| 19 | | Transportation of this State, "locality" may at the discretion | 20 | | of the
Secretary of the Department of Transportation be | 21 | | construed to include
two or more adjacent counties from which | 22 | | workers may be accessible for
work on such construction.
| 23 | | "Public body" means the State or any officer, board or | 24 | | commission of
the State or any political subdivision or | 25 | | department thereof, or any
institution supported in whole or in | 26 | | part by public funds,
and includes every county, city, town,
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| 1 | | village, township, school district, irrigation, utility, | 2 | | reclamation
improvement or other district and every other | 3 | | political subdivision,
district or municipality of the state | 4 | | whether such political
subdivision, municipality or district | 5 | | operates under a special charter
or not.
| 6 | | The terms "general prevailing rate of hourly wages", | 7 | | "general
prevailing rate of wages" or "prevailing rate of | 8 | | wages" when used in
this Act mean the hourly cash wages plus | 9 | | fringe benefits for training and
apprenticeship programs | 10 | | approved by the U.S. Department of Labor, Bureau of
| 11 | | Apprenticeship and Training, health and welfare, insurance, | 12 | | vacations and
pensions paid generally, in the
locality in which | 13 | | the work is being performed, to employees engaged in
work of a | 14 | | similar character on public works.
| 15 | | (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 16 | | eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, | 17 | | eff. 7-2-10.)
| 18 | | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 19 | | Sec. 3. Not less than the general prevailing rate of hourly | 20 | | wages for
work of a similar character on public works in the | 21 | | locality in which the
work is performed, and not less than the | 22 | | general prevailing rate of
hourly wages for legal holiday and | 23 | | overtime work, shall be paid to any all
laborers, workers and | 24 | | mechanics , pursuant to Section 2 of this Act, and employed by | 25 | | or on behalf of any public
body engaged in the construction or |
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| 1 | | demolition of public works.
This includes any maintenance, | 2 | | repair, assembly, or disassembly work performed on equipment | 3 | | whether owned, leased, or rented. Only such laborers, workers | 4 | | and mechanics as are
directly employed by contractors or | 5 | | subcontractors in actual
construction work on the site of the | 6 | | building or construction job, and
laborers, workers and | 7 | | mechanics engaged in the transportation of
materials and | 8 | | equipment to or from the site, but not including the
| 9 | | transportation by the sellers and suppliers or the manufacture | 10 | | or
processing of materials or equipment, in the execution of | 11 | | any contract
or contracts for public works with any public body | 12 | | shall be deemed to be
employed upon public works. The wage for | 13 | | a tradesman performing maintenance
is equivalent to that of a | 14 | | tradesman engaged in construction or demolition.
| 15 | | (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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