Full Text of SB3813 096th General Assembly
SB3813 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3813
Introduced 2/11/2010, by Sen. Mike Jacobs 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. Defines "aggregate material". Provides that regardless of location laborers, workers, and mechanics who produce aggregate material that is incorporated, directly or indirectly, into a public works, and regardless of location all laborers, workers and mechanics who process aggregate material into concrete, cement or asphalt that is incorporated, directly or indirectly, into a public works shall be deemed to be
employed upon public works.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB3813 |
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LRB096 19609 RLC 35003 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,
or paid for wholly or in part | 17 |
| out of public funds. "Public works" as
defined herein includes | 18 |
| all projects financed in whole
or in part with bonds, grants, | 19 |
| loans, or other funds made available by or through the State or | 20 |
| any of its political subdivisions, including but not limited | 21 |
| to: bonds issued under the Industrial Project Revenue Bond
Act | 22 |
| (Article 11, Division 74 of the Illinois Municipal Code), the | 23 |
| Industrial
Building Revenue Bond Act, the Illinois Finance |
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SB3813 |
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LRB096 19609 RLC 35003 b |
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| Authority Act,
the Illinois Sports Facilities Authority Act, or | 2 |
| the Build Illinois Bond Act; loans or other funds made
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| available pursuant to the Build Illinois Act; or funds from the | 4 |
| Fund for
Illinois' Future under Section 6z-47 of the State | 5 |
| Finance Act, funds for school
construction under Section 5 of | 6 |
| the General Obligation Bond Act, funds
authorized under Section | 7 |
| 3 of the School Construction Bond Act, funds for
school | 8 |
| infrastructure under Section 6z-45 of the State Finance Act, | 9 |
| and funds
for transportation purposes under Section 4 of the | 10 |
| General Obligation Bond
Act. "Public works" also includes all | 11 |
| projects financed in whole or in part
with funds from the | 12 |
| Department of Commerce and Economic Opportunity under the | 13 |
| Illinois Renewable Fuels Development Program
Act for which | 14 |
| there is no project labor agreement. "Public works" also | 15 |
| includes all projects at leased facility property used for | 16 |
| airport purposes under Section 35 of the Local Government | 17 |
| Facility Lease Act. "Public works" also includes the | 18 |
| construction of a new wind power facility by a business | 19 |
| designated as a High Impact Business under Section 5.5(a)(3)(E) | 20 |
| of the Illinois Enterprise Zone Act.
"Public works" does not | 21 |
| include work done directly by any public utility company, | 22 |
| whether or not done under public supervision or direction, or | 23 |
| paid for wholly or in part out of public funds. "Public works" | 24 |
| does not include projects undertaken by the owner at an | 25 |
| owner-occupied single-family residence or at an owner-occupied | 26 |
| unit of a multi-family residence.
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SB3813 |
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LRB096 19609 RLC 35003 b |
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| "Construction" means all work on public works involving | 2 |
| laborers,
workers or mechanics. This includes any maintenance, | 3 |
| repair, assembly, or disassembly work performed on equipment | 4 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 6 |
| public works
is performed, except (1) that if there is not | 7 |
| available in the county a
sufficient number of competent | 8 |
| skilled laborers, workers and mechanics
to construct the public | 9 |
| works efficiently and properly, "locality"
includes any other | 10 |
| county nearest the one in which the work or
construction is to | 11 |
| be performed and from which such persons may be
obtained in | 12 |
| 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 | 15 |
| of the
Secretary of the Department of Transportation be | 16 |
| construed to include
two or more adjacent counties from which | 17 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 19 |
| commission of
the State or any political subdivision or | 20 |
| department thereof, or any
institution supported in whole or in | 21 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 23 |
| reclamation
improvement or other district and every other | 24 |
| political subdivision,
district or municipality of the state | 25 |
| whether such political
subdivision, municipality or district | 26 |
| operates under a special charter
or not.
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SB3813 |
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LRB096 19609 RLC 35003 b |
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| The terms "general prevailing rate of hourly wages", | 2 |
| "general
prevailing rate of wages" or "prevailing rate of | 3 |
| wages" when used in
this Act mean the hourly cash wages plus | 4 |
| fringe benefits for training and
apprenticeship programs | 5 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 7 |
| vacations and
pensions paid generally, in the
locality in which | 8 |
| the work is being performed, to employees engaged in
work of a | 9 |
| similar character on public works.
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| The term "aggregate material" when used in this Act means | 11 |
| rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, | 12 |
| cultured polymer, cement, concrete, asphalt and like | 13 |
| materials. | 14 |
| (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 15 |
| eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
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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 | 18 |
| wages for
work of a similar character on public works in the | 19 |
| locality in which the
work is performed, and not less than the | 20 |
| general prevailing rate of
hourly wages for legal holiday and | 21 |
| overtime work, shall be paid to all
laborers, workers and | 22 |
| mechanics employed by or on behalf of any public
body engaged | 23 |
| in the construction or demolition of public works.
This | 24 |
| includes any maintenance, repair, assembly, or disassembly | 25 |
| work performed on equipment whether owned, leased, or rented. |
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SB3813 |
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LRB096 19609 RLC 35003 b |
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| Only such laborers, workers and mechanics as are
directly | 2 |
| employed by contractors or subcontractors in actual
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| construction work on the site of the building or construction | 4 |
| job, and regardless of location all laborers, workers and | 5 |
| mechanics who produce aggregate material that is incorporated, | 6 |
| directly or indirectly, into a public works, and regardless of | 7 |
| location all laborers, workers and mechanics who process | 8 |
| aggregate material into concrete, cement or asphalt that is | 9 |
| incorporated, directly or indirectly, into a public works, and
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| laborers, workers and mechanics engaged in the transportation | 11 |
| of
materials and equipment to or from the site, but not | 12 |
| including the
transportation by the sellers and suppliers or | 13 |
| the manufacture or
processing of materials , excluding | 14 |
| aggregate materials, or equipment, in the execution of any | 15 |
| contract
or contracts for public works with any public body | 16 |
| shall be deemed to be
employed upon public works. The wage for | 17 |
| a tradesman performing maintenance
is equivalent to that of a | 18 |
| tradesman engaged in construction or demolition.
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| (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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