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1 | AN ACT concerning labor.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 2 and 3 as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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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.
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11 | As used in this Act, unless the context indicates | ||||||
12 | otherwise:
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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
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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 |
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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.
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6 | "Construction" means all work on public works involving | ||||||
7 | laborers,
workers or mechanics.
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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
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16 | respect to contracts for highway work with the Department of
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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.
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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,
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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.
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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
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35 | Apprenticeship and Training, health and welfare, insurance, | ||||||
36 | vacations and
pensions paid generally, in the
locality in which |
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1 | the work is being performed, to employees engaged in
work of a | ||||||
2 | similar character on public works.
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3 | "Aggregate materials" means rock, gravel, sand, pebbles, | ||||||
4 | dirt, soil, clay, bitumen, cultured/polymer, cement, concrete, | ||||||
5 | asphalt, and like materials.
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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.)
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8 | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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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, or at a facility dedicated | ||||||
19 | exclusively, or nearly so, to performance of the contract or | ||||||
20 | project and are located in such proximity to
the actual | ||||||
21 | construction location that it would be reasonable to include | ||||||
22 | them, or that perform work specifically designated for | ||||||
23 | installation on a public works
project, and
laborers, workers | ||||||
24 | and mechanics engaged in the transportation of
materials , | ||||||
25 | including aggregate materials, and equipment to or from the | ||||||
26 | site, but not including the
transportation by the sellers and | ||||||
27 | suppliers or the manufacture or
processing of materials or | ||||||
28 | equipment, in the execution of any contract
or contracts for | ||||||
29 | public works with any public body shall be deemed to be
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30 | employed upon public works. | ||||||
31 | Laborers, workers, and mechanics who are paid a set amount | ||||||
32 | for the truck expense and take-home wage and who are deemed to | ||||||
33 | be employed on the public works project are entitled to the | ||||||
34 | proper prevailing wage for the equipment being operated. The | ||||||
35 | take-home wage shall be determined by deducting the minimum |
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1 | hourly expense rate for the equipment being operated, as most | ||||||
2 | recently determined by the Illinois Department of | ||||||
3 | Transportation in its Schedule of Average Annual Equipment | ||||||
4 | Ownership Expense, or as determined by the Illinois Department | ||||||
5 | of Labor, from the total hourly gross amount representing | ||||||
6 | payment for the truck expense and take-home wage. The truck | ||||||
7 | driver shall be entitled to the difference between the | ||||||
8 | determined take-home wage and the proper prevailing wage for | ||||||
9 | the equipment being operated. | ||||||
10 | The transportation by the sellers and suppliers or the | ||||||
11 | manufacture of non-aggregate materials or equipment in the | ||||||
12 | execution of any contract or contracts for public works with | ||||||
13 | any public body shall not be deemed to be employment upon | ||||||
14 | public works.
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15 | The wage for a tradesman performing maintenance
is | ||||||
16 | equivalent to that of a tradesman engaged in construction.
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17 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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