99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1272

 

Introduced 2/17/2015, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/2  from Ch. 48, par. 39s-2
820 ILCS 130/3  from Ch. 48, par. 39s-3

    Amends the Prevailing Wage Act. Provides that the Act applies to work involving the testing of materials and the operation of survey equipment.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevailing Wage Act is amended by changing
5Sections 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,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented. This also includes hand
13coring and drilling for testing of materials; field inspection
14of uncured concrete, asphalt, welds, structural steel,
15fireproofing, masonry, soil, facade, reinforcing steel,
16formwork, cured concrete, and concrete and asphalt batch
17plants; adjusting proportions of bituminous mixtures; as well
18as operating survey equipment for construction layout or grade
19checking.
20    As used in this Act, unless the context indicates
21otherwise:
22    "Public works" means all fixed works constructed or
23demolished by any public body, or paid for wholly or in part

 

 

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1out of public funds. "Public works" as defined herein includes
2all projects financed in whole or in part with bonds, grants,
3loans, or other funds made available by or through the State or
4any of its political subdivisions, including but not limited
5to: bonds issued under the Industrial Project Revenue Bond Act
6(Article 11, Division 74 of the Illinois Municipal Code), the
7Industrial Building Revenue Bond Act, the Illinois Finance
8Authority Act, the Illinois Sports Facilities Authority Act, or
9the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; loans or other
11funds made available pursuant to the Riverfront Development
12Fund under Section 10-15 of the River Edge Redevelopment Zone
13Act; or funds from the Fund for Illinois' Future under Section
146z-47 of the State Finance Act, funds for school construction
15under Section 5 of the General Obligation Bond Act, funds
16authorized under Section 3 of the School Construction Bond Act,
17funds for school infrastructure under Section 6z-45 of the
18State Finance Act, and funds for transportation purposes under
19Section 4 of the General Obligation Bond Act. "Public works"
20also includes (i) all projects financed in whole or in part
21with funds from the Department of Commerce and Economic
22Opportunity under the Illinois Renewable Fuels Development
23Program Act for which there is no project labor agreement; (ii)
24all work performed pursuant to a public private agreement under
25the Public Private Agreements for the Illiana Expressway Act or
26the Public-Private Agreements for the South Suburban Airport

 

 

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1Act; and (iii) all projects undertaken under a public-private
2agreement under the Public-Private Partnerships for
3Transportation Act. "Public works" also includes all projects
4at leased facility property used for airport purposes under
5Section 35 of the Local Government Facility Lease Act. "Public
6works" also includes the construction of a new wind power
7facility by a business designated as a High Impact Business
8under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
9"Public works" does not include work done directly by any
10public utility company, whether or not done under public
11supervision or direction, or paid for wholly or in part out of
12public funds. "Public works" also includes any corrective
13action performed pursuant to Title XVI of the Environmental
14Protection Act for which payment from the Underground Storage
15Tank Fund is requested. "Public works" does not include
16projects undertaken by the owner at an owner-occupied
17single-family residence or at an owner-occupied unit of a
18multi-family residence. "Public works" does not include work
19performed for soil and water conservation purposes on
20agricultural lands, whether or not done under public
21supervision or paid for wholly or in part out of public funds,
22done directly by an owner or person who has legal control of
23those lands.
24    "Construction" means all work on public works involving
25laborers, workers or mechanics. This includes any maintenance,
26repair, assembly, or disassembly work performed on equipment

 

 

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1whether owned, leased, or rented. "Construction" also includes
2hand coring and drilling for testing of materials; field
3inspection of uncured concrete, asphalt, welds, structural
4steel, fireproofing, masonry, soil, facade, reinforcing steel,
5formwork, cured concrete, and concrete and asphalt batch
6plants; adjusting proportions of bituminous mixtures; as well
7as operating survey equipment for construction layout or grade
8checking.
9    "Locality" means the county where the physical work upon
10public works is performed, except (1) that if there is not
11available in the county a sufficient number of competent
12skilled laborers, workers and mechanics to construct the public
13works efficiently and properly, "locality" includes any other
14county nearest the one in which the work or construction is to
15be performed and from which such persons may be obtained in
16sufficient numbers to perform the work and (2) that, with
17respect to contracts for highway work with the Department of
18Transportation of this State, "locality" may at the discretion
19of the Secretary of the Department of Transportation be
20construed to include two or more adjacent counties from which
21workers may be accessible for work on such construction.
22    "Public body" means the State or any officer, board or
23commission of the State or any political subdivision or
24department thereof, or any institution supported in whole or in
25part by public funds, and includes every county, city, town,
26village, township, school district, irrigation, utility,

 

 

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1reclamation improvement or other district and every other
2political subdivision, district or municipality of the state
3whether such political subdivision, municipality or district
4operates under a special charter or not.
5    The terms "general prevailing rate of hourly wages",
6"general prevailing rate of wages" or "prevailing rate of
7wages" when used in this Act mean the hourly cash wages plus
8annualized fringe benefits for training and apprenticeship
9programs approved by the U.S. Department of Labor, Bureau of
10Apprenticeship and Training, health and welfare, insurance,
11vacations and pensions paid generally, in the locality in which
12the work is being performed, to employees engaged in work of a
13similar character on public works.
14(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
1598-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
167-16-14.)
 
17    (820 ILCS 130/3)  (from Ch. 48, par. 39s-3)
18    Sec. 3. Not less than the general prevailing rate of hourly
19wages for work of a similar character on public works in the
20locality in which the work is performed, and not less than the
21general prevailing rate of hourly wages for legal holiday and
22overtime work, shall be paid to all laborers, workers and
23mechanics employed by or on behalf of any public body engaged
24in the construction or demolition of public works. This
25includes any maintenance, repair, assembly, or disassembly

 

 

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1work performed on equipment whether owned, leased, or rented.
2This work also includes hand coring and drilling for testing of
3materials; field inspection of uncured concrete, asphalt,
4welds, structural steel, fireproofing, masonry, soil, facade,
5reinforcing steel, formwork, cured concrete, and concrete and
6asphalt batch plants; adjusting proportions of bituminous
7mixtures; as well as operating survey equipment for
8construction layout or grade checking. Only such laborers,
9workers and mechanics as are directly employed by contractors
10or subcontractors in actual construction work on the site of
11the building or construction job, and laborers, workers and
12mechanics engaged in the transportation of materials and
13equipment to or from the site, but not including the
14transportation by the sellers and suppliers or the manufacture
15or processing of materials or equipment, in the execution of
16any contract or contracts for public works with any public body
17shall be deemed to be employed upon public works. The wage for
18a tradesman performing maintenance is equivalent to that of a
19tradesman engaged in construction or demolition.
20(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)