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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1105
Introduced , by Rep. Careen M Gordon 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 workers at a facility dedicated exclusively, or nearly so, to performance of the contract or project and located in such proximity to the actual construction location that it would be reasonable to include them, or that perform work specifically designated for installation on a public works project, shall be deemed to be employed on public works. Provides for coverage of "the transportation of aggregate and excavated
materials and equipment operated to haul to or from the site". Provides that workers who are paid a set amount for truck expense and take-home wage and are deemed to be employed on the public works project are entitled to the proper prevailing wage for the equipment being operated, and provides for the determination of the take-home wage. Provides that the transportation by sellers and suppliers or the manufacture of non-aggregate materials or equipment in the execution of a contract for public works with a public body are not deemed to be employment on public works. Makes other changes. |
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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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HB1105 |
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LRB095 04970 WGH 27657 b |
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| AN ACT concerning labor.
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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 |
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| 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, |
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| mechanics and
other workers employed in any public works, as |
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| hereinafter defined, by
any public body and to anyone under |
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| contracts for public works.
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| As used in this Act, unless the context indicates |
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| otherwise:
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| "Public works" means all fixed works constructed by
any |
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| public body, other than work done directly by any public |
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| utility
company, whether or not done under public supervision |
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| or direction,
or paid for wholly or in part out of public |
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| funds. "Public works" as
defined herein includes all projects |
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| financed in whole
or in part with bonds issued under the |
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| Industrial Project Revenue Bond
Act (Article 11, Division 74 of |
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| the Illinois Municipal Code), the Industrial
Building Revenue |
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| Bond Act, the Illinois Finance Authority Act,
the Illinois |
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| Sports Facilities Authority Act, or the Build Illinois Bond |
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| Act,
and all projects financed in whole or in part with loans |
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HB1105 |
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LRB095 04970 WGH 27657 b |
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| or other funds made
available pursuant to the Build Illinois |
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| Act. "Public works" also includes
all projects financed in |
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| whole or in part with funds from the Fund for
Illinois' Future |
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| under Section 6z-47 of the State Finance Act, funds for school
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| construction under Section 5 of the General Obligation Bond |
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| Act, funds
authorized under Section 3 of the School |
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| Construction Bond Act, funds for
school infrastructure under |
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| Section 6z-45 of the State Finance Act, and funds
for |
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| transportation purposes under Section 4 of the General |
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| Obligation Bond
Act. "Public works" also includes all projects |
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| financed in whole or in part
with funds from the Department of |
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| Commerce and Economic Opportunity under the Illinois Renewable |
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| Fuels Development Program
Act for which there is no project |
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| labor agreement. "Public works" also includes all projects at |
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| leased facility property used for airport purposes under |
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| Section 35 of the Local Government Facility Lease Act.
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| "Construction" means all work on public works involving |
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| laborers,
workers or mechanics.
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| "Locality" means the county where the physical work upon |
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| public works
is performed, except (1) that if there is not |
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| available in the county a
sufficient number of competent |
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| skilled laborers, workers and mechanics
to construct the public |
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| works efficiently and properly, "locality"
includes any other |
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| county nearest the one in which the work or
construction is to |
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| be performed and from which such persons may be
obtained in |
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| sufficient numbers to perform the work and (2) that, with
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LRB095 04970 WGH 27657 b |
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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 |
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| of the
Secretary of the Department of Transportation be |
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| construed to include
two or more adjacent counties from which |
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| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or |
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| commission of
the State or any political subdivision or |
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| department thereof, or any
institution supported in whole or in |
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| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, |
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| reclamation
improvement or other district and every other |
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| political subdivision,
district or municipality of the state |
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| whether such political
subdivision, municipality or district |
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| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", |
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| "general
prevailing rate of wages" or "prevailing rate of |
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| wages" when used in
this Act mean the hourly cash wages plus |
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| fringe benefits for training and
apprenticeship programs |
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| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, |
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| vacations and
pensions paid generally, in the
locality in which |
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| the work is being performed, to employees engaged in
work of a |
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| similar character on public works.
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| "Aggregate materials" means rock, gravel, sand, pebbles, |
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| dirt, soil, clay, bitumen, cultured/polymer, cement, concrete, |
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| asphalt, and like materials.
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HB1105 |
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LRB095 04970 WGH 27657 b |
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| (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, |
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| eff. 1-1-04; 94-750, eff. 5-9-06.)
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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 |
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| wages for
work of a similar character on public works in the |
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| locality in which the
work is performed, and not less than the |
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| general prevailing rate of
hourly wages for legal holiday and |
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| overtime work, shall be paid to all
laborers, workers and |
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| mechanics employed by or on behalf of any public
body engaged |
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| in the construction of public works.
Only such laborers, |
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| workers and mechanics as are
directly employed by contractors |
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| or subcontractors in actual
construction work on the site of |
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| the building or construction job, or at a facility dedicated |
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| exclusively, or nearly so, to performance of the contract or |
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| project and are located in such proximity to
the actual |
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| construction location that it would be reasonable to include |
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| them, or that perform work specifically designated for |
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| installation on a public works
project, and
laborers, workers |
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| and mechanics engaged in the transportation of aggregate and |
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| excavated
materials and equipment operated to haul to or from |
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| the site , but not including the
transportation by the sellers |
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| and suppliers or the manufacture or
processing of materials or |
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| equipment, in the execution of any contract
or contracts for |
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| public works with any public body shall be deemed to be
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| employed upon public works. |
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HB1105 |
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LRB095 04970 WGH 27657 b |
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| Laborers, workers, and mechanics who are paid a set amount |
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| for the truck expense and take-home wage and who are deemed to |
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| be employed on the public works project are entitled to the |
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| proper prevailing wage for the equipment being operated. The |
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| take-home wage shall be determined by deducting the minimum |
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| hourly expense rate for the equipment being operated, as most |
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| recently determined by the Illinois Department of |
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| Transportation in its Schedule of Average Annual Equipment |
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| Ownership Expense, or as determined by the Illinois Department |
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| of Labor, from the total hourly gross amount representing |
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| payment for the truck expense and take-home wage. The truck |
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| driver shall be entitled to the difference between the |
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| determined take-home wage and the proper prevailing wage for |
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| the equipment being operated. |
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| The transportation by the sellers and suppliers or the |
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| manufacture of non-aggregate materials or equipment in the |
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| execution of any contract or contracts for public works with |
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| any public body shall not be deemed to be employment upon |
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| public works.
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| The wage for a tradesman performing maintenance
is |
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| equivalent to that of a tradesman engaged in construction.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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