Labor Committee
Adopted in House Comm. on Mar 07, 2007
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1 | AMENDMENT TO HOUSE BILL 1105
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2 | AMENDMENT NO. ______. Amend House Bill 1105 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | funds. "Public works" as
defined herein includes all projects | ||||||
2 | financed in whole
or in part with bonds issued under the | ||||||
3 | Industrial Project Revenue Bond
Act (Article 11, Division 74 of | ||||||
4 | the Illinois Municipal Code), the Industrial
Building Revenue | ||||||
5 | Bond Act, the Illinois Finance Authority Act,
the Illinois | ||||||
6 | Sports Facilities Authority Act, or the Build Illinois Bond | ||||||
7 | Act,
and all projects financed in whole or in part with loans | ||||||
8 | or other funds made
available pursuant to the Build Illinois | ||||||
9 | Act. "Public works" also includes
all projects financed in | ||||||
10 | whole or in part with funds from the Fund for
Illinois' Future | ||||||
11 | under Section 6z-47 of the State Finance Act, funds for school
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12 | construction under Section 5 of the General Obligation Bond | ||||||
13 | Act, funds
authorized under Section 3 of the School | ||||||
14 | Construction Bond Act, funds for
school infrastructure under | ||||||
15 | Section 6z-45 of the State Finance Act, and funds
for | ||||||
16 | transportation purposes under Section 4 of the General | ||||||
17 | Obligation Bond
Act. "Public works" also includes all projects | ||||||
18 | financed in whole or in part
with funds from the Department of | ||||||
19 | Commerce and Economic Opportunity under the Illinois Renewable | ||||||
20 | Fuels Development Program
Act for which there is no project | ||||||
21 | labor agreement. "Public works" also includes all projects at | ||||||
22 | leased facility property used for airport purposes under | ||||||
23 | Section 35 of the Local Government Facility Lease Act.
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24 | "Construction" means all work on public works involving | ||||||
25 | laborers,
workers or mechanics.
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26 | "Locality" means the county where the physical work upon |
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1 | public works
is performed, except (1) that if there is not | ||||||
2 | available in the county a
sufficient number of competent | ||||||
3 | skilled laborers, workers and mechanics
to construct the public | ||||||
4 | works efficiently and properly, "locality"
includes any other | ||||||
5 | county nearest the one in which the work or
construction is to | ||||||
6 | be performed and from which such persons may be
obtained in | ||||||
7 | sufficient numbers to perform the work and (2) that, with
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8 | respect to contracts for highway work with the Department of
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9 | Transportation of this State, "locality" may at the discretion | ||||||
10 | of the
Secretary of the Department of Transportation be | ||||||
11 | construed to include
two or more adjacent counties from which | ||||||
12 | workers may be accessible for
work on such construction.
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13 | "Public body" means the State or any officer, board or | ||||||
14 | commission of
the State or any political subdivision or | ||||||
15 | department thereof, or any
institution supported in whole or in | ||||||
16 | part by public funds,
and includes every county, city, town,
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17 | village, township, school district, irrigation, utility, | ||||||
18 | reclamation
improvement or other district and every other | ||||||
19 | political subdivision,
district or municipality of the state | ||||||
20 | whether such political
subdivision, municipality or district | ||||||
21 | operates under a special charter
or not.
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22 | The terms "general prevailing rate of hourly wages", | ||||||
23 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
24 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
25 | fringe benefits for training and
apprenticeship programs | ||||||
26 | approved by the U.S. Department of Labor, Bureau of
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1 | Apprenticeship and Training, health and welfare, insurance, | ||||||
2 | vacations and
pensions paid generally, in the
locality in which | ||||||
3 | the work is being performed, to employees engaged in
work of a | ||||||
4 | similar character on public works.
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5 | "Aggregate materials" includes, but is not limited to, | ||||||
6 | rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, | ||||||
7 | cultured/polymer, cement, concrete, asphalt, slag, grindings, | ||||||
8 | and recycled materials.
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9 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, | ||||||
10 | eff. 1-1-04; 94-750, eff. 5-9-06.)
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11 | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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12 | Sec. 3. Not less than the general prevailing rate of hourly | ||||||
13 | wages for
work of a similar character on public works in the | ||||||
14 | locality in which the
work is performed, and not less than the | ||||||
15 | general prevailing rate of
hourly wages for legal holiday and | ||||||
16 | overtime work, shall be paid to all
laborers, workers and | ||||||
17 | mechanics employed by or on behalf of any public
body engaged | ||||||
18 | in the construction of public works.
Laborers
Only such | ||||||
19 | laborers , workers and mechanics as are
directly employed by | ||||||
20 | contractors or subcontractors in actual
construction work on | ||||||
21 | the site of the building or construction job shall be deemed to | ||||||
22 | be employed upon public works. The site of the building or | ||||||
23 | construction job shall also include a facility dedicated to the | ||||||
24 | performance of the contract or project and located in such | ||||||
25 | close proximity to
the actual construction location that it |
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1 | would be reasonable to include them. Laborers , and
laborers, | ||||||
2 | workers and mechanics engaged in the transportation of | ||||||
3 | aggregate and excavated
materials and equipment operated to | ||||||
4 | haul to or from the site , but not including the
transportation | ||||||
5 | by the sellers and suppliers or the manufacture or
processing | ||||||
6 | of materials or equipment, in the execution of any contract
or | ||||||
7 | contracts for public works with any public body shall also be | ||||||
8 | deemed to be
employed upon public works. | ||||||
9 | To determine the prevailing wage rate for a laborer, | ||||||
10 | worker, or mechanic engaged in the transportation of aggregate | ||||||
11 | or excavated materials or the operation of equipment to haul | ||||||
12 | aggregate or excavated materials to or from the site of the | ||||||
13 | building or construction job, the Department of Labor shall | ||||||
14 | take into consideration the applicable prevailing wage rate and | ||||||
15 | the Illinois Department of Transportation's current method of | ||||||
16 | establishing equipment rates in its Schedule of Average Annual | ||||||
17 | Equipment Ownership Expense. | ||||||
18 | The transportation by the sellers and suppliers or the | ||||||
19 | manufacture or processing of non-aggregate materials or | ||||||
20 | equipment in the execution of any contract or contracts for | ||||||
21 | public works with any public body shall not be deemed to be | ||||||
22 | employment upon public works.
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23 | The wage for a tradesman performing maintenance
is | ||||||
24 | equivalent to that of a tradesman engaged in construction.
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25 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)".
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