Illinois General Assembly - Bill Status for HB3398
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 Bill Status of HB3398  93rd General Assembly

Short Description:  PREVAILING WAGE-VARIOUS

House Sponsors
Rep. Jack McGuire - Jack D. Franks and Robert Rita

Senate Sponsors
(Sen. Lawrence M. Walsh and Dan Rutherford)

Last Action
DateChamber Action
  6/25/2003HousePublic Act . . . . . . . . . 93-0038

Statutes Amended In Order of Appearance
30 ILCS 105/5.595 new
820 ILCS 130/2from Ch. 48, par. 39s-2
820 ILCS 130/4from Ch. 48, par. 39s-4
820 ILCS 130/5from Ch. 48, par. 39s-5
820 ILCS 130/6from Ch. 48, par. 39s-6
820 ILCS 130/9from Ch. 48, par. 39s-9
820 ILCS 130/10from Ch. 48, par. 39s-10
820 ILCS 130/11afrom Ch. 48, par. 39s-11a
820 ILCS 130/11c new


Synopsis As Introduced
Amends the Prevailing Wage Act. Makes numerous changes and additions concerning: the definitions of "public works", "fixed works", and "public body"; matters to be included in contracts, subcontracts, and bid proposals; recovery by a contractor from a public body if a prevailing wage rate is increased from the rate contained in a contract; posting of a current copy of the prevailing rate of wages; maintenance and contents of records; remedies when a contractor or subcontractor fails to comply with the Act; publication of determinations of the prevailing rate of wages; objections to determinations of the prevailing rate of wages; furnishing of records and statements concerning the accuracy of records; and creation of a Prevailing Wage Enforcement Fund. Amends the State Finance Act to list the Prevailing Wage Enforcement Fund as a special fund in the State treasury.

 Fiscal Note (Department of Labor)
 Administration of this Act would not require additional costs. Therefore, there is no fiscal impact.

House Floor Amendment No. 1
Provides that "public works" also includes all projects financed in whole or in part with funds from the Fund for Illinois' Future under specified provisions of the State Finance Act, funds for school construction under specified provisions of the General Obligation Bond Act, funds authorized under specified provisions of the School Construction Bond Act, funds for school infrastructure under specified provisions of the State Finance Act, or funds for transportation purposes under specified provisions of the General Obligation Bond Act (rather than projects financed with funds made available under the Illinois FIRST program). Deletes the definition of "fixed works". Deletes provisions allowing a contractor to recover from a public body any additional sums required to be paid by a contractor because of a prevailing wage rate increase from the rate contained in a contract. Makes various changes in provisions requiring the prevailing wage rate to be posted on job sites. Provides that the presiding officer of a public body or the Director of Labor (or a representative) may interview witnesses relating to an investigation or hearing.

Senate Floor Amendment No. 1
Deletes reference to:
30 ILCS 105/5.595 new
820 ILCS 130/6
820 ILCS 130/11c new

Deletes everything and re-inserts the contents of the bill as amended with the following changes: Provides that a stipulation that not less than the prevailing rate of wages shall be paid to all workers shall be included in project specifications (rather than in bid proposals). Deletes language providing that if the Director of Labor finds that a contractor or subcontractor has failed to comply with the Act, a request may be made to the public body to withhold payment to the contractor or subcontractor in the amount of the alleged underpayment and, if agreed to by the public body, the withholding shall remain in effect until the violation no longer exists. Deletes language providing that a sworn statement of an employer as to the accuracy of records copied and submitted as evidence to the Department of Labor shall be approved by the Director and presented to the contractor by the Director. Deletes language creating the Prevailing Wage Enforcement Fund. Makes other changes.

Senate Floor Amendment No. 2
Deletes reference to:
820 ILCS 130/2

Deletes provisions amending the definitions of "public works" and "public body". Deletes provisions requiring the prevailing wage rate to be posted on job sites.

Actions 
DateChamber Action
  2/28/2003HouseFiled with the Clerk by Rep. Jack McGuire
  2/28/2003HouseFirst Reading
  2/28/2003HouseReferred to Rules Committee
  3/5/2003HouseAssigned to Labor Committee
  3/13/2003HouseDo Pass / Short Debate Labor Committee; 008-005-000
  3/13/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/18/2003HouseFiscal Note Requested by Rep. William B. Black
  3/19/2003HouseAdded Co-Sponsor Rep. Robert Rita
  3/21/2003HouseFiscal Note Filed
  3/27/2003HouseSecond Reading - Short Debate
  3/27/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/27/2003HouseRecalled to Second Reading - Short Debate
  3/27/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  3/27/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jack McGuire
  3/27/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/31/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  4/3/2003HouseSecond Reading - Short Debate
  4/3/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2003HouseRecalled to Second Reading - Short Debate
  4/3/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  4/4/2003HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  4/4/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/4/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/4/2003HouseThird Reading - Short Debate - Passed 079-035-004
  4/8/2003SenateArrive in Senate
  4/8/2003SenatePlaced on Calendar Order of First Reading April 9, 2003
  4/15/2003SenateChief Senate Sponsor Sen. Lawrence M. Walsh
  4/16/2003SenateFirst Reading
  4/16/2003SenateReferred to Rules
  4/16/2003SenateAssigned to Labor & Commerce
  4/30/2003SenateAdded as Alternate Co-Sponsor Sen. Dan Rutherford
  5/1/2003SenateDo Pass Labor & Commerce; 007-001-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/1/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Lawrence M. Walsh
  5/1/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Rules
  5/13/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Lawrence M. Walsh
  5/13/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  5/13/2003SenateSenate Floor Amendment No. 2 Rules Refers to Labor & Commerce
  5/14/2003SenateSenate Floor Amendment No. 2 Be Adopted Labor & Commerce; 006-000-000
  5/15/2003SenateSecond Reading
  5/15/2003SenateSenate Floor Amendment No. 1 Adopted; Walsh
  5/15/2003SenateSenate Floor Amendment No. 2 Adopted; Walsh
  5/15/2003SenatePlaced on Calendar Order of 3rd Reading May 16, 2003
  5/16/2003SenateThird Reading Deadline Extended - Rule 2-10, to December 31, 2003.
  5/20/2003SenateThird Reading - Passed; 052-005-001
  5/20/2003HouseArrived in House
  5/20/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1 and 2
  5/22/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Jack McGuire; Motion #1
  5/22/2003HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Jack McGuire; Motion #1
  5/22/2003HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/22/2003HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Labor Committee
  5/27/2003HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor Committee
  5/28/2003HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Labor Committee; 012-000-000
  5/28/2003HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Labor Committee; 012-000-000
  6/1/2003HouseFinal Action Deadline Extended-9(b) June 1, 2003
  6/1/2003HouseSenate Floor Amendment No. 1 House Concurs 116-000-000
  6/1/2003House3/5 Vote Required
  6/1/2003HouseSenate Floor Amendment No. 2 House Concurs 116-000-000
  6/1/2003HousePassed Both Houses
  6/18/2003HouseSent to the Governor
  6/25/2003HouseGovernor Approved
  6/25/2003HouseEffective Date June 1, 2004
  6/25/2003HousePublic Act . . . . . . . . . 93-0038

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