Full Text of SB2216 95th General Assembly
SB2216ham002 95TH GENERAL ASSEMBLY
|
Rep. John E. Bradley
Filed: 5/29/2008
|
|
09500SB2216ham002 |
|
LRB095 14722 RLC 51662 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2216
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2216 on page 1, by | 3 |
| inserting immediately below line 3 the following:
| 4 |
| "Section 3. The Prevailing Wage Act is amended by changing | 5 |
| Sections 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, | 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. This includes any maintenance, | 11 |
| repair, assembly, or disassembly work performed on equipment | 12 |
| whether owned, leased, or rented.
| 13 |
| As used in this Act, unless the context indicates | 14 |
| otherwise:
| 15 |
| "Public works" means all fixed works constructed or | 16 |
| demolished by
any public body, other than work done directly by |
|
|
|
09500SB2216ham002 |
- 2 - |
LRB095 14722 RLC 51662 a |
|
| 1 |
| any public utility
company, whether or not done under public | 2 |
| supervision or direction,
or paid for wholly or in part out of | 3 |
| public funds. "Public works" as
defined herein includes all | 4 |
| projects financed in whole
or in part with bonds issued under | 5 |
| the Industrial Project Revenue Bond
Act (Article 11, Division | 6 |
| 74 of the Illinois Municipal Code), the Industrial
Building | 7 |
| Revenue Bond Act, the Illinois Finance Authority Act,
the | 8 |
| Illinois Sports Facilities Authority Act, or the Build Illinois | 9 |
| Bond Act,
and all projects financed in whole or in part with | 10 |
| loans or other funds made
available pursuant to the Build | 11 |
| Illinois Act. "Public works" also includes
all projects | 12 |
| financed in whole or in part with funds from the Fund for
| 13 |
| Illinois' Future under Section 6z-47 of the State Finance Act, | 14 |
| funds for school
construction under Section 5 of the General | 15 |
| Obligation Bond Act, funds
authorized under Section 3 of the | 16 |
| School Construction Bond Act, funds for
school infrastructure | 17 |
| under Section 6z-45 of the State Finance Act, and funds
for | 18 |
| transportation purposes under Section 4 of the General | 19 |
| Obligation Bond
Act. "Public works" also includes all projects | 20 |
| financed in whole or in part
with funds from the Department of | 21 |
| Commerce and Economic Opportunity under the Illinois Renewable | 22 |
| Fuels Development Program
Act for which there is no project | 23 |
| labor agreement. "Public works" also includes all projects at | 24 |
| leased facility property used for airport purposes under | 25 |
| Section 35 of the Local Government Facility Lease Act.
| 26 |
| "Construction" means all work on public works involving |
|
|
|
09500SB2216ham002 |
- 3 - |
LRB095 14722 RLC 51662 a |
|
| 1 |
| laborers,
workers or mechanics. This includes any maintenance, | 2 |
| repair, assembly, or disassembly work performed on equipment | 3 |
| whether owned, leased, or rented.
| 4 |
| "Locality" means the county where the physical work upon | 5 |
| public works
is performed, except (1) that if there is not | 6 |
| available in the county a
sufficient number of competent | 7 |
| skilled laborers, workers and mechanics
to construct the public | 8 |
| works efficiently and properly, "locality"
includes any other | 9 |
| county nearest the one in which the work or
construction is to | 10 |
| be performed and from which such persons may be
obtained in | 11 |
| sufficient numbers to perform the work and (2) that, with
| 12 |
| respect to contracts for highway work with the Department of
| 13 |
| Transportation of this State, "locality" may at the discretion | 14 |
| of the
Secretary of the Department of Transportation be | 15 |
| construed to include
two or more adjacent counties from which | 16 |
| workers may be accessible for
work on such construction.
| 17 |
| "Public body" means the State or any officer, board or | 18 |
| commission of
the State or any political subdivision or | 19 |
| department thereof, or any
institution supported in whole or in | 20 |
| part by public funds,
and includes every county, city, town,
| 21 |
| village, township, school district, irrigation, utility, | 22 |
| reclamation
improvement or other district and every other | 23 |
| political subdivision,
district or municipality of the state | 24 |
| whether such political
subdivision, municipality or district | 25 |
| operates under a special charter
or not.
| 26 |
| The terms "general prevailing rate of hourly wages", |
|
|
|
09500SB2216ham002 |
- 4 - |
LRB095 14722 RLC 51662 a |
|
| 1 |
| "general
prevailing rate of wages" or "prevailing rate of | 2 |
| wages" when used in
this Act mean the hourly cash wages plus | 3 |
| fringe benefits for training and
apprenticeship programs | 4 |
| approved by the U.S. Department of Labor, Bureau of
| 5 |
| Apprenticeship and Training, health and welfare, insurance, | 6 |
| vacations and
pensions paid generally, in the
locality in which | 7 |
| the work is being performed, to employees engaged in
work of a | 8 |
| similar character on public works.
| 9 |
| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
| 10 |
| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 11 |
| Sec. 3. Not less than the general prevailing rate of hourly | 12 |
| wages for
work of a similar character on public works in the | 13 |
| locality in which the
work is performed, and not less than the | 14 |
| general prevailing rate of
hourly wages for legal holiday and | 15 |
| overtime work, shall be paid to all
laborers, workers and | 16 |
| mechanics employed by or on behalf of any public
body engaged | 17 |
| in the construction or demolition of public works.
This | 18 |
| includes any maintenance, repair, assembly, or disassembly | 19 |
| work performed on equipment whether owned, leased, or rented. | 20 |
| Only such laborers, workers and mechanics as are
directly | 21 |
| employed by contractors or subcontractors in actual
| 22 |
| construction work on the site of the building or construction | 23 |
| job, and
laborers, workers and mechanics engaged in the | 24 |
| transportation of
materials and equipment to or from the site, | 25 |
| but not including the
transportation by the sellers and |
|
|
|
09500SB2216ham002 |
- 5 - |
LRB095 14722 RLC 51662 a |
|
| 1 |
| suppliers or the manufacture or
processing of materials or | 2 |
| equipment, in the execution of any contract
or contracts for | 3 |
| public works with any public body shall be deemed to be
| 4 |
| employed upon public works. The wage for a tradesman performing | 5 |
| maintenance
is equivalent to that of a tradesman engaged in | 6 |
| construction or demolition .
| 7 |
| (Source: P.A. 95-341, eff. 8-21-07.)"; and
| 8 |
| on page 1, line 14, by replacing "Act takes" with "Section and | 9 |
| Section 5 of this Act take".
|
|