Full Text of SB0223 96th General Assembly
SB0223sam001 96TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 3/18/2009
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| AMENDMENT TO SENATE BILL 223
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| AMENDMENT NO. ______. Amend Senate Bill 223 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Section 2 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, | 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.
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| As used in this Act, unless the context indicates | 14 |
| otherwise:
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| "Public works" means all fixed works constructed by
any | 16 |
| public body, other than work done directly by any public |
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| utility
company, whether or not done under public supervision | 2 |
| or direction,
or paid for wholly or in part out of public | 3 |
| funds. "Public works" as
defined herein includes all projects | 4 |
| financed in whole
or in part with bonds, grants, loans, or | 5 |
| other funds made available by or through the State or any of | 6 |
| its political subdivisions, including but not limited to: bonds | 7 |
| issued under the Industrial Project Revenue Bond
Act (Article | 8 |
| 11, Division 74 of the Illinois Municipal Code), the Industrial
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| Building Revenue Bond Act, the Illinois Finance Authority Act,
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| the Illinois Sports Facilities Authority Act, or the Build | 11 |
| Illinois Bond Act ; ,
and all projects financed in whole or in | 12 |
| part with loans or other funds made
available pursuant to the | 13 |
| Build Illinois Act ; or . "Public works" also includes
all | 14 |
| projects financed in whole or in part with funds from the Fund | 15 |
| for
Illinois' Future under Section 6z-47 of the State Finance | 16 |
| Act, funds for school
construction under Section 5 of the | 17 |
| General Obligation Bond Act, funds
authorized under Section 3 | 18 |
| of the School Construction Bond Act, funds for
school | 19 |
| infrastructure under Section 6z-45 of the State Finance Act, | 20 |
| and funds
for transportation purposes under Section 4 of the | 21 |
| General Obligation Bond
Act. "Public works" also includes all | 22 |
| projects financed in whole or in part
with funds from the | 23 |
| Department of Commerce and Economic Opportunity under the | 24 |
| Illinois Renewable Fuels Development Program
Act for which | 25 |
| there is no project labor agreement. "Public works" also | 26 |
| includes all projects at leased facility property used for |
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| airport purposes under Section 35 of the Local Government | 2 |
| Facility Lease Act.
"Public works" does not include work done | 3 |
| directly by any public utility company, whether or not done | 4 |
| under public supervision or direction, or paid for wholly or in | 5 |
| part out of public funds. "Public works" does not include | 6 |
| projects undertaken by the owner at an owner-occupied | 7 |
| single-family residence or at an owner-occupied unit of a | 8 |
| multi-family residence.
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| "Construction" means all work on public works involving | 10 |
| laborers,
workers or mechanics. This includes any maintenance, | 11 |
| repair, assembly, or disassembly work performed on equipment | 12 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 14 |
| public works
is performed, except (1) that if there is not | 15 |
| available in the county a
sufficient number of competent | 16 |
| skilled laborers, workers and mechanics
to construct the public | 17 |
| works efficiently and properly, "locality"
includes any other | 18 |
| county nearest the one in which the work or
construction is to | 19 |
| be performed and from which such persons may be
obtained in | 20 |
| sufficient numbers to perform the work and (2) that, with
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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 | 23 |
| of the
Secretary of the Department of Transportation be | 24 |
| construed to include
two or more adjacent counties from which | 25 |
| 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 | 2 |
| department thereof, or any
institution supported in whole or in | 3 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 5 |
| reclamation
improvement or other district and every other | 6 |
| political subdivision,
district or municipality of the state | 7 |
| whether such political
subdivision, municipality or district | 8 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 10 |
| "general
prevailing rate of wages" or "prevailing rate of | 11 |
| wages" when used in
this Act mean the hourly cash wages plus | 12 |
| fringe benefits for training and
apprenticeship programs | 13 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 15 |
| vacations and
pensions paid generally, in the
locality in which | 16 |
| the work is being performed, to employees engaged in
work of a | 17 |
| similar character on public works.
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| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)".
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