Full Text of SB1272 99th General Assembly
SB1272 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1272 Introduced 2/17/2015, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
| 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 the Act applies to work involving the testing of materials and the operation of survey equipment.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. 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. This also includes hand | 13 | | coring and drilling for testing of materials; field inspection | 14 | | of uncured concrete, asphalt, welds, structural steel, | 15 | | fireproofing, masonry, soil, facade, reinforcing steel, | 16 | | formwork, cured concrete, and concrete and asphalt batch | 17 | | plants; adjusting proportions of bituminous mixtures; as well | 18 | | as operating survey equipment for construction layout or grade | 19 | | checking.
| 20 | | As used in this Act, unless the context indicates | 21 | | otherwise:
| 22 | | "Public works" means all fixed works constructed or | 23 | | demolished by
any public body,
or paid for wholly or in part |
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| 1 | | out of public funds. "Public works" as
defined herein includes | 2 | | all projects financed in whole
or in part with bonds, grants, | 3 | | loans, or other funds made available by or through the State or | 4 | | any of its political subdivisions, including but not limited | 5 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 6 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 7 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 8 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 9 | | the Build Illinois Bond Act; loans or other funds made
| 10 | | available pursuant to the Build Illinois Act; loans or other | 11 | | funds made available pursuant to the Riverfront Development | 12 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 13 | | Act; or funds from the Fund for
Illinois' Future under Section | 14 | | 6z-47 of the State Finance Act, funds for school
construction | 15 | | under Section 5 of the General Obligation Bond Act, funds
| 16 | | authorized under Section 3 of the School Construction Bond Act, | 17 | | funds for
school infrastructure under Section 6z-45 of the | 18 | | State Finance Act, and funds
for transportation purposes under | 19 | | Section 4 of the General Obligation Bond
Act. "Public works" | 20 | | also includes (i) all projects financed in whole or in part
| 21 | | with funds from the Department of Commerce and Economic | 22 | | Opportunity under the Illinois Renewable Fuels Development | 23 | | Program
Act for which there is no project labor agreement; (ii) | 24 | | all work performed pursuant to a public private agreement under | 25 | | the Public Private Agreements for the Illiana Expressway Act or | 26 | | the Public-Private Agreements for the South Suburban Airport |
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| 1 | | Act; and (iii) all projects undertaken under a public-private | 2 | | agreement under the Public-Private Partnerships for | 3 | | Transportation Act. "Public works" also includes all projects | 4 | | at leased facility property used for airport purposes under | 5 | | Section 35 of the Local Government Facility Lease Act. "Public | 6 | | works" also includes the construction of a new wind power | 7 | | facility by a business designated as a High Impact Business | 8 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 9 | | "Public works" does not include work done directly by any | 10 | | public utility company, whether or not done under public | 11 | | supervision or direction, or paid for wholly or in part out of | 12 | | public funds. "Public works" also includes any corrective | 13 | | action performed pursuant to Title XVI of the Environmental | 14 | | Protection Act for which payment from the Underground Storage | 15 | | Tank Fund is requested. "Public works" does not include | 16 | | projects undertaken by the owner at an owner-occupied | 17 | | single-family residence or at an owner-occupied unit of a | 18 | | multi-family residence. "Public works" does not include work | 19 | | performed for soil and water conservation purposes on | 20 | | agricultural lands, whether or not done under public | 21 | | supervision or paid for wholly or in part out of public funds, | 22 | | done directly by an owner or person who has legal control of | 23 | | those lands.
| 24 | | "Construction" means all work on public works involving | 25 | | laborers,
workers or mechanics. This includes any maintenance, | 26 | | repair, assembly, or disassembly work performed on equipment |
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| 1 | | whether owned, leased, or rented. "Construction" also includes | 2 | | hand coring and drilling for testing of materials; field | 3 | | inspection of uncured concrete, asphalt, welds, structural | 4 | | steel, fireproofing, masonry, soil, facade, reinforcing steel, | 5 | | formwork, cured concrete, and concrete and asphalt batch | 6 | | plants; adjusting proportions of bituminous mixtures; as well | 7 | | as operating survey equipment for construction layout or grade | 8 | | checking.
| 9 | | "Locality" means the county where the physical work upon | 10 | | public works
is performed, except (1) that if there is not | 11 | | available in the county a
sufficient number of competent | 12 | | skilled laborers, workers and mechanics
to construct the public | 13 | | works efficiently and properly, "locality"
includes any other | 14 | | county nearest the one in which the work or
construction is to | 15 | | be performed and from which such persons may be
obtained in | 16 | | sufficient numbers to perform the work and (2) that, with
| 17 | | respect to contracts for highway work with the Department of
| 18 | | Transportation of this State, "locality" may at the discretion | 19 | | of the
Secretary of the Department of Transportation be | 20 | | construed to include
two or more adjacent counties from which | 21 | | workers may be accessible for
work on such construction.
| 22 | | "Public body" means the State or any officer, board or | 23 | | commission of
the State or any political subdivision or | 24 | | department thereof, or any
institution supported in whole or in | 25 | | part by public funds,
and includes every county, city, town,
| 26 | | village, township, school district, irrigation, utility, |
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| 1 | | reclamation
improvement or other district and every other | 2 | | political subdivision,
district or municipality of the state | 3 | | whether such political
subdivision, municipality or district | 4 | | operates under a special charter
or not.
| 5 | | The terms "general prevailing rate of hourly wages", | 6 | | "general
prevailing rate of wages" or "prevailing rate of | 7 | | wages" when used in
this Act mean the hourly cash wages plus | 8 | | annualized fringe benefits for training and
apprenticeship | 9 | | programs approved by the U.S. Department of Labor, Bureau of
| 10 | | Apprenticeship and Training, health and welfare, insurance, | 11 | | vacations and
pensions paid generally, in the
locality in which | 12 | | the work is being performed, to employees engaged in
work of a | 13 | | similar character on public works.
| 14 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 15 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 16 | | 7-16-14.)
| 17 | | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 18 | | Sec. 3. Not less than the general prevailing rate of hourly | 19 | | wages for
work of a similar character on public works in the | 20 | | locality in which the
work is performed, and not less than the | 21 | | general prevailing rate of
hourly wages for legal holiday and | 22 | | overtime work, shall be paid to all
laborers, workers and | 23 | | mechanics employed by or on behalf of any public
body engaged | 24 | | in the construction or demolition of public works.
This | 25 | | includes any maintenance, repair, assembly, or disassembly |
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| 1 | | work performed on equipment whether owned, leased, or rented. | 2 | | This work also includes hand coring and drilling for testing of | 3 | | materials; field inspection of uncured concrete, asphalt, | 4 | | welds, structural steel, fireproofing, masonry, soil, facade, | 5 | | reinforcing steel, formwork, cured concrete, and concrete and | 6 | | asphalt batch plants; adjusting proportions of bituminous | 7 | | mixtures; as well as operating survey equipment for | 8 | | construction layout or grade checking. Only such laborers, | 9 | | workers and mechanics as are
directly employed by contractors | 10 | | or subcontractors in actual
construction work on the site of | 11 | | the building or construction job, and
laborers, workers and | 12 | | mechanics engaged in the transportation of
materials and | 13 | | equipment to or from the site, but not including the
| 14 | | transportation by the sellers and suppliers or the manufacture | 15 | | or
processing of materials or equipment, in the execution of | 16 | | any contract
or contracts for public works with any public body | 17 | | shall be deemed to be
employed upon public works. The wage for | 18 | | a tradesman performing maintenance
is equivalent to that of a | 19 | | tradesman engaged in construction or demolition.
| 20 | | (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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