Full Text of SB1783 101st General Assembly
SB1783sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 1783
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1783 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | (Text of Section before amendment by P.A. 100-1177 ) | 8 | | Sec. 2. This Act applies to the wages of laborers, | 9 | | mechanics and
other workers employed in any public works, as | 10 | | hereinafter defined, by
any public body and to anyone under | 11 | | contracts for public works. This includes any maintenance, | 12 | | repair, assembly, or disassembly work performed on equipment | 13 | | whether owned, leased, or rented.
| 14 | | As used in this Act, unless the context indicates | 15 | | otherwise:
| 16 | | "Public works" means all fixed works constructed or |
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| 1 | | demolished by
any public body,
or paid for wholly or in part | 2 | | out of public funds. "Public works" as
defined herein includes | 3 | | all projects financed in whole
or in part with bonds, grants, | 4 | | loans, or other funds made available by or through the State or | 5 | | any of its political subdivisions, including but not limited | 6 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 7 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 8 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 9 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 10 | | the Build Illinois Bond Act; loans or other funds made
| 11 | | available pursuant to the Build Illinois Act; loans or other | 12 | | funds made available pursuant to the Riverfront Development | 13 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 14 | | Act; or funds from the Fund for
Illinois' Future under Section | 15 | | 6z-47 of the State Finance Act, funds for school
construction | 16 | | under Section 5 of the General Obligation Bond Act, funds
| 17 | | authorized under Section 3 of the School Construction Bond Act, | 18 | | funds for
school infrastructure under Section 6z-45 of the | 19 | | State Finance Act, and funds
for transportation purposes under | 20 | | Section 4 of the General Obligation Bond
Act. "Public works" | 21 | | also includes (i) all projects financed in whole or in part
| 22 | | with funds from the Department of Commerce and Economic | 23 | | Opportunity under the Illinois Renewable Fuels Development | 24 | | Program
Act for which there is no project labor agreement; (ii) | 25 | | all work performed pursuant to a public private agreement under | 26 | | the Public Private Agreements for the Illiana Expressway Act or |
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| 1 | | the Public-Private Agreements for the South Suburban Airport | 2 | | Act; and (iii) all projects undertaken under a public-private | 3 | | agreement under the Public-Private Partnerships for | 4 | | Transportation Act. "Public works" also includes all projects | 5 | | at leased facility property used for airport purposes under | 6 | | Section 35 of the Local Government Facility Lease Act. "Public | 7 | | works" also includes the construction of a new wind power | 8 | | facility by a business designated as a High Impact Business | 9 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 10 | | "Public works" does not include work done directly by any | 11 | | public utility company, whether or not done under public | 12 | | supervision or direction, or paid for wholly or in part out of | 13 | | public funds. "Public works" also includes any corrective | 14 | | action performed pursuant to Title XVI of the Environmental | 15 | | Protection Act for which payment from the Underground Storage | 16 | | Tank Fund is requested. "Public works" does not include | 17 | | projects undertaken by the owner at an owner-occupied | 18 | | single-family residence or at an owner-occupied unit of a | 19 | | multi-family residence. "Public works" does not include work | 20 | | performed for soil and water conservation purposes on | 21 | | agricultural lands, whether or not done under public | 22 | | supervision or paid for wholly or in part out of public funds, | 23 | | done directly by an owner or person who has legal control of | 24 | | those lands.
| 25 | | "Construction" means all work on public works involving | 26 | | laborers,
workers or mechanics. This includes any maintenance, |
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| 1 | | repair, assembly, or disassembly work performed on equipment | 2 | | whether owned, leased, or rented.
| 3 | | "Trucking broker" means an individual or business entity, | 4 | | the activities of which include, but are not limited to: | 5 | | (1) contracting to provide trucking services in the | 6 | | construction industry to users of those services; | 7 | | (2) contracting to obtain such service from providers | 8 | | of trucking services; | 9 | | (3) dispatching the providers of the services to do | 10 | | work as required by the users of such services; | 11 | | (4) receiving payment from the users in consideration | 12 | | of the trucking services provided; and | 13 | | (5) making payment to the providers for the services. | 14 | | "Trucking firm" means any legal business entity that owns | 15 | | one or more vehicles and hires the vehicles out for services to | 16 | | trucking brokers or contractors on public works projects. | 17 | | "Independent truck owner-operator" means an individual, | 18 | | partnership, or principal stockholder of a corporation that | 19 | | owns or holds a vehicle under lease and that contracts that | 20 | | vehicle and the owner's services to an entity which provides | 21 | | construction services to a public works project. | 22 | | "Ready-mixed concrete" means concrete that is manufactured | 23 | | according to a set recipe for incorporation into a public works | 24 | | project. | 25 | | "Aggregate" or "excavated materials" includes, but is not | 26 | | limited to, rock, gravel, sand, pebbles, dirt, soil, clay, |
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| 1 | | bitumen, cultured and polymer materials, cement, concrete, | 2 | | asphalt, slag, grindings, and recycled materials. | 3 | | "Stockpile" means aggregate or excavated materials that | 4 | | are placed in a location for temporary storage when all or | 5 | | substantially all of the aggregate or excavated material is | 6 | | relocated by loading and hauling it to another location for | 7 | | final placement. | 8 | | "Transportation" means any required hauling activities on | 9 | | the site of, or to or from, a public works project or stockpile | 10 | | regardless of whether the activity is performed by the prime | 11 | | contractor, subcontractor, trucking broker, trucking firm, | 12 | | independent truck owner-operator, or employee or agent of any | 13 | | of the foregoing entities and regardless of which entity or | 14 | | person hires or contracts with another. | 15 | | "Transportation of ready-mixed concrete" means receiving | 16 | | the concrete at the factory or batching plant, hauling and | 17 | | delivery to a public works project, and the return trip to the | 18 | | factory or batching plant, whether or not the factory or | 19 | | batching plant is mobile or in a fixed location. | 20 | | "Transportation of aggregate or excavated materials" | 21 | | includes, but is not limited to, work, as required by the users | 22 | | of the services, for: | 23 | | (1) the hauling of any or all stockpiled materials on | 24 | | the project work site to other locations on the same | 25 | | project even if the trucks leave the work site at some | 26 | | point; |
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| 1 | | (2) the delivery of materials from any facility or any | 2 | | stockpile to the project and the return haul to the | 3 | | starting location either empty or loaded; | 4 | | (3) the delivery of materials from another | 5 | | construction project site to the public works project and | 6 | | the return haul either empty or loaded; | 7 | | (4) the hauling required to remove any materials from | 8 | | the public works project to a location off the project site | 9 | | and the return haul either empty or loaded; and | 10 | | (5) the delivery of materials by an employee of a | 11 | | seller or supplier to the public works project and the | 12 | | return haul to the off-site facility or any stockpile, | 13 | | empty or loaded, by an employee of the seller or supplier. | 14 | | The hauling of aggregate or excavated materials by | 15 | | employees of a contractor or subcontractor that operates an | 16 | | asphalt or concrete plant that was moved into a gravel pit, | 17 | | borrow pit, or other location not on the project, primarily to | 18 | | serve public works projects, is considered work under the | 19 | | contract. | 20 | | "Locality" means the county where the physical work upon | 21 | | public works
is performed, except (1) that if there is not | 22 | | available in the county a
sufficient number of competent | 23 | | skilled laborers, workers and mechanics
to construct the public | 24 | | works efficiently and properly, "locality"
includes any other | 25 | | county nearest the one in which the work or
construction is to | 26 | | be performed and from which such persons may be
obtained in |
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| 1 | | sufficient numbers to perform the work and (2) that, with
| 2 | | respect to contracts for highway work with the Department of
| 3 | | Transportation of this State, "locality" may at the discretion | 4 | | of the
Secretary of the Department of Transportation be | 5 | | construed to include
two or more adjacent counties from which | 6 | | workers may be accessible for
work on such construction.
| 7 | | "Public body" means the State or any officer, board or | 8 | | commission of
the State or any political subdivision or | 9 | | department thereof, or any
institution supported in whole or in | 10 | | part by public funds,
and includes every county, city, town,
| 11 | | village, township, school district, irrigation, utility, | 12 | | reclamation
improvement or other district and every other | 13 | | political subdivision,
district or municipality of the state | 14 | | whether such political
subdivision, municipality or district | 15 | | operates under a special charter
or not.
| 16 | | The terms "general prevailing rate of hourly wages", | 17 | | "general
prevailing rate of wages" or "prevailing rate of | 18 | | wages" when used in
this Act mean the hourly cash wages plus | 19 | | annualized fringe benefits for training and
apprenticeship | 20 | | programs approved by the U.S. Department of Labor, Bureau of
| 21 | | Apprenticeship and Training, health and welfare, insurance, | 22 | | vacations and
pensions paid generally, in the
locality in which | 23 | | the work is being performed, to employees engaged in
work of a | 24 | | similar character on public works , and for those who own, such | 25 | | as an independent truck owner-operator, and operate a truck and | 26 | | are engaged in the transportation of ready-mixed concrete or |
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| 1 | | transportation of aggregate or excavated materials, the | 2 | | prevailing rate shall, in addition, include the equipment rate | 3 | | established by the Illinois Department of Transportation | 4 | | associated with the nature of the equipment operated and the | 5 | | rental rate paid for truck hire to those who own or operate a | 6 | | truck, whichever is applicable .
| 7 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 8 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 9 | | 7-16-14.)
| 10 | | (Text of Section after amendment by P.A. 100-1177 ) | 11 | | Sec. 2. This Act applies to the wages of laborers, | 12 | | mechanics and
other workers employed in any public works, as | 13 | | hereinafter defined, by
any public body and to anyone under | 14 | | contracts for public works. This includes any maintenance, | 15 | | repair, assembly, or disassembly work performed on equipment | 16 | | whether owned, leased, or rented.
| 17 | | As used in this Act, unless the context indicates | 18 | | otherwise:
| 19 | | "Public works" means all fixed works constructed or | 20 | | demolished by
any public body,
or paid for wholly or in part | 21 | | out of public funds. "Public works" as
defined herein includes | 22 | | all projects financed in whole
or in part with bonds, grants, | 23 | | loans, or other funds made available by or through the State or | 24 | | any of its political subdivisions, including but not limited | 25 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
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| 1 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 2 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 3 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 4 | | the Build Illinois Bond Act; loans or other funds made
| 5 | | available pursuant to the Build Illinois Act; loans or other | 6 | | funds made available pursuant to the Riverfront Development | 7 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 8 | | Act; or funds from the Fund for
Illinois' Future under Section | 9 | | 6z-47 of the State Finance Act, funds for school
construction | 10 | | under Section 5 of the General Obligation Bond Act, funds
| 11 | | authorized under Section 3 of the School Construction Bond Act, | 12 | | funds for
school infrastructure under Section 6z-45 of the | 13 | | State Finance Act, and funds
for transportation purposes under | 14 | | Section 4 of the General Obligation Bond
Act. "Public works" | 15 | | also includes (i) all projects financed in whole or in part
| 16 | | with funds from the Department of Commerce and Economic | 17 | | Opportunity under the Illinois Renewable Fuels Development | 18 | | Program
Act for which there is no project labor agreement; (ii) | 19 | | all work performed pursuant to a public private agreement under | 20 | | the Public Private Agreements for the Illiana Expressway Act or | 21 | | the Public-Private Agreements for the South Suburban Airport | 22 | | Act; and (iii) all projects undertaken under a public-private | 23 | | agreement under the Public-Private Partnerships for | 24 | | Transportation Act. "Public works" also includes all projects | 25 | | at leased facility property used for airport purposes under | 26 | | Section 35 of the Local Government Facility Lease Act. "Public |
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| 1 | | works" also includes the construction of a new wind power | 2 | | facility by a business designated as a High Impact Business | 3 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 4 | | "Public works" does not include work done directly by any | 5 | | public utility company, whether or not done under public | 6 | | supervision or direction, or paid for wholly or in part out of | 7 | | public funds. "Public works" also includes any corrective | 8 | | action performed pursuant to Title XVI of the Environmental | 9 | | Protection Act for which payment from the Underground Storage | 10 | | Tank Fund is requested. "Public works" does not include | 11 | | projects undertaken by the owner at an owner-occupied | 12 | | single-family residence or at an owner-occupied unit of a | 13 | | multi-family residence. "Public works" does not include work | 14 | | performed for soil and water conservation purposes on | 15 | | agricultural lands, whether or not done under public | 16 | | supervision or paid for wholly or in part out of public funds, | 17 | | done directly by an owner or person who has legal control of | 18 | | those lands.
| 19 | | "Construction" means all work on public works involving | 20 | | laborers,
workers or mechanics. This includes any maintenance, | 21 | | repair, assembly, or disassembly work performed on equipment | 22 | | whether owned, leased, or rented.
| 23 | | "Trucking broker" means an individual or business entity, | 24 | | the activities of which include, but are not limited to: | 25 | | (1) contracting to provide trucking services in the | 26 | | construction industry to users of those services; |
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| 1 | | (2) contracting to obtain such service from providers | 2 | | of trucking services; | 3 | | (3) dispatching the providers of the services to do | 4 | | work as required by the users of such services; | 5 | | (4) receiving payment from the users in consideration | 6 | | of the trucking services provided; and | 7 | | (5) making payment to the providers for the services. | 8 | | "Trucking firm" means any legal business entity that owns | 9 | | one or more vehicles and hires the vehicles out for services to | 10 | | trucking brokers or contractors on public works projects. | 11 | | "Independent truck owner-operator" means an individual, | 12 | | partnership, or principal stockholder of a corporation that | 13 | | owns or holds a vehicle under lease and that contracts that | 14 | | vehicle and the owner's services to an entity which provides | 15 | | construction services to a public works project. | 16 | | "Ready-mixed concrete" means concrete that is manufactured | 17 | | according to a set recipe for incorporation into a public works | 18 | | project. | 19 | | "Aggregate" or "excavated materials" includes, but is not | 20 | | limited to, rock, gravel, sand, pebbles, dirt, soil, clay, | 21 | | bitumen, cultured and polymer materials, cement, concrete, | 22 | | asphalt, slag, grindings, and recycled materials. | 23 | | "Stockpile" means aggregate or excavated materials that | 24 | | are placed in a location for temporary storage when all or | 25 | | substantially all of the aggregate or excavated material is | 26 | | relocated by loading and hauling it to another location for |
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| 1 | | final placement. | 2 | | "Transportation" means any required hauling activities on | 3 | | the site of, or to or from, a public works project or stockpile | 4 | | regardless of whether the activity is performed by the prime | 5 | | contractor, subcontractor, trucking broker, trucking firm, | 6 | | independent truck owner-operator, or employee or agent of any | 7 | | of the foregoing entities and regardless of which entity or | 8 | | person hires or contracts with another. | 9 | | "Transportation of ready-mixed concrete" means receiving | 10 | | the concrete at the factory or batching plant, hauling and | 11 | | delivery to a public works project, and the return trip to the | 12 | | factory or batching plant, whether or not the factory or | 13 | | batching plant is mobile or in a fixed location. | 14 | | "Transportation of aggregate or excavated materials" | 15 | | includes, but is not limited to, work, as required by the users | 16 | | of the services, for: | 17 | | (1) the hauling of any or all stockpiled materials on | 18 | | the project work site to other locations on the same | 19 | | project even if the trucks leave the work site at some | 20 | | point; | 21 | | (2) the delivery of materials from any facility or any | 22 | | stockpile to the project and the return haul to the | 23 | | starting location either empty or loaded; | 24 | | (3) the delivery of materials from another | 25 | | construction project site to the public works project and | 26 | | the return haul either empty or loaded; |
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| 1 | | (4) the hauling required to remove any materials from | 2 | | the public works project to a location off the project site | 3 | | and the return haul either empty or loaded; and | 4 | | (5) the delivery of materials by an employee of a | 5 | | seller or supplier to the public works project and the | 6 | | return haul to the off-site facility or any stockpile, | 7 | | empty or loaded, by an employee of the seller or supplier. | 8 | | The hauling of aggregate or excavated materials by | 9 | | employees of a contractor or subcontractor that operates an | 10 | | asphalt or concrete plant that was moved into a gravel pit, | 11 | | borrow pit, or other location not on the project, primarily to | 12 | | serve public works projects, is considered work under the | 13 | | contract. | 14 | | "Locality" means the county where the physical work upon | 15 | | public works
is performed, except (1) that if there is not | 16 | | available in the county a
sufficient number of competent | 17 | | skilled laborers, workers and mechanics
to construct the public | 18 | | works efficiently and properly, "locality"
includes any other | 19 | | county nearest the one in which the work or
construction is to | 20 | | be performed and from which such persons may be
obtained in | 21 | | sufficient numbers to perform the work and (2) that, with
| 22 | | respect to contracts for highway work with the Department of
| 23 | | Transportation of this State, "locality" may at the discretion | 24 | | of the
Secretary of the Department of Transportation be | 25 | | construed to include
two or more adjacent counties from which | 26 | | workers may be accessible for
work on such construction.
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| 1 | | "Public body" means the State or any officer, board or | 2 | | commission of
the State or any political subdivision or | 3 | | department thereof, or any
institution supported in whole or in | 4 | | part by public funds,
and includes every county, city, town,
| 5 | | village, township, school district, irrigation, utility, | 6 | | reclamation
improvement or other district and every other | 7 | | political subdivision,
district or municipality of the state | 8 | | whether such political
subdivision, municipality or district | 9 | | operates under a special charter
or not.
| 10 | | "Labor organization" means an organization that is the | 11 | | exclusive representative of an
employer's employees recognized | 12 | | or certified pursuant to the National Labor Relations Act. | 13 | | The terms "general prevailing rate of hourly wages", | 14 | | "general
prevailing rate of wages" or "prevailing rate of | 15 | | wages" when used in
this Act mean the hourly cash wages plus | 16 | | annualized fringe benefits for training and
apprenticeship | 17 | | programs approved by the U.S. Department of Labor, Bureau of
| 18 | | Apprenticeship and Training, health and welfare, insurance, | 19 | | vacations and
pensions paid generally, in the
locality in which | 20 | | the work is being performed, to employees engaged in
work of a | 21 | | similar character on public works , and for those who own, such | 22 | | as an independent truck owner-operator, and operate a truck and | 23 | | are engaged in the transportation of ready-mixed concrete or | 24 | | transportation of aggregate or excavated materials, the | 25 | | prevailing rate shall, in addition, include the equipment rate | 26 | | established by the Illinois Department of Transportation |
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| 1 | | associated with the nature of the equipment operated and the | 2 | | rental rate paid for truck hire by those who own or operate a | 3 | | truck, whichever is applicable .
| 4 | | (Source: P.A. 100-1177, eff. 6-1-19.)
| 5 | | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 6 | | Sec. 3. Not less than the general prevailing rate of hourly | 7 | | wages for
work of a similar character on public works in the | 8 | | locality in which the
work is performed, and not less than the | 9 | | general prevailing rate of
hourly wages for legal holiday and | 10 | | overtime work, shall be paid to all
laborers, workers and | 11 | | mechanics employed by or on behalf of any public
body engaged | 12 | | in the construction or demolition of public works.
This | 13 | | includes any maintenance, repair, assembly, or disassembly | 14 | | work performed on equipment whether owned, leased, or rented. | 15 | | All Only such laborers, workers , and mechanics as are
directly | 16 | | employed by contractors or subcontractors in actual
| 17 | | construction work on the site of the building or construction | 18 | | job shall be deemed to be employed upon public works. All | 19 | | laborers, workers, and mechanics directly employed by | 20 | | contractors or subcontractors performing transportation of | 21 | | ready-mixed concrete and transportation of aggregate or | 22 | | excavated materials to the job site or stockpile shall be | 23 | | deemed to be employed in actual construction work upon public | 24 | | works. Laborers , and
laborers , workers , and mechanics | 25 | | otherwise engaged in the transportation of
materials and |
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| 1 | | equipment to or from the site , but not including the
| 2 | | transportation by the sellers and suppliers or the manufacture | 3 | | or
processing of materials or equipment , in the execution of | 4 | | any contract
or contracts for public works with any public body | 5 | | shall not be deemed to be
employed upon public works. The wage | 6 | | for a tradesman performing maintenance
is equivalent to that of | 7 | | a tradesman engaged in construction or demolition.
| 8 | | (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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