Full Text of HB5550 102nd General Assembly
HB5550 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5550 Introduced 1/31/2022, by Rep. Justin Slaughter 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 transportation of ready-mixed concrete and the transportation of aggregate or excavated materials shall be deemed to be employment upon public works. Provides that all laborers, workers, and mechanics performing transportation of ready-mixed concrete and transportation of aggregate or excavated materials shall be deemed to be employed in actual construction work upon public works. Defines terms.
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| | 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.
| 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,
or paid for wholly or in part | 17 | | out of public funds. "Public works" as
defined herein includes | 18 | | all projects financed in whole
or in part with bonds, grants, | 19 | | loans, or other funds made available by or through the State or | 20 | | any of its political subdivisions, including but not limited | 21 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 22 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 23 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 2 | | or the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; loans or other | 4 | | funds made available pursuant to the Riverfront Development | 5 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 6 | | Act; or funds from the Fund for
Illinois' Future under Section | 7 | | 6z-47 of the State Finance Act, funds for school
construction | 8 | | under Section 5 of the General Obligation Bond Act, funds
| 9 | | authorized under Section 3 of the School Construction Bond | 10 | | Act, funds for
school infrastructure under Section 6z-45 of | 11 | | the State Finance Act, and funds
for transportation purposes | 12 | | under Section 4 of the General Obligation Bond
Act. "Public | 13 | | works" also includes (i) all projects financed in whole or in | 14 | | part
with funds from the Environmental Protection Agency under | 15 | | the Illinois Renewable Fuels Development Program
Act for which | 16 | | there is no project labor agreement; (ii) all work performed | 17 | | pursuant to a public private agreement under the Public | 18 | | Private Agreements for the Illiana Expressway Act or the | 19 | | Public-Private Agreements for the South Suburban Airport Act; | 20 | | and (iii) all projects undertaken under a public-private | 21 | | agreement under the Public-Private Partnerships for | 22 | | Transportation Act. "Public works" also includes all projects | 23 | | at leased facility property used for airport purposes under | 24 | | Section 35 of the Local Government Facility Lease Act. "Public | 25 | | works" also includes the construction of a new wind power | 26 | | facility by a business designated as a High Impact Business |
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| 1 | | under Section 5.5(a)(3)(E) and the construction of a new | 2 | | utility-scale solar power facility by a business designated as | 3 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the | 4 | | Illinois Enterprise Zone Act.
"Public works" also includes | 5 | | electric vehicle charging station projects financed pursuant | 6 | | to the Electric Vehicle Act and renewable energy projects | 7 | | required to pay the prevailing wage pursuant to the Illinois | 8 | | Power Agency Act. "Public works" does not include work done | 9 | | directly by any public utility company, whether or not done | 10 | | under public supervision or direction, or paid for wholly or | 11 | | in part out of public funds. "Public works" also includes | 12 | | construction projects performed by a third party contracted by | 13 | | any public utility, as described in subsection (a) of Section | 14 | | 2.1, in public rights-of-way, as defined in Section 21-201 of | 15 | | the Public Utilities Act, whether or not done under public | 16 | | supervision or direction, or paid for wholly or in part out of | 17 | | public funds. "Public works" also includes construction | 18 | | projects that exceed 15 aggregate miles of new fiber optic | 19 | | cable, performed by a third party contracted by any public | 20 | | utility, as described in subsection (b) of Section 2.1, in | 21 | | public rights-of-way, as defined in Section 21-201 of the | 22 | | Public Utilities Act, whether or not done under public | 23 | | supervision or direction, or paid for wholly or in part out of | 24 | | public funds. "Public works" also includes any corrective | 25 | | action performed pursuant to Title XVI of the Environmental | 26 | | Protection Act for which payment from the Underground Storage |
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| 1 | | Tank Fund is requested. "Public works" does not include | 2 | | projects undertaken by the owner at an owner-occupied | 3 | | single-family residence or at an owner-occupied unit of a | 4 | | multi-family residence. "Public works" does not include work | 5 | | performed for soil and water conservation purposes on | 6 | | agricultural lands, whether or not done under public | 7 | | supervision or paid for wholly or in part out of public funds, | 8 | | done directly by an owner or person who has legal control of | 9 | | those lands.
| 10 | | "Construction" means all work on public works involving | 11 | | laborers,
workers or mechanics. This includes any maintenance, | 12 | | repair, assembly, or disassembly work performed on equipment | 13 | | whether owned, leased, or rented.
| 14 | | "Aggregate" or "excavated materials" includes, rock, | 15 | | gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured and | 16 | | polymer materials, cement, concrete, asphalt, slag, grindings, | 17 | | and any material used as a substitute for these materials. | 18 | | "Independent truck owner-operator" means an individual, | 19 | | partnership, or principal stockholder of a corporation, that | 20 | | owns or holds a vehicle under lease and that contracts that | 21 | | vehicle and the owner's services to an entity that provides | 22 | | construction services to a public works project. | 23 | | "Ready-mixed concrete" means concrete that is manufactured | 24 | | according to a set recipe. | 25 | | "Stockpile" means aggregate or excavated materials that | 26 | | are placed in a location for temporary storage when all or |
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| 1 | | substantially all of the aggregate or excavated material is | 2 | | relocated by loading and hauling it to another location for | 3 | | final placement. | 4 | | "Transportation of aggregate or excavated materials" | 5 | | includes any required hauling activities, empty or loaded, on | 6 | | the site of or to or from a public works project or a stockpile | 7 | | for a public works project regardless of whether the activity | 8 | | is performed by the prime contractor, subcontractor, trucking | 9 | | broker, trucking firm, independent truck owner-operator, | 10 | | supplier, or employee or agent of any of these entities, and | 11 | | regardless of which entity or person hires or contracts with | 12 | | another. | 13 | | "Transportation of ready-mixed concrete" means receiving | 14 | | the concrete at the factory or batching plant, hauling and | 15 | | delivery to a public works project, and the return trip to the | 16 | | factory or batching plant, whether or not the factory or | 17 | | batching plant is mobile or in a fixed location, regardless of | 18 | | whether the activity is performed by the prime contractor, | 19 | | subcontractor, trucking broker, trucking firm, independent | 20 | | truck owner-operator, supplier, or employee or agent of any of | 21 | | these entities, and regardless of which entity or person hires | 22 | | or contracts with another. | 23 | | "Locality" means the county where the physical work upon | 24 | | public works
is performed, except (1) that if there is not | 25 | | available in the county a
sufficient number of competent | 26 | | skilled laborers, workers and mechanics
to construct the |
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| 1 | | public works efficiently and properly, "locality"
includes any | 2 | | other county nearest the one in which the work or
construction | 3 | | is to be performed and from which such persons may be
obtained | 4 | | in sufficient numbers to perform the work and (2) that, with
| 5 | | respect to contracts for highway work with the Department of
| 6 | | Transportation of this State, "locality" may at the discretion | 7 | | of the
Secretary of the Department of Transportation be | 8 | | construed to include
two or more adjacent counties from which | 9 | | workers may be accessible for
work on such construction.
| 10 | | "Public body" means the State or any officer, board or | 11 | | commission of
the State or any political subdivision or | 12 | | department thereof, or any
institution supported in whole or | 13 | | in part by public funds,
and includes every county, city, | 14 | | town,
village, township, school district, irrigation, utility, | 15 | | reclamation
improvement or other district and every other | 16 | | political subdivision,
district or municipality of the state | 17 | | whether such political
subdivision, municipality or district | 18 | | operates under a special charter
or not.
| 19 | | "Labor organization" means an organization that is the | 20 | | exclusive representative of an
employer's employees recognized | 21 | | or certified pursuant to the National Labor Relations Act. | 22 | | The terms "general prevailing rate of hourly wages", | 23 | | "general
prevailing rate of wages" or "prevailing rate of | 24 | | wages" when used in
this Act mean : | 25 | | (1) the hourly cash wages plus annualized fringe | 26 | | benefits for training and
apprenticeship programs approved |
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| 1 | | by the U.S. Department of Labor, Bureau of
Apprenticeship | 2 | | and Training, health and welfare, insurance, vacations and
| 3 | | pensions paid generally, in the
locality in which the work | 4 | | is being performed, to employees engaged in
work of a | 5 | | similar character on public works ; and | 6 | | (2) for those, such as an independent truck | 7 | | owner-operator, who own and operate a truck and are | 8 | | engaged in the transportation of ready-mixed concrete or | 9 | | transportation of aggregate or excavated materials, the | 10 | | general prevailing rate of wages shall, in addition, | 11 | | include the equipment rate established by the Department | 12 | | of Transportation associated with the nature of the | 13 | | equipment operated and the rental rate paid for truck hire | 14 | | by those who own or operate a truck, whichever is | 15 | | applicable .
| 16 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | 17 | | 102-673, eff. 11-30-21; revised 12-9-21.)
| 18 | | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
| 19 | | Sec. 3. Not less than the general prevailing rate of | 20 | | hourly wages for
work of a similar character on public works in | 21 | | the locality in which the
work is performed, and not less than | 22 | | the general prevailing rate of
hourly wages for legal holiday | 23 | | and overtime work, shall be paid to all
laborers, workers and | 24 | | mechanics employed by or on behalf of any public
body engaged | 25 | | in the construction or demolition of public works.
This |
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| 1 | | includes any maintenance, repair, assembly, or disassembly | 2 | | work performed on equipment whether owned, leased, or rented. | 3 | | All Only such laborers, workers , and mechanics as are
directly | 4 | | employed by contractors or subcontractors in actual
| 5 | | construction work on the site of the building or construction | 6 | | job shall be deemed to be employed upon public works. All | 7 | | laborers, workers, and mechanics performing transportation of | 8 | | ready-mixed concrete and transportation of aggregate or | 9 | | excavated materials shall be deemed to be employed in actual | 10 | | construction work upon public works. Laborers , and
laborers, | 11 | | workers , and mechanics otherwise engaged in the transportation | 12 | | of
materials and equipment to or from the site , but not | 13 | | including the
transportation by the sellers and suppliers or | 14 | | the manufacture or
processing of materials or equipment , in | 15 | | the execution of any contract
or contracts for public works | 16 | | with any public body shall not be deemed to be
employed upon | 17 | | public works. The wage for a tradesman performing maintenance
| 18 | | is equivalent to that of a tradesman engaged in construction | 19 | | or demolition.
| 20 | | (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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