Full Text of HB3737 96th General Assembly
HB3737 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3737
Introduced 2/25/2009, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/2 |
from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Provides that "construction" includes "construction work on a public utility" and shall, in connection with the construction of any public utility in the State, mean construction, reconstruction, installation, demolition, restoration, and alteration of facilities of the public utility. Provides that "construction work on a public utility" shall not be construed to include operational work, including flaggers, snow plowing, vegetation management in and around utility rights of way, mark outs, janitorial services, landscaping, leak surveyors, meter work, and miscellaneous repairs.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3737 |
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LRB096 05804 RLC 15883 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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 | 17 |
| utility
company, whether or not done under public supervision | 18 |
| or direction,
or paid for wholly or in part out of public | 19 |
| funds. "Public works" as
defined herein includes all projects | 20 |
| financed in whole
or in part with bonds issued under the | 21 |
| Industrial Project Revenue Bond
Act (Article 11, Division 74 of | 22 |
| the Illinois Municipal Code), the Industrial
Building Revenue | 23 |
| Bond Act, the Illinois Finance Authority Act,
the Illinois |
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HB3737 |
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LRB096 05804 RLC 15883 b |
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| Sports Facilities Authority Act, or the Build Illinois Bond | 2 |
| Act,
and all projects financed in whole or in part with loans | 3 |
| or other funds made
available pursuant to the Build Illinois | 4 |
| Act. "Public works" also includes
all projects financed in | 5 |
| whole or in part with funds from the Fund for
Illinois' Future | 6 |
| under Section 6z-47 of the State Finance Act, funds for school
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| construction under Section 5 of the General Obligation Bond | 8 |
| Act, funds
authorized under Section 3 of the School | 9 |
| Construction Bond Act, funds for
school infrastructure under | 10 |
| Section 6z-45 of the State Finance Act, and funds
for | 11 |
| transportation purposes under Section 4 of the General | 12 |
| Obligation Bond
Act. "Public works" also includes all projects | 13 |
| financed in whole or in part
with funds from the Department of | 14 |
| Commerce and Economic Opportunity under the Illinois Renewable | 15 |
| Fuels Development Program
Act for which there is no project | 16 |
| labor agreement. "Public works" also includes all projects at | 17 |
| leased facility property used for airport purposes under | 18 |
| Section 35 of the Local Government Facility Lease Act.
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| "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. "Construction" includes | 23 |
| "construction work on a public utility" and shall, in | 24 |
| connection with the construction of any public utility in the | 25 |
| State, mean construction, reconstruction, installation, | 26 |
| demolition, restoration, and alteration of facilities of the |
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HB3737 |
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LRB096 05804 RLC 15883 b |
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| public utility. "Construction work on a public utility" shall | 2 |
| not be construed to include operational work, including | 3 |
| flaggers, snow plowing, vegetation management in and around | 4 |
| utility rights of way, mark outs, janitorial services, | 5 |
| landscaping, leak surveyors, meter work, and miscellaneous | 6 |
| repairs.
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| "Locality" means the county where the physical work upon | 8 |
| public works
is performed, except (1) that if there is not | 9 |
| available in the county a
sufficient number of competent | 10 |
| skilled laborers, workers and mechanics
to construct the public | 11 |
| works efficiently and properly, "locality"
includes any other | 12 |
| county nearest the one in which the work or
construction is to | 13 |
| be performed and from which such persons may be
obtained in | 14 |
| 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 | 17 |
| of the
Secretary of the Department of Transportation be | 18 |
| construed to include
two or more adjacent counties from which | 19 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 21 |
| commission of
the State or any political subdivision or | 22 |
| department thereof, or any
institution supported in whole or in | 23 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 25 |
| reclamation
improvement or other district and every other | 26 |
| political subdivision,
district or municipality of the state |
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HB3737 |
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LRB096 05804 RLC 15883 b |
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| whether such political
subdivision, municipality or district | 2 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 4 |
| "general
prevailing rate of wages" or "prevailing rate of | 5 |
| wages" when used in
this Act mean the hourly cash wages plus | 6 |
| fringe benefits for training and
apprenticeship programs | 7 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 9 |
| vacations and
pensions paid generally, in the
locality in which | 10 |
| the work is being performed, to employees engaged in
work of a | 11 |
| 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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