Full Text of SB0218 96th General Assembly
SB0218sam001 96TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 3/18/2009
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| AMENDMENT TO SENATE BILL 218
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| AMENDMENT NO. ______. Amend Senate Bill 218 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 |
| Sections 2 and 11a 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 (except as otherwise provided in this Section) , | 2 |
| whether or not done under public supervision or direction,
or | 3 |
| paid for wholly or in part out of public funds. "Public works" | 4 |
| as
defined herein includes all projects financed in whole
or in | 5 |
| part with bonds issued under the Industrial Project Revenue | 6 |
| Bond
Act (Article 11, Division 74 of the Illinois Municipal | 7 |
| Code), the Industrial
Building Revenue Bond Act, the Illinois | 8 |
| Finance Authority Act,
the Illinois Sports Facilities | 9 |
| Authority Act, or the Build Illinois Bond Act,
and all projects | 10 |
| financed in whole or in part with loans or other funds made
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| available pursuant to the Build Illinois Act. "Public works" | 12 |
| also includes
all projects financed in whole or in part with | 13 |
| funds from the Fund for
Illinois' Future under Section 6z-47 of | 14 |
| the State Finance Act, funds for school
construction under | 15 |
| Section 5 of the General Obligation Bond Act, funds
authorized | 16 |
| under Section 3 of the School Construction Bond Act, funds for
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| school infrastructure under Section 6z-45 of the State Finance | 18 |
| Act, and funds
for transportation purposes under Section 4 of | 19 |
| the General Obligation Bond
Act. "Public works" also includes | 20 |
| all projects financed in whole or in part
with funds from the | 21 |
| Department of Commerce and Economic Opportunity under the | 22 |
| Illinois Renewable Fuels Development Program
Act for which | 23 |
| there is no project labor agreement. "Public works" also | 24 |
| includes all projects at leased facility property used for | 25 |
| airport purposes under Section 35 of the Local Government | 26 |
| Facility Lease Act.
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| "Construction" means all work on public works involving | 2 |
| laborers,
workers or mechanics. This includes any maintenance, | 3 |
| repair, assembly, or disassembly work performed on equipment | 4 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 6 |
| public works
is performed, except (1) that if there is not | 7 |
| available in the county a
sufficient number of competent | 8 |
| skilled laborers, workers and mechanics
to construct the public | 9 |
| works efficiently and properly, "locality"
includes any other | 10 |
| county nearest the one in which the work or
construction is to | 11 |
| be performed and from which such persons may be
obtained in | 12 |
| 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 | 15 |
| of the
Secretary of the Department of Transportation be | 16 |
| construed to include
two or more adjacent counties from which | 17 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 19 |
| commission of
the State or any political subdivision or | 20 |
| department thereof, or any
institution supported in whole or in | 21 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 23 |
| reclamation
improvement or other district and every other | 24 |
| political subdivision,
district or municipality of the state | 25 |
| whether such political
subdivision, municipality or district | 26 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 2 |
| "general
prevailing rate of wages" or "prevailing rate of | 3 |
| wages" when used in
this Act mean the hourly cash wages plus | 4 |
| fringe benefits for training and
apprenticeship programs | 5 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 7 |
| vacations and
pensions paid generally, in the
locality in which | 8 |
| the work is being performed, to employees engaged in
work of a | 9 |
| similar character on public works.
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| Notwithstanding any other provision of this Act, whenever a | 11 |
| public
utility company contracts with an outside contractor on | 12 |
| any construction
project, the project shall be considered | 13 |
| "public work" for purposes of
this Act and the public utility | 14 |
| company shall be considered a "public body"
for purposes of | 15 |
| this Act, and this Act shall apply to the public utility
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| company and to the contractor, its subcontractors, and their | 17 |
| laborers,
workers, and mechanics.
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| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
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| (820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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| Sec. 11a. The Director of the Department of Labor shall | 21 |
| publish in the
Illinois Register no less often than once each | 22 |
| calendar quarter a list of
contractors or subcontractors found | 23 |
| to have disregarded their obligations
to employees under this | 24 |
| Act. The Department of Labor shall determine the
contractors or | 25 |
| subcontractors who, on 2 separate occasions within 5 years, |
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| have been
determined to have violated the provisions of this | 2 |
| Act. Upon such
determination the Department shall notify the | 3 |
| violating
contractor or subcontractor. Such contractor or | 4 |
| subcontractor shall then
have 10 working days to request a | 5 |
| hearing by the Department on the alleged
violations. Failure to | 6 |
| respond within the 10 working day period shall
result in | 7 |
| automatic and immediate placement and publication on the list.
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| If the contractor or subcontractor requests a hearing within | 9 |
| the 10 working
day period, the Director shall set a hearing on | 10 |
| the alleged violations.
Such hearing shall take place no later | 11 |
| than 45 calendar days after the
receipt by the Department of | 12 |
| Labor of the request for a hearing.
The Department of Labor is | 13 |
| empowered to promulgate, adopt, amend and rescind
rules and | 14 |
| regulations to govern the hearing procedure. No contract shall
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| be awarded to , nor may a bid be accepted from, a contractor or | 16 |
| subcontractor appearing on the list, or to
any firm, | 17 |
| corporation, partnership or association in which such | 18 |
| contractor
or subcontractor has an interest until 4 years have | 19 |
| elapsed from the date
of publication of the list containing the | 20 |
| name of such contractor or
subcontractor.
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| (Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)".
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