Illinois General Assembly - Full Text of SB1409
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Full Text of SB1409  98th General Assembly

SB1409sam001 98TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1409

2    AMENDMENT NO. ______. Amend Senate Bill 1409 on page 7, by
3inserting the following immediately below line 23:
 
4    "Section 15. The Prevailing Wage Act is amended by changing
5Section 2 as follows:
 
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
14otherwise:
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part

 

 

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1out of public funds. "Public works" as defined herein includes
2all projects financed in whole or in part with bonds, grants,
3loans, or other funds made available by or through the State or
4any of its political subdivisions, including but not limited
5to: bonds issued under the Industrial Project Revenue Bond Act
6(Article 11, Division 74 of the Illinois Municipal Code), the
7Industrial Building Revenue Bond Act, the Illinois Finance
8Authority Act, the Illinois Sports Facilities Authority Act, or
9the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; loans or other
11funds made available pursuant to the Riverfront Development
12Fund under Section 10-15 of the River Edge Redevelopment Zone
13Act; or funds from the Fund for Illinois' Future under Section
146z-47 of the State Finance Act, funds for school construction
15under Section 5 of the General Obligation Bond Act, funds
16authorized under Section 3 of the School Construction Bond Act,
17funds for school infrastructure under Section 6z-45 of the
18State Finance Act, and funds for transportation purposes under
19Section 4 of the General Obligation Bond Act. "Public works"
20also includes (i) all projects financed in whole or in part
21with funds from the Department of Commerce and Economic
22Opportunity under the Illinois Renewable Fuels Development
23Program Act for which there is no project labor agreement; (ii)
24all work performed pursuant to a public private agreement under
25the Public Private Agreements for the Illiana Expressway Act;
26and (iii) all projects undertaken under a public-private

 

 

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1agreement under the Public-Private Partnerships for
2Transportation Act. "Public works" also includes all projects
3at leased facility property used for airport purposes under
4Section 35 of the Local Government Facility Lease Act. "Public
5works" also includes the construction of a new wind power
6facility by a business designated as a High Impact Business
7under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
8"Public works" does not include work done directly by any
9public utility company, whether or not done under public
10supervision or direction, or paid for wholly or in part out of
11public funds. "Public works" does not include projects
12undertaken by the owner at an owner-occupied single-family
13residence or at an owner-occupied unit of a multi-family
14residence.
15    "Construction" means all work on public works involving
16laborers, workers or mechanics. This includes any maintenance,
17repair, assembly, or disassembly work performed on equipment
18whether owned, leased, or rented.
19    "Locality" means the county where the physical work upon
20public works is performed, except (1) that if there is not
21available in the county a sufficient number of competent
22skilled laborers, workers and mechanics to construct the public
23works efficiently and properly, "locality" includes any other
24county nearest the one in which the work or construction is to
25be performed and from which such persons may be obtained in
26sufficient numbers to perform the work and (2) that, with

 

 

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1respect to contracts for highway work with the Department of
2Transportation of this State, "locality" may at the discretion
3of the Secretary of the Department of Transportation be
4construed to include two or more adjacent counties from which
5workers may be accessible for work on such construction.
6    "Public body" means the State or any officer, board or
7commission of the State or any political subdivision or
8department thereof, or any institution supported in whole or in
9part by public funds, and includes every county, city, town,
10village, township, school district, irrigation, utility,
11reclamation improvement or other district and every other
12political subdivision, district or municipality of the state
13whether such political subdivision, municipality or district
14operates under a special charter or not.
15    The terms "general prevailing rate of hourly wages",
16"general prevailing rate of wages" or "prevailing rate of
17wages" when used in this Act mean the hourly cash wages plus
18fringe benefits for training and apprenticeship programs
19approved by the U.S. Department of Labor, Bureau of
20Apprenticeship and Training, health and welfare, insurance,
21vacations and pensions paid generally, in the locality in which
22the work is being performed, to employees engaged in work of a
23similar character on public works.
24(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
25eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
26eff. 8-23-11.)".