102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1891

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/3  from Ch. 48, par. 39s-3

    Amends the Prevailing Wage Act. Provides that only such laborers, workers, and mechanics as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job, laborers, workers, and mechanics engaged in the transportation of materials and equipment to or from the site, or (3) laborers, workers, and mechanics engaged in the production, processing, reclamation, recycling, or manufacturing of materials, regardless of location, where those materials will be incorporated into a public works project and when the value of said material used in the public works project is greater than $250,000, but not including the transportation by the sellers and suppliers or the manufacture or processing of materials or equipment, in the execution of any contract or contracts for public works with any public body shall be deemed to be employed upon public works. Provides other exclusions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevailing Wage Act is amended by changing
5Section 3 as follows:
 
6    (820 ILCS 130/3)  (from Ch. 48, par. 39s-3)
7    Sec. 3. Prevailing wage paid on public works; exceptions.
8    (a) Not less than the general prevailing rate of hourly
9wages for work of a similar character on public works in the
10locality in which the work is performed, and not less than the
11general prevailing rate of hourly wages for legal holiday and
12overtime work, shall be paid to all laborers, workers and
13mechanics employed by or on behalf of any public body engaged
14in the construction or demolition of public works. This
15includes any maintenance, repair, assembly, or disassembly
16work performed on equipment whether owned, leased, or rented.
17    (b) Only (1) such laborers, workers and mechanics as are
18directly employed by contractors or subcontractors in actual
19construction work on the site of the building or construction
20job, (2) and laborers, workers and mechanics engaged in the
21transportation of materials and equipment to or from the site,
22or (3) laborers, workers, and mechanics engaged in the
23production, processing, reclamation, recycling, or

 

 

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1manufacturing of materials, regardless of location, where
2those materials will be incorporated into a public works
3project and when the value of said material used in the public
4works project is greater than $250,000, but not including the
5transportation by the sellers and suppliers or the manufacture
6or processing of materials or equipment, in the execution of
7any contract or contracts for public works with any public
8body shall be deemed to be employed upon public works.
9Production, processing, reclamation, recycling, or
10manufacturing of materials, including, but not limited to,
11rock, gravel, sand, pebbles, dirt, soil, clay, cement,
12concrete, asphalt, and like material shall include altering
13the shape, size, composition, or chemical structure of the
14material into a product that can be introduced into the public
15works project either directly or through some aggregate
16mixture.
17    (c) Workers involved in the pre-production and
18pre-manufacturing processes of those materials, including, but
19not limited to, collecting, cleaning, and sorting the
20materials shall not be deemed to be employed upon public
21works.
22    (d) Laborers, workers, and mechanics engaged in the
23transportation by the sellers and suppliers of materials or
24equipment shall not be deemed to be employed upon public
25works.
26    (e) The wage for a tradesman performing maintenance is

 

 

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1equivalent to that of a tradesman engaged in construction or
2demolition.
3(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)