Bill Text: IL SB3639 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Prevailing Wage Act. Includes snow plowing within the definition of the term "public works". Requires that the prevailing rate of hourly wages be paid by a public body to workers engaged in snow plowing. Limits the concurrent exercise of home rule powers under the Prevailing Wage Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3639 Detail]

Download: Illinois-2011-SB3639-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3639 Introduced 2/10/2012, by Sen. Gary Forby SYNOPSIS AS INTRODUCED:
820 ILCS 130/2 from Ch. 48, par. 39s-2
820 ILCS 130/3 from Ch. 48, par. 39s-3
820 ILCS 130/13 new
Amends the Prevailing Wage Act. Includes snow plowing within the definition of the term "public works". Requires that the prevailing rate of hourly wages be paid by a public body to workers engaged in snow plowing. Limits the concurrent exercise of home rule powers under the Prevailing Wage Act. Effective immediately.
LRB097 19448 JLS 64701 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB3639 LRB097 19448 JLS 64701 b
AN ACT concerning wages.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Sections 2 and 3 and by adding Section 13 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished and all snow plowed by any public body, or paid for
wholly or in part out of public funds. "Public works" as
defined herein includes all projects financed in whole or in
part with bonds, grants, loans, or other funds made available
by or through the State or any of its political subdivisions,
including but not limited to: bonds issued under the Industrial
Project Revenue Bond Act (Article 11, Division 74 of the
Illinois Municipal Code), the Industrial Building Revenue Bond

SB3639 - 2 - LRB097 19448 JLS 64701 b
Act, the Illinois Finance Authority Act, the Illinois Sports
Facilities Authority Act, or the Build Illinois Bond Act; loans
or other funds made available pursuant to the Build Illinois
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond Act,
funds for school infrastructure under Section 6z-45 of the
State Finance Act, and funds for transportation purposes under
Section 4 of the General Obligation Bond Act. "Public works"
also includes (i) all projects financed in whole or in part
with funds from the Department of Commerce and Economic
Opportunity under the Illinois Renewable Fuels Development
Program Act for which there is no project labor agreement; (ii)
all work performed pursuant to a public private agreement under
the Public Private Agreements for the Illiana Expressway Act;
and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public works" does not include work done directly by any
public utility company, whether or not done under public

SB3639 - 3 - LRB097 19448 JLS 64701 b
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" does not include projects
undertaken by the owner at an owner-occupied single-family
residence or at an owner-occupied unit of a multi-family
residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,

SB3639 - 4 - LRB097 19448 JLS 64701 b
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
eff. 8-23-11.)
(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
Sec. 3. Not less than the general prevailing rate of hourly
wages for work of a similar character on public works in the
locality in which the work is performed, and not less than the
general prevailing rate of hourly wages for legal holiday and
overtime work, shall be paid to all laborers, workers and
mechanics employed by or on behalf of any public body engaged
in the construction or demolition of public works or the

SB3639 - 5 - LRB097 19448 JLS 64701 b
plowing of snow. This includes any maintenance, repair,
assembly, or disassembly work performed on equipment whether
owned, leased, or rented. 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, and laborers, workers and
mechanics engaged in the transportation of materials and
equipment to or from the site, 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. The wage for
a tradesman performing maintenance is equivalent to that of a
tradesman engaged in construction or demolition.
(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
(820 ILCS 130/13 new)
Sec. 13. Home rule. A home rule unit may not regulate wages
in a manner inconsistent with this Act and as otherwise
authorized by this Act. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
Section 99. Effective date. This Act takes effect upon
becoming law.