SB 2648 — PUBLIC WORKS-HAZARDOUS TREES

*LRB09814051KTG48611b* SB2648 98THEngrossed GENERALLRB098 ASSEMBLY14051 StateKTG of48611 Illinoisb andAN 2014ACT SB2648concerning Introducedemployment. 1/21/2014, by Sen.

Pamela J.

Althoff SYNOPSIS AS INTRODUCED:

ILCS 130/2 from Ch.

48, par.

39s-2 Amends the Prevailing Wage Act.

Provides that the term "public works" Defines "hazardous trees" to mean diseased or irreparably damaged trees or trees that constitute a hazard.

Effective immediately.

LRB098 14051 KTG 48611 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2648 LRB098 14051 KTG 48611 b AN ACT concerning employment.

The Prevailing Wage Act is amended by changingadding Section 21.5 as follows:

(820 ILCS 130/2)130/1.5 (fromnew) Ch.Sec.

48,1.5. par.

39s-2)Administration Sec.and rulemaking authority.

2.The Department of Labor shall administer this Act.

ThisThe ActDepartment appliesshall toadopt therules wagesnecessary of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyoneeffectuate underthe contractspurposes forof publicthis works.Act.

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 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 Act, the Illinois Finance SB2648 - 2 - LRB098 14051 KTG 48611 b 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 supervision or direction, or SB2648 - 3 - LRB098 14051 KTG 48611 b 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.

"Public works" does not include the pruning, replacement, or removal of hazardous trees.

"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.

"Hazardous trees" means diseased or irreparably damaged trees or trees that constitute a hazard.

"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 SB2648 - 4 - LRB098 14051 KTG 48611 b 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, 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.