98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3068

 

Introduced , by Rep. Mike Bost

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Amends the Prevailing Wage Act. Provides that the Act applies to projects for the construction or maintenance of roads or structures financed in whole or in part with funds received from the Illinois Department of Transportation regardless of who performs the work.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
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 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
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance

 

 

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1Authority Act, the Illinois Sports Facilities Authority Act, or
2the Build Illinois Bond Act; projects for the building, repair,
3maintenance, or rehabilitation of roads or structures financed
4in whole or in part with funds received from the Department of
5Transportation, regardless of who performs the work; loans or
6other funds made available pursuant to the Build Illinois Act;
7or funds from the Fund for Illinois' Future under Section 6z-47
8of the State Finance Act, funds for school construction under
9Section 5 of the General Obligation Bond Act, funds authorized
10under Section 3 of the School Construction Bond Act, funds for
11school infrastructure under Section 6z-45 of the State Finance
12Act, and funds for transportation purposes under Section 4 of
13the General Obligation Bond Act. "Public works" also includes
14(i) all projects financed in whole or in part with funds from
15the Department of Commerce and Economic Opportunity under the
16Illinois Renewable Fuels Development Program Act for which
17there is no project labor agreement; (ii) all work performed
18pursuant to a public private agreement under the Public Private
19Agreements for the Illiana Expressway Act; and (iii) all
20projects undertaken under a public-private agreement under the
21Public-Private Partnerships for Transportation Act. "Public
22works" also includes all projects at leased facility property
23used for airport purposes under Section 35 of the Local
24Government Facility Lease Act. "Public works" also includes the
25construction of a new wind power facility by a business
26designated as a High Impact Business under Section 5.5(a)(3)(E)

 

 

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1of the Illinois Enterprise Zone Act. "Public works" does not
2include work done directly by any public utility company,
3whether or not done under public supervision or direction, or
4paid for wholly or in part out of public funds. "Public works"
5does not include projects undertaken by the owner at an
6owner-occupied single-family residence or at an owner-occupied
7unit of a multi-family residence.
8    "Construction" means all work on public works involving
9laborers, workers or mechanics. This includes any maintenance,
10repair, assembly, or disassembly work performed on equipment
11whether owned, leased, or rented.
12    "Locality" means the county where the physical work upon
13public works is performed, except (1) that if there is not
14available in the county a sufficient number of competent
15skilled laborers, workers and mechanics to construct the public
16works efficiently and properly, "locality" includes any other
17county nearest the one in which the work or construction is to
18be performed and from which such persons may be obtained in
19sufficient numbers to perform the work and (2) that, with
20respect to contracts for highway work with the Department of
21Transportation of this State, "locality" may at the discretion
22of the Secretary of the Department of Transportation be
23construed to include two or more adjacent counties from which
24workers may be accessible for work on such construction.
25    "Public body" means the State or any officer, board or
26commission of the State or any political subdivision or

 

 

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1department thereof, or any institution supported in whole or in
2part by public funds, and includes every county, city, town,
3village, township, school district, irrigation, utility,
4reclamation improvement or other district and every other
5political subdivision, district or municipality of the state
6whether such political subdivision, municipality or district
7operates under a special charter or not.
8    The terms "general prevailing rate of hourly wages",
9"general prevailing rate of wages" or "prevailing rate of
10wages" when used in this Act mean the hourly cash wages plus
11fringe benefits for training and apprenticeship programs
12approved by the U.S. Department of Labor, Bureau of
13Apprenticeship and Training, health and welfare, insurance,
14vacations and pensions paid generally, in the locality in which
15the work is being performed, to employees engaged in work of a
16similar character on public works.
17(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
18eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
19eff. 8-23-11.)