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Sen. Meg Loughran Cappel
Filed: 1/5/2023
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1 | | AMENDMENT TO HOUSE BILL 5069
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2 | | AMENDMENT NO. ______. Amend House Bill 5069 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Prevailing Wage Act is amended by changing |
5 | | Section 2 as follows:
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6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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7 | | Sec. 2. This Act applies to the wages of laborers, |
8 | | mechanics and
other workers employed in any public works, as |
9 | | hereinafter defined, by
any public body and to anyone under |
10 | | contracts for public works. This includes any maintenance, |
11 | | repair, assembly, or disassembly work performed on equipment |
12 | | whether owned, leased, or rented.
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13 | | As used in this Act, unless the context indicates |
14 | | otherwise:
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15 | | "Public works" means all fixed works constructed or |
16 | | demolished by
any public body,
or paid for wholly or in part |
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1 | | out of public funds. "Public works" as
defined herein includes |
2 | | all projects financed in whole
or in part with bonds, grants, |
3 | | loans, or other funds made available by or through the State or |
4 | | any of its political subdivisions, including but not limited |
5 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
6 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
7 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
8 | | Authority Act,
the Illinois Sports Facilities Authority Act, |
9 | | or the Build Illinois Bond Act; loans or other funds made
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10 | | available pursuant to the Build Illinois Act; loans or other |
11 | | funds made available pursuant to the Riverfront Development |
12 | | Fund under Section 10-15 of the River Edge Redevelopment Zone |
13 | | Act; or funds from the Fund for
Illinois' Future under Section |
14 | | 6z-47 of the State Finance Act, funds for school
construction |
15 | | under Section 5 of the General Obligation Bond Act, funds
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16 | | authorized under Section 3 of the School Construction Bond |
17 | | Act, funds for
school infrastructure under Section 6z-45 of |
18 | | the State Finance Act, and funds
for transportation purposes |
19 | | under Section 4 of the General Obligation Bond
Act. "Public |
20 | | works" also includes (i) all projects financed in whole or in |
21 | | part
with funds from the Environmental Protection Agency under |
22 | | the Illinois Renewable Fuels Development Program
Act for which |
23 | | there is no project labor agreement; (ii) all work performed |
24 | | pursuant to a public private agreement under the Public |
25 | | Private Agreements for the Illiana Expressway Act or the |
26 | | Public-Private Agreements for the South Suburban Airport Act; |
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1 | | (iii) all projects undertaken under a public-private agreement |
2 | | under the Public-Private Partnerships for Transportation Act; |
3 | | and (iv) all transportation facilities undertaken under a |
4 | | design-build contract or a Construction Manager/General |
5 | | Contractor contract under the Innovations for Transportation |
6 | | Infrastructure Act. "Public works" also includes all projects |
7 | | at leased facility property used for airport purposes under |
8 | | Section 35 of the Local Government Facility Lease Act. "Public |
9 | | works" also includes the construction of a new wind power |
10 | | facility by a business designated as a High Impact Business |
11 | | under Section 5.5(a)(3)(E) and the construction of a new |
12 | | utility-scale solar power facility by a business designated as |
13 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the |
14 | | Illinois Enterprise Zone Act.
"Public works" also includes |
15 | | electric vehicle charging station projects financed pursuant |
16 | | to the Electric Vehicle Act and renewable energy projects |
17 | | required to pay the prevailing wage pursuant to the Illinois |
18 | | Power Agency Act. "Public works" does not include work done |
19 | | directly by any public utility company, whether or not done |
20 | | under public supervision or direction, or paid for wholly or |
21 | | in part out of public funds. "Public works" also includes |
22 | | construction projects performed by a third party contracted by |
23 | | any public utility, as described in subsection (a) of Section |
24 | | 2.1, in public rights-of-way, as defined in Section 21-201 of |
25 | | the Public Utilities Act, whether or not done under public |
26 | | supervision or direction, or paid for wholly or in part out of |
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1 | | public funds. "Public works" also includes construction |
2 | | projects that exceed 15 aggregate miles of new fiber optic |
3 | | cable, performed by a third party contracted by any public |
4 | | utility, as described in subsection (b) of Section 2.1, in |
5 | | public rights-of-way, as defined in Section 21-201 of the |
6 | | Public Utilities Act, whether or not done under public |
7 | | supervision or direction, or paid for wholly or in part out of |
8 | | public funds. "Public works" also includes any corrective |
9 | | action performed pursuant to Title XVI of the Environmental |
10 | | Protection Act for which payment from the Underground Storage |
11 | | Tank Fund is requested. "Public works" also includes |
12 | | installation, repair, wiring, and maintenance services to |
13 | | Illinois lottery machines and equipment pursuant to a contract |
14 | | between the Department of the Lottery and a contractor. |
15 | | "Public works" does not include projects undertaken by the |
16 | | owner at an owner-occupied single-family residence or at an |
17 | | owner-occupied unit of a multi-family residence. "Public |
18 | | works" does not include work performed for soil and water |
19 | | conservation purposes on agricultural lands, whether or not |
20 | | done under public supervision or paid for wholly or in part out |
21 | | of public funds, done directly by an owner or person who has |
22 | | legal control of those lands.
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23 | | "Construction" means all work on public works involving |
24 | | laborers,
workers or mechanics. This includes any maintenance, |
25 | | repair, assembly, or disassembly work performed on equipment |
26 | | whether owned, leased, or rented.
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1 | | "Locality" means the county where the physical work upon |
2 | | public works
is performed, except (1) that if there is not |
3 | | available in the county a
sufficient number of competent |
4 | | skilled laborers, workers and mechanics
to construct the |
5 | | public works efficiently and properly, "locality"
includes any |
6 | | other county nearest the one in which the work or
construction |
7 | | is to be performed and from which such persons may be
obtained |
8 | | in sufficient numbers to perform the work and (2) that, with
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9 | | respect to contracts for highway work with the Department of
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10 | | Transportation of this State, "locality" may at the discretion |
11 | | of the
Secretary of the Department of Transportation be |
12 | | construed to include
two or more adjacent counties from which |
13 | | workers may be accessible for
work on such construction.
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14 | | "Public body" means the State or any officer, board or |
15 | | commission of
the State or any political subdivision or |
16 | | department thereof, or any
institution supported in whole or |
17 | | in part by public funds,
and includes every county, city, |
18 | | town,
village, township, school district, irrigation, utility, |
19 | | reclamation
improvement or other district and every other |
20 | | political subdivision,
district or municipality of the state |
21 | | whether such political
subdivision, municipality or district |
22 | | operates under a special charter
or not.
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23 | | "Labor organization" means an organization that is the |
24 | | exclusive representative of an
employer's employees recognized |
25 | | or certified pursuant to the National Labor Relations Act. |
26 | | The terms "general prevailing rate of hourly wages", |
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1 | | "general
prevailing rate of wages" or "prevailing rate of |
2 | | wages" when used in
this Act mean the hourly cash wages plus |
3 | | annualized fringe benefits for training and
apprenticeship |
4 | | programs approved by the U.S. Department of Labor, Bureau of
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5 | | Apprenticeship and Training, health and welfare, insurance, |
6 | | vacations and
pensions paid generally, in the
locality in |
7 | | which the work is being performed, to employees engaged in
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8 | | work of a similar character on public works.
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9 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
10 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. |
11 | | 6-15-22.)
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12 | | Section 99. Effective date. This Act takes effect January |
13 | | 1, 2024.".
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