Sen. Meg Loughran Cappel

Filed: 1/5/2023

 

 


 

 


 
10200HB5069sam001LRB102 25251 SPS 42430 a

1
AMENDMENT TO HOUSE BILL 5069

2    AMENDMENT NO. ______. Amend House Bill 5069 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1out of public funds. "Public works" as defined herein includes
2all projects financed in whole or in part with bonds, grants,
3loans, or other funds made available by or through the State or
4any of its political subdivisions, including but not limited
5to: bonds issued under the Industrial Project Revenue Bond Act
6(Article 11, Division 74 of the Illinois Municipal Code), the
7Industrial Building Revenue Bond Act, the Illinois Finance
8Authority Act, the Illinois Sports Facilities Authority Act,
9or the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; loans or other
11funds made available pursuant to the Riverfront Development
12Fund under Section 10-15 of the River Edge Redevelopment Zone
13Act; or funds from the Fund for Illinois' Future under Section
146z-47 of the State Finance Act, funds for school construction
15under Section 5 of the General Obligation Bond Act, funds
16authorized under Section 3 of the School Construction Bond
17Act, funds for school infrastructure under Section 6z-45 of
18the State Finance Act, and funds for transportation purposes
19under Section 4 of the General Obligation Bond Act. "Public
20works" also includes (i) all projects financed in whole or in
21part with funds from the Environmental Protection Agency under
22the Illinois Renewable Fuels Development Program Act for which
23there is no project labor agreement; (ii) all work performed
24pursuant to a public private agreement under the Public
25Private Agreements for the Illiana Expressway Act or the
26Public-Private Agreements for the South Suburban Airport Act;

 

 

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1(iii) all projects undertaken under a public-private agreement
2under the Public-Private Partnerships for Transportation Act;
3and (iv) all transportation facilities undertaken under a
4design-build contract or a Construction Manager/General
5Contractor contract under the Innovations for Transportation
6Infrastructure Act. "Public works" also includes all projects
7at leased facility property used for airport purposes under
8Section 35 of the Local Government Facility Lease Act. "Public
9works" also includes the construction of a new wind power
10facility by a business designated as a High Impact Business
11under Section 5.5(a)(3)(E) and the construction of a new
12utility-scale solar power facility by a business designated as
13a High Impact Business under Section 5.5(a)(3)(E-5) of the
14Illinois Enterprise Zone Act. "Public works" also includes
15electric vehicle charging station projects financed pursuant
16to the Electric Vehicle Act and renewable energy projects
17required to pay the prevailing wage pursuant to the Illinois
18Power Agency Act. "Public works" does not include work done
19directly by any public utility company, whether or not done
20under public supervision or direction, or paid for wholly or
21in part out of public funds. "Public works" also includes
22construction projects performed by a third party contracted by
23any public utility, as described in subsection (a) of Section
242.1, in public rights-of-way, as defined in Section 21-201 of
25the Public Utilities Act, whether or not done under public
26supervision or direction, or paid for wholly or in part out of

 

 

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1public funds. "Public works" also includes construction
2projects that exceed 15 aggregate miles of new fiber optic
3cable, performed by a third party contracted by any public
4utility, as described in subsection (b) of Section 2.1, in
5public rights-of-way, as defined in Section 21-201 of the
6Public Utilities Act, whether or not done under public
7supervision or direction, or paid for wholly or in part out of
8public funds. "Public works" also includes any corrective
9action performed pursuant to Title XVI of the Environmental
10Protection Act for which payment from the Underground Storage
11Tank Fund is requested. "Public works" also includes
12installation, repair, wiring, and maintenance services to
13Illinois lottery machines and equipment pursuant to a contract
14between the Department of the Lottery and a contractor.
15"Public works" does not include projects undertaken by the
16owner at an owner-occupied single-family residence or at an
17owner-occupied unit of a multi-family residence. "Public
18works" does not include work performed for soil and water
19conservation purposes on agricultural lands, whether or not
20done under public supervision or paid for wholly or in part out
21of public funds, done directly by an owner or person who has
22legal control of those lands.
23    "Construction" means all work on public works involving
24laborers, workers or mechanics. This includes any maintenance,
25repair, assembly, or disassembly work performed on equipment
26whether owned, leased, or rented.

 

 

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1    "Locality" means the county where the physical work upon
2public works is performed, except (1) that if there is not
3available in the county a sufficient number of competent
4skilled laborers, workers and mechanics to construct the
5public works efficiently and properly, "locality" includes any
6other county nearest the one in which the work or construction
7is to be performed and from which such persons may be obtained
8in sufficient numbers to perform the work and (2) that, with
9respect to contracts for highway work with the Department of
10Transportation of this State, "locality" may at the discretion
11of the Secretary of the Department of Transportation be
12construed to include two or more adjacent counties from which
13workers may be accessible for work on such construction.
14    "Public body" means the State or any officer, board or
15commission of the State or any political subdivision or
16department thereof, or any institution supported in whole or
17in part by public funds, and includes every county, city,
18town, village, township, school district, irrigation, utility,
19reclamation improvement or other district and every other
20political subdivision, district or municipality of the state
21whether such political subdivision, municipality or district
22operates under a special charter or not.
23    "Labor organization" means an organization that is the
24exclusive representative of an employer's employees recognized
25or 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
2wages" when used in this Act mean the hourly cash wages plus
3annualized fringe benefits for training and apprenticeship
4programs approved by the U.S. Department of Labor, Bureau of
5Apprenticeship and Training, health and welfare, insurance,
6vacations and pensions paid generally, in the locality in
7which the work is being performed, to employees engaged in
8work of a similar character on public works.
9(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
10102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
116-15-22.)
 
12    Section 99. Effective date. This Act takes effect January
131, 2024.".