97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3362

 

Introduced 2/24/2011, by Rep. Deborah Mell

 

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

    Amends the Prevailing Wage Act. Provides that "public works" does not include gardening-related maintenance projects, including but not limited to watering and pruning. Effective immediately.


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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; loans or other funds made
3available pursuant to the Build Illinois Act; or funds from the
4Fund for Illinois' Future under Section 6z-47 of the State
5Finance Act, funds for school construction under Section 5 of
6the General Obligation Bond Act, funds authorized under Section
73 of the School Construction Bond Act, funds for school
8infrastructure under Section 6z-45 of the State Finance Act,
9and funds for transportation purposes under Section 4 of the
10General Obligation Bond Act. "Public works" also includes (i)
11all projects financed in whole or in part with funds from the
12Department of Commerce and Economic Opportunity under the
13Illinois Renewable Fuels Development Program Act for which
14there is no project labor agreement and (ii) all work performed
15pursuant to a public private agreement under the Public Private
16Agreements for the Illiana Expressway Act. "Public works" also
17includes all projects at leased facility property used for
18airport purposes under Section 35 of the Local Government
19Facility Lease Act. "Public works" also includes the
20construction of a new wind power facility by a business
21designated as a High Impact Business under Section 5.5(a)(3)(E)
22of the Illinois Enterprise Zone Act. "Public works" does not
23include work done directly by any public utility company,
24whether or not done under public supervision or direction, or
25paid for wholly or in part out of public funds. "Public works"
26does not include projects undertaken by the owner at an

 

 

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

 

 

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1reclamation improvement or other district and every other
2political subdivision, district or municipality of the state
3whether such political subdivision, municipality or district
4operates under a special charter or not.
5    The terms "general prevailing rate of hourly wages",
6"general prevailing rate of wages" or "prevailing rate of
7wages" when used in this Act mean the hourly cash wages plus
8fringe benefits for training and apprenticeship programs
9approved by the U.S. Department of Labor, Bureau of
10Apprenticeship and Training, health and welfare, insurance,
11vacations and pensions paid generally, in the locality in which
12the work is being performed, to employees engaged in work of a
13similar character on public works.
14(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
15eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
16eff. 7-2-10.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.