HB4787ham001 97TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 3/22/2012

09700HB4787ham001 LRB097 17355 JLS 67630 a

AMENDMENT TO HOUSE BILL 4787

AMENDMENT NO. ______. Amend House Bill 4787 by replacing everything after the enacting clause with the following:

"Section 5. The Prevailing Wage Act is amended by changing Section 2 and adding Section 4.5 as follows:

(820 ILCS 130/2) (from Ch. 48, par. 39s-2)

Sec. 2. Except for projects with a total cost of $20,000 or less, this This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works. 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 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 and (ii) all work performed pursuant to a public private agreement under the Public Private Agreements for the Illiana Expressway 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 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.

"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.

"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 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. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10.)

(820 ILCS 130/4.5 new)

Sec. 4.5. Prevailing Wage Task Force.

(a) Task Force. The Prevailing Wage Task Force is created. The members of the Task Force shall be appointed no later than September 1, 2012.

(b) Report. No later than December 1 of each year, the Task Force shall report to the Governor and the General Assembly its recommendations for legislation to provide local governments with relief from the requirements of this Act. The Task Force shall issue its first report no later than December 1, 2012.

(c) Composition. The following members shall comprise the Task Force:

(1) One Democratic member of the Senate appointed by the President of the Senate and one Republican member of the Senate appointed by the Minority Leader of the Senate.

(2) One Democratic member of the House of Representatives appointed by the Speaker of the House of Representatives and one Republican member of the House of Representatives appointed by the Minority Leader of the House of Representatives.

(3) Three members representative of organized labor or labor trade councils appointed by the Governor.

(4) One member selected by the Illinois Municipal League.

(5) One member selected from one of the member Councils of Government of the Metropolitan Mayors Caucus.

(6) One member selected by Metro Counties.

(7) One member selected by the Illinois Landscape Contractors Association.

The initial appointment of members to the Task Force shall provide for 4 groups of members. Three of the groups shall consist of 3 members and one group shall consist of 2 members. The composition of the groups shall be determined by lot. The group consisting of 2 members shall serve an initial term of 4 years. Of the 3 remaining groups, one group shall serve an initial term of one year, one group shall serve an initial term of 2 years, and one group shall serve an initial term of 3 years. The length of the initial terms of the 3-person groups shall be determined by lot. Successors shall serve a term of 4 years. If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve the unexpired portion of the term.

(d) Organization. The Task Force shall elect a chairperson and a vice-chairperson who may not be members of the same political party. Six members of the Task Force constitute a quorum. The chairperson or, in the absence of the chairperson, the vice-chairperson shall have the right to convene a Task Force meeting and call the meeting to order. The Task Force shall meet at least one time each calendar quarter.

(e) Compensation. Members of the Task Force shall not receive compensation for performance of their duties, but may be reimbursed for actual and necessary expenses incurred in performing the duties associated with the Task Force from moneys appropriated for that purpose.

(f) Administrative support. The Department of Commerce and Economic Opportunity shall provide administrative and staff support to the Task Force.

Section 99. Effective date. This Act takes effect upon becoming law.".