Rep. David Reis

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 987

2    AMENDMENT NO. ______. Amend House Bill 987 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, or
9the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; or funds from the
11Fund for Illinois' Future under Section 6z-47 of the State
12Finance Act, funds for school construction under Section 5 of
13the General Obligation Bond Act, funds authorized under Section
143 of the School Construction Bond Act, funds for school
15infrastructure under Section 6z-45 of the State Finance Act,
16and funds for transportation purposes under Section 4 of the
17General Obligation Bond Act. "Public works" also includes (i)
18all projects financed in whole or in part with funds from the
19Department of Commerce and Economic Opportunity under the
20Illinois Renewable Fuels Development Program Act for which
21there is no project labor agreement; (ii) all work performed
22pursuant to a public private agreement under the Public Private
23Agreements for the Illiana Expressway Act; and (iii) all
24projects undertaken under a public-private agreement under the
25Public-Private Partnerships for Transportation Act. "Public
26works" also includes all projects at leased facility property

 

 

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1used for airport purposes under Section 35 of the Local
2Government Facility Lease Act. "Public works" also includes the
3construction of a new wind power facility by a business
4designated as a High Impact Business under Section 5.5(a)(3)(E)
5of the Illinois Enterprise Zone Act. "Public works" does not
6include work done directly by any public utility company,
7whether or not done under public supervision or direction, or
8paid for wholly or in part out of public funds. "Public works"
9does not include projects undertaken by the owner at an
10owner-occupied single-family residence or at an owner-occupied
11unit of a multi-family residence or soil and water conservation
12projects undertaken by a landowner or land occupier as defined
13by the Soil and Water Conservation Districts Act.
14    "Construction" means all work on public works involving
15laborers, workers or mechanics. This includes any maintenance,
16repair, assembly, or disassembly work performed on equipment
17whether owned, leased, or rented.
18    "Locality" means the county where the physical work upon
19public works is performed, except (1) that if there is not
20available in the county a sufficient number of competent
21skilled laborers, workers and mechanics to construct the public
22works efficiently and properly, "locality" includes any other
23county nearest the one in which the work or construction is to
24be performed and from which such persons may be obtained in
25sufficient numbers to perform the work and (2) that, with
26respect to contracts for highway work with the Department of

 

 

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1Transportation of this State, "locality" may at the discretion
2of the Secretary of the Department of Transportation be
3construed to include two or more adjacent counties from which
4workers may be accessible for work on such construction.
5    "Public body" means the State or any officer, board or
6commission of the State or any political subdivision or
7department thereof, or any institution supported in whole or in
8part by public funds, and includes every county, city, town,
9village, township, school district, irrigation, utility,
10reclamation improvement or other district and every other
11political subdivision, district or municipality of the state
12whether such political subdivision, municipality or district
13operates under a special charter or not.
14    The terms "general prevailing rate of hourly wages",
15"general prevailing rate of wages" or "prevailing rate of
16wages" when used in this Act mean the hourly cash wages plus
17fringe benefits for training and apprenticeship programs
18approved by the U.S. Department of Labor, Bureau of
19Apprenticeship and Training, health and welfare, insurance,
20vacations and pensions paid generally, in the locality in which
21the work is being performed, to employees engaged in work of a
22similar character on public works.
23(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
24eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
25eff. 8-23-11.)".