Full Text of SB1649 101st General Assembly
SB1649 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1649 Introduced 2/15/2019, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Provides that "public utility company" means: (1) a privately owned public utility as defined and regulated under the Public Utilities Act; (2) a public utility that is owned and operated by any political subdivision, public institution of higher education, or municipal corporation of this State; or (3) a public utility that is owned by a political subdivision, public institution of higher education, or municipal corporation and operated, wholly or in part, by any of its lessees or operating agents. Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevailing Wage Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 7 | | (Text of Section before amendment by P.A. 100-1177 ) | 8 | | Sec. 2. This Act applies to the wages of laborers, | 9 | | mechanics and
other workers employed in any public works, as | 10 | | hereinafter defined, by
any public body and to anyone under | 11 | | contracts for public works. This includes any maintenance, | 12 | | repair, assembly, or disassembly work performed on equipment | 13 | | whether owned, leased, or rented.
| 14 | | As used in this Act, unless the context indicates | 15 | | otherwise:
| 16 | | "Public works" means all fixed works constructed or | 17 | | demolished by
any public body,
or paid for wholly or in part | 18 | | out of public funds. "Public works" as
defined herein includes | 19 | | all projects financed in whole
or in part with bonds, grants, | 20 | | loans, or other funds made available by or through the State or | 21 | | any of its political subdivisions, including but not limited | 22 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 23 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
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| 1 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 2 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 3 | | the Build Illinois Bond Act; loans or other funds made
| 4 | | available pursuant to the Build Illinois Act; loans or other | 5 | | funds made available pursuant to the Riverfront Development | 6 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 7 | | Act; or funds from the Fund for
Illinois' Future under Section | 8 | | 6z-47 of the State Finance Act, funds for school
construction | 9 | | under Section 5 of the General Obligation Bond Act, funds
| 10 | | authorized under Section 3 of the School Construction Bond Act, | 11 | | funds for
school infrastructure under Section 6z-45 of the | 12 | | State Finance Act, and funds
for transportation purposes under | 13 | | Section 4 of the General Obligation Bond
Act. "Public works" | 14 | | also includes (i) all projects financed in whole or in part
| 15 | | with funds from the Department of Commerce and Economic | 16 | | Opportunity under the Illinois Renewable Fuels Development | 17 | | Program
Act for which there is no project labor agreement; (ii) | 18 | | all work performed pursuant to a public private agreement under | 19 | | the Public Private Agreements for the Illiana Expressway Act or | 20 | | the Public-Private Agreements for the South Suburban Airport | 21 | | Act; and (iii) all projects undertaken under a public-private | 22 | | agreement under the Public-Private Partnerships for | 23 | | Transportation Act. "Public works" also includes all projects | 24 | | at leased facility property used for airport purposes under | 25 | | Section 35 of the Local Government Facility Lease Act. "Public | 26 | | works" also includes the construction of a new wind power |
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| 1 | | facility by a business designated as a High Impact Business | 2 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 3 | | "Public works" does not include work done directly by any | 4 | | public utility company, whether or not done under public | 5 | | supervision or direction, or paid for wholly or in part out of | 6 | | public funds. "Public works" also includes any corrective | 7 | | action performed pursuant to Title XVI of the Environmental | 8 | | Protection Act for which payment from the Underground Storage | 9 | | Tank Fund is requested. "Public works" does not include | 10 | | projects undertaken by the owner at an owner-occupied | 11 | | single-family residence or at an owner-occupied unit of a | 12 | | multi-family residence. "Public works" does not include work | 13 | | performed for soil and water conservation purposes on | 14 | | agricultural lands, whether or not done under public | 15 | | supervision or paid for wholly or in part out of public funds, | 16 | | done directly by an owner or person who has legal control of | 17 | | those lands.
| 18 | | "Construction" means all work on public works involving | 19 | | laborers,
workers or mechanics. This includes any maintenance, | 20 | | repair, assembly, or disassembly work performed on equipment | 21 | | whether owned, leased, or rented.
| 22 | | "Locality" means the county where the physical work upon | 23 | | public works
is performed, except (1) that if there is not | 24 | | available in the county a
sufficient number of competent | 25 | | skilled laborers, workers and mechanics
to construct the public | 26 | | works efficiently and properly, "locality"
includes any other |
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| 1 | | county nearest the one in which the work or
construction is to | 2 | | be performed and from which such persons may be
obtained in | 3 | | sufficient numbers to perform the work and (2) that, with
| 4 | | respect to contracts for highway work with the Department of
| 5 | | Transportation of this State, "locality" may at the discretion | 6 | | of the
Secretary of the Department of Transportation be | 7 | | construed to include
two or more adjacent counties from which | 8 | | workers may be accessible for
work on such construction.
| 9 | | "Public body" means the State or any officer, board or | 10 | | commission of
the State or any political subdivision or | 11 | | department thereof, or any
institution supported in whole or in | 12 | | part by public funds,
and includes every county, city, town,
| 13 | | village, township, school district, irrigation, utility, | 14 | | reclamation
improvement or other district and every other | 15 | | political subdivision,
district or municipality of the state | 16 | | whether such political
subdivision, municipality or district | 17 | | operates under a special charter
or not.
| 18 | | The terms "general prevailing rate of hourly wages", | 19 | | "general
prevailing rate of wages" or "prevailing rate of | 20 | | wages" when used in
this Act mean the hourly cash wages plus | 21 | | annualized fringe benefits for training and
apprenticeship | 22 | | programs approved by the U.S. Department of Labor, Bureau of
| 23 | | Apprenticeship and Training, health and welfare, insurance, | 24 | | vacations and
pensions paid generally, in the
locality in which | 25 | | the work is being performed, to employees engaged in
work of a | 26 | | similar character on public works.
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| 1 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 2 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 3 | | 7-16-14.)
| 4 | | (Text of Section after amendment by P.A. 100-1177 ) | 5 | | Sec. 2. This Act applies to the wages of laborers, | 6 | | mechanics and
other workers employed in any public works, as | 7 | | hereinafter defined, by
any public body and to anyone under | 8 | | contracts for public works. This includes any maintenance, | 9 | | repair, assembly, or disassembly work performed on equipment | 10 | | whether owned, leased, or rented.
| 11 | | As used in this Act, unless the context indicates | 12 | | otherwise:
| 13 | | "Public works" means all fixed works constructed or | 14 | | demolished by
any public body,
or paid for wholly or in part | 15 | | out of public funds. "Public works" as
defined herein includes | 16 | | all projects financed in whole
or in part with bonds, grants, | 17 | | loans, or other funds made available by or through the State or | 18 | | any of its political subdivisions, including but not limited | 19 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 20 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 21 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 22 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 23 | | the Build Illinois Bond Act; loans or other funds made
| 24 | | available pursuant to the Build Illinois Act; loans or other | 25 | | funds made available pursuant to the Riverfront Development |
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| 1 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 2 | | Act; or funds from the Fund for
Illinois' Future under Section | 3 | | 6z-47 of the State Finance Act, funds for school
construction | 4 | | under Section 5 of the General Obligation Bond Act, funds
| 5 | | authorized under Section 3 of the School Construction Bond Act, | 6 | | funds for
school infrastructure under Section 6z-45 of the | 7 | | State Finance Act, and funds
for transportation purposes under | 8 | | Section 4 of the General Obligation Bond
Act. "Public works" | 9 | | also includes (i) all projects financed in whole or in part
| 10 | | with funds from the Department of Commerce and Economic | 11 | | Opportunity under the Illinois Renewable Fuels Development | 12 | | Program
Act for which there is no project labor agreement; (ii) | 13 | | all work performed pursuant to a public private agreement under | 14 | | the Public Private Agreements for the Illiana Expressway Act or | 15 | | the Public-Private Agreements for the South Suburban Airport | 16 | | Act; and (iii) all projects undertaken under a public-private | 17 | | agreement under the Public-Private Partnerships for | 18 | | Transportation Act. "Public works" also includes all projects | 19 | | at leased facility property used for airport purposes under | 20 | | Section 35 of the Local Government Facility Lease Act. "Public | 21 | | works" also includes the construction of a new wind power | 22 | | facility by a business designated as a High Impact Business | 23 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 24 | | "Public works" does not include work done directly by any | 25 | | public utility company, 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 any corrective | 2 | | action performed pursuant to Title XVI of the Environmental | 3 | | Protection Act for which payment from the Underground Storage | 4 | | Tank Fund is requested. "Public works" does not include | 5 | | projects undertaken by the owner at an owner-occupied | 6 | | single-family residence or at an owner-occupied unit of a | 7 | | multi-family residence. "Public works" does not include work | 8 | | performed for soil and water conservation purposes on | 9 | | agricultural lands, whether or not done under public | 10 | | supervision or paid for wholly or in part out of public funds, | 11 | | done directly by an owner or person who has legal control of | 12 | | those lands.
| 13 | | "Construction" means all work on public works involving | 14 | | laborers,
workers or mechanics. This includes any maintenance, | 15 | | repair, assembly, or disassembly work performed on equipment | 16 | | whether owned, leased, or rented.
| 17 | | "Locality" means the county where the physical work upon | 18 | | public works
is performed, except (1) that if there is not | 19 | | available in the county a
sufficient number of competent | 20 | | skilled laborers, workers and mechanics
to construct the public | 21 | | works efficiently and properly, "locality"
includes any other | 22 | | county nearest the one in which the work or
construction is to | 23 | | be performed and from which such persons may be
obtained in | 24 | | sufficient numbers to perform the work and (2) that, with
| 25 | | respect to contracts for highway work with the Department of
| 26 | | Transportation of this State, "locality" may at the discretion |
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| 1 | | of the
Secretary of the Department of Transportation be | 2 | | construed to include
two or more adjacent counties from which | 3 | | workers may be accessible for
work on such construction.
| 4 | | "Public body" means the State or any officer, board or | 5 | | commission of
the State or any political subdivision or | 6 | | department thereof, or any
institution supported in whole or in | 7 | | part by public funds,
and includes every county, city, town,
| 8 | | village, township, school district, irrigation, utility, | 9 | | reclamation
improvement or other district and every other | 10 | | political subdivision,
district or municipality of the state | 11 | | whether such political
subdivision, municipality or district | 12 | | operates under a special charter
or not.
| 13 | | "Public utility company" means: (1) a privately owned | 14 | | public utility as defined and regulated under the Public | 15 | | Utilities Act; (2) a public utility that is owned and operated | 16 | | by any political subdivision, public institution of higher | 17 | | education, or municipal corporation of this State; or (3) a | 18 | | public utility that is owned by a political subdivision, public | 19 | | institution of higher education, or municipal corporation and | 20 | | operated, wholly or in part, by any of its lessees or operating | 21 | | agents. "Lessees or operating agents" includes any person or | 22 | | entity operating a publicly owned utility, wholly or in part, | 23 | | under a lease or contract and, with the public owner of the | 24 | | utility, is a public utility company. | 25 | | "Labor organization" means an organization that is the | 26 | | exclusive representative of an
employer's employees recognized |
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| 1 | | or certified pursuant to the National Labor Relations Act. | 2 | | The terms "general prevailing rate of hourly wages", | 3 | | "general
prevailing rate of wages" or "prevailing rate of | 4 | | wages" when used in
this Act mean the hourly cash wages plus | 5 | | annualized fringe benefits for training and
apprenticeship | 6 | | programs approved by the U.S. Department of Labor, Bureau of
| 7 | | Apprenticeship and Training, health and welfare, insurance, | 8 | | vacations and
pensions paid generally, in the
locality in which | 9 | | the work is being performed, to employees engaged in
work of a | 10 | | similar character on public works.
| 11 | | (Source: P.A. 100-1177, eff. 6-1-19.)
| 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act. |
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