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Sen. Melinda Bush
Filed: 3/23/2021
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1 | | AMENDMENT TO SENATE BILL 1747
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1747 on page 6, |
3 | | immediately below line 5, by inserting the following:
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4 | | "(e) Green energy enterprise projects receiving incentives |
5 | | under this Act shall comply with the requirements of the |
6 | | Prevailing Wage Act."; and |
7 | | on page 187, immediately below line 7, by inserting the |
8 | | following: |
9 | | "Section 10-40. The Prevailing Wage Act is amended by |
10 | | changing Section 2 as follows:
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11 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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12 | | Sec. 2. This Act applies to the wages of laborers, |
13 | | mechanics and
other workers employed in any public works, as |
14 | | hereinafter defined, by
any public body and to anyone under |
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1 | | contracts for public works. This includes any maintenance, |
2 | | repair, assembly, or disassembly work performed on equipment |
3 | | whether owned, leased, or rented.
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4 | | As used in this Act, unless the context indicates |
5 | | otherwise:
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6 | | "Public works" means all fixed works constructed or |
7 | | demolished by
any public body,
or paid for wholly or in part |
8 | | out of public funds. "Public works" as
defined herein includes |
9 | | all projects financed in whole
or in part with bonds, grants, |
10 | | loans, or other funds made available by or through the State or |
11 | | any of its political subdivisions, including but not limited |
12 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
13 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
14 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
15 | | Authority Act,
the Illinois Sports Facilities Authority Act, |
16 | | or the Build Illinois Bond Act; loans or other funds made
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17 | | available pursuant to the Build Illinois Act; loans or other |
18 | | funds made available pursuant to the Riverfront Development |
19 | | Fund under Section 10-15 of the River Edge Redevelopment Zone |
20 | | Act; or funds from the Fund for
Illinois' Future under Section |
21 | | 6z-47 of the State Finance Act, funds for school
construction |
22 | | under Section 5 of the General Obligation Bond Act, funds
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23 | | authorized under Section 3 of the School Construction Bond |
24 | | Act, funds for
school infrastructure under Section 6z-45 of |
25 | | the State Finance Act, and funds
for transportation purposes |
26 | | under Section 4 of the General Obligation Bond
Act. "Public |
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1 | | works" also includes (i) all projects financed in whole or in |
2 | | part
with funds from the Department of Commerce and Economic |
3 | | Opportunity under the Illinois Renewable Fuels Development |
4 | | Program
Act for which there is no project labor agreement; |
5 | | (ii) all work performed pursuant to a public private agreement |
6 | | under the Public Private Agreements for the Illiana Expressway |
7 | | Act or the Public-Private Agreements for the South Suburban |
8 | | Airport Act; and (iii) all projects undertaken under a |
9 | | public-private agreement under the Public-Private Partnerships |
10 | | for Transportation Act. "Public works" also includes all |
11 | | projects at leased facility property used for airport purposes |
12 | | under Section 35 of the Local Government Facility Lease Act. |
13 | | "Public works" also includes the construction of a new wind |
14 | | power facility by a business designated as a High Impact |
15 | | Business under Section 5.5(a)(3)(E) of the Illinois Enterprise |
16 | | Zone Act. "Public works" also includes projects qualifying for |
17 | | incentives under the Illinois Energy Transition Zone Act.
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18 | | "Public works" does not include work done directly by any |
19 | | public utility company, whether or not done under public |
20 | | supervision or direction, or paid for wholly or in part out of |
21 | | public funds. "Public works" also includes any corrective |
22 | | action performed pursuant to Title XVI of the Environmental |
23 | | Protection Act for which payment from the Underground Storage |
24 | | Tank Fund is requested. "Public works" does not include |
25 | | projects undertaken by the owner at an owner-occupied |
26 | | single-family residence or at an owner-occupied unit of a |
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1 | | multi-family residence. "Public works" does not include work |
2 | | performed for soil and water conservation purposes on |
3 | | agricultural lands, whether or not done under public |
4 | | supervision or paid for wholly or in part out of public funds, |
5 | | done directly by an owner or person who has legal control of |
6 | | those lands.
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7 | | "Construction" means all work on public works involving |
8 | | laborers,
workers or mechanics. This includes any maintenance, |
9 | | repair, assembly, or disassembly work performed on equipment |
10 | | whether owned, leased, or rented.
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11 | | "Locality" means the county where the physical work upon |
12 | | public works
is performed, except (1) that if there is not |
13 | | available in the county a
sufficient number of competent |
14 | | skilled laborers, workers and mechanics
to construct the |
15 | | public works efficiently and properly, "locality"
includes any |
16 | | other county nearest the one in which the work or
construction |
17 | | is to be performed and from which such persons may be
obtained |
18 | | in sufficient numbers to perform the work and (2) that, with
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19 | | respect to contracts for highway work with the Department of
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20 | | Transportation of this State, "locality" may at the discretion |
21 | | of the
Secretary of the Department of Transportation be |
22 | | construed to include
two or more adjacent counties from which |
23 | | workers may be accessible for
work on such construction.
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24 | | "Public body" means the State or any officer, board or |
25 | | commission of
the State or any political subdivision or |
26 | | department thereof, or any
institution supported in whole or |
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1 | | in part by public funds,
and includes every county, city, |
2 | | town,
village, township, school district, irrigation, utility, |
3 | | reclamation
improvement or other district and every other |
4 | | political subdivision,
district or municipality of the state |
5 | | whether such political
subdivision, municipality or district |
6 | | operates under a special charter
or not.
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7 | | "Labor organization" means an organization that is the |
8 | | exclusive representative of an
employer's employees recognized |
9 | | or certified pursuant to the National Labor Relations Act. |
10 | | The terms "general prevailing rate of hourly wages", |
11 | | "general
prevailing rate of wages" or "prevailing rate of |
12 | | wages" when used in
this Act mean the hourly cash wages plus |
13 | | annualized fringe benefits for training and
apprenticeship |
14 | | programs approved by the U.S. Department of Labor, Bureau of
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15 | | Apprenticeship and Training, health and welfare, insurance, |
16 | | vacations and
pensions paid generally, in the
locality in |
17 | | which the work is being performed, to employees engaged in
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18 | | work of a similar character on public works.
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19 | | (Source: P.A. 100-1177, eff. 6-1-19 .)".
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