Full Text of SB1747 102nd General Assembly
SB1747sam003 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1747
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1747, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 2, on page 6, immediately below line 12, by inserting the | 5 | | following:
| 6 | | "(e) Green energy enterprise projects receiving incentives | 7 | | under this Act shall comply with the requirements of the | 8 | | Prevailing Wage Act."; and | 9 | | on page 109, immediately below line 18, by inserting the | 10 | | following: | 11 | | "Section 10-40. The Prevailing Wage Act is amended by | 12 | | changing Section 2 as follows:
| 13 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 14 | | Sec. 2. This Act applies to the wages of laborers, |
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| 1 | | mechanics and
other workers employed in any public works, as | 2 | | hereinafter defined, by
any public body and to anyone under | 3 | | contracts for public works. This includes any maintenance, | 4 | | repair, assembly, or disassembly work performed on equipment | 5 | | whether owned, leased, or rented.
| 6 | | As used in this Act, unless the context indicates | 7 | | otherwise:
| 8 | | "Public works" means all fixed works constructed or | 9 | | demolished by
any public body,
or paid for wholly or in part | 10 | | out of public funds. "Public works" as
defined herein includes | 11 | | all projects financed in whole
or in part with bonds, grants, | 12 | | loans, or other funds made available by or through the State or | 13 | | any of its political subdivisions, including but not limited | 14 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 15 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 16 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 17 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 18 | | or the Build Illinois Bond Act; loans or other funds made
| 19 | | available pursuant to the Build Illinois Act; loans or other | 20 | | funds made available pursuant to the Riverfront Development | 21 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 22 | | Act; or funds from the Fund for
Illinois' Future under Section | 23 | | 6z-47 of the State Finance Act, funds for school
construction | 24 | | under Section 5 of the General Obligation Bond Act, funds
| 25 | | authorized under Section 3 of the School Construction Bond | 26 | | Act, funds for
school infrastructure under Section 6z-45 of |
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| 1 | | the State Finance Act, and funds
for transportation purposes | 2 | | under Section 4 of the General Obligation Bond
Act. "Public | 3 | | works" also includes (i) all projects financed in whole or in | 4 | | part
with funds from the Department of Commerce and Economic | 5 | | Opportunity under the Illinois Renewable Fuels Development | 6 | | Program
Act for which there is no project labor agreement; | 7 | | (ii) all work performed pursuant to a public private agreement | 8 | | under the Public Private Agreements for the Illiana Expressway | 9 | | Act or the Public-Private Agreements for the South Suburban | 10 | | Airport Act; and (iii) all projects undertaken under a | 11 | | public-private agreement under the Public-Private Partnerships | 12 | | for Transportation Act. "Public works" also includes all | 13 | | projects at leased facility property used for airport purposes | 14 | | under Section 35 of the Local Government Facility Lease Act. | 15 | | "Public works" also includes the construction of a new wind | 16 | | power facility by a business designated as a High Impact | 17 | | Business under Section 5.5(a)(3)(E) of the Illinois Enterprise | 18 | | Zone Act. "Public works" also includes projects qualifying for | 19 | | incentives under the Illinois Energy Transition Zone Act.
| 20 | | "Public works" does not include work done directly by any | 21 | | public utility company, whether or not done under public | 22 | | supervision or direction, or paid for wholly or in part out of | 23 | | public funds. "Public works" also includes any corrective | 24 | | action performed pursuant to Title XVI of the Environmental | 25 | | Protection Act for which payment from the Underground Storage | 26 | | Tank Fund is requested. "Public works" does not include |
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| 1 | | projects undertaken by the owner at an owner-occupied | 2 | | single-family residence or at an owner-occupied unit of a | 3 | | multi-family residence. "Public works" does not include work | 4 | | performed for soil and water conservation purposes on | 5 | | agricultural lands, whether or not done under public | 6 | | supervision or paid for wholly or in part out of public funds, | 7 | | done directly by an owner or person who has legal control of | 8 | | those lands.
| 9 | | "Construction" means all work on public works involving | 10 | | laborers,
workers or mechanics. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | "Locality" means the county where the physical work upon | 14 | | public works
is performed, except (1) that if there is not | 15 | | available in the county a
sufficient number of competent | 16 | | skilled laborers, workers and mechanics
to construct the | 17 | | public works efficiently and properly, "locality"
includes any | 18 | | other county nearest the one in which the work or
construction | 19 | | is to be performed and from which such persons may be
obtained | 20 | | in sufficient numbers to perform the work and (2) that, with
| 21 | | respect to contracts for highway work with the Department of
| 22 | | Transportation of this State, "locality" may at the discretion | 23 | | of the
Secretary of the Department of Transportation be | 24 | | construed to include
two or more adjacent counties from which | 25 | | workers may be accessible for
work on such construction.
| 26 | | "Public body" means the State or any officer, board or |
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| 1 | | commission of
the State or any political subdivision or | 2 | | department thereof, or any
institution supported in whole or | 3 | | in part by public funds,
and includes every county, city, | 4 | | town,
village, township, school district, irrigation, utility, | 5 | | reclamation
improvement or other district and every other | 6 | | political subdivision,
district or municipality of the state | 7 | | whether such political
subdivision, municipality or district | 8 | | operates under a special charter
or not.
| 9 | | "Labor organization" means an organization that is the | 10 | | exclusive representative of an
employer's employees recognized | 11 | | or certified pursuant to the National Labor Relations Act. | 12 | | The terms "general prevailing rate of hourly wages", | 13 | | "general
prevailing rate of wages" or "prevailing rate of | 14 | | wages" when used in
this Act mean the hourly cash wages plus | 15 | | annualized fringe benefits for training and
apprenticeship | 16 | | programs approved by the U.S. Department of Labor, Bureau of
| 17 | | Apprenticeship and Training, health and welfare, insurance, | 18 | | vacations and
pensions paid generally, in the
locality in | 19 | | which the work is being performed, to employees engaged in
| 20 | | work of a similar character on public works.
| 21 | | (Source: P.A. 100-1177, eff. 6-1-19 .)".
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