Full Text of HB3439 97th General Assembly
HB3439 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3439 Introduced 2/24/2011, by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Provides that "public works" does not include a project that (i) came under the definition of "public works" as a result of the changes made by Public Act 96-58 and (ii) received funds from tax increment financing sources before January 1, 2010 (the effective date of Public Act 96-58). Effective immediately.
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| | 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 | | Sec. 2. This Act applies to the wages of laborers, | 8 | | mechanics and
other workers employed in any public works, as | 9 | | hereinafter defined, by
any public body and to anyone under | 10 | | contracts for public works. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | As used in this Act, unless the context indicates | 14 | | otherwise:
| 15 | | "Public works" means all fixed works constructed or | 16 | | demolished by
any public body,
or paid for wholly or in part | 17 | | out of public funds. "Public works" as
defined herein includes | 18 | | all projects financed in whole
or in part with bonds, grants, | 19 | | loans, or other funds made available by or through the State or | 20 | | any of its political subdivisions, including but not limited | 21 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 22 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 23 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 2 | | the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; or funds from the | 4 | | Fund for
Illinois' Future under Section 6z-47 of the State | 5 | | Finance Act, funds for school
construction under Section 5 of | 6 | | the General Obligation Bond Act, funds
authorized under Section | 7 | | 3 of the School Construction Bond Act, funds for
school | 8 | | infrastructure under Section 6z-45 of the State Finance Act, | 9 | | and funds
for transportation purposes under Section 4 of the | 10 | | General Obligation Bond
Act. "Public works" also includes (i) | 11 | | all projects financed in whole or in part
with funds from the | 12 | | Department of Commerce and Economic Opportunity under the | 13 | | Illinois Renewable Fuels Development Program
Act for which | 14 | | there is no project labor agreement and (ii) all work performed | 15 | | pursuant to a public private agreement under the Public Private | 16 | | Agreements for the Illiana Expressway Act. "Public works" also | 17 | | includes all projects at leased facility property used for | 18 | | airport purposes under Section 35 of the Local Government | 19 | | Facility Lease Act. "Public works" also includes the | 20 | | construction of a new wind power facility by a business | 21 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 22 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 23 | | include work done directly by any public utility company, | 24 | | whether or not done under public supervision or direction, or | 25 | | paid for wholly or in part out of public funds. "Public works" | 26 | | does not include projects undertaken by the owner at an |
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| 1 | | owner-occupied single-family residence or at an owner-occupied | 2 | | unit of a multi-family residence. Notwithstanding any other | 3 | | provision of law, "public works" does not include a project | 4 | | that (i) came under the definition of "public works" as a | 5 | | result of the changes made to this Section by Public Act 96-58 | 6 | | and (ii) received public funds from tax increment financing | 7 | | sources before January 1, 2010 (the effective date of Public | 8 | | Act 96-58).
| 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 public | 17 | | works efficiently and properly, "locality"
includes any other | 18 | | county nearest the one in which the work or
construction is to | 19 | | be performed and from which such persons may be
obtained in | 20 | | 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 in | 3 | | part by public funds,
and includes every county, city, town,
| 4 | | 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 | | The terms "general prevailing rate of hourly wages", | 10 | | "general
prevailing rate of wages" or "prevailing rate of | 11 | | wages" when used in
this Act mean the hourly cash wages plus | 12 | | fringe benefits for training and
apprenticeship programs | 13 | | approved by the U.S. Department of Labor, Bureau of
| 14 | | Apprenticeship and Training, health and welfare, insurance, | 15 | | vacations and
pensions paid generally, in the
locality in which | 16 | | the work is being performed, to employees engaged in
work of a | 17 | | similar character on public works.
| 18 | | (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 19 | | eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, | 20 | | eff. 7-2-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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