Full Text of HB4432 102nd General Assembly
HB4432 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4432 Introduced 1/21/2022, by Rep. Dave Vella SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Expands the definition of "public works" to include construction projects in a designated redevelopment project area as defined in the Tax Increment Allocation Redevelopment Act and construction projects in a River Edge Redevelopment Zone as defined in the River Edge Redevelopment Zone Act.
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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, | 2 | | or the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; loans or other | 4 | | funds made available pursuant to the Riverfront Development | 5 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 6 | | Act; or funds from the Fund for
Illinois' Future under Section | 7 | | 6z-47 of the State Finance Act, funds for school
construction | 8 | | under Section 5 of the General Obligation Bond Act, funds
| 9 | | authorized under Section 3 of the School Construction Bond | 10 | | Act, funds for
school infrastructure under Section 6z-45 of | 11 | | the State Finance Act, and funds
for transportation purposes | 12 | | under Section 4 of the General Obligation Bond
Act. "Public | 13 | | works" also includes (i) all projects financed in whole or in | 14 | | part
with funds from the Environmental Protection Agency under | 15 | | the Illinois Renewable Fuels Development Program
Act for which | 16 | | there is no project labor agreement; (ii) all work performed | 17 | | pursuant to a public private agreement under the Public | 18 | | Private Agreements for the Illiana Expressway Act or the | 19 | | Public-Private Agreements for the South Suburban Airport Act; | 20 | | and (iii) all projects undertaken under a public-private | 21 | | agreement under the Public-Private Partnerships for | 22 | | Transportation Act. "Public works" also includes all projects | 23 | | at leased facility property used for airport purposes under | 24 | | Section 35 of the Local Government Facility Lease Act. "Public | 25 | | works" also includes the construction of a new wind power | 26 | | facility by a business designated as a High Impact Business |
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| 1 | | under Section 5.5(a)(3)(E) and the construction of a new | 2 | | utility-scale solar power facility by a business designated as | 3 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the | 4 | | Illinois Enterprise Zone Act.
"Public works" also includes | 5 | | electric vehicle charging station projects financed pursuant | 6 | | to the Electric Vehicle Act and renewable energy projects | 7 | | required to pay the prevailing wage pursuant to the Illinois | 8 | | Power Agency Act. "Public works" also includes construction | 9 | | projects in a designated redevelopment project area as defined | 10 | | in the Tax Increment Allocation Redevelopment Act and | 11 | | construction projects in a River Edge Redevelopment Zone as | 12 | | defined in the River Edge Redevelopment Zone Act. "Public | 13 | | works" does not include work done directly by any public | 14 | | utility company, whether or not done under public supervision | 15 | | or direction, or paid for wholly or in part out of public | 16 | | funds. "Public works" also includes construction projects | 17 | | performed by a third party contracted by any public utility, | 18 | | as described in subsection (a) of Section 2.1, in public | 19 | | rights-of-way, as defined in Section 21-201 of the Public | 20 | | Utilities Act, whether or not done under public supervision or | 21 | | direction, or paid for wholly or in part out of public funds. | 22 | | "Public works" also includes construction projects that exceed | 23 | | 15 aggregate miles of new fiber optic cable, performed by a | 24 | | third party contracted by any public utility, as described in | 25 | | subsection (b) of Section 2.1, in public rights-of-way, as | 26 | | defined in Section 21-201 of the Public Utilities Act, whether |
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| 1 | | or not done under public supervision or direction, or paid for | 2 | | wholly or in part out of public funds. "Public works" also | 3 | | includes any corrective action performed pursuant to Title XVI | 4 | | of the Environmental Protection Act for which payment from the | 5 | | Underground Storage Tank Fund is requested. "Public works" | 6 | | does not include projects undertaken by the owner at an | 7 | | owner-occupied single-family residence or at an owner-occupied | 8 | | unit of a multi-family residence. "Public works" does not | 9 | | include work performed for soil and water conservation | 10 | | purposes on agricultural lands, whether or not done under | 11 | | public supervision or paid for wholly or in part out of public | 12 | | funds, done directly by an owner or person who has legal | 13 | | control of those lands.
| 14 | | "Construction" means all work on public works involving | 15 | | laborers,
workers or mechanics. This includes any maintenance, | 16 | | repair, assembly, or disassembly work performed on equipment | 17 | | whether owned, leased, or rented.
| 18 | | "Locality" means the county where the physical work upon | 19 | | public works
is performed, except (1) that if there is not | 20 | | available in the county a
sufficient number of competent | 21 | | skilled laborers, workers and mechanics
to construct the | 22 | | public works efficiently and properly, "locality"
includes any | 23 | | other county nearest the one in which the work or
construction | 24 | | is to be performed and from which such persons may be
obtained | 25 | | in sufficient numbers to perform the work and (2) that, with
| 26 | | respect to contracts for highway work with the Department of
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| 1 | | Transportation of this State, "locality" may at the discretion | 2 | | of the
Secretary of the Department of Transportation be | 3 | | construed to include
two or more adjacent counties from which | 4 | | workers may be accessible for
work on such construction.
| 5 | | "Public body" means the State or any officer, board or | 6 | | commission of
the State or any political subdivision or | 7 | | department thereof, or any
institution supported in whole or | 8 | | in part by public funds,
and includes every county, city, | 9 | | town,
village, township, school district, irrigation, utility, | 10 | | reclamation
improvement or other district and every other | 11 | | political subdivision,
district or municipality of the state | 12 | | whether such political
subdivision, municipality or district | 13 | | operates under a special charter
or not.
| 14 | | "Labor organization" means an organization that is the | 15 | | exclusive representative of an
employer's employees recognized | 16 | | or certified pursuant to the National Labor Relations Act. | 17 | | The terms "general prevailing rate of hourly wages", | 18 | | "general
prevailing rate of wages" or "prevailing rate of | 19 | | wages" when used in
this Act mean the hourly cash wages plus | 20 | | annualized fringe benefits for training and
apprenticeship | 21 | | programs approved by the U.S. Department of Labor, Bureau of
| 22 | | Apprenticeship and Training, health and welfare, insurance, | 23 | | vacations and
pensions paid generally, in the
locality in | 24 | | which the work is being performed, to employees engaged in
| 25 | | work of a similar character on public works.
| 26 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
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| 1 | | 102-673, eff. 11-30-21; revised 12-9-21.)
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