Full Text of HB4844 101st General Assembly
HB4844 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4844 Introduced 2/18/2020, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Includes within scope of the term "public works" work performed under an agreement between a public body and a private entity for the development, construction, maintenance, or operation of infrastructure.
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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 | | 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; 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 Act, | 10 | | funds for
school infrastructure under Section 6z-45 of the | 11 | | State Finance Act, and funds
for transportation purposes under | 12 | | Section 4 of the General Obligation Bond
Act. "Public works" | 13 | | also includes (i) all projects financed in whole or in part
| 14 | | with funds from the Department of Commerce and Economic | 15 | | Opportunity under the Illinois Renewable Fuels Development | 16 | | Program
Act for which there is no project labor agreement; (ii) | 17 | | all work performed pursuant to a public private agreement under | 18 | | the Public Private Agreements for the Illiana Expressway Act or | 19 | | the Public-Private Agreements for the South Suburban Airport | 20 | | Act; and (iii) all projects undertaken under a public-private | 21 | | agreement under the Public-Private Partnerships for | 22 | | Transportation Act ; and (iv) any other work performed pursuant | 23 | | to an agreement or contract, including all schedules, | 24 | | exhibits,and attachments thereto, entered into by a public body | 25 | | with a private entity for the development, construction, | 26 | | maintenance, or operation of infrastructure . "Public works" |
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| 1 | | also includes all projects at leased facility property used for | 2 | | airport purposes under Section 35 of the Local Government | 3 | | Facility Lease Act. "Public works" also includes the | 4 | | construction of a new wind power facility by a business | 5 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 6 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 7 | | include work done directly by any public utility company, | 8 | | whether or not done under public supervision or direction, or | 9 | | paid for wholly or in part out of public funds. "Public works" | 10 | | also includes any corrective action performed pursuant to Title | 11 | | XVI of the Environmental Protection Act for which payment from | 12 | | the Underground Storage Tank Fund is requested. "Public works" | 13 | | does not include projects undertaken by the owner at an | 14 | | owner-occupied single-family residence or at an owner-occupied | 15 | | unit of a multi-family residence. "Public works" does not | 16 | | include work performed for soil and water conservation purposes | 17 | | on agricultural lands, whether or not done under public | 18 | | supervision or paid for wholly or in part out of public funds, | 19 | | done directly by an owner or person who has legal control of | 20 | | those lands.
| 21 | | "Construction" means all work on public works involving | 22 | | laborers,
workers or mechanics. This includes any maintenance, | 23 | | repair, assembly, or disassembly work performed on equipment | 24 | | whether owned, leased, or rented.
| 25 | | "Locality" means the county where the physical work upon | 26 | | public works
is performed, except (1) that if there is not |
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| 1 | | available in the county a
sufficient number of competent | 2 | | skilled laborers, workers and mechanics
to construct the public | 3 | | works efficiently and properly, "locality"
includes any other | 4 | | county nearest the one in which the work or
construction is to | 5 | | be performed and from which such persons may be
obtained in | 6 | | sufficient numbers to perform the work and (2) that, with
| 7 | | respect to contracts for highway work with the Department of
| 8 | | Transportation of this State, "locality" may at the discretion | 9 | | of the
Secretary of the Department of Transportation be | 10 | | construed to include
two or more adjacent counties from which | 11 | | workers may be accessible for
work on such construction.
| 12 | | "Public body" means the State or any officer, board or | 13 | | commission of
the State or any political subdivision or | 14 | | department thereof, or any
institution supported in whole or in | 15 | | part by public funds,
and includes every county, city, town,
| 16 | | village, township, school district, irrigation, utility, | 17 | | reclamation
improvement or other district and every other | 18 | | political subdivision,
district or municipality of the state | 19 | | whether such political
subdivision, municipality or district | 20 | | operates under a special charter
or not.
| 21 | | "Labor organization" means an organization that is the | 22 | | exclusive representative of an
employer's employees recognized | 23 | | or certified pursuant to the National Labor Relations Act. | 24 | | The terms "general prevailing rate of hourly wages", | 25 | | "general
prevailing rate of wages" or "prevailing rate of | 26 | | wages" when used in
this Act mean the hourly cash wages plus |
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| 1 | | annualized fringe benefits for training and
apprenticeship | 2 | | programs approved by the U.S. Department of Labor, Bureau of
| 3 | | Apprenticeship and Training, health and welfare, insurance, | 4 | | vacations and
pensions paid generally, in the
locality in which | 5 | | the work is being performed, to employees engaged in
work of a | 6 | | similar character on public works.
| 7 | | (Source: P.A. 100-1177, eff. 6-1-19 .)
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