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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4862 Introduced , by Rep. Marcus C. Evans, Jr. 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. Defines the term "federal construction project" as public works contracted for directly by the federal government.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4862 | | LRB101 18990 JLS 68449 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Prevailing Wage Act is amended by changing |
| 5 | | Section 2 as follows:
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| 6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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| 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.
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| 13 | | As used in this Act, unless the context indicates |
| 14 | | otherwise:
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| 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
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| 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
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| 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
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| 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. "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) of the Illinois Enterprise Zone Act.
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| 2 | | "Public works" does not include work done directly by any |
| 3 | | public utility company, whether or not done under public |
| 4 | | supervision or direction, or paid for wholly or in part out of |
| 5 | | public funds. "Public works" also includes any corrective |
| 6 | | action performed pursuant to Title XVI of the Environmental |
| 7 | | Protection Act for which payment from the Underground Storage |
| 8 | | Tank Fund is requested. "Public works" does not include |
| 9 | | projects undertaken by the owner at an owner-occupied |
| 10 | | single-family residence or at an owner-occupied unit of a |
| 11 | | multi-family residence. "Public works" does not include work |
| 12 | | performed for soil and water conservation purposes on |
| 13 | | agricultural lands, whether or not done under public |
| 14 | | supervision or paid for wholly or in part out of public funds, |
| 15 | | done directly by an owner or person who has legal control of |
| 16 | | those lands.
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| 17 | | "Construction" means all work on public works involving |
| 18 | | laborers,
workers or mechanics. This includes any maintenance, |
| 19 | | repair, assembly, or disassembly work performed on equipment |
| 20 | | whether owned, leased, or rented.
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| 21 | | "Locality" means the county where the physical work upon |
| 22 | | public works
is performed, except (1) that if there is not |
| 23 | | available in the county a
sufficient number of competent |
| 24 | | skilled laborers, workers and mechanics
to construct the public |
| 25 | | works efficiently and properly, "locality"
includes any other |
| 26 | | county nearest the one in which the work or
construction is to |
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| 1 | | be performed and from which such persons may be
obtained in |
| 2 | | sufficient numbers to perform the work and (2) that, with
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| 3 | | respect to contracts for highway work with the Department of
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| 4 | | Transportation of this State, "locality" may at the discretion |
| 5 | | of the
Secretary of the Department of Transportation be |
| 6 | | construed to include
two or more adjacent counties from which |
| 7 | | workers may be accessible for
work on such construction.
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| 8 | | "Public body" means the State or any officer, board or |
| 9 | | commission of
the State or any political subdivision or |
| 10 | | department thereof, or any
institution supported in whole or in |
| 11 | | part by public funds,
and includes every county, city, town,
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| 12 | | village, township, school district, irrigation, utility, |
| 13 | | reclamation
improvement or other district and every other |
| 14 | | political subdivision,
district or municipality of the state |
| 15 | | whether such political
subdivision, municipality or district |
| 16 | | operates under a special charter
or not.
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| 17 | | "Labor organization" means an organization that is the |
| 18 | | exclusive representative of an
employer's employees recognized |
| 19 | | or certified pursuant to the National Labor Relations Act. |
| 20 | | The terms "general prevailing rate of hourly wages", |
| 21 | | "general
prevailing rate of wages" or "prevailing rate of |
| 22 | | wages" when used in
this Act mean the hourly cash wages plus |
| 23 | | annualized fringe benefits for training and
apprenticeship |
| 24 | | programs approved by the U.S. Department of Labor, Bureau of
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| 25 | | Apprenticeship and Training, health and welfare, insurance, |
| 26 | | vacations and
pensions paid generally, in the
locality in which |