Rep. Jay Hoffman

Filed: 3/6/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 813

2    AMENDMENT NO. ______. Amend House Bill 813 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Prevailing Wage Act is amended by changing
5Section 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,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
14otherwise:
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part

 

 

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1out of public funds. "Public works" as defined herein includes
2all projects financed in whole or in part with bonds, grants,
3loans, or other funds made available by or through the State or
4any of its political subdivisions, including but not limited
5to: bonds issued under the Industrial Project Revenue Bond Act
6(Article 11, Division 74 of the Illinois Municipal Code), the
7Industrial Building Revenue Bond Act, the Illinois Finance
8Authority Act, the Illinois Sports Facilities Authority Act, or
9the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; loans or other
11funds made available pursuant to the Riverfront Development
12Fund under Section 10-15 of the River Edge Redevelopment Zone
13Act; or funds from the Fund for Illinois' Future under Section
146z-47 of the State Finance Act, funds for school construction
15under Section 5 of the General Obligation Bond Act, funds
16authorized under Section 3 of the School Construction Bond Act,
17funds for school infrastructure under Section 6z-45 of the
18State Finance Act, and funds for transportation purposes under
19Section 4 of the General Obligation Bond Act. "Public works"
20also includes (i) all projects financed in whole or in part
21with funds from the Department of Commerce and Economic
22Opportunity under the Illinois Renewable Fuels Development
23Program Act for which there is no project labor agreement; (ii)
24all work performed pursuant to a public private agreement under
25the Public Private Agreements for the Illiana Expressway Act or
26the Public-Private Agreements for the South Suburban Airport

 

 

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1Act; and (iii) all projects undertaken under a public-private
2agreement under the Public-Private Partnerships for
3Transportation Act; and (iv) all projects financed in whole or
4in part with revenues received under the Tax Increment
5Allocation Redevelopment Act, the County Economic Development
6Project Area Property Tax Allocation Act, or the County
7Economic Development Project Area Tax Increment Allocation Act
8of 1991. "Public works" also includes all projects at leased
9facility property used for airport purposes under Section 35 of
10the Local Government Facility Lease Act. "Public works" also
11includes the construction of a new wind power facility by a
12business designated as a High Impact Business under Section
135.5(a)(3)(E) of the Illinois Enterprise Zone Act. "Public
14works" does not include work done directly by any public
15utility company, whether or not done under public supervision
16or direction, or paid for wholly or in part out of public
17funds. "Public works" also includes any corrective action
18performed pursuant to Title XVI of the Environmental Protection
19Act for which payment from the Underground Storage Tank Fund is
20requested. "Public works" does not include projects undertaken
21by the owner at an owner-occupied single-family residence or at
22an owner-occupied unit of a multi-family residence. "Public
23works" does not include work performed for soil and water
24conservation purposes on agricultural lands, whether or not
25done under public supervision or paid for wholly or in part out
26of public funds, done directly by an owner or person who has

 

 

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1legal control of those lands.
2    "Construction" means all work on public works involving
3laborers, workers or mechanics. This includes any maintenance,
4repair, assembly, or disassembly work performed on equipment
5whether owned, leased, or rented.
6    "Locality" means the county where the physical work upon
7public works is performed, except (1) that if there is not
8available in the county a sufficient number of competent
9skilled laborers, workers and mechanics to construct the public
10works efficiently and properly, "locality" includes any other
11county nearest the one in which the work or construction is to
12be performed and from which such persons may be obtained in
13sufficient numbers to perform the work and (2) that, with
14respect to contracts for highway work with the Department of
15Transportation of this State, "locality" may at the discretion
16of the Secretary of the Department of Transportation be
17construed to include two or more adjacent counties from which
18workers may be accessible for work on such construction.
19    "Public body" means the State or any officer, board or
20commission of the State or any political subdivision or
21department thereof, or any institution supported in whole or in
22part by public funds, and includes every county, city, town,
23village, township, school district, irrigation, utility,
24reclamation improvement or other district and every other
25political subdivision, district or municipality of the state
26whether such political subdivision, municipality or district

 

 

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1operates under a special charter or not.
2    The terms "general prevailing rate of hourly wages",
3"general prevailing rate of wages" or "prevailing rate of
4wages" when used in this Act mean the hourly cash wages plus
5annualized fringe benefits for training and apprenticeship
6programs approved by the U.S. Department of Labor, Bureau of
7Apprenticeship and Training, health and welfare, insurance,
8vacations and pensions paid generally, in the locality in which
9the work is being performed, to employees engaged in work of a
10similar character on public works.
11(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
1298-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
137-16-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".