093_HB3399ham002











                                     LRB093 07653 WGH 13560 a

 1                    AMENDMENT TO HOUSE BILL 3399

 2        AMENDMENT NO.     .  Amend House Bill 3399,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section  5.  The  Prevailing  Wage  Act  is  amended  by
 6    changing Section 2 as follows:

 7        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
 8        Sec. 2.  This Act  applies  to  the  wages  of  laborers,
 9    mechanics  and other workers employed in any public works, as
10    hereinafter defined, by any public body and to  anyone  under
11    contracts for public works.
12        As  used  in  this  Act,  unless  the  context  indicates
13    otherwise:
14        "Public  works"  means  all  fixed  works constructed for
15    public use by any public body, other than work done  directly
16    by  any  public  utility  company,  whether or not done under
17    public supervision or direction, or paid  for  wholly  or  in
18    part  out  of public funds.  "Public works" as defined herein
19    includes all projects financed in whole or in part with bonds
20    issued under the Industrial Project Revenue Bond Act (Article
21    11, Division 74 of the  Illinois  Municipal  Code),  the  Tax
22    Increment  Allocation Redevelopment Act (Article 11, Division
 
                            -2-      LRB093 07653 WGH 13560 a
 1    74.4 of the Illinois Municipal Code), the Industrial Building
 2    Revenue Bond Act, the Illinois Development Finance  Authority
 3    Act,  the  Illinois  Sports  Facilities Authority Act, or the
 4    Build Illinois Bond Act, and all projects financed  in  whole
 5    or  in part with loans or other funds made available pursuant
 6    to the Build Illinois Act or under  the  Illinois  Enterprise
 7    Zone  Loan  Act.  "Public  works"  also includes all projects
 8    financed in whole or in part with funds  from  the  Fund  for
 9    Illinois'  Future  under  Section  6z-47 of the State Finance
10    Act, funds for school construction under  Section  5  of  the
11    General Obligation Bond Act, funds authorized under Section 3
12    of  the  School  Construction  Bond  Act,  funds  for  school
13    infrastructure  under Section 6z-45 of the State Finance Act,
14    or funds for transportation purposes under Section 4  of  the
15    General Obligation Bond Act.
16        "Construction"  means  all work on public works involving
17    laborers, workers or mechanics.
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
23    any  other  county  nearest  the  one  in  which  the work or
24    construction is to be performed and from which  such  persons
25    may be obtained in sufficient numbers to perform the work and
26    (2) that, with respect to contracts for highway work with the
27    Department of Transportation of this State, "locality" may at
28    the   discretion  of  the  Secretary  of  the  Department  of
29    Transportation be construed to include two or  more  adjacent
30    counties  from  which  workers  may be accessible for work on
31    such construction.
32        "Public body" means the State or any  officer,  board  or
33    commission  of  the  State  or  any  political subdivision or
34    department thereof, or any institution supported in whole  or
 
                            -3-      LRB093 07653 WGH 13560 a
 1    in  part  by  public  funds,  authorized  by law to construct
 2    public  works  or  to  enter  into  any  contract   for   the
 3    construction  of  public  works,  and  includes every county,
 4    city, town, village, township, school  district,  irrigation,
 5    utility,  reclamation improvement or other district and every
 6    other political subdivision, district or municipality of  the
 7    state  whether  such  political  subdivision, municipality or
 8    district 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
16    which  the  work  is being performed, to employees engaged in
17    work of a similar character on public works.
18    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
19    92-16, eff. 6-28-01.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.".