Rep. Daniel V. Beiser

Filed: 4/8/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1041

2    AMENDMENT NO. ______. Amend House Bill 1041 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; or funds from the
11Fund for Illinois' Future under Section 6z-47 of the State
12Finance Act, funds for school construction under Section 5 of
13the General Obligation Bond Act, funds authorized under Section
143 of the School Construction Bond Act, funds for school
15infrastructure under Section 6z-45 of the State Finance Act,
16and funds for transportation purposes under Section 4 of the
17General Obligation Bond Act. "Public works" also includes (i)
18all projects financed in whole or in part with funds from the
19Department of Commerce and Economic Opportunity under the
20Illinois Renewable Fuels Development Program Act for which
21there is no project labor agreement and (ii) all work performed
22pursuant to a public private agreement under the Public Private
23Agreements for the Illiana Expressway Act. "Public works" also
24includes all projects at leased facility property used for
25airport purposes under Section 35 of the Local Government
26Facility Lease Act. "Public works" also includes the

 

 

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1construction of a new wind power facility by a business
2designated as a High Impact Business under Section 5.5(a)(3)(E)
3of the Illinois Enterprise Zone Act. "Public works" does not
4include work done directly by any public utility company,
5whether or not done under public supervision or direction, or
6paid for wholly or in part out of public funds. "Public works"
7does not include projects undertaken by the owner at an
8owner-occupied single-family residence or at an owner-occupied
9unit of a multi-family residence.
10    "Construction" means all work on public works involving
11laborers, workers or mechanics. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14    "Locality" means the county where the physical work upon
15public works is performed, except (1) that if there is not
16available in the county a sufficient number of competent
17skilled laborers, workers and mechanics to construct the public
18works efficiently and properly, "locality" includes any other
19county nearest the one in which the work or construction is to
20be performed and from which such persons may be obtained in
21sufficient numbers to perform the work and (2) that, with
22respect to contracts for highway work with the Department of
23Transportation of this State, "locality" may at the discretion
24of the Secretary of the Department of Transportation be
25construed to include two or more adjacent counties from which
26workers may be accessible for work on such construction.

 

 

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1    "Public body" means the State or any officer, board or
2commission of the State or any political subdivision or
3department thereof, or any institution supported in whole or in
4part by public funds, and includes every county, city, town,
5village, township, school district, irrigation, utility,
6reclamation improvement or other district and every other
7political subdivision, district or municipality of the state
8whether such political subdivision, municipality or district
9operates under a special charter or not.
10    The terms "general prevailing rate of hourly wages",
11"general prevailing rate of wages" or "prevailing rate of
12wages" when used in this Act mean the hourly cash wages plus
13fringe benefits for training and apprenticeship programs
14approved by the U.S. Department of Labor, Bureau of
15Apprenticeship and Training, health and welfare, insurance,
16vacations and pensions paid generally, in the locality in which
17the work is being performed, to employees engaged in work of a
18similar character on public works.
19    "Federal construction projects" means public works
20contracted for directly by the federal government.
21(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
22eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
23eff. 7-2-10.)".