97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3094

 

Introduced 2/23/2011, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Amends the Prevailing Wage Act. Provides that the Act does not apply to projects with a total cost of $20,000 or less. Effective immediately.


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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,
3represented in the General Assembly:
 
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. Except for projects with a total cost of $20,000 or
8less, this This Act applies to the wages of laborers, mechanics
9and other workers employed in any public works, as hereinafter
10defined, by any public body and to anyone under contracts for
11public works. This includes any maintenance, repair, assembly,
12or disassembly work performed on equipment whether owned,
13leased, or rented.
14    As used in this Act, unless the context indicates
15otherwise:
16    "Public works" means all fixed works constructed or
17demolished by any public body, or paid for wholly or in part
18out of public funds. "Public works" as defined herein includes
19all projects financed in whole or in part with bonds, grants,
20loans, or other funds made available by or through the State or
21any of its political subdivisions, including but not limited
22to: bonds issued under the Industrial Project Revenue Bond Act
23(Article 11, Division 74 of the Illinois Municipal Code), the

 

 

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1Industrial Building Revenue Bond Act, the Illinois Finance
2Authority Act, the Illinois Sports Facilities Authority Act, or
3the Build Illinois Bond Act; loans or other funds made
4available pursuant to the Build Illinois Act; or funds from the
5Fund for Illinois' Future under Section 6z-47 of the State
6Finance Act, funds for school construction under Section 5 of
7the General Obligation Bond Act, funds authorized under Section
83 of the School Construction Bond Act, funds for school
9infrastructure under Section 6z-45 of the State Finance Act,
10and funds for transportation purposes under Section 4 of the
11General Obligation Bond Act. "Public works" also includes (i)
12all projects financed in whole or in part with funds from the
13Department of Commerce and Economic Opportunity under the
14Illinois Renewable Fuels Development Program Act for which
15there is no project labor agreement and (ii) all work performed
16pursuant to a public private agreement under the Public Private
17Agreements for the Illiana Expressway Act. "Public works" also
18includes all projects at leased facility property used for
19airport purposes under Section 35 of the Local Government
20Facility Lease Act. "Public works" also includes the
21construction of a new wind power facility by a business
22designated as a High Impact Business under Section 5.5(a)(3)(E)
23of the Illinois Enterprise Zone Act. "Public works" does not
24include work done directly by any public utility company,
25whether or not done under public supervision or direction, or
26paid for wholly or in part out of public funds. "Public works"

 

 

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

 

 

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1political subdivision, district or municipality of the state
2whether such political subdivision, municipality or district
3operates under a special charter or not.
4    The terms "general prevailing rate of hourly wages",
5"general prevailing rate of wages" or "prevailing rate of
6wages" when used in this Act mean the hourly cash wages plus
7fringe benefits for training and apprenticeship programs
8approved by the U.S. Department of Labor, Bureau of
9Apprenticeship and Training, health and welfare, insurance,
10vacations and pensions paid generally, in the locality in which
11the work is being performed, to employees engaged in work of a
12similar character on public works.
13(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
14eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
15eff. 7-2-10.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.