97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3472

 

Introduced 2/24/2011, by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 620/6.5 new
20 ILCS 655/5.4.2 new
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Amends the Economic Development Area Tax Increment Allocation Act and the Illinois Enterprise Zone Act. Provides that upon the request or approval of an enterprise zone or an economic development area (TIF), the public body shall send all applicable information to the State Comptroller's Office. Provides that a notice of request or approval of an enterprise zone or an economic development area (TIF) shall be posted on the website of the State Comptroller's Office within 5 business days of the receipt of approval. Amends the Prevailing Wage Act. Changes the definition of "public works".


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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 Economic Development Area Tax Increment
5Allocation Act is amended by adding Section 6.5 as follows:
 
6    (20 ILCS 620/6.5 new)
7    Sec. 6.5. Information sent to State Comptroller. Upon the
8request or approval of an economic development area (TIF), the
9public body shall send all applicable information to the State
10Comptroller's Office. A notice of request or approval of an
11economic development area (TIF) shall be posted on the website
12of the State Comptroller's Office within 5 business days of the
13receipt of approval.
 
14    Section 10. The Illinois Enterprise Zone Act is amended by
15adding Section 5.4.2 as follows:
 
16    (20 ILCS 655/5.4.2 new)
17    Sec. 5.4.2. Information sent to State Comptroller. Upon the
18request or approval of an enterprise zone, the public body
19shall send all applicable information to the State
20Comptroller's Office. A notice of request or approval of an
21enterprise zone shall be posted on the website of the State

 

 

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1Comptroller's Office within 5 business days of the receipt of
2approval.
 
3    Section 15. The Prevailing Wage Act is amended by changing
4Section 2 as follows:
 
5    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
6    Sec. 2. Applicability; definitions. This Act applies to the
7wages of laborers, mechanics and other workers employed in any
8public works, as hereinafter defined, by any public body and to
9anyone under contracts for public works. This includes any
10maintenance, repair, assembly, or disassembly work performed
11on equipment whether owned, leased, or rented.
12    As used in this Act, unless the context indicates
13otherwise:
14    "Public works" means all fixed works constructed or
15demolished by any public body, or paid for wholly or in part
16out of public funds. "Public works" as defined herein includes
17all projects financed in whole or in part with bonds, grants,
18loans, or other funds made available by or through the State or
19any of its political subdivisions, including but not limited
20to: bonds issued under the Industrial Project Revenue Bond Act
21(Article 11, Division 74 of the Illinois Municipal Code), the
22Industrial Building Revenue Bond Act, the Illinois Finance
23Authority Act, the Illinois Sports Facilities Authority Act, or
24the Build Illinois Bond Act; loans or other funds made

 

 

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1available pursuant to the Build Illinois Act; or funds from the
2Fund for Illinois' Future under Section 6z-47 of the State
3Finance Act, funds for school construction under Section 5 of
4the General Obligation Bond Act, funds authorized under Section
53 of the School Construction Bond Act, funds for school
6infrastructure under Section 6z-45 of the State Finance Act,
7and funds for transportation purposes under Section 4 of the
8General Obligation Bond Act. "Public works" also includes (i)
9all projects financed in whole or in part with funds from the
10Department of Commerce and Economic Opportunity under the
11Illinois Renewable Fuels Development Program Act for which
12there is no project labor agreement and (ii) all work performed
13pursuant to a public private agreement under the Public Private
14Agreements for the Illiana Expressway Act. "Public works" also
15includes all projects at leased facility property used for
16airport purposes under Section 35 of the Local Government
17Facility Lease Act. "Public works" also includes the
18construction of a new wind power facility by a business
19designated as a High Impact Business under Section 5.5(a)(3)(E)
20of the Illinois Enterprise Zone Act. "Public works" does not
21include work done directly by any public utility company,
22whether or not done under public supervision or direction, or
23paid for wholly or in part out of public funds. "Public works"
24does not include projects undertaken by the owner at an
25owner-occupied single-family residence or at an owner-occupied
26unit of a multi-family residence. "Public works" also includes

 

 

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1all projects when the following 2 elements are met:
2        (1) the project is located in an enterprise zone as
3    defined in the Illinois Enterprise Zone Act, excluding
4    projects performed by a business enterprise located in an
5    enterprise zone where that business enterprise existed
6    prior to the adoption of an initiating ordinance pursuant
7    to subsection (a) of Section 5 of the Illinois Enterprise
8    Zone Act, or projects located in an economic development
9    project area as defined in the Economic Development Project
10    Area Tax Increment Allocation Act of 1995, excluding
11    projects performed by a business enterprise located in an
12    economic development project area where that business
13    enterprise existed prior to a municipality initiating an
14    economic development plan as defined in the Economic
15    Development Project Area Tax Increment Allocation Act of
16    1995, and
17        (2) the business enterprise derives a direct financial
18    benefit from loans, grants, subsidies, incentives, tax
19    credits, including but not limited to enterprise zone
20    investment tax credits, EZ Manufacturing Machinery and
21    Equipment (M, M & E) Sales Tax Exemptions, Utility Tax
22    Exemptions, jobs tax credits, enterprise zone property tax
23    abatement incentives, Cook county assessment reduction
24    incentives, tax abatement incentives under Section 18-165
25    of the Property Tax Code, or other direct financial benefit
26    made available pursuant to the Illinois Enterprise Zone Act

 

 

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1    or the Economic Development Project Area.
2        Provided however, "public works" shall not include
3    projects, including remodeling, altering, improving, or
4    repairing, at an owner-occupied single family residence,
5    single-family tract housing, or an owner-occupied
6    multi-family residence located in an enterprise zone or an
7    economic development project area. Notwithstanding the
8    foregoing, "public works" shall not include the operation
9    and maintenance of a facility where the work is
10    self-performed by the owner. Any documentary materials or
11    data relating to the Illinois Enterprise Zone Act or
12    Economic Development Project Area Tax Increment Allocation
13    Act of 1995, received by any agent or employee of the
14    Department of Labor during an investigation shall be deemed
15    to be confidential and shall not be deemed public records
16    to the extent that such materials or data consist of
17    financial information regarding the operation of any
18    business.
19    "Construction" means all work on public works involving
20laborers, workers or mechanics. This includes any maintenance,
21repair, assembly, or disassembly work performed on equipment
22whether owned, leased, or rented.
23    "Locality" means the county where the physical work upon
24public works is performed, except (1) that if there is not
25available in the county a sufficient number of competent
26skilled laborers, workers and mechanics to construct the public

 

 

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1works efficiently and properly, "locality" includes any other
2county nearest the one in which the work or construction is to
3be performed and from which such persons may be obtained in
4sufficient numbers to perform the work and (2) that, with
5respect to contracts for highway work with the Department of
6Transportation of this State, "locality" may at the discretion
7of the Secretary of the Department of Transportation be
8construed to include two or more adjacent counties from which
9workers may be accessible for work on such construction.
10    "Public body" means the State or any officer, board or
11commission of the State or any political subdivision or
12department thereof, or any institution supported in whole or in
13part by public funds, and includes every county, city, town,
14village, township, school district, irrigation, utility,
15reclamation improvement or other district and every other
16political subdivision, district or municipality of the state
17whether such political subdivision, municipality or district
18operates under a special charter or not.
19    The terms "general prevailing rate of hourly wages",
20"general prevailing rate of wages" or "prevailing rate of
21wages" when used in this Act mean the hourly cash wages plus
22fringe benefits for training and apprenticeship programs
23approved by the U.S. Department of Labor, Bureau of
24Apprenticeship and Training, health and welfare, insurance,
25vacations and pensions paid generally, in the locality in which
26the work is being performed, to employees engaged in work of a

 

 

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1similar character on public works.
2(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
3eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
4eff. 7-2-10.)