HB3472 97TH GENERAL ASSEMBLY

LRB097 10795 AEK 51236 b

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".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Economic Development Area Tax Increment Allocation Act is amended by adding Section 6.5 as follows:

(20 ILCS 620/6.5 new)

Sec. 6.5. Information sent to State Comptroller. Upon the request or approval of an economic development area (TIF), the public body shall send all applicable information to the State Comptroller's Office. A notice of request or approval of 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.

Section 10. The Illinois Enterprise Zone Act is amended by adding Section 5.4.2 as follows:

(20 ILCS 655/5.4.2 new)

Sec. 5.4.2. Information sent to State Comptroller. Upon the request or approval of an enterprise zone, the public body shall send all applicable information to the State Comptroller's Office. A notice of request or approval of an enterprise zone shall be posted on the website of the State Comptroller's Office within 5 business days of the receipt of approval.

Section 15. The Prevailing Wage Act is amended by changing Section 2 as follows:

(820 ILCS 130/2) (from Ch. 48, par. 39s-2)

Sec. 2. Applicability; definitions. This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

As used in this Act, unless the context indicates otherwise:

"Public works" means all fixed works constructed or demolished by any public body, or paid for wholly or in part out of public funds. "Public works" as defined herein includes all projects financed in whole or in part with bonds, grants, loans, or other funds made available by or through the State or any of its political subdivisions, including but not limited to: bonds issued under the Industrial Project Revenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the Industrial Building Revenue Bond Act, the Illinois Finance Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act; loans or other funds made available pursuant to the Build Illinois Act; or funds from the Fund for Illinois' Future under Section 6z-47 of the State Finance Act, funds for school construction under Section 5 of the General Obligation Bond Act, funds authorized under Section 3 of the School Construction Bond Act, funds for school infrastructure under Section 6z-45 of the State Finance Act, and funds for transportation purposes under Section 4 of the General Obligation Bond Act. "Public works" also includes (i) all projects financed in whole or in part with funds from the Department of Commerce and Economic Opportunity under the Illinois Renewable Fuels Development Program Act for which there is no project labor agreement and (ii) all work performed pursuant to a public private agreement under the Public Private Agreements for the Illiana Expressway Act. "Public works" also includes all projects at leased facility property used for airport purposes under Section 35 of the Local Government Facility Lease Act. "Public works" also includes the construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act. "Public works" does not include work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" does not include projects undertaken by the owner at an owner-occupied single-family residence or at an owner-occupied unit of a multi-family residence. "Public works" also includes all projects when the following 2 elements are met:

(1) the project is located in an enterprise zone as defined in the Illinois Enterprise Zone Act, excluding projects performed by a business enterprise located in an enterprise zone where that business enterprise existed prior to the adoption of an initiating ordinance pursuant to subsection (a) of Section 5 of the Illinois Enterprise Zone Act, or projects located in an economic development project area as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, excluding projects performed by a business enterprise located in an economic development project area where that business enterprise existed prior to a municipality initiating an economic development plan as defined in the Economic Development Project Area Tax Increment Allocation Act of 1995, and

(2) the business enterprise derives a direct financial benefit from loans, grants, subsidies, incentives, tax credits, including but not limited to enterprise zone investment tax credits, EZ Manufacturing Machinery and Equipment (M, M & E) Sales Tax Exemptions, Utility Tax Exemptions, jobs tax credits, enterprise zone property tax abatement incentives, Cook county assessment reduction incentives, tax abatement incentives under Section 18-165 of the Property Tax Code, or other direct financial benefit made available pursuant to the Illinois Enterprise Zone Act or the Economic Development Project Area.

Provided however, "public works" shall not include projects, including remodeling, altering, improving, or repairing, at an owner-occupied single family residence, single-family tract housing, or an owner-occupied multi-family residence located in an enterprise zone or an economic development project area. Notwithstanding the foregoing, "public works" shall not include the operation and maintenance of a facility where the work is self-performed by the owner. Any documentary materials or data relating to the Illinois Enterprise Zone Act or Economic Development Project Area Tax Increment Allocation Act of 1995, received by any agent or employee of the Department of Labor during an investigation shall be deemed to be confidential and shall not be deemed public records to the extent that such materials or data consist of financial information regarding the operation of any business.

"Construction" means all work on public works involving laborers, workers or mechanics. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

"Locality" means the county where the physical work upon public works is performed, except (1) that if there is not available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction.

"Public body" means the State or any officer, board or commission of the State or any political subdivision or department thereof, or any institution supported in whole or in part by public funds, and includes every county, city, town, village, township, school district, irrigation, utility, reclamation improvement or other district and every other political subdivision, district or municipality of the state whether such political subdivision, municipality or district operates under a special charter or not.

The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works.

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