97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2551

 

Introduced 1/11/2012, by Sen. Ron Sandack

 

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

    Amends the Prevailing Wage Act. Provides that "public works" does not include projects undertaken by a private business pursuant to a sales tax rebate agreement that are (i) privately funded, (ii) privately financed, (iii) located on property that is not publicly owned or operated, and (iv) carried out by a private business that is not performing a public function. Defines "sales tax rebate agreement" as an agreement entered into between a private business and a unit of local government to rebate a portion of the State Retailers' Occupation Tax. Effective immediately.


LRB097 13469 AEK 57988 b

 

 

A BILL FOR

 

SB2551LRB097 13469 AEK 57988 b

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. 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
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance

 

 

SB2551- 2 -LRB097 13469 AEK 57988 b

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

 

 

SB2551- 3 -LRB097 13469 AEK 57988 b

1paid for wholly or in part out of public funds. "Public works"
2does not include projects undertaken by the owner at an
3owner-occupied single-family residence or at an owner-occupied
4unit of a multi-family residence. "Public works" does not
5include projects undertaken by a private business pursuant to a
6sales tax rebate agreement that are (i) privately funded, (ii)
7privately financed, (iii) located on property that is not
8publicly owned or operated, and (iv) carried out by a private
9business that is not performing a public function. For the
10purposes of this Section, "sales tax rebate agreement" shall
11mean an agreement entered into between a private business and a
12unit of local government to rebate a portion of the State
13Retailers' Occupation Tax.
14    "Construction" means all work on public works involving
15laborers, workers or mechanics. This includes any maintenance,
16repair, assembly, or disassembly work performed on equipment
17whether owned, leased, or rented.
18    "Locality" means the county where the physical work upon
19public works is performed, except (1) that if there is not
20available in the county a sufficient number of competent
21skilled laborers, workers and mechanics to construct the public
22works efficiently and properly, "locality" includes any other
23county nearest the one in which the work or construction is to
24be performed and from which such persons may be obtained in
25sufficient numbers to perform the work and (2) that, with
26respect to contracts for highway work with the Department of

 

 

SB2551- 4 -LRB097 13469 AEK 57988 b

1Transportation of this State, "locality" may at the discretion
2of the Secretary of the Department of Transportation be
3construed to include two or more adjacent counties from which
4workers may be accessible for work on such construction.
5    "Public body" means the State or any officer, board or
6commission of the State or any political subdivision or
7department thereof, or any institution supported in whole or in
8part by public funds, and includes every county, city, town,
9village, township, school district, irrigation, utility,
10reclamation improvement or other district and every other
11political subdivision, district or municipality of the state
12whether such political subdivision, municipality or district
13operates under a special charter or not.
14    The terms "general prevailing rate of hourly wages",
15"general prevailing rate of wages" or "prevailing rate of
16wages" when used in this Act mean the hourly cash wages plus
17fringe benefits for training and apprenticeship programs
18approved by the U.S. Department of Labor, Bureau of
19Apprenticeship and Training, health and welfare, insurance,
20vacations and pensions paid generally, in the locality in which
21the work is being performed, to employees engaged in work of a
22similar character on public works.
23(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
24eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
25eff. 8-23-11.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

SB2551- 5 -LRB097 13469 AEK 57988 b

1becoming law.