Illinois General Assembly - Full Text of HB4277
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Full Text of HB4277  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/28/2020, by Rep. Jennifer Gong-Gershowitz


5 ILCS 140/7.5
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Amends the Prevailing Wage Act. Provides that "public works" includes all projects that are located in a redevelopment project area as defined in the Tax Increment Allocation Redevelopment Act or an economic development project area as defined in the County Economic Development Project Area Property Tax Allocation Act and entail a business enterprise receiving a direct financial benefit from loans, grants, subsidies, incentives, or other direct benefit made available pursuant to the Tax Increment Allocation Redevelopment Act or the County Economic Development Project Area Property Tax Allocation Act. Excludes other types of projects from inclusion under "public works". Makes corresponding changes in the Freedom of Information Act. Effective January 1, 2020.

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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 Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating



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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information



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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the Capital
15    Crimes Litigation Act. This subsection (n) shall apply
16    until the conclusion of the trial of the case, even if the
17    prosecution chooses not to pursue the death penalty prior
18    to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair



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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Records Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained in,
11    stored in, submitted to, transferred by, or released from
12    the Illinois Health Information Exchange, and identified
13    or deidentified health information in the form of health
14    data and medical records of the Illinois Health Information
15    Exchange in the possession of the Illinois Health
16    Information Exchange Authority due to its administration
17    of the Illinois Health Information Exchange. The terms
18    "identified" and "deidentified" shall be given the same
19    meaning as in the Health Insurance Portability and
20    Accountability Act of 1996, Public Law 104-191, or any
21    subsequent amendments thereto, and any regulations
22    promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied



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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services



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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day and
26    temporary labor service agencies but are exempt from



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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) (ll) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) (ll) Information that is exempt from disclosure
11    under Section 70 of the Higher Education Student Assistance
12    Act.
13        (oo) Information the disclosure of which is restricted
14    and exempted under Section 2 of the Prevailing Wage Act.
15(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
16eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1799-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
18100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
198-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
20eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
21100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
23    Section 10. The Prevailing Wage Act is amended by changing
24Section 2 as follows:



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1    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
2    Sec. 2. This Act applies to the wages of laborers,
3mechanics and other workers employed in any public works, as
4hereinafter defined, by any public body and to anyone under
5contracts for public works. This includes any maintenance,
6repair, assembly, or disassembly work performed on equipment
7whether owned, leased, or rented.
8    As used in this Act, unless the context indicates
10    "Public works" means all fixed works constructed or
11demolished by any public body, or paid for wholly or in part
12out of public funds. "Public works" as defined herein includes
13all projects financed in whole or in part with bonds, grants,
14loans, or other funds made available by or through the State or
15any of its political subdivisions, including but not limited
16to: bonds issued under the Industrial Project Revenue Bond Act
17(Article 11, Division 74 of the Illinois Municipal Code), the
18Industrial Building Revenue Bond Act, the Illinois Finance
19Authority Act, the Illinois Sports Facilities Authority Act, or
20the Build Illinois Bond Act; loans or other funds made
21available pursuant to the Build Illinois Act; loans or other
22funds made available pursuant to the Riverfront Development
23Fund under Section 10-15 of the River Edge Redevelopment Zone
24Act; or funds from the Fund for Illinois' Future under Section
256z-47 of the State Finance Act, funds for school construction
26under Section 5 of the General Obligation Bond Act, funds



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



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1projects undertaken by the owner at an owner-occupied
2single-family residence or at an owner-occupied unit of a
3multi-family residence. "Public works" also includes all
4projects in which the following 2 elements are met: (1) the
5project is located in a redevelopment project area as defined
6in the Tax Increment Allocation Redevelopment Act or an
7economic development project area as defined in the County
8Economic Development Project Area Property Tax Allocation Act;
9and (2) a business enterprise receives a direct financial
10benefit from loans, grants, subsidies, incentives, or other
11direct benefit made available pursuant to the Tax Increment
12Allocation Redevelopment Act or the County Economic
13Development Project Area Property Tax Allocation Act. "Public
14works" does not include work performed for soil and water
15conservation purposes on agricultural lands, whether or not
16done under public supervision or paid for wholly or in part out
17of public funds, done directly by an owner or person who has
18legal control of those lands. "Public works" also does not
19include projects, including remodeling, altering, improving,
20or repairing, at an owner-occupied single family residence,
21single-family tract housing, or an owner-occupied multi-family
22residence located in an a redevelopment project area or an
23economic development project area. Notwithstanding the
24foregoing, "public works" does not include the operation and
25maintenance of a facility where the work is self-performed by
26the owner. Any documentary materials or data relating to the



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1Tax Increment Allocation Redevelopment Act or the County
2Economic Development Project Area Property Tax Allocation Act
3received by any agent or employee of the Department of Labor
4during an investigation shall be deemed to be confidential and
5shall not be deemed public records to the extent that such
6materials or data consist of financial information regarding
7the operation of any business.
8    "Construction" means all work on public works involving
9laborers, workers or mechanics. This includes any maintenance,
10repair, assembly, or disassembly work performed on equipment
11whether owned, leased, or rented.
12    "Locality" means the county where the physical work upon
13public works is performed, except (1) that if there is not
14available in the county a sufficient number of competent
15skilled laborers, workers and mechanics to construct the public
16works efficiently and properly, "locality" includes any other
17county nearest the one in which the work or construction is to
18be performed and from which such persons may be obtained in
19sufficient numbers to perform the work and (2) that, with
20respect to contracts for highway work with the Department of
21Transportation of this State, "locality" may at the discretion
22of the Secretary of the Department of Transportation be
23construed to include two or more adjacent counties from which
24workers may be accessible for work on such construction.
25    "Public body" means the State or any officer, board or
26commission of the State or any political subdivision or



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1department thereof, or any institution supported in whole or in
2part by public funds, and includes every county, city, town,
3village, township, school district, irrigation, utility,
4reclamation improvement or other district and every other
5political subdivision, district or municipality of the state
6whether such political subdivision, municipality or district
7operates under a special charter or not.
8    "Labor organization" means an organization that is the
9exclusive representative of an employer's employees recognized
10or certified pursuant to the National Labor Relations Act.
11    The terms "general prevailing rate of hourly wages",
12"general prevailing rate of wages" or "prevailing rate of
13wages" when used in this Act mean the hourly cash wages plus
14annualized fringe benefits for training and apprenticeship
15programs approved by the U.S. Department of Labor, Bureau of
16Apprenticeship and Training, health and welfare, insurance,
17vacations and pensions paid generally, in the locality in which
18the work is being performed, to employees engaged in work of a
19similar character on public works.
20(Source: P.A. 100-1177, eff. 6-1-19.)
21    Section 99. Effective date. This Act takes effect January
221, 2020.