Full Text of HB5069 102nd General Assembly
HB5069sam001 102ND GENERAL ASSEMBLY | Sen. Meg Loughran Cappel Filed: 1/5/2023
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| 1 | | AMENDMENT TO HOUSE BILL 5069
| 2 | | AMENDMENT NO. ______. Amend House Bill 5069 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Section 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, | 8 | | mechanics and
other workers employed in any public works, as | 9 | | hereinafter defined, by
any public body and to anyone under | 10 | | contracts for public works. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | As used in this Act, unless the context indicates | 14 | | otherwise:
| 15 | | "Public works" means all fixed works constructed or | 16 | | demolished by
any public body,
or paid for wholly or in part |
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| 1 | | out of public funds. "Public works" as
defined herein includes | 2 | | all projects financed in whole
or in part with bonds, grants, | 3 | | loans, or other funds made available by or through the State or | 4 | | any of its political subdivisions, including but not limited | 5 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 6 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 7 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 8 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 9 | | or the Build Illinois Bond Act; loans or other funds made
| 10 | | available pursuant to the Build Illinois Act; loans or other | 11 | | funds made available pursuant to the Riverfront Development | 12 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 13 | | Act; or funds from the Fund for
Illinois' Future under Section | 14 | | 6z-47 of the State Finance Act, funds for school
construction | 15 | | under Section 5 of the General Obligation Bond Act, funds
| 16 | | authorized under Section 3 of the School Construction Bond | 17 | | Act, funds for
school infrastructure under Section 6z-45 of | 18 | | the State Finance Act, and funds
for transportation purposes | 19 | | under Section 4 of the General Obligation Bond
Act. "Public | 20 | | works" also includes (i) all projects financed in whole or in | 21 | | part
with funds from the Environmental Protection Agency under | 22 | | the Illinois Renewable Fuels Development Program
Act for which | 23 | | there is no project labor agreement; (ii) all work performed | 24 | | pursuant to a public private agreement under the Public | 25 | | Private Agreements for the Illiana Expressway Act or the | 26 | | Public-Private Agreements for the South Suburban Airport Act; |
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| 1 | | (iii) all projects undertaken under a public-private agreement | 2 | | under the Public-Private Partnerships for Transportation Act; | 3 | | and (iv) all transportation facilities undertaken under a | 4 | | design-build contract or a Construction Manager/General | 5 | | Contractor contract under the Innovations for Transportation | 6 | | Infrastructure Act. "Public works" also includes all projects | 7 | | at leased facility property used for airport purposes under | 8 | | Section 35 of the Local Government Facility Lease Act. "Public | 9 | | works" also includes the construction of a new wind power | 10 | | facility by a business designated as a High Impact Business | 11 | | under Section 5.5(a)(3)(E) and the construction of a new | 12 | | utility-scale solar power facility by a business designated as | 13 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the | 14 | | Illinois Enterprise Zone Act.
"Public works" also includes | 15 | | electric vehicle charging station projects financed pursuant | 16 | | to the Electric Vehicle Act and renewable energy projects | 17 | | required to pay the prevailing wage pursuant to the Illinois | 18 | | Power Agency Act. "Public works" does not include work done | 19 | | directly by any public utility company, whether or not done | 20 | | under public supervision or direction, or paid for wholly or | 21 | | in part out of public funds. "Public works" also includes | 22 | | construction projects performed by a third party contracted by | 23 | | any public utility, as described in subsection (a) of Section | 24 | | 2.1, in public rights-of-way, as defined in Section 21-201 of | 25 | | the Public Utilities Act, whether or not done under public | 26 | | supervision or direction, or paid for wholly or in part out of |
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| 1 | | public funds. "Public works" also includes construction | 2 | | projects that exceed 15 aggregate miles of new fiber optic | 3 | | cable, performed by a third party contracted by any public | 4 | | utility, as described in subsection (b) of Section 2.1, in | 5 | | public rights-of-way, as defined in Section 21-201 of the | 6 | | Public Utilities Act, whether or not done under public | 7 | | supervision or direction, or paid for wholly or in part out of | 8 | | public funds. "Public works" also includes any corrective | 9 | | action performed pursuant to Title XVI of the Environmental | 10 | | Protection Act for which payment from the Underground Storage | 11 | | Tank Fund is requested. "Public works" also includes | 12 | | installation, repair, wiring, and maintenance services to | 13 | | Illinois lottery machines and equipment pursuant to a contract | 14 | | between the Department of the Lottery and a contractor. | 15 | | "Public works" does not include projects undertaken by the | 16 | | owner at an owner-occupied single-family residence or at an | 17 | | owner-occupied unit of a multi-family residence. "Public | 18 | | works" does not include work performed for soil and water | 19 | | conservation purposes on agricultural lands, whether or not | 20 | | done under public supervision or paid for wholly or in part out | 21 | | of public funds, done directly by an owner or person who has | 22 | | legal control of those lands.
| 23 | | "Construction" means all work on public works involving | 24 | | laborers,
workers or mechanics. This includes any maintenance, | 25 | | repair, assembly, or disassembly work performed on equipment | 26 | | whether owned, leased, or rented.
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| 1 | | "Locality" means the county where the physical work upon | 2 | | public works
is performed, except (1) that if there is not | 3 | | available in the county a
sufficient number of competent | 4 | | skilled laborers, workers and mechanics
to construct the | 5 | | public works efficiently and properly, "locality"
includes any | 6 | | other county nearest the one in which the work or
construction | 7 | | is to be performed and from which such persons may be
obtained | 8 | | in sufficient numbers to perform the work and (2) that, with
| 9 | | respect to contracts for highway work with the Department of
| 10 | | Transportation of this State, "locality" may at the discretion | 11 | | of the
Secretary of the Department of Transportation be | 12 | | construed to include
two or more adjacent counties from which | 13 | | workers may be accessible for
work on such construction.
| 14 | | "Public body" means the State or any officer, board or | 15 | | commission of
the State or any political subdivision or | 16 | | department thereof, or any
institution supported in whole or | 17 | | in part by public funds,
and includes every county, city, | 18 | | town,
village, township, school district, irrigation, utility, | 19 | | reclamation
improvement or other district and every other | 20 | | political subdivision,
district or municipality of the state | 21 | | whether such political
subdivision, municipality or district | 22 | | operates under a special charter
or not.
| 23 | | "Labor organization" means an organization that is the | 24 | | exclusive representative of an
employer's employees recognized | 25 | | or certified pursuant to the National Labor Relations Act. | 26 | | The terms "general prevailing rate of hourly wages", |
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| 1 | | "general
prevailing rate of wages" or "prevailing rate of | 2 | | wages" when used in
this Act mean the hourly cash wages plus | 3 | | annualized fringe benefits for training and
apprenticeship | 4 | | programs approved by the U.S. Department of Labor, Bureau of
| 5 | | Apprenticeship and Training, health and welfare, insurance, | 6 | | vacations and
pensions paid generally, in the
locality in | 7 | | which the work is being performed, to employees engaged in
| 8 | | work of a similar character on public works.
| 9 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | 10 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | 11 | | 6-15-22.)
| 12 | | Section 99. Effective date. This Act takes effect January | 13 | | 1, 2024.".
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