Illinois General Assembly - Full Text of SB1747
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Full Text of SB1747  102nd General Assembly


Sen. Melinda Bush

Filed: 4/16/2021





10200SB1747sam003LRB102 12964 HLH 25414 a


2    AMENDMENT NO. ______. Amend Senate Bill 1747, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, on page 6, immediately below line 12, by inserting the
6    "(e) Green energy enterprise projects receiving incentives
7under this Act shall comply with the requirements of the
8Prevailing Wage Act."; and
9on page 109, immediately below line 18, by inserting the
11    "Section 10-40. The Prevailing Wage Act is amended by
12changing Section 2 as follows:
13    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
14    Sec. 2. This Act applies to the wages of laborers,



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1mechanics and other workers employed in any public works, as
2hereinafter defined, by any public body and to anyone under
3contracts for public works. This includes any maintenance,
4repair, assembly, or disassembly work performed on equipment
5whether owned, leased, or rented.
6    As used in this Act, unless the context indicates
8    "Public works" means all fixed works constructed or
9demolished by any public body, or paid for wholly or in part
10out of public funds. "Public works" as defined herein includes
11all projects financed in whole or in part with bonds, grants,
12loans, or other funds made available by or through the State or
13any of its political subdivisions, including but not limited
14to: bonds issued under the Industrial Project Revenue Bond Act
15(Article 11, Division 74 of the Illinois Municipal Code), the
16Industrial Building Revenue Bond Act, the Illinois Finance
17Authority Act, the Illinois Sports Facilities Authority Act,
18or the Build Illinois Bond Act; loans or other funds made
19available pursuant to the Build Illinois Act; loans or other
20funds made available pursuant to the Riverfront Development
21Fund under Section 10-15 of the River Edge Redevelopment Zone
22Act; or funds from the Fund for Illinois' Future under Section
236z-47 of the State Finance Act, funds for school construction
24under Section 5 of the General Obligation Bond Act, funds
25authorized under Section 3 of the School Construction Bond
26Act, funds for school infrastructure under Section 6z-45 of



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1the State Finance Act, and funds for transportation purposes
2under Section 4 of the General Obligation Bond Act. "Public
3works" also includes (i) all projects financed in whole or in
4part with funds from the Department of Commerce and Economic
5Opportunity under the Illinois Renewable Fuels Development
6Program Act for which there is no project labor agreement;
7(ii) all work performed pursuant to a public private agreement
8under the Public Private Agreements for the Illiana Expressway
9Act or the Public-Private Agreements for the South Suburban
10Airport Act; and (iii) all projects undertaken under a
11public-private agreement under the Public-Private Partnerships
12for Transportation Act. "Public works" also includes all
13projects at leased facility property used for airport purposes
14under Section 35 of the Local Government Facility Lease Act.
15"Public works" also includes the construction of a new wind
16power facility by a business designated as a High Impact
17Business under Section 5.5(a)(3)(E) of the Illinois Enterprise
18Zone Act. "Public works" also includes projects qualifying for
19incentives under the Illinois Energy Transition 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" does not include work
4performed for soil and water conservation purposes on
5agricultural lands, whether or not done under public
6supervision or paid for wholly or in part out of public funds,
7done directly by an owner or person who has legal control of
8those lands.
9    "Construction" means all work on public works involving
10laborers, workers or mechanics. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    "Locality" means the county where the physical work upon
14public works is performed, except (1) that if there is not
15available in the county a sufficient number of competent
16skilled laborers, workers and mechanics to construct the
17public works efficiently and properly, "locality" includes any
18other county nearest the one in which the work or construction
19is to be performed and from which such persons may be obtained
20in sufficient numbers to perform the work and (2) that, with
21respect to contracts for highway work with the Department of
22Transportation of this State, "locality" may at the discretion
23of the Secretary of the Department of Transportation be
24construed to include two or more adjacent counties from which
25workers may be accessible for work on such construction.
26    "Public body" means the State or any officer, board or



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