Full Text of HB3792 103rd General Assembly
HB3792 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3792 Introduced 2/17/2023, by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: |
| 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Prevailing Wage Act. Provides that the definition of "public works" includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | out of public funds. "Public works" as
defined herein includes | 18 | | all projects financed in whole
or in part with bonds, grants, | 19 | | loans, or other funds made available by or through the State or | 20 | | any of its political subdivisions, including but not limited | 21 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 22 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 23 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 2 | | or the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; loans or other | 4 | | funds made available pursuant to the Riverfront Development | 5 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 6 | | Act; or funds from the Fund for
Illinois' Future under Section | 7 | | 6z-47 of the State Finance Act, funds for school
construction | 8 | | under Section 5 of the General Obligation Bond Act, funds
| 9 | | authorized under Section 3 of the School Construction Bond | 10 | | Act, funds for
school infrastructure under Section 6z-45 of | 11 | | the State Finance Act, and funds
for transportation purposes | 12 | | under Section 4 of the General Obligation Bond
Act. "Public | 13 | | works" also includes (i) all projects financed in whole or in | 14 | | part
with funds from the Environmental Protection Agency under | 15 | | the Illinois Renewable Fuels Development Program
Act for which | 16 | | there is no project labor agreement; (ii) all work performed | 17 | | pursuant to a public private agreement under the Public | 18 | | Private Agreements for the Illiana Expressway Act or the | 19 | | Public-Private Agreements for the South Suburban Airport Act; | 20 | | (iii) all projects undertaken under a public-private agreement | 21 | | under the Public-Private Partnerships for Transportation Act; | 22 | | and (iv) all transportation facilities undertaken under a | 23 | | design-build contract or a Construction Manager/General | 24 | | Contractor contract under the Innovations for Transportation | 25 | | Infrastructure Act. "Public works" also includes all projects | 26 | | at leased facility property used for airport purposes under |
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| 1 | | Section 35 of the Local Government Facility Lease Act. "Public | 2 | | works" also includes the construction of a new wind power | 3 | | facility by a business designated as a High Impact Business | 4 | | under Section 5.5(a)(3)(E) and the construction of a new | 5 | | utility-scale solar power facility by a business designated as | 6 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the | 7 | | Illinois Enterprise Zone Act.
"Public works" also includes | 8 | | electric vehicle charging station projects financed pursuant | 9 | | to the Electric Vehicle Act and renewable energy projects | 10 | | required to pay the prevailing wage pursuant to the Illinois | 11 | | Power Agency Act. "Public works" does not include work done | 12 | | directly by any public utility company, whether or not done | 13 | | under public supervision or direction, or paid for wholly or | 14 | | in part out of public funds. "Public works" also includes | 15 | | construction projects performed by a third party contracted by | 16 | | any public utility, as described in subsection (a) of Section | 17 | | 2.1, in public rights-of-way, as defined in Section 21-201 of | 18 | | the Public Utilities Act, whether or not done under public | 19 | | supervision or direction, or paid for wholly or in part out of | 20 | | public funds. "Public works" also includes construction | 21 | | projects that exceed 15 aggregate miles of new fiber optic | 22 | | cable, performed by a third party contracted by any public | 23 | | utility, as described in subsection (b) of Section 2.1, in | 24 | | public rights-of-way, as defined in Section 21-201 of the | 25 | | 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 any corrective | 2 | | action performed pursuant to Title XVI of the Environmental | 3 | | Protection Act for which payment from the Underground Storage | 4 | | Tank Fund is requested. "Public works" also includes all | 5 | | construction projects involving fixtures or permanent | 6 | | attachments affixed to light poles that are owned by a public | 7 | | body, including street light poles, traffic light poles, and | 8 | | other lighting fixtures, whether or not done under public | 9 | | supervision or direction, or paid for wholly or in part out of | 10 | | public funds. "Public works" does not include projects | 11 | | undertaken by the owner at an owner-occupied single-family | 12 | | residence or at an owner-occupied unit of a multi-family | 13 | | residence. "Public works" does not include work performed for | 14 | | soil and water conservation purposes on agricultural lands, | 15 | | whether or not done under public supervision or paid for | 16 | | wholly or in part out of public funds, done directly by an | 17 | | owner or person who has legal control of those lands.
| 18 | | "Construction" means all work on public works involving | 19 | | laborers,
workers or mechanics. This includes any maintenance, | 20 | | repair, assembly, or disassembly work performed on equipment | 21 | | whether owned, leased, or rented.
| 22 | | "Locality" means the county where the physical work upon | 23 | | public works
is performed, except (1) that if there is not | 24 | | available in the county a
sufficient number of competent | 25 | | skilled laborers, workers and mechanics
to construct the | 26 | | public works efficiently and properly, "locality"
includes any |
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| 1 | | other county nearest the one in which the work or
construction | 2 | | is to be performed and from which such persons may be
obtained | 3 | | in sufficient numbers to perform the work and (2) that, with
| 4 | | respect to contracts for highway work with the Department of
| 5 | | Transportation of this State, "locality" may at the discretion | 6 | | of the
Secretary of the Department of Transportation be | 7 | | construed to include
two or more adjacent counties from which | 8 | | workers may be accessible for
work on such construction.
| 9 | | "Public body" means the State or any officer, board or | 10 | | commission of
the State or any political subdivision or | 11 | | department thereof, or any
institution supported in whole or | 12 | | in part by public funds,
and includes every county, city, | 13 | | town,
village, township, school district, irrigation, utility, | 14 | | reclamation
improvement or other district and every other | 15 | | political subdivision,
district or municipality of the state | 16 | | whether such political
subdivision, municipality or district | 17 | | operates under a special charter
or not.
| 18 | | "Labor organization" means an organization that is the | 19 | | exclusive representative of an
employer's employees recognized | 20 | | or certified pursuant to the National Labor Relations Act. | 21 | | The terms "general prevailing rate of hourly wages", | 22 | | "general
prevailing rate of wages" or "prevailing rate of | 23 | | wages" when used in
this Act mean the hourly cash wages plus | 24 | | annualized fringe benefits for training and
apprenticeship | 25 | | programs approved by the U.S. Department of Labor, Bureau of
| 26 | | Apprenticeship and Training, health and welfare, insurance, |
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| 1 | | vacations and
pensions paid generally, in the
locality in | 2 | | which the work is being performed, to employees engaged in
| 3 | | work of a similar character on public works.
| 4 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | 5 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | 6 | | 6-15-22.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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