Bill Amendment: IL HB0686 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REVENUE-TECH
Status: 2016-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB0686 Detail]
Download: Illinois-2015-HB0686-House_Amendment_002.html
Bill Title: REVENUE-TECH
Status: 2016-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB0686 Detail]
Download: Illinois-2015-HB0686-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 686
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2 | AMENDMENT NO. ______. Amend House Bill 686, AS AMENDED, by | ||||||
3 | inserting the following Sections in their proper numeric | ||||||
4 | sequence as follows:
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5 | "Section 1. Short title. This Act may be cited as the Local | ||||||
6 | Government Taxpayer Protection Act of 2015.
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7 | Section 2. Legislative intent. As of 2015, Illinois | ||||||
8 | taxpayers are paying the second highest median property taxes | ||||||
9 | in the United States. While property taxes are a critical | ||||||
10 | source of revenue for units of local government, school | ||||||
11 | districts, and other local governmental entities, the high | ||||||
12 | property tax burden hinders economic growth. The General | ||||||
13 | Assembly finds that freezing property tax extensions until | ||||||
14 | voters, acting by referendum, approve an increase in the tax | ||||||
15 | extension will return control of local tax and spending policy | ||||||
16 | to voters and, as property values begin to grow, reduce |
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1 | property tax rates. | ||||||
2 | To ensure that units of local government, school districts, | ||||||
3 | and other governmental entities that depend upon property tax | ||||||
4 | revenue are able to continue providing critical services to | ||||||
5 | their residents notwithstanding this property tax freeze, the | ||||||
6 | General Assembly further finds that it is necessary to reduce | ||||||
7 | the State-imposed mandates on local governments that have | ||||||
8 | increased the cost of providing these services. These mandates | ||||||
9 | include the following: | ||||||
10 | (1) According to the United States Census Bureau's 2012 | ||||||
11 | report on state and local government finance, employee | ||||||
12 | wages and benefits are the largest operational expense of | ||||||
13 | local governments in Illinois. Although the Illinois | ||||||
14 | Public Labor Relations Act and the Illinois Educational | ||||||
15 | Labor Relations Act are intended to afford local | ||||||
16 | governments with discretion over their budgets, employee | ||||||
17 | costs remain a significant expense. The changes made by | ||||||
18 | this amendatory Act of the 99th General Assembly to the | ||||||
19 | Illinois Public Labor Relations Act and the Illinois | ||||||
20 | Educational Labor Relations Act are intended to empower | ||||||
21 | local governments to contain these costs. | ||||||
22 | (2) Despite critical infrastructure and capital needs, | ||||||
23 | the cost of capital projects is often higher for local | ||||||
24 | governments than for the private sector. In particular, | ||||||
25 | labor costs are higher due to the State's mandated | ||||||
26 | prevailing wage, which often exceeds the wage required for |
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1 | federally funded projects and the wage that actually | ||||||
2 | prevails in the market, and the use of project labor | ||||||
3 | agreements. | ||||||
4 | The purpose of this amendatory Act of the 99th General | ||||||
5 | Assembly is to alleviate the property tax burden. To offset the | ||||||
6 | property tax freeze, it is necessary to reduce labor and | ||||||
7 | capital costs incurred by units of local government, school | ||||||
8 | districts, and other local governmental entities as a result of | ||||||
9 | State mandates.
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10 | Section 3. The Illinois Public Labor Relations Act is | ||||||
11 | amended by changing Section 4 and by adding Section 4.5 as | ||||||
12 | follows:
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13 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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14 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
15 | which has been held unconstitutional) | ||||||
16 | Sec. 4. Management Rights. | ||||||
17 | (a) Employers shall not be required to bargain
over matters | ||||||
18 | of inherent managerial policy, which shall include such areas
| ||||||
19 | of discretion or policy as the functions of the employer, | ||||||
20 | standards of
services,
its overall budget, the organizational | ||||||
21 | structure and selection of new
employees, examination | ||||||
22 | techniques
and direction of employees. Employers, however, | ||||||
23 | shall be required to bargain
collectively with regard to
policy | ||||||
24 | matters directly affecting wages, hours and terms and |
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1 | conditions of employment
as well as the impact thereon upon | ||||||
2 | request by employee representatives, except as provided in this | ||||||
3 | Section or Section 7.5.
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4 | To preserve the rights of employers and exclusive | ||||||
5 | representatives which
have established collective bargaining | ||||||
6 | relationships or negotiated collective
bargaining agreements | ||||||
7 | prior to the effective date of this Act, employers
shall be | ||||||
8 | required to bargain collectively with regard to any matter | ||||||
9 | concerning
wages, hours or conditions of employment about which | ||||||
10 | they have bargained
for and agreed to in a collective | ||||||
11 | bargaining agreement
prior to the effective date of this Act, | ||||||
12 | except as provided in this Section or Section 7.5.
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13 | The chief judge of the judicial circuit that employs a | ||||||
14 | public employee who
is
a court reporter, as defined in the | ||||||
15 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
16 | promote, evaluate, discipline, and discharge court reporters
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17 | within that judicial circuit.
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18 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
19 | shall
be construed to intrude upon the judicial functions of | ||||||
20 | any court. This
amendatory Act of the 94th General Assembly | ||||||
21 | applies only to nonjudicial
administrative matters relating to | ||||||
22 | the collective bargaining rights of court
reporters.
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23 | (b) In any unit of local government or school district to | ||||||
24 | which this subsection applies, as provided in Section 4.5 of | ||||||
25 | this Act, public employees or a labor organization may not | ||||||
26 | bargain collectively on: |
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1 | (1) the decision of the employer to contract with a | ||||||
2 | third party for any services, the process for bidding on | ||||||
3 | such a contract, the identity of the provider of such | ||||||
4 | services, or the effect of any such contract on bargaining | ||||||
5 | unit members, provided that this subsection does not limit | ||||||
6 | the ability of employees or a labor organization to bid on | ||||||
7 | any such contract; | ||||||
8 | (2) any pay increase, either through changes to the pay | ||||||
9 | schedule or as a result of accumulated years of service, in | ||||||
10 | excess of the amount specified by ordinance or resolution | ||||||
11 | of the governing authority of the public employer; | ||||||
12 | (3) the provision of any health insurance, including | ||||||
13 | the payment of premiums, the extent of coverage, or the | ||||||
14 | identity of the insurer; | ||||||
15 | (4) the use of employee time for business of the labor | ||||||
16 | organization, other than reasonable time provided to an | ||||||
17 | employee to attend a grievance hearing when his or her | ||||||
18 | rights are substantially affected by the hearing or his or | ||||||
19 | her testimony is needed for the determination of any | ||||||
20 | substantial factual question; | ||||||
21 | (5) required levels of staffing for departments, | ||||||
22 | divisions, shifts, stations, or assignments; or | ||||||
23 | (6) procedures, processes, forms, and criteria for | ||||||
24 | personnel evaluations, or the use of evaluations or | ||||||
25 | seniority in assignments, promotions, layoffs, and | ||||||
26 | reductions-in-force. |
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1 | (c) Any agreement, understanding, or practice, whether | ||||||
2 | written or oral, and whether express or implied, between any | ||||||
3 | labor organization and any public employer made in violation of | ||||||
4 | this Section is hereby declared to be unlawful, null and void, | ||||||
5 | and of no legal effect. | ||||||
6 | (Source: P.A. 98-599, eff. 6-1-14 .)
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7 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
8 | which has been held unconstitutional) | ||||||
9 | Sec. 4. Management Rights. | ||||||
10 | (a) Employers shall not be required to bargain
over matters | ||||||
11 | of inherent managerial policy, which shall include such areas
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12 | of discretion or policy as the functions of the employer, | ||||||
13 | standards of
services,
its overall budget, the organizational | ||||||
14 | structure and selection of new
employees, examination | ||||||
15 | techniques
and direction of employees. Employers, however, | ||||||
16 | shall be required to bargain
collectively with regard to
policy | ||||||
17 | matters directly affecting wages, hours and terms and | ||||||
18 | conditions of employment
as well as the impact thereon upon | ||||||
19 | request by employee representatives , except as provided in this | ||||||
20 | Section .
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21 | To preserve the rights of employers and exclusive | ||||||
22 | representatives which
have established collective bargaining | ||||||
23 | relationships or negotiated collective
bargaining agreements | ||||||
24 | prior to the effective date of this Act, employers
shall be | ||||||
25 | required to bargain collectively with regard to any matter |
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1 | concerning
wages, hours or conditions of employment about which | ||||||
2 | they have bargained
for and agreed to in a collective | ||||||
3 | bargaining agreement
prior to the effective date of this Act , | ||||||
4 | except as provided in this Section .
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5 | The chief judge of the judicial circuit that employs a | ||||||
6 | public employee who
is
a court reporter, as defined in the | ||||||
7 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
8 | promote, evaluate, discipline, and discharge court reporters
| ||||||
9 | within that judicial circuit.
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10 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
11 | shall
be construed to intrude upon the judicial functions of | ||||||
12 | any court. This
amendatory Act of the 94th General Assembly | ||||||
13 | applies only to nonjudicial
administrative matters relating to | ||||||
14 | the collective bargaining rights of court
reporters.
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15 | (b) In any unit of local government or school district to | ||||||
16 | which this subsection applies, as provided in Section 4.5 of | ||||||
17 | this Act, public employees or a labor organization may not | ||||||
18 | bargain collectively on: | ||||||
19 | (1) the decision of the employer to contract with a | ||||||
20 | third party for any services, the process for bidding on | ||||||
21 | such a contract, the identity of the provider of such | ||||||
22 | services, or the effect of any such contract on bargaining | ||||||
23 | unit members, provided that this subsection does not limit | ||||||
24 | the ability of employees or a labor organization to bid on | ||||||
25 | any such contract; | ||||||
26 | (2) any pay increase, either through changes to the pay |
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1 | schedule or as a result of accumulated years of service, in | ||||||
2 | excess of the amount specified by ordinance or resolution | ||||||
3 | of the governing authority of the public employer; | ||||||
4 | (3) the provision of any health insurance, including | ||||||
5 | the payment of premiums, the extent of coverage, or the | ||||||
6 | identity of the insurer; | ||||||
7 | (4) the use of employee time for business of the labor | ||||||
8 | organization, other than reasonable time provided to an | ||||||
9 | employee to attend a grievance hearing when his or her | ||||||
10 | rights are substantially affected by the hearing or his or | ||||||
11 | her testimony is needed for the determination of any | ||||||
12 | substantial factual question; | ||||||
13 | (5) required levels of staffing for departments, | ||||||
14 | divisions, shifts, stations, or assignments; or | ||||||
15 | (6) procedures, processes, forms, and criteria for | ||||||
16 | personnel evaluations, or the use of evaluations or | ||||||
17 | seniority in assignments, promotions, layoffs, and | ||||||
18 | reductions-in-force. | ||||||
19 | (c) Any agreement, understanding, or practice, whether | ||||||
20 | written or oral, and whether express or implied, between any | ||||||
21 | labor organization and any public employer made in violation of | ||||||
22 | this Section is hereby declared to be unlawful, null and void, | ||||||
23 | and of no legal effect. | ||||||
24 | (Source: P.A. 94-98, eff. 7-1-05.)
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25 | (5 ILCS 315/4.5 new) |
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1 | Sec. 4.5. Adoption of limitations on subjects of collective | ||||||
2 | bargaining. | ||||||
3 | (a) The county board or board of county commissioners of a | ||||||
4 | county may by ordinance elect to apply the limitations under | ||||||
5 | subsection (b) of Section 4 to bargaining with that county and | ||||||
6 | with any other public employer whose boundaries are entirely | ||||||
7 | within that county. | ||||||
8 | (b) The corporate authorities of a municipality may by | ||||||
9 | ordinance elect to apply the limitations under subsection (b) | ||||||
10 | of Section 4 to bargaining with that municipality and with any | ||||||
11 | other public employer whose boundaries are entirely within that | ||||||
12 | municipality. | ||||||
13 | (c) The governing authority of a unit of local government | ||||||
14 | or school district, including a county or municipality, may by | ||||||
15 | ordinance or resolution elect to apply the limitations under | ||||||
16 | subsection (b) of Section 4 to bargaining with that unit of | ||||||
17 | local government or school district. | ||||||
18 | (d) If a petition, signed by a number of registered voters | ||||||
19 | equal in number to at least 5% of the total number of | ||||||
20 | registered voters in a county or municipality, asking to apply | ||||||
21 | the limitations under subsection (b) of Section 4 to collective | ||||||
22 | bargaining in that county or municipality is presented to the | ||||||
23 | clerk of that county or municipality, the clerk shall certify | ||||||
24 | the question of whether to apply such limitations in that | ||||||
25 | county or municipality to the proper election authority, who | ||||||
26 | shall submit the question at the next election in accordance |
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1 | with the general election law. | ||||||
2 | The question of whether to apply the limitations under | ||||||
3 | subsection (b) of Section 4 shall be presented in substantially | ||||||
4 | the following form: | ||||||
5 | Shall each unit of local government and school district | ||||||
6 | located within (legal name of the county or municipality) | ||||||
7 | be free to determine certain matters without negotiating | ||||||
8 | with employee unions, such as the use of service providers, | ||||||
9 | the decision to provide health benefits, caps on total | ||||||
10 | payroll, employees' use of government time for union | ||||||
11 | matters, required staffing levels, evaluation procedures, | ||||||
12 | and, in the case of schools, curriculum? | ||||||
13 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
14 | of voters voting on the question are in favor of applying such | ||||||
15 | limitations, subsection (b) of Section 4 shall apply to | ||||||
16 | bargaining with that county or municipality and with any other | ||||||
17 | public employer whose boundaries are entirely within that | ||||||
18 | county or municipality. | ||||||
19 | (e) If a petition, signed by a number of registered voters | ||||||
20 | equal in number to at least 5% of the total number of | ||||||
21 | registered voters in a unit of local government or school | ||||||
22 | district, asking to apply the limitations under subsection (b) | ||||||
23 | of Section 4 to collective bargaining with that unit of local | ||||||
24 | government or school district is presented to the clerk of that | ||||||
25 | unit of local government or school district, the clerk shall | ||||||
26 | certify the question of whether to apply such limitations to |
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1 | that unit of local government or school district to the proper | ||||||
2 | election authority, who shall submit the question at the next | ||||||
3 | election in accordance with the general election law. | ||||||
4 | The question of whether to apply the limitations under | ||||||
5 | subsection (b) of Section 4 shall be presented in substantially | ||||||
6 | the following form: | ||||||
7 | Shall (the legal name of the unit of local government | ||||||
8 | or school district) be free to determine certain matters | ||||||
9 | without negotiating with employee unions, such as the use | ||||||
10 | of service providers, the decision to provide health | ||||||
11 | benefits, caps on total payroll, employees' use of | ||||||
12 | government time for union matters, required staffing | ||||||
13 | levels, evaluation procedures, and, in the case of schools, | ||||||
14 | curriculum? | ||||||
15 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
16 | of voters voting on the question are in favor of applying such | ||||||
17 | limitations, subsection (b) of Section 4 shall apply to | ||||||
18 | bargaining with that unit of local government or school | ||||||
19 | district.
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20 | Section 10. The Local Government Energy Conservation Act is | ||||||
21 | amended by changing Section 3 as follows:
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22 | (50 ILCS 515/3)
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23 | Sec. 3. Applicable laws. Other State laws and related | ||||||
24 | administrative requirements apply to this Act, including, but |
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1 | not limited to, the following laws and related administrative | ||||||
2 | requirements: the Illinois Human Rights Act, the Prevailing | ||||||
3 | Wage Act, the Public Construction Bond Act, the Public Works | ||||||
4 | Preference Act (repealed on June 16, 2010 by Public Act | ||||||
5 | 96-929), the Employment of Illinois Workers on Public Works | ||||||
6 | Act, the Freedom of Information Act, the Open Meetings Act, the | ||||||
7 | Illinois Architecture Practice Act of 1989, the Professional | ||||||
8 | Engineering Practice Act of 1989, the Structural Engineering | ||||||
9 | Practice Act of 1989, the Local Government Professional | ||||||
10 | Services Selection Act, and the Contractor Unified License and | ||||||
11 | Permit Bond Act.
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12 | (Source: P.A. 97-333, eff. 8-12-11.)
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13 | Section 15. The Local Government Facility Lease Act is | ||||||
14 | amended by changing Section 35 as follows:
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15 | (50 ILCS 615/35)
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16 | Sec. 35. Wage requirements. In order to protect the wages, | ||||||
17 | working conditions, and job opportunities of employees | ||||||
18 | employed by the lessee of leased facility property used for | ||||||
19 | airport purposes to perform work on the site of the leased | ||||||
20 | premises previously performed by employees of the lessor on the | ||||||
21 | site of the leased premises and who were in recognized | ||||||
22 | bargaining units at the time of the lease, the lessee, and any | ||||||
23 | subcontractor retained by the lessee to perform such work on | ||||||
24 | the site of the leased premises, shall be required to pay to |
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1 | those employees an amount not less than the economic equivalent | ||||||
2 | of the standard of wages and benefits enjoyed by the lessor's | ||||||
3 | employees who previously performed that work. The lessor shall | ||||||
4 | certify to the lessee the amount of wages and benefits (or | ||||||
5 | their equivalent) as of the time of the lease, and any changes | ||||||
6 | to those amounts as they may occur during the term of the | ||||||
7 | lease. All projects at the leased facility property used for | ||||||
8 | airport purposes shall be considered public works for purposes | ||||||
9 | of the Prevailing Wage Act.
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10 | (Source: P.A. 94-750, eff. 5-9-06.)
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11 | Section 20. The Counties Code is amended by changing | ||||||
12 | Section 5-1134 as follows:
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13 | (55 ILCS 5/5-1134) | ||||||
14 | Sec. 5-1134. Project labor agreements. | ||||||
15 | (a) Any sports, arts, or entertainment facilities that | ||||||
16 | receive revenue from a tax imposed under subsection (b) of | ||||||
17 | Section 5-1030 of this Code shall be considered to be public | ||||||
18 | works within the meaning of the Prevailing Wage Act. The county | ||||||
19 | authorities responsible for the construction, renovation, | ||||||
20 | modification, or alteration of the sports, arts, or | ||||||
21 | entertainment facilities shall enter into project labor | ||||||
22 | agreements with labor organizations as defined in the National | ||||||
23 | Labor Relations Act to assure that no labor dispute interrupts | ||||||
24 | or interferes with the construction, renovation, modification, |
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1 | or alteration of the projects. | ||||||
2 | (b) The project labor agreements must include the | ||||||
3 | following: | ||||||
4 | (1) provisions establishing the minimum hourly wage | ||||||
5 | for each class of labor organization employees; | ||||||
6 | (2) provisions establishing the benefits and other | ||||||
7 | compensation for such class of labor organization; and | ||||||
8 | (3) provisions establishing that no strike or disputes | ||||||
9 | will be engaged in by the labor organization employees. | ||||||
10 | The county, taxing bodies, municipalities, and the labor | ||||||
11 | organizations shall have the authority to include other terms | ||||||
12 | and conditions as they deem necessary. | ||||||
13 | (c) The project labor agreement shall be filed with the | ||||||
14 | Director of the Illinois Department of Labor in accordance with | ||||||
15 | procedures established by the Department. At a minimum, the | ||||||
16 | project labor agreement must provide the names, addresses, and | ||||||
17 | occupations of the owner of the facilities and the individuals | ||||||
18 | representing the labor organization employees participating in | ||||||
19 | the project labor agreement. The agreement must also specify | ||||||
20 | the terms and conditions required in subsection (b) of this | ||||||
21 | Section. | ||||||
22 | (d) In any agreement for the construction or rehabilitation | ||||||
23 | of a facility using revenue generated under subsection (b) of | ||||||
24 | Section 5-1030 of this Code, in connection with the | ||||||
25 | prequalification of general contractors for construction or | ||||||
26 | rehabilitation of the facility, it shall be required that a |
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1 | commitment will be submitted detailing how the general | ||||||
2 | contractor will expend 15% or more of the aggregate dollar | ||||||
3 | value of the project as a whole with one or more minority-owned | ||||||
4 | businesses, female-owned businesses, or businesses owned by a | ||||||
5 | person with a disability, as these terms are defined in Section | ||||||
6 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
7 | Persons with Disabilities Act.
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8 | (Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
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9 | (60 ILCS 1/100-20 rep.) | ||||||
10 | Section 25. The Township Code is amended by repealing | ||||||
11 | Section 100-20.
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12 | Section 30. The School Code is amended by changing Section | ||||||
13 | 19b-15 as follows:
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14 | (105 ILCS 5/19b-15) | ||||||
15 | Sec. 19b-15. Applicable laws. Other State laws and related | ||||||
16 | administrative requirements apply to this Article, including, | ||||||
17 | but not limited to, the following laws and related | ||||||
18 | administrative requirements: the Illinois Human Rights Act, | ||||||
19 | the Prevailing Wage Act, the Public Construction Bond Act, the | ||||||
20 | Public Works Preference Act (repealed on June 16, 2010 by | ||||||
21 | Public Act 96-929), the Employment of Illinois Workers on | ||||||
22 | Public Works Act, the Freedom of Information Act, the Open | ||||||
23 | Meetings Act, the Illinois Architecture Practice Act of 1989, |
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| |||||||
1 | the Professional Engineering Practice Act of 1989, the | ||||||
2 | Structural Engineering Practice Act of 1989, the Local | ||||||
3 | Government Professional Services Selection Act, and the | ||||||
4 | Contractor Unified License and Permit Bond Act.
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5 | (Source: P.A. 97-333, eff. 8-12-11.)
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6 | Section 35. The Public Community College Act is amended by | ||||||
7 | changing Section 1-3 as follows:
| ||||||
8 | (110 ILCS 805/1-3)
| ||||||
9 | Sec. 1-3. Applicable laws. Other State laws and related | ||||||
10 | administrative requirements apply to this Act, including, but | ||||||
11 | not limited to, the following laws and related administrative | ||||||
12 | requirements: the Illinois Human Rights Act, the Prevailing | ||||||
13 | Wage Act, the Public Construction Bond Act, the Employment of | ||||||
14 | Illinois Workers on Public Works Act, the Freedom of | ||||||
15 | Information Act, the Open Meetings Act, the Illinois | ||||||
16 | Architecture Practice Act of 1989, the Professional | ||||||
17 | Engineering Practice Act of 1989, the Structural Engineering | ||||||
18 | Practice Act of 1989, the Local Government Professional | ||||||
19 | Services Selection Act, and the Contractor Unified License and | ||||||
20 | Permit Bond Act. The provisions of the Procurement of Domestic | ||||||
21 | Products Act shall apply to this Act to the extent practicable, | ||||||
22 | provided that the Procurement of Domestic Products Act must not | ||||||
23 | be applied to this Act in a manner that is inconsistent with | ||||||
24 | the requirements of this Act.
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1 | (Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)
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2 | Section 40. The Illinois Educational Labor Relations Act is | ||||||
3 | amended by changing Sections 4.5 and 7 and by adding Section | ||||||
4 | 4.7 as follows:
| ||||||
5 | (115 ILCS 5/4.5)
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6 | Sec. 4.5. Subjects of collective bargaining.
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7 | (a) Notwithstanding the existence of any other provision in | ||||||
8 | this Act or
other law, collective bargaining between an | ||||||
9 | educational employer whose
territorial boundaries are | ||||||
10 | coterminous with those of a city having a population
in
excess | ||||||
11 | of 500,000 and an exclusive representative of its employees may
| ||||||
12 | include any of the following
subjects:
| ||||||
13 | (1) (Blank).
| ||||||
14 | (2) Decisions to contract with a third party for one or | ||||||
15 | more services
otherwise performed by employees in a | ||||||
16 | bargaining unit and the
procedures for
obtaining such | ||||||
17 | contract or the identity of the third party , except as | ||||||
18 | provided in subsection (d) .
| ||||||
19 | (3) Decisions to layoff or reduce in force employees , | ||||||
20 | except as provided in subsection (d) with respect to a | ||||||
21 | layoff or reduction in force resulting from a service | ||||||
22 | contract .
| ||||||
23 | (4) Decisions to determine class size, class staffing | ||||||
24 | and assignment,
class
schedules, academic calendar, length |
| |||||||
| |||||||
1 | of the work and school day with respect to a public school | ||||||
2 | district organized under Article 34 of the School Code | ||||||
3 | only, length of the work and school year with respect to a | ||||||
4 | public school district organized under Article 34 of the | ||||||
5 | School Code only, hours and places of instruction, or pupil
| ||||||
6 | assessment policies.
| ||||||
7 | (5) Decisions concerning use and staffing of | ||||||
8 | experimental or pilot
programs and
decisions concerning | ||||||
9 | use of technology to deliver educational programs and
| ||||||
10 | services and staffing to provide the technology.
| ||||||
11 | (b) The subject or matters described in subsection (a) are | ||||||
12 | permissive
subjects of bargaining between an educational | ||||||
13 | employer and an exclusive
representative of its employees and, | ||||||
14 | for the purpose of this Act, are within
the sole
discretion of | ||||||
15 | the educational employer to decide
to bargain, provided that | ||||||
16 | the educational employer is required to bargain
over the impact | ||||||
17 | of a decision concerning such subject or matter on the
| ||||||
18 | bargaining unit upon request by the exclusive representative. | ||||||
19 | During
this bargaining, the educational employer shall not be | ||||||
20 | precluded from
implementing its decision. If, after a | ||||||
21 | reasonable period of bargaining, a
dispute or impasse exists | ||||||
22 | between the educational employer and the
exclusive | ||||||
23 | representative, the dispute or impasse shall be resolved | ||||||
24 | exclusively
as set
forth in subsection (b) of Section 12 of | ||||||
25 | this Act in lieu of a strike under
Section 13 of this Act. | ||||||
26 | Neither the Board nor any mediator or fact-finder appointed |
| |||||||
| |||||||
1 | pursuant to subsection (a-10) of Section 12 of this Act shall | ||||||
2 | have jurisdiction over such a dispute or impasse.
| ||||||
3 | (c) A provision in a collective bargaining agreement that | ||||||
4 | was rendered
null
and void
because it involved a
prohibited | ||||||
5 | subject of collective bargaining
under this subsection (c) as | ||||||
6 | this subsection (c) existed before the effective
date of
this | ||||||
7 | amendatory Act of the 93rd General Assembly
remains null and | ||||||
8 | void and
shall not otherwise be reinstated in any successor | ||||||
9 | agreement unless the
educational employer and exclusive | ||||||
10 | representative otherwise agree to
include an agreement reached | ||||||
11 | on a subject or matter described in
subsection (a) of this | ||||||
12 | Section as subsection (a) existed before this amendatory
Act of
| ||||||
13 | the 93rd General Assembly.
| ||||||
14 | (d) In any public school district to which this subsection | ||||||
15 | applies, as provided in Section 4.7, public employees or a | ||||||
16 | labor organization may not bargain collectively on: | ||||||
17 | (1) the decision of the educational employer to | ||||||
18 | contract with a third party for any services, the process | ||||||
19 | for bidding on such a contract, the identity of the | ||||||
20 | provider of such services, or the effect of any such | ||||||
21 | contract on bargaining unit members, provided that this | ||||||
22 | subsection does not limit the ability of educational | ||||||
23 | employees or a labor organization to bid on any such | ||||||
24 | contract; | ||||||
25 | (2) any pay increase, either through changes to the pay | ||||||
26 | schedule or as a result of accumulated years of service, in |
| |||||||
| |||||||
1 | excess of the amount specified by resolution of the | ||||||
2 | governing body of the public school district; | ||||||
3 | (3) the provision of any health insurance, including | ||||||
4 | the payment of premiums, the extent of coverage, or the | ||||||
5 | identity of the insurer; | ||||||
6 | (4) the use of educational employee time for business | ||||||
7 | of the labor organization, other than reasonable time | ||||||
8 | provided to an educational employee to attend a grievance | ||||||
9 | hearing when his or her rights are substantially affected | ||||||
10 | by the hearing or his or her testimony is needed for the | ||||||
11 | determination of any substantial factual question; | ||||||
12 | (5) required levels of staffing for departments, | ||||||
13 | divisions, shifts, stations, or assignments; | ||||||
14 | (6) procedures, processes, forms, and criteria for | ||||||
15 | personnel evaluations, or the use of evaluations or | ||||||
16 | seniority in assignments, promotions, layoffs, and | ||||||
17 | reductions-in-force; or | ||||||
18 | (7) curriculum or standards of student academic | ||||||
19 | performance, conduct, and discipline in school. | ||||||
20 | (e) If subsection (b) of Section 4 of the Illinois Public | ||||||
21 | Labor Relations Act applies to a public school district, | ||||||
22 | educational employees or a labor organization may not bargain | ||||||
23 | collectively on the matters described in that subsection or on | ||||||
24 | the matters described in paragraph (7) of subsection (d) of | ||||||
25 | this Section. | ||||||
26 | (f) Any agreement, understanding, or practice, whether |
| |||||||
| |||||||
1 | written or oral, and whether express or implied, between any | ||||||
2 | labor organization and any educational employer made in | ||||||
3 | violation of this Section is hereby declared to be unlawful, | ||||||
4 | null and void, and of no legal effect. | ||||||
5 | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
| ||||||
6 | (115 ILCS 5/4.7 new) | ||||||
7 | Sec. 4.7. Adoption of limitations on subjects of collective | ||||||
8 | bargaining. | ||||||
9 | (a) The governing body of a public school district may by | ||||||
10 | resolution prohibit elect to apply the limitations under | ||||||
11 | subsection (d) of Section 4.5 to bargaining with that public | ||||||
12 | school district. | ||||||
13 | (b) If a petition, signed by a number of registered voters | ||||||
14 | equal in number to at least 5% of the total number of | ||||||
15 | registered voters in a public school district, asking to apply | ||||||
16 | the limitations under subsection (d) of Section 4.5 to that | ||||||
17 | public school district is presented to the clerk of that public | ||||||
18 | school district, the clerk shall certify the question of | ||||||
19 | whether to apply such limitations to that public school | ||||||
20 | district to the proper election authority, who shall submit the | ||||||
21 | question at the next election in accordance with the general | ||||||
22 | election law. | ||||||
23 | The question of whether to apply the limitations under | ||||||
24 | subsection (d) of Section 4.5 shall be presented in | ||||||
25 | substantially the following form: |
| |||||||
| |||||||
1 | Shall (the legal name of the public school district) be | ||||||
2 | free to determine certain matters without negotiating with | ||||||
3 | employee unions, such as the use of service providers, the | ||||||
4 | decision to provide health benefits, caps on total payroll, | ||||||
5 | employees' use of government time for union matters, | ||||||
6 | required staffing levels, evaluation procedures, and | ||||||
7 | curriculum? | ||||||
8 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
9 | of voters voting on the question are in favor of applying such | ||||||
10 | limitations, subsection (d) of Section 4.5 shall apply to | ||||||
11 | bargaining with that public school district.
| ||||||
12 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| ||||||
13 | Sec. 7. Recognition of exclusive bargaining | ||||||
14 | representatives - unit
determination. The Board is empowered | ||||||
15 | to administer the
recognition of bargaining representatives of | ||||||
16 | employees of public school
districts, including employees of | ||||||
17 | districts which have entered into joint
agreements, or | ||||||
18 | employees of public community college districts, or any
State | ||||||
19 | college or university, and any State agency whose major | ||||||
20 | function is
providing educational services, making certain | ||||||
21 | that each bargaining unit
contains employees with an | ||||||
22 | identifiable community of interest and that no unit
includes | ||||||
23 | both professional employees and nonprofessional employees | ||||||
24 | unless a
majority of employees in each group vote for inclusion | ||||||
25 | in the unit.
|
| |||||||
| |||||||
1 | (a) In determining the appropriateness of a unit, the Board
| ||||||
2 | shall decide in each case, in order to ensure employees the | ||||||
3 | fullest freedom
in exercising the rights guaranteed by this | ||||||
4 | Act, the unit appropriate for
the purpose of collective | ||||||
5 | bargaining, based upon but not limited to such
factors as | ||||||
6 | historical pattern of recognition, community of interest, | ||||||
7 | including
employee skills and functions, degree of functional | ||||||
8 | integration,
interchangeability and contact among employees, | ||||||
9 | common supervision, wages,
hours and other working conditions | ||||||
10 | of the employees involved, and the desires
of the employees. | ||||||
11 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
12 | with or negate the
current representation rights or patterns | ||||||
13 | and practices of employee
organizations which have | ||||||
14 | historically represented employees for the purposes of
| ||||||
15 | collective bargaining, including but not limited to the | ||||||
16 | negotiations of wages,
hours and working conditions, | ||||||
17 | resolutions of employees' grievances, or
resolution of | ||||||
18 | jurisdictional disputes, or the establishment and maintenance | ||||||
19 | of
prevailing wage rates, unless a majority of the employees so | ||||||
20 | represented
expresses a contrary desire under the procedures | ||||||
21 | set forth in this Act. This
Section, however, does not prohibit | ||||||
22 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
23 | where the majority of public employees of a craft so decide, | ||||||
24 | the
Board shall designate such craft as a unit appropriate for | ||||||
25 | the purposes of
collective bargaining.
| ||||||
26 | The sole appropriate bargaining unit for tenured and |
| |||||||
| |||||||
1 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
2 | of Illinois shall be a unit that is comprised of
| ||||||
3 | non-supervisory academic faculty employed more than half-time | ||||||
4 | and
that includes all tenured and tenure-track
faculty
of that | ||||||
5 | University campus employed by the board of trustees in all of | ||||||
6 | the campus's undergraduate, graduate, and
professional
schools | ||||||
7 | and degree and non-degree programs
(with the exception of the | ||||||
8 | college of medicine, the college of pharmacy,
the college of | ||||||
9 | dentistry, the college of law, and the college of veterinary
| ||||||
10 | medicine, each of which shall have its own separate unit), | ||||||
11 | regardless of
current
or
historical representation rights or | ||||||
12 | patterns or the application of any
other factors. Any decision, | ||||||
13 | rule, or regulation promulgated by the
Board to the contrary | ||||||
14 | shall be null and void.
| ||||||
15 | (b) An educational employer shall voluntarily recognize a | ||||||
16 | labor organization
for collective bargaining purposes if that | ||||||
17 | organization appears to represent
a majority of employees in | ||||||
18 | the unit. The employer shall post notice
of its intent to so | ||||||
19 | recognize for a period of at least 20 school days on
bulletin | ||||||
20 | boards or other places used or reserved for employee notices.
| ||||||
21 | Thereafter, the employer, if satisfied as to the majority | ||||||
22 | status of the
employee organization, shall send written | ||||||
23 | notification of such recognition
to the Board for | ||||||
24 | certification.
Any dispute regarding the majority status of
a | ||||||
25 | labor organization shall be
resolved by the Board which shall | ||||||
26 | make the determination of majority
status.
|
| |||||||
| |||||||
1 | Within the 20 day notice period, however, any other | ||||||
2 | interested employee
organization may petition the Board to seek | ||||||
3 | recognition as the exclusive
representative of the unit in the | ||||||
4 | manner specified by rules and regulations
prescribed by the | ||||||
5 | Board, if such interested employee organization has been
| ||||||
6 | designated by at least 15% of the employees in an appropriate | ||||||
7 | bargaining unit
which includes all or some of the employees in | ||||||
8 | the unit intended to be
recognized by the employer. In such | ||||||
9 | event, the Board shall proceed with the
petition in the same | ||||||
10 | manner as provided in paragraph (c) of this Section.
| ||||||
11 | (c) A labor organization may also gain recognition as the | ||||||
12 | exclusive
representative by an election of the employees in the | ||||||
13 | unit. Petitions
requesting an election may be filed with the | ||||||
14 | Board:
| ||||||
15 | (1) by an employee or group of employees or any labor | ||||||
16 | organizations acting
on their behalf alleging and | ||||||
17 | presenting evidence that 30% or more of the
employees in a | ||||||
18 | bargaining unit wish to be represented for collective | ||||||
19 | bargaining
or that the labor organization which has been | ||||||
20 | acting as the exclusive
bargaining representative is no | ||||||
21 | longer representative of a majority of the
employees in the | ||||||
22 | unit; or
| ||||||
23 | (2) by an employer alleging that one or more labor | ||||||
24 | organizations have
presented a claim to be recognized as an | ||||||
25 | exclusive bargaining representative
of a majority of the | ||||||
26 | employees in an appropriate unit and that it doubts
the |
| |||||||
| |||||||
1 | majority status of any of the organizations or that it | ||||||
2 | doubts the majority
status of an exclusive bargaining | ||||||
3 | representative.
| ||||||
4 | The Board shall investigate the petition and if it has | ||||||
5 | reasonable cause to
suspect that a question of representation | ||||||
6 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
7 | upon the record of the hearing that a question
of | ||||||
8 | representation exists, it shall direct an election, which shall | ||||||
9 | be held no
later than 90 days after the date the petition was | ||||||
10 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
11 | and the conduct of consent elections.
| ||||||
12 | (c-5) The Board shall designate an exclusive | ||||||
13 | representative for purposes
of
collective bargaining when the | ||||||
14 | representative demonstrates a showing of
majority interest by | ||||||
15 | employees in the unit. If the parties to a dispute are
without
| ||||||
16 | agreement on the means to ascertain the choice, if any, of | ||||||
17 | employee
organization as their representative, the Board shall | ||||||
18 | ascertain the employees'
choice of
employee organization, on | ||||||
19 | the basis of dues deduction authorization or other
evidence, | ||||||
20 | or, if necessary, by conducting an election. All evidence | ||||||
21 | submitted by an employee organization to the Board to ascertain | ||||||
22 | an employee's choice of an employee organization is | ||||||
23 | confidential and shall not be submitted to the employer for | ||||||
24 | review. The Board shall ascertain the employee's choice of | ||||||
25 | employee organization within 120 days after the filing of the | ||||||
26 | majority interest petition; however, the Board may extend time |
| |||||||
| |||||||
1 | by an additional 60 days, upon its own motion or upon the | ||||||
2 | motion of a party to the proceeding. If either party provides
| ||||||
3 | to the Board, before the designation of a representative, clear | ||||||
4 | and convincing
evidence that the dues deduction | ||||||
5 | authorizations, and other evidence upon which
the Board would | ||||||
6 | otherwise rely to ascertain the employees' choice of
| ||||||
7 | representative, are fraudulent or were obtained through | ||||||
8 | coercion, the Board
shall promptly thereafter conduct an | ||||||
9 | election. The Board shall also investigate
and consider a | ||||||
10 | party's allegations that the dues deduction authorizations and
| ||||||
11 | other evidence submitted in support of a designation of | ||||||
12 | representative without
an election were subsequently changed, | ||||||
13 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
14 | coercion, or any other unfair labor practice by the
employer. | ||||||
15 | If the Board determines that a labor organization would have | ||||||
16 | had a
majority interest but for an employer's fraud, coercion, | ||||||
17 | or unfair labor
practice, it shall designate the labor | ||||||
18 | organization as an exclusive
representative without conducting | ||||||
19 | an election. If a hearing is necessary to resolve any issues of | ||||||
20 | representation under this Section, the Board shall conclude its | ||||||
21 | hearing process and issue a certification of the entire | ||||||
22 | appropriate unit not later than 120 days after the date the | ||||||
23 | petition was filed. The 120-day period may be extended one or | ||||||
24 | more times by the agreement of all parties to a hearing to a | ||||||
25 | date certain.
| ||||||
26 | (c-6) A labor organization or an employer may file a unit |
| |||||||
| |||||||
1 | clarification petition seeking to clarify an existing | ||||||
2 | bargaining unit. The Board shall conclude its investigation, | ||||||
3 | including any hearing process deemed necessary, and issue a | ||||||
4 | certification of clarified unit or dismiss the petition not | ||||||
5 | later than 120 days after the date the petition was filed. The | ||||||
6 | 120-day period may be extended one or more times by the | ||||||
7 | agreement of all parties to a hearing to a date certain. | ||||||
8 | (d) An order of the Board dismissing a representation | ||||||
9 | petition, determining
and certifying that a labor organization | ||||||
10 | has been fairly and freely chosen by a
majority of employees in | ||||||
11 | an appropriate bargaining unit, determining and
certifying | ||||||
12 | that a labor organization has not been fairly and freely chosen | ||||||
13 | by a
majority of employees in the bargaining unit or certifying | ||||||
14 | a labor organization
as the exclusive representative of | ||||||
15 | employees in an appropriate bargaining unit
because of a | ||||||
16 | determination by the Board that the labor organization is the
| ||||||
17 | historical bargaining representative of employees in the | ||||||
18 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
19 | such order issued on or after
the effective date of this | ||||||
20 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
21 | in accordance with provisions of the Administrative Review Law,
| ||||||
22 | as now or hereafter amended, except that such review shall be | ||||||
23 | afforded directly
in the Appellate Court of a judicial district | ||||||
24 | in which the Board maintains an
office. Any direct appeal to | ||||||
25 | the Appellate Court shall be filed within 35 days
from the date | ||||||
26 | that a copy of the decision sought to be reviewed was served |
| |||||||
| |||||||
1 | upon
the party affected by the decision.
| ||||||
2 | No election may be conducted in any bargaining unit during | ||||||
3 | the term of
a collective bargaining agreement covering such | ||||||
4 | unit or subdivision thereof,
except the Board may direct an | ||||||
5 | election after the filing
of a petition between January 15 and | ||||||
6 | March 1 of the final year of a collective
bargaining agreement. | ||||||
7 | Nothing in this Section prohibits the negotiation
of a | ||||||
8 | collective bargaining agreement covering a period not | ||||||
9 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
10 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
11 | extension is agreed to in writing before
the filing of a | ||||||
12 | petition under this Section. In such case, the final year
of | ||||||
13 | the extension is the final year of the collective bargaining | ||||||
14 | agreement.
No election may be conducted in a bargaining unit, | ||||||
15 | or subdivision thereof,
in which a valid election has been held | ||||||
16 | within the preceding 12 month period.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| ||||||
18 | Section 45. The Prevailing Wage Act is amended by changing | ||||||
19 | Section 2 as follows:
| ||||||
20 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
21 | Sec. 2. This Act applies to the wages of laborers, | ||||||
22 | mechanics and
other workers employed in any public works, as | ||||||
23 | hereinafter defined, by
any public body and to anyone under | ||||||
24 | contracts for public works. This includes any maintenance, |
| |||||||
| |||||||
1 | repair, assembly, or disassembly work performed on equipment | ||||||
2 | whether owned, leased, or rented.
| ||||||
3 | As used in this Act, unless the context indicates | ||||||
4 | otherwise:
| ||||||
5 | "Public works" means all fixed works constructed or | ||||||
6 | demolished by
any public body,
or paid for wholly or in part | ||||||
7 | out of public funds. "Public works" as
defined herein includes | ||||||
8 | all projects financed in whole
or in part with bonds, grants, | ||||||
9 | loans, or other funds made available by or through the State or | ||||||
10 | any of its political subdivisions, including but not limited | ||||||
11 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
12 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
13 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
14 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
15 | the Build Illinois Bond Act; loans or other funds made
| ||||||
16 | available pursuant to the Build Illinois Act; loans or other | ||||||
17 | funds made available pursuant to the Riverfront Development | ||||||
18 | Fund under Section 10-15 of the River Edge Redevelopment Zone | ||||||
19 | Act; or funds from the Fund for
Illinois' Future under Section | ||||||
20 | 6z-47 of the State Finance Act, funds for school
construction | ||||||
21 | under Section 5 of the General Obligation Bond Act, funds
| ||||||
22 | authorized under Section 3 of the School Construction Bond Act, | ||||||
23 | funds for
school infrastructure under Section 6z-45 of the | ||||||
24 | State Finance Act, and funds
for transportation purposes under | ||||||
25 | Section 4 of the General Obligation Bond
Act. "Public works" | ||||||
26 | also includes (i) all projects financed in whole or in part
|
| |||||||
| |||||||
1 | with funds from the Department of Commerce and Economic | ||||||
2 | Opportunity under the Illinois Renewable Fuels Development | ||||||
3 | Program
Act for which there is no project labor agreement; (ii) | ||||||
4 | all work performed pursuant to a public private agreement under | ||||||
5 | the Public Private Agreements for the Illiana Expressway Act or | ||||||
6 | the Public-Private Agreements for the South Suburban Airport | ||||||
7 | Act; and (iii) all projects undertaken under a public-private | ||||||
8 | agreement under the Public-Private Partnerships for | ||||||
9 | Transportation Act. "Public works" also includes all projects | ||||||
10 | at leased facility property used for airport purposes under | ||||||
11 | Section 35 of the Local Government Facility Lease Act. "Public | ||||||
12 | works" also includes the construction of a new wind power | ||||||
13 | facility by a business designated as a High Impact Business | ||||||
14 | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| ||||||
15 | "Public works" does not include work done directly by any | ||||||
16 | public utility company, whether or not done under public | ||||||
17 | supervision or direction, or paid for wholly or in part out of | ||||||
18 | public funds. "Public works" also includes any corrective | ||||||
19 | action performed pursuant to Title XVI of the Environmental | ||||||
20 | Protection Act for which payment from the Underground Storage | ||||||
21 | Tank Fund is requested. "Public works" does not include | ||||||
22 | projects undertaken by the owner at an owner-occupied | ||||||
23 | single-family residence or at an owner-occupied unit of a | ||||||
24 | multi-family residence. "Public works" does not include work | ||||||
25 | performed for soil and water conservation purposes on | ||||||
26 | agricultural lands, whether or not done under public |
| |||||||
| |||||||
1 | supervision or paid for wholly or in part out of public funds, | ||||||
2 | done directly by an owner or person who has legal control of | ||||||
3 | those lands.
| ||||||
4 | "Public works" does not include work done or projects | ||||||
5 | performed by or on behalf of a unit of local government or | ||||||
6 | school district whether or not done under public supervision or | ||||||
7 | paid for wholly or in part with public funds and whether or not | ||||||
8 | owned by a unit of local government or a school district. | ||||||
9 | "Construction" means all work on public works involving | ||||||
10 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
11 | repair, assembly, or disassembly work performed on equipment | ||||||
12 | whether owned, leased, or rented.
| ||||||
13 | "Locality" means the county where the physical work upon | ||||||
14 | public works
is performed, except (1) that if there is not | ||||||
15 | available in the county a
sufficient number of competent | ||||||
16 | skilled laborers, workers and mechanics
to construct the public | ||||||
17 | works efficiently and properly, "locality"
includes any other | ||||||
18 | county nearest the one in which the work or
construction is to | ||||||
19 | be performed and from which such persons may be
obtained in | ||||||
20 | sufficient numbers to perform the work and (2) that, with
| ||||||
21 | respect to contracts for highway work with the Department of
| ||||||
22 | Transportation of this State, "locality" may at the discretion | ||||||
23 | of the
Secretary of the Department of Transportation be | ||||||
24 | construed to include
two or more adjacent counties from which | ||||||
25 | workers may be accessible for
work on such construction.
| ||||||
26 | "Public body" means the State or any officer, board or |
| |||||||
| |||||||
1 | commission of
the State or any political subdivision or | ||||||
2 | department thereof, or any
institution supported in whole or in | ||||||
3 | part by public funds ; "public body" does not, however, include | ||||||
4 | a unit of local government or a school district ,
and includes | ||||||
5 | every county, city, town,
village, township, school district, | ||||||
6 | irrigation, utility, reclamation
improvement or other district | ||||||
7 | and every other political subdivision,
district or | ||||||
8 | municipality of the state whether such political
subdivision, | ||||||
9 | municipality or district operates under a special charter
or | ||||||
10 | not .
| ||||||
11 | The terms "general prevailing rate of hourly wages", | ||||||
12 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
13 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
14 | annualized fringe benefits for training and
apprenticeship | ||||||
15 | programs approved by the U.S. Department of Labor, Bureau of
| ||||||
16 | Apprenticeship and Training, health and welfare, insurance, | ||||||
17 | vacations and
pensions paid generally, in the
locality in which | ||||||
18 | the work is being performed, to employees engaged in
work of a | ||||||
19 | similar character on public works.
| ||||||
20 | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | ||||||
21 | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | ||||||
22 | 7-16-14.)".
|