Bill Amendment: IL HB5069 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PREVAILING WAGE-LOTTERY
Status: 2023-01-05 - Senate Committee Amendment No. 1 Assignments Refers to Executive [HB5069 Detail]
Download: Illinois-2021-HB5069-Senate_Amendment_001.html
Bill Title: PREVAILING WAGE-LOTTERY
Status: 2023-01-05 - Senate Committee Amendment No. 1 Assignments Refers to Executive [HB5069 Detail]
Download: Illinois-2021-HB5069-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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", |
| |||||||
| |||||||
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.".
|