Bill Text: IL HB4432 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Prevailing Wage Act. Expands the definition of "public works" to include construction projects in a designated redevelopment project area as defined in the Tax Increment Allocation Redevelopment Act and construction projects in a River Edge Redevelopment Zone as defined in the River Edge Redevelopment Zone Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4432 Detail]
Download: Illinois-2021-HB4432-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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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.
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13 | As used in this Act, unless the context indicates | |||||||||||||||||||
14 | otherwise:
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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
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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
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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 | and (iii) all projects undertaken under a public-private | ||||||
21 | agreement under the Public-Private Partnerships for | ||||||
22 | Transportation Act. "Public works" also includes all projects | ||||||
23 | at leased facility property used for airport purposes under | ||||||
24 | Section 35 of the Local Government Facility Lease Act. "Public | ||||||
25 | works" also includes the construction of a new wind power | ||||||
26 | facility by a business designated as a High Impact Business |
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1 | under Section 5.5(a)(3)(E) and the construction of a new | ||||||
2 | utility-scale solar power facility by a business designated as | ||||||
3 | a High Impact Business under Section 5.5(a)(3)(E-5) of the | ||||||
4 | Illinois Enterprise Zone Act.
"Public works" also includes | ||||||
5 | electric vehicle charging station projects financed pursuant | ||||||
6 | to the Electric Vehicle Act and renewable energy projects | ||||||
7 | required to pay the prevailing wage pursuant to the Illinois | ||||||
8 | Power Agency Act. "Public works" also includes construction | ||||||
9 | projects in a designated redevelopment project area as defined | ||||||
10 | in the Tax Increment Allocation Redevelopment Act and | ||||||
11 | construction projects in a River Edge Redevelopment Zone as | ||||||
12 | defined in the River Edge Redevelopment Zone Act. "Public | ||||||
13 | works" does not include work done directly by any public | ||||||
14 | utility company, whether or not done under public supervision | ||||||
15 | or direction, or paid for wholly or in part out of public | ||||||
16 | funds. "Public works" also includes construction projects | ||||||
17 | performed by a third party contracted by any public utility, | ||||||
18 | as described in subsection (a) of Section 2.1, in public | ||||||
19 | rights-of-way, as defined in Section 21-201 of the Public | ||||||
20 | Utilities Act, whether or not done under public supervision or | ||||||
21 | direction, or paid for wholly or in part out of public funds. | ||||||
22 | "Public works" also includes construction projects that exceed | ||||||
23 | 15 aggregate miles of new fiber optic cable, performed by a | ||||||
24 | third party contracted by any public utility, as described in | ||||||
25 | subsection (b) of Section 2.1, in public rights-of-way, as | ||||||
26 | defined in Section 21-201 of the Public Utilities Act, whether |
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1 | or not done under public supervision or direction, or paid for | ||||||
2 | wholly or in part out of public funds. "Public works" also | ||||||
3 | includes any corrective action performed pursuant to Title XVI | ||||||
4 | of the Environmental Protection Act for which payment from the | ||||||
5 | Underground Storage Tank Fund is requested. "Public works" | ||||||
6 | does not include projects undertaken by the owner at an | ||||||
7 | owner-occupied single-family residence or at an owner-occupied | ||||||
8 | unit of a multi-family residence. "Public works" does not | ||||||
9 | include work performed for soil and water conservation | ||||||
10 | purposes on agricultural lands, whether or not done under | ||||||
11 | public supervision or paid for wholly or in part out of public | ||||||
12 | funds, done directly by an owner or person who has legal | ||||||
13 | control of those lands.
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14 | "Construction" means all work on public works involving | ||||||
15 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
16 | repair, assembly, or disassembly work performed on equipment | ||||||
17 | whether owned, leased, or rented.
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18 | "Locality" means the county where the physical work upon | ||||||
19 | public works
is performed, except (1) that if there is not | ||||||
20 | available in the county a
sufficient number of competent | ||||||
21 | skilled laborers, workers and mechanics
to construct the | ||||||
22 | public works efficiently and properly, "locality"
includes any | ||||||
23 | other county nearest the one in which the work or
construction | ||||||
24 | is to be performed and from which such persons may be
obtained | ||||||
25 | in sufficient numbers to perform the work and (2) that, with
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26 | respect to contracts for highway work with the Department of
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1 | Transportation of this State, "locality" may at the discretion | ||||||
2 | of the
Secretary of the Department of Transportation be | ||||||
3 | construed to include
two or more adjacent counties from which | ||||||
4 | workers may be accessible for
work on such construction.
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5 | "Public body" means the State or any officer, board or | ||||||
6 | commission of
the State or any political subdivision or | ||||||
7 | department thereof, or any
institution supported in whole or | ||||||
8 | in part by public funds,
and includes every county, city, | ||||||
9 | town,
village, township, school district, irrigation, utility, | ||||||
10 | reclamation
improvement or other district and every other | ||||||
11 | political subdivision,
district or municipality of the state | ||||||
12 | whether such political
subdivision, municipality or district | ||||||
13 | operates under a special charter
or not.
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14 | "Labor organization" means an organization that is the | ||||||
15 | exclusive representative of an
employer's employees recognized | ||||||
16 | or certified pursuant to the National Labor Relations Act. | ||||||
17 | The terms "general prevailing rate of hourly wages", | ||||||
18 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
19 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
20 | annualized fringe benefits for training and
apprenticeship | ||||||
21 | programs approved by the U.S. Department of Labor, Bureau of
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22 | Apprenticeship and Training, health and welfare, insurance, | ||||||
23 | vacations and
pensions paid generally, in the
locality in | ||||||
24 | which the work is being performed, to employees engaged in
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25 | work of a similar character on public works.
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26 | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
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1 | 102-673, eff. 11-30-21; revised 12-9-21.)
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