Bill Text: IL HB4523 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Prevailing Wage Act. Provides that projects that are funded, in whole or in part, using special service area funds are not considered public works.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4523 Detail]

Download: Illinois-2023-HB4523-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4523 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED:
820 ILCS 130/2
Amends the Prevailing Wage Act. Provides that projects that are funded, in whole or in part, using special service area funds are not considered public works.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance

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Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act
or the Department of Natural Resources World Shooting and
Recreational Complex Act; and (iv) all transportation
facilities undertaken under a design-build contract or a
Construction Manager/General Contractor contract under the
Innovations for Transportation Infrastructure Act. "Public

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works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes
the construction of a new wind power facility by a business
designated as a High Impact Business under Section
5.5(a)(3)(E) and the construction of a new utility-scale solar
power facility by a business designated as a High Impact
Business under Section 5.5(a)(3)(E-5) of the Illinois
Enterprise Zone Act. "Public works" also includes electric
vehicle charging station projects financed pursuant to the
Electric Vehicle Act and renewable energy projects required to
pay the prevailing wage pursuant to the Illinois Power Agency
Act. "Public works" also includes power washing projects by a
public body or paid for wholly or in part out of public funds
in which steam or pressurized water, with or without added
abrasives or chemicals, is used to remove paint or other
coatings, oils or grease, corrosion, or debris from a surface
or to prepare a surface for a coating. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
also includes construction projects performed by a third party
contracted by any public utility, as described in subsection
(a) of Section 2.1, in public rights-of-way, as defined in
Section 21-201 of the Public Utilities Act, whether or not
done under public supervision or direction, or paid for wholly

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or in part out of public funds. "Public works" also includes
construction projects that exceed 15 aggregate miles of new
fiber optic cable, performed by a third party contracted by
any public utility, as described in subsection (b) of Section
2.1, in public rights-of-way, as defined in Section 21-201 of
the Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" also 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, unless the project is performed by employees
employed directly by the public body. "Public works" also
includes work performed subject to the Mechanical Insulation
Energy and Safety Assessment Act. "Public works" also includes
the removal, hauling, and transportation of biosolids, lime
sludge, and lime residue from a water treatment plant or
facility and the disposal of biosolids, lime sludge, and lime
residue removed from a water treatment plant or facility at a
landfill. "Public works" does not include projects undertaken
by the owner at an owner-occupied single-family residence or

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at an owner-occupied unit of a multi-family residence. "Public
works" does not include work performed for soil and water
conservation purposes on agricultural lands, whether or not
done under public supervision or paid for wholly or in part out
of public funds, done directly by an owner or person who has
legal control of those lands. "Public works" does not include
projects that are funded, in whole or in part, using special
service area funds.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or

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