Bill Text: IL HB4844 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Prevailing Wage Act. Includes within scope of the term "public works" work performed under an agreement between a public body and a private entity for the development, construction, maintenance, or operation of infrastructure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4844 Detail]

Download: Illinois-2019-HB4844-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4844

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:
820 ILCS 130/2 from Ch. 48, par. 39s-2

Amends the Prevailing Wage Act. Includes within scope of the term "public works" work performed under an agreement between a public body and a private entity for the development, construction, maintenance, or operation of infrastructure.
LRB101 18970 JLS 68429 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4844LRB101 18970 JLS 68429 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Prevailing Wage Act is amended by changing
5Section 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,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13 As used in this Act, unless the context indicates
14otherwise:
15 "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance

HB4844- 2 -LRB101 18970 JLS 68429 b
1Authority Act, the Illinois Sports Facilities Authority Act, or
2the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond Act,
10funds for school infrastructure under Section 6z-45 of the
11State Finance Act, and funds for transportation purposes under
12Section 4 of the General Obligation Bond Act. "Public works"
13also includes (i) all projects financed in whole or in part
14with funds from the Department of Commerce and Economic
15Opportunity under the Illinois Renewable Fuels Development
16Program Act for which there is no project labor agreement; (ii)
17all work performed pursuant to a public private agreement under
18the Public Private Agreements for the Illiana Expressway Act or
19the Public-Private Agreements for the South Suburban Airport
20Act; and (iii) all projects undertaken under a public-private
21agreement under the Public-Private Partnerships for
22Transportation Act; and (iv) any other work performed pursuant
23to an agreement or contract, including all schedules,
24exhibits,and attachments thereto, entered into by a public body
25with a private entity for the development, construction,
26maintenance, or operation of infrastructure. "Public works"

HB4844- 3 -LRB101 18970 JLS 68429 b
1also includes all projects at leased facility property used for
2airport purposes under Section 35 of the Local Government
3Facility Lease Act. "Public works" also includes the
4construction of a new wind power facility by a business
5designated as a High Impact Business under Section 5.5(a)(3)(E)
6of the Illinois Enterprise Zone Act. "Public works" does not
7include work done directly by any public utility company,
8whether or not done under public supervision or direction, or
9paid for wholly or in part out of public funds. "Public works"
10also includes any corrective action performed pursuant to Title
11XVI of the Environmental Protection Act for which payment from
12the Underground Storage Tank Fund is requested. "Public works"
13does not include projects undertaken by the owner at an
14owner-occupied single-family residence or at an owner-occupied
15unit of a multi-family residence. "Public works" does not
16include work performed for soil and water conservation purposes
17on agricultural lands, whether or not done under public
18supervision or paid for wholly or in part out of public funds,
19done directly by an owner or person who has legal control of
20those lands.
21 "Construction" means all work on public works involving
22laborers, workers or mechanics. This includes any maintenance,
23repair, assembly, or disassembly work performed on equipment
24whether owned, leased, or rented.
25 "Locality" means the county where the physical work upon
26public works is performed, except (1) that if there is not

HB4844- 4 -LRB101 18970 JLS 68429 b
1available in the county a sufficient number of competent
2skilled laborers, workers and mechanics to construct the public
3works efficiently and properly, "locality" includes any other
4county nearest the one in which the work or construction is to
5be performed and from which such persons may be obtained in
6sufficient numbers to perform the work and (2) that, with
7respect to contracts for highway work with the Department of
8Transportation of this State, "locality" may at the discretion
9of the Secretary of the Department of Transportation be
10construed to include two or more adjacent counties from which
11workers may be accessible for work on such construction.
12 "Public body" means the State or any officer, board or
13commission of the State or any political subdivision or
14department thereof, or any institution supported in whole or in
15part by public funds, and includes every county, city, town,
16village, township, school district, irrigation, utility,
17reclamation improvement or other district and every other
18political subdivision, district or municipality of the state
19whether such political subdivision, municipality or district
20operates under a special charter or not.
21 "Labor organization" means an organization that is the
22exclusive representative of an employer's employees recognized
23or certified pursuant to the National Labor Relations Act.
24 The terms "general prevailing rate of hourly wages",
25"general prevailing rate of wages" or "prevailing rate of
26wages" when used in this Act mean the hourly cash wages plus

HB4844- 5 -LRB101 18970 JLS 68429 b
1annualized fringe benefits for training and apprenticeship
2programs approved by the U.S. Department of Labor, Bureau of
3Apprenticeship and Training, health and welfare, insurance,
4vacations and pensions paid generally, in the locality in which
5the work is being performed, to employees engaged in work of a
6similar character on public works.
7(Source: P.A. 100-1177, eff. 6-1-19.)
feedback