Bill Text: IL SB0959 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Prevailing Wage Act. Provides that "public utility company" means: (1) a privately owned public utility as defined and regulated under the Public Utilities Act; (2) a public utility that is owned and operated by any political subdivision, public institution of higher education, or municipal corporation of this State; or (3) a public utility that is owned by a political subdivision, public institution of higher education, or municipal corporation and operated, wholly or in part, by any of its lessees or operating agents. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-04-27 - Rule 3-9(a) / Re-referred to Assignments [SB0959 Detail]

Download: Illinois-2017-SB0959-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0959

Introduced 2/7/2017, by Sen. Jason A. Barickman

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

Amends the Prevailing Wage Act. Provides that "public utility company" means: (1) a privately owned public utility as defined and regulated under the Public Utilities Act; (2) a public utility that is owned and operated by any political subdivision, public institution of higher education, or municipal corporation of this State; or (3) a public utility that is owned by a political subdivision, public institution of higher education, or municipal corporation and operated, wholly or in part, by any of its lessees or operating agents. Makes other changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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

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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. "Public works" also includes all projects
23at leased facility property used for airport purposes under
24Section 35 of the Local Government Facility Lease Act. "Public
25works" also includes the construction of a new wind power
26facility by a business designated as a High Impact Business

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1under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
2"Public works" does not include work done directly by any
3public utility company, whether or not done under public
4supervision or direction, or paid for wholly or in part out of
5public funds. "Public works" also includes any corrective
6action performed pursuant to Title XVI of the Environmental
7Protection Act for which payment from the Underground Storage
8Tank Fund is requested. "Public works" does not include
9projects undertaken by the owner at an owner-occupied
10single-family residence or at an owner-occupied unit of a
11multi-family residence. "Public works" does not include work
12performed for soil and water conservation purposes on
13agricultural lands, whether or not done under public
14supervision or paid for wholly or in part out of public funds,
15done directly by an owner or person who has legal control of
16those lands.
17 "Construction" means all work on public works involving
18laborers, workers or mechanics. This includes any maintenance,
19repair, assembly, or disassembly work performed on equipment
20whether owned, leased, or rented.
21 "Locality" means the county where the physical work upon
22public works is performed, except (1) that if there is not
23available in the county a sufficient number of competent
24skilled laborers, workers and mechanics to construct the public
25works efficiently and properly, "locality" includes any other
26county nearest the one in which the work or construction is to

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1be performed and from which such persons may be obtained in
2sufficient numbers to perform the work and (2) that, with
3respect to contracts for highway work with the Department of
4Transportation of this State, "locality" may at the discretion
5of the Secretary of the Department of Transportation be
6construed to include two or more adjacent counties from which
7workers may be accessible for work on such construction.
8 "Public body" means the State or any officer, board or
9commission of the State or any political subdivision or
10department thereof, or any institution supported in whole or in
11part by public funds, and includes every county, city, town,
12village, township, school district, irrigation, utility,
13reclamation improvement or other district and every other
14political subdivision, district or municipality of the state
15whether such political subdivision, municipality or district
16operates under a special charter or not.
17 "Public utility company" means: (1) a privately owned
18public utility as defined and regulated under the Public
19Utilities Act; (2) a public utility that is owned and operated
20by any political subdivision, public institution of higher
21education, or municipal corporation of this State; or (3) a
22public utility that is owned by a political subdivision, public
23institution of higher education, or municipal corporation and
24operated, wholly or in part, by any of its lessees or operating
25agents. "Lessees or operating agents" includes any person or
26entity operating a publicly owned utility, wholly or in part,

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1under a lease or contract and, with the public owner of the
2utility, is a public utility company.
3 The terms "general prevailing rate of hourly wages",
4"general prevailing rate of wages" or "prevailing rate of
5wages" when used in this Act mean the hourly cash wages plus
6annualized fringe benefits for training and apprenticeship
7programs approved by the U.S. Department of Labor, Bureau of
8Apprenticeship and Training, health and welfare, insurance,
9vacations and pensions paid generally, in the locality in which
10the work is being performed, to employees engaged in work of a
11similar character on public works.
12(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
1398-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
147-16-14.)
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