Bill Text: IL SB1649 | 2019-2020 | 101st 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) 2019-03-28 - Rule 3-9(a) / Re-referred to Assignments [SB1649 Detail]

Download: Illinois-2019-SB1649-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1649

Introduced 2/15/2019, 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 (Text of Section before amendment by P.A. 100-1177)
8 Sec. 2. This Act applies to the wages of laborers,
9mechanics and other workers employed in any public works, as
10hereinafter defined, by any public body and to anyone under
11contracts for public works. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14 As used in this Act, unless the context indicates
15otherwise:
16 "Public works" means all fixed works constructed or
17demolished by any public body, or paid for wholly or in part
18out of public funds. "Public works" as defined herein includes
19all projects financed in whole or in part with bonds, grants,
20loans, or other funds made available by or through the State or
21any of its political subdivisions, including but not limited
22to: bonds issued under the Industrial Project Revenue Bond Act
23(Article 11, Division 74 of the Illinois Municipal Code), the

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1Industrial Building Revenue Bond Act, the Illinois Finance
2Authority Act, the Illinois Sports Facilities Authority Act, or
3the Build Illinois Bond Act; loans or other funds made
4available pursuant to the Build Illinois Act; loans or other
5funds made available pursuant to the Riverfront Development
6Fund under Section 10-15 of the River Edge Redevelopment Zone
7Act; or funds from the Fund for Illinois' Future under Section
86z-47 of the State Finance Act, funds for school construction
9under Section 5 of the General Obligation Bond Act, funds
10authorized under Section 3 of the School Construction Bond Act,
11funds for school infrastructure under Section 6z-45 of the
12State Finance Act, and funds for transportation purposes under
13Section 4 of the General Obligation Bond Act. "Public works"
14also includes (i) all projects financed in whole or in part
15with funds from the Department of Commerce and Economic
16Opportunity under the Illinois Renewable Fuels Development
17Program Act for which there is no project labor agreement; (ii)
18all work performed pursuant to a public private agreement under
19the Public Private Agreements for the Illiana Expressway Act or
20the Public-Private Agreements for the South Suburban Airport
21Act; and (iii) all projects undertaken under a public-private
22agreement under the Public-Private Partnerships for
23Transportation Act. "Public works" also includes all projects
24at leased facility property used for airport purposes under
25Section 35 of the Local Government Facility Lease Act. "Public
26works" also includes the construction of a new wind power

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

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1county nearest the one in which the work or construction is to
2be performed and from which such persons may be obtained in
3sufficient numbers to perform the work and (2) that, with
4respect to contracts for highway work with the Department of
5Transportation of this State, "locality" may at the discretion
6of the Secretary of the Department of Transportation be
7construed to include two or more adjacent counties from which
8workers may be accessible for work on such construction.
9 "Public body" means the State or any officer, board or
10commission of the State or any political subdivision or
11department thereof, or any institution supported in whole or in
12part by public funds, and includes every county, city, town,
13village, township, school district, irrigation, utility,
14reclamation improvement or other district and every other
15political subdivision, district or municipality of the state
16whether such political subdivision, municipality or district
17operates under a special charter or not.
18 The terms "general prevailing rate of hourly wages",
19"general prevailing rate of wages" or "prevailing rate of
20wages" when used in this Act mean the hourly cash wages plus
21annualized fringe benefits for training and apprenticeship
22programs approved by the U.S. Department of Labor, Bureau of
23Apprenticeship and Training, health and welfare, insurance,
24vacations and pensions paid generally, in the locality in which
25the work is being performed, to employees engaged in work of a
26similar character on public works.

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1(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
298-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
37-16-14.)
4 (Text of Section after amendment by P.A. 100-1177)
5 Sec. 2. This Act applies to the wages of laborers,
6mechanics and other workers employed in any public works, as
7hereinafter defined, by any public body and to anyone under
8contracts for public works. This includes any maintenance,
9repair, assembly, or disassembly work performed on equipment
10whether owned, leased, or rented.
11 As used in this Act, unless the context indicates
12otherwise:
13 "Public works" means all fixed works constructed or
14demolished by any public body, or paid for wholly or in part
15out of public funds. "Public works" as defined herein includes
16all projects financed in whole or in part with bonds, grants,
17loans, or other funds made available by or through the State or
18any of its political subdivisions, including but not limited
19to: bonds issued under the Industrial Project Revenue Bond Act
20(Article 11, Division 74 of the Illinois Municipal Code), the
21Industrial Building Revenue Bond Act, the Illinois Finance
22Authority Act, the Illinois Sports Facilities Authority Act, or
23the Build Illinois Bond Act; loans or other funds made
24available pursuant to the Build Illinois Act; loans or other
25funds made available pursuant to the Riverfront Development

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1Fund under Section 10-15 of the River Edge Redevelopment Zone
2Act; or funds from the Fund for Illinois' Future under Section
36z-47 of the State Finance Act, funds for school construction
4under Section 5 of the General Obligation Bond Act, funds
5authorized under Section 3 of the School Construction Bond Act,
6funds for school infrastructure under Section 6z-45 of the
7State Finance Act, and funds for transportation purposes under
8Section 4 of the General Obligation Bond Act. "Public works"
9also includes (i) all projects financed in whole or in part
10with funds from the Department of Commerce and Economic
11Opportunity under the Illinois Renewable Fuels Development
12Program Act for which there is no project labor agreement; (ii)
13all work performed pursuant to a public private agreement under
14the Public Private Agreements for the Illiana Expressway Act or
15the Public-Private Agreements for the South Suburban Airport
16Act; and (iii) all projects undertaken under a public-private
17agreement under the Public-Private Partnerships for
18Transportation Act. "Public works" also includes all projects
19at leased facility property used for airport purposes under
20Section 35 of the Local Government Facility Lease Act. "Public
21works" also includes the construction of a new wind power
22facility by a business designated as a High Impact Business
23under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
24"Public works" does not include work done directly by any
25public utility company, whether or not done under public
26supervision or direction, or paid for wholly or in part out of

SB1649- 7 -LRB101 09150 JLS 54244 b
1public funds. "Public works" also includes any corrective
2action performed pursuant to Title XVI of the Environmental
3Protection Act for which payment from the Underground Storage
4Tank Fund is requested. "Public works" does not include
5projects undertaken by the owner at an owner-occupied
6single-family residence or at an owner-occupied unit of a
7multi-family residence. "Public works" does not include work
8performed for soil and water conservation purposes on
9agricultural lands, whether or not done under public
10supervision or paid for wholly or in part out of public funds,
11done directly by an owner or person who has legal control of
12those lands.
13 "Construction" means all work on public works involving
14laborers, workers or mechanics. This includes any maintenance,
15repair, assembly, or disassembly work performed on equipment
16whether owned, leased, or rented.
17 "Locality" means the county where the physical work upon
18public works is performed, except (1) that if there is not
19available in the county a sufficient number of competent
20skilled laborers, workers and mechanics to construct the public
21works efficiently and properly, "locality" includes any other
22county nearest the one in which the work or construction is to
23be performed and from which such persons may be obtained in
24sufficient numbers to perform the work and (2) that, with
25respect to contracts for highway work with the Department of
26Transportation of this State, "locality" may at the discretion

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

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1or certified pursuant to the National Labor Relations Act.
2 The terms "general prevailing rate of hourly wages",
3"general prevailing rate of wages" or "prevailing rate of
4wages" when used in this Act mean the hourly cash wages plus
5annualized fringe benefits for training and apprenticeship
6programs approved by the U.S. Department of Labor, Bureau of
7Apprenticeship and Training, health and welfare, insurance,
8vacations and pensions paid generally, in the locality in which
9the work is being performed, to employees engaged in work of a
10similar character on public works.
11(Source: P.A. 100-1177, eff. 6-1-19.)
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