Rep. Michael W. Tryon

Filed: 3/22/2012

 

 


 

 


 
09700HB4787ham001LRB097 17355 JLS 67630 a

1
AMENDMENT TO HOUSE BILL 4787

2    AMENDMENT NO. ______. Amend House Bill 4787 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Prevailing Wage Act is amended by changing
5Section 2 and adding Section 4.5 as follows:
 
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. Except for projects with a total cost of $20,000 or
8less, this This Act applies to the wages of laborers, mechanics
9and other workers employed in any public works, as hereinafter
10defined, by any public body and to anyone under contracts for
11public works. This includes any maintenance, repair, assembly,
12or disassembly work performed on equipment whether owned,
13leased, or rented.
14    As used in this Act, unless the context indicates
15otherwise:
16    "Public works" means all fixed works constructed or

 

 

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1demolished by any public body, or paid for wholly or in part
2out of public funds. "Public works" as defined herein includes
3all projects financed in whole or in part with bonds, grants,
4loans, or other funds made available by or through the State or
5any of its political subdivisions, including but not limited
6to: bonds issued under the Industrial Project Revenue Bond Act
7(Article 11, Division 74 of the Illinois Municipal Code), the
8Industrial Building Revenue Bond Act, the Illinois Finance
9Authority Act, the Illinois Sports Facilities Authority Act, or
10the Build Illinois Bond Act; loans or other funds made
11available pursuant to the Build Illinois Act; or funds from the
12Fund for Illinois' Future under Section 6z-47 of the State
13Finance Act, funds for school construction under Section 5 of
14the General Obligation Bond Act, funds authorized under Section
153 of the School Construction Bond Act, funds for school
16infrastructure under Section 6z-45 of the State Finance Act,
17and funds for transportation purposes under Section 4 of the
18General Obligation Bond Act. "Public works" also includes (i)
19all projects financed in whole or in part with funds from the
20Department of Commerce and Economic Opportunity under the
21Illinois Renewable Fuels Development Program Act for which
22there is no project labor agreement and (ii) all work performed
23pursuant to a public private agreement under the Public Private
24Agreements for the Illiana Expressway Act. "Public works" also
25includes all projects at leased facility property used for
26airport purposes under Section 35 of the Local Government

 

 

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1Facility Lease Act. "Public works" also includes the
2construction of a new wind power facility by a business
3designated as a High Impact Business under Section 5.5(a)(3)(E)
4of the Illinois Enterprise Zone Act. "Public works" does not
5include work done directly by any public utility company,
6whether or not done under public supervision or direction, or
7paid for wholly or in part out of public funds. "Public works"
8does not include projects undertaken by the owner at an
9owner-occupied single-family residence or at an owner-occupied
10unit of a multi-family residence.
11    "Construction" means all work on public works involving
12laborers, workers or mechanics. This includes any maintenance,
13repair, assembly, or disassembly work performed on equipment
14whether owned, leased, or rented.
15    "Locality" means the county where the physical work upon
16public works is performed, except (1) that if there is not
17available in the county a sufficient number of competent
18skilled laborers, workers and mechanics to construct the public
19works efficiently and properly, "locality" includes any other
20county nearest the one in which the work or construction is to
21be performed and from which such persons may be obtained in
22sufficient numbers to perform the work and (2) that, with
23respect to contracts for highway work with the Department of
24Transportation of this State, "locality" may at the discretion
25of the Secretary of the Department of Transportation be
26construed to include two or more adjacent counties from which

 

 

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1workers may be accessible for work on such construction.
2    "Public body" means the State or any officer, board or
3commission of the State or any political subdivision or
4department thereof, or any institution supported in whole or in
5part by public funds, and includes every county, city, town,
6village, township, school district, irrigation, utility,
7reclamation improvement or other district and every other
8political subdivision, district or municipality of the state
9whether such political subdivision, municipality or district
10operates under a special charter or not.
11    The terms "general prevailing rate of hourly wages",
12"general prevailing rate of wages" or "prevailing rate of
13wages" when used in this Act mean the hourly cash wages plus
14fringe benefits for training and apprenticeship programs
15approved by the U.S. Department of Labor, Bureau of
16Apprenticeship and Training, health and welfare, insurance,
17vacations and pensions paid generally, in the locality in which
18the work is being performed, to employees engaged in work of a
19similar character on public works.
20(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
21eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
22eff. 7-2-10.)
 
23    (820 ILCS 130/4.5 new)
24    Sec. 4.5. Prevailing Wage Task Force.
25    (a) Task Force. The Prevailing Wage Task Force is created.

 

 

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1The members of the Task Force shall be appointed no later than
2September 1, 2012.
3    (b) Report. No later than December 1 of each year, the Task
4Force shall report to the Governor and the General Assembly its
5recommendations for legislation to provide local governments
6with relief from the requirements of this Act. The Task Force
7shall issue its first report no later than December 1, 2012.
8    (c) Composition. The following members shall comprise the
9Task Force:
10        (1) One Democratic member of the Senate appointed by
11    the President of the Senate and one Republican member of
12    the Senate appointed by the Minority Leader of the Senate.
13        (2) One Democratic member of the House of
14    Representatives appointed by the Speaker of the House of
15    Representatives and one Republican member of the House of
16    Representatives appointed by the Minority Leader of the
17    House of Representatives.
18        (3) Three members representative of organized labor or
19    labor trade councils appointed by the Governor.
20        (4) One member selected by the Illinois Municipal
21    League.
22        (5) One member selected from one of the member Councils
23    of Government of the Metropolitan Mayors Caucus.
24        (6) One member selected by Metro Counties.
25        (7) One member selected by the Illinois Landscape
26    Contractors Association.

 

 

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1    The initial appointment of members to the Task Force shall
2provide for 4 groups of members. Three of the groups shall
3consist of 3 members and one group shall consist of 2 members.
4The composition of the groups shall be determined by lot. The
5group consisting of 2 members shall serve an initial term of 4
6years. Of the 3 remaining groups, one group shall serve an
7initial term of one year, one group shall serve an initial term
8of 2 years, and one group shall serve an initial term of 3
9years. The length of the initial terms of the 3-person groups
10shall be determined by lot. Successors shall serve a term of 4
11years. If a vacancy occurs, the appropriate appointing
12authority shall appoint a person to serve the unexpired portion
13of the term.
14    (d) Organization. The Task Force shall elect a chairperson
15and a vice-chairperson who may not be members of the same
16political party. Six members of the Task Force constitute a
17quorum. The chairperson or, in the absence of the chairperson,
18the vice-chairperson shall have the right to convene a Task
19Force meeting and call the meeting to order. The Task Force
20shall meet at least one time each calendar quarter.
21    (e) Compensation. Members of the Task Force shall not
22receive compensation for performance of their duties, but may
23be reimbursed for actual and necessary expenses incurred in
24performing the duties associated with the Task Force from
25moneys appropriated for that purpose.
26    (f) Administrative support. The Department of Commerce and

 

 

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1Economic Opportunity shall provide administrative and staff
2support to the Task Force.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".