Illinois 2023-2024 Regular Session

Illinois House Bill HB4523 Compare Versions

Only one version of the bill is available at this time.

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1	1	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. LRB103 36247 HLH 66344 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4523 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 820 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. LRB103 36247 HLH 66344 b LRB103 36247 HLH 66344 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4523 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 130/2 820 ILCS 130/2
4	4	820 ILCS 130/2
5	5	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.
6	6	LRB103 36247 HLH 66344 b LRB103 36247 HLH 66344 b
7	7	LRB103 36247 HLH 66344 b
8	8	A BILL FOR
9	9	HB4523LRB103 36247 HLH 66344 b HB4523 LRB103 36247 HLH 66344 b
10	10	HB4523 LRB103 36247 HLH 66344 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Prevailing Wage Act is amended by changing
15	15	5 Section 2 as follows:
16	16	6 (820 ILCS 130/2)
17	17	7 Sec. 2. This Act applies to the wages of laborers,
18	18	8 mechanics and other workers employed in any public works, as
19	19	9 hereinafter defined, by any public body and to anyone under
20	20	10 contracts for public works. This includes any maintenance,
21	21	11 repair, assembly, or disassembly work performed on equipment
22	22	12 whether owned, leased, or rented.
23	23	13 As used in this Act, unless the context indicates
24	24	14 otherwise:
25	25	15 "Public works" means all fixed works constructed or
26	26	16 demolished by any public body, or paid for wholly or in part
27	27	17 out of public funds. "Public works" as defined herein includes
28	28	18 all projects financed in whole or in part with bonds, grants,
29	29	19 loans, or other funds made available by or through the State or
30	30	20 any of its political subdivisions, including but not limited
31	31	21 to: bonds issued under the Industrial Project Revenue Bond Act
32	32	22 (Article 11, Division 74 of the Illinois Municipal Code), the
33	33	23 Industrial Building Revenue Bond Act, the Illinois Finance
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4523 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 130/2 820 ILCS 130/2
39	39	820 ILCS 130/2
40	40	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.
41	41	LRB103 36247 HLH 66344 b LRB103 36247 HLH 66344 b
42	42	LRB103 36247 HLH 66344 b
43	43	A BILL FOR
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49	49	820 ILCS 130/2
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68	68	1 Authority Act, the Illinois Sports Facilities Authority Act,
69	69	2 or the Build Illinois Bond Act; loans or other funds made
70	70	3 available pursuant to the Build Illinois Act; loans or other
71	71	4 funds made available pursuant to the Riverfront Development
72	72	5 Fund under Section 10-15 of the River Edge Redevelopment Zone
73	73	6 Act; or funds from the Fund for Illinois' Future under Section
74	74	7 6z-47 of the State Finance Act, funds for school construction
75	75	8 under Section 5 of the General Obligation Bond Act, funds
76	76	9 authorized under Section 3 of the School Construction Bond
77	77	10 Act, funds for school infrastructure under Section 6z-45 of
78	78	11 the State Finance Act, and funds for transportation purposes
79	79	12 under Section 4 of the General Obligation Bond Act. "Public
80	80	13 works" also includes (i) all projects financed in whole or in
81	81	14 part with funds from the Environmental Protection Agency under
82	82	15 the Illinois Renewable Fuels Development Program Act for which
83	83	16 there is no project labor agreement; (ii) all work performed
84	84	17 pursuant to a public private agreement under the Public
85	85	18 Private Agreements for the Illiana Expressway Act or the
86	86	19 Public-Private Agreements for the South Suburban Airport Act;
87	87	20 (iii) all projects undertaken under a public-private agreement
88	88	21 under the Public-Private Partnerships for Transportation Act
89	89	22 or the Department of Natural Resources World Shooting and
90	90	23 Recreational Complex Act; and (iv) all transportation
91	91	24 facilities undertaken under a design-build contract or a
92	92	25 Construction Manager/General Contractor contract under the
93	93	26 Innovations for Transportation Infrastructure Act. "Public
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104	104	1 works" also includes all projects at leased facility property
105	105	2 used for airport purposes under Section 35 of the Local
106	106	3 Government Facility Lease Act. "Public works" also includes
107	107	4 the construction of a new wind power facility by a business
108	108	5 designated as a High Impact Business under Section
109	109	6 5.5(a)(3)(E) and the construction of a new utility-scale solar
110	110	7 power facility by a business designated as a High Impact
111	111	8 Business under Section 5.5(a)(3)(E-5) of the Illinois
112	112	9 Enterprise Zone Act. "Public works" also includes electric
113	113	10 vehicle charging station projects financed pursuant to the
114	114	11 Electric Vehicle Act and renewable energy projects required to
115	115	12 pay the prevailing wage pursuant to the Illinois Power Agency
116	116	13 Act. "Public works" also includes power washing projects by a
117	117	14 public body or paid for wholly or in part out of public funds
118	118	15 in which steam or pressurized water, with or without added
119	119	16 abrasives or chemicals, is used to remove paint or other
120	120	17 coatings, oils or grease, corrosion, or debris from a surface
121	121	18 or to prepare a surface for a coating. "Public works" does not
122	122	19 include work done directly by any public utility company,
123	123	20 whether or not done under public supervision or direction, or
124	124	21 paid for wholly or in part out of public funds. "Public works"
125	125	22 also includes construction projects performed by a third party
126	126	23 contracted by any public utility, as described in subsection
127	127	24 (a) of Section 2.1, in public rights-of-way, as defined in
128	128	25 Section 21-201 of the Public Utilities Act, whether or not
129	129	26 done under public supervision or direction, or paid for wholly
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140	140	1 or in part out of public funds. "Public works" also includes
141	141	2 construction projects that exceed 15 aggregate miles of new
142	142	3 fiber optic cable, performed by a third party contracted by
143	143	4 any public utility, as described in subsection (b) of Section
144	144	5 2.1, in public rights-of-way, as defined in Section 21-201 of
145	145	6 the Public Utilities Act, whether or not done under public
146	146	7 supervision or direction, or paid for wholly or in part out of
147	147	8 public funds. "Public works" also includes any corrective
148	148	9 action performed pursuant to Title XVI of the Environmental
149	149	10 Protection Act for which payment from the Underground Storage
150	150	11 Tank Fund is requested. "Public works" also includes all
151	151	12 construction projects involving fixtures or permanent
152	152	13 attachments affixed to light poles that are owned by a public
153	153	14 body, including street light poles, traffic light poles, and
154	154	15 other lighting fixtures, whether or not done under public
155	155	16 supervision or direction, or paid for wholly or in part out of
156	156	17 public funds, unless the project is performed by employees
157	157	18 employed directly by the public body. "Public works" also
158	158	19 includes work performed subject to the Mechanical Insulation
159	159	20 Energy and Safety Assessment Act. "Public works" also includes
160	160	21 the removal, hauling, and transportation of biosolids, lime
161	161	22 sludge, and lime residue from a water treatment plant or
162	162	23 facility and the disposal of biosolids, lime sludge, and lime
163	163	24 residue removed from a water treatment plant or facility at a
164	164	25 landfill. "Public works" does not include projects undertaken
165	165	26 by the owner at an owner-occupied single-family residence or
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176	176	1 at an owner-occupied unit of a multi-family residence. "Public
177	177	2 works" does not include work performed for soil and water
178	178	3 conservation purposes on agricultural lands, whether or not
179	179	4 done under public supervision or paid for wholly or in part out
180	180	5 of public funds, done directly by an owner or person who has
181	181	6 legal control of those lands. "Public works" does not include
182	182	7 projects that are funded, in whole or in part, using special
183	183	8 service area funds.
184	184	9 "Construction" means all work on public works involving
185	185	10 laborers, workers or mechanics. This includes any maintenance,
186	186	11 repair, assembly, or disassembly work performed on equipment
187	187	12 whether owned, leased, or rented.
188	188	13 "Locality" means the county where the physical work upon
189	189	14 public works is performed, except (1) that if there is not
190	190	15 available in the county a sufficient number of competent
191	191	16 skilled laborers, workers and mechanics to construct the
192	192	17 public works efficiently and properly, "locality" includes any
193	193	18 other county nearest the one in which the work or construction
194	194	19 is to be performed and from which such persons may be obtained
195	195	20 in sufficient numbers to perform the work and (2) that, with
196	196	21 respect to contracts for highway work with the Department of
197	197	22 Transportation of this State, "locality" may at the discretion
198	198	23 of the Secretary of the Department of Transportation be
199	199	24 construed to include two or more adjacent counties from which
200	200	25 workers may be accessible for work on such construction.
201	201	26 "Public body" means the State or any officer, board or
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