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Public Act 098-0740
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| HB5606 Enrolled | LRB098 17050 JLS 52135 b |
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AN ACT concerning wages.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Prevailing Wage Act is amended by changing |
Section 2 as follows:
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(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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Sec. 2. This Act applies to the wages of laborers, |
mechanics and
other workers employed in any public works, as |
hereinafter defined, by
any public body and to anyone under |
contracts for public works. This includes any maintenance, |
repair, assembly, or disassembly work performed on equipment |
whether owned, leased, or rented.
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As used in this Act, unless the context indicates |
otherwise:
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"Public works" means all fixed works constructed or |
demolished by
any public body,
or paid for wholly or in part |
out of public funds. "Public works" as
defined herein includes |
all projects financed in whole
or in part with bonds, grants, |
loans, or other funds made available by or through the State or |
any of its political subdivisions, including but not limited |
to: bonds issued under the Industrial Project Revenue Bond
Act |
(Article 11, Division 74 of the Illinois Municipal Code), the |
Industrial
Building Revenue Bond Act, the Illinois Finance |
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Authority Act,
the Illinois Sports Facilities Authority Act, or |
the Build Illinois Bond Act; loans or other funds made
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available pursuant to the Build Illinois Act; loans or other |
funds made available pursuant to the Riverfront Development |
Fund under Section 10-15 of the River Edge Redevelopment Zone |
Act; or funds from the Fund for
Illinois' Future under Section |
6z-47 of the State Finance Act, funds for school
construction |
under Section 5 of the General Obligation Bond Act, funds
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authorized under Section 3 of the School Construction Bond Act, |
funds for
school infrastructure under Section 6z-45 of the |
State Finance Act, and funds
for transportation purposes under |
Section 4 of the General Obligation Bond
Act. "Public works" |
also includes (i) all projects financed in whole or in part
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with funds from the Department of Commerce and Economic |
Opportunity under the Illinois Renewable Fuels Development |
Program
Act for which there is no project labor agreement; (ii) |
all work performed pursuant to a public private agreement under |
the Public Private Agreements for the Illiana Expressway Act or |
the Public-Private Agreements for the South Suburban Airport |
Act; and (iii) all projects undertaken under a public-private |
agreement under the Public-Private Partnerships for |
Transportation Act. "Public works" also includes all projects |
at leased facility property used for airport purposes under |
Section 35 of the Local Government Facility Lease Act. "Public |
works" also includes the construction of a new wind power |
facility by a business designated as a High Impact Business |
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under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
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"Public works" does not include work done directly by any |
public utility company, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds. "Public works" also includes any corrective |
action performed pursuant to Title XVI of the Environmental |
Protection Act for which payment from the Underground Storage |
Tank Fund is requested. "Public works" does not include |
projects undertaken by the owner at an owner-occupied |
single-family residence or at an owner-occupied unit of a |
multi-family residence. "Public works" does not include work |
performed for soil and water conservation purposes on |
agricultural lands, whether or not done under public |
supervision or paid for wholly or in part out of public funds, |
done directly by an owner or person who has legal control of |
those lands.
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"Construction" means all work on public works involving |
laborers,
workers or mechanics. This includes any maintenance, |
repair, assembly, or disassembly work performed on equipment |
whether owned, leased, or rented.
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"Locality" means the county where the physical work upon |
public works
is performed, except (1) that if there is not |
available in the county a
sufficient number of competent |
skilled laborers, workers and mechanics
to construct the public |
works efficiently and properly, "locality"
includes any other |
county nearest the one in which the work or
construction is to |
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be performed and from which such persons may be
obtained in |
sufficient numbers to perform the work and (2) that, with
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respect to contracts for highway work with the Department of
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Transportation of this State, "locality" may at the discretion |
of the
Secretary of the Department of Transportation be |
construed to include
two or more adjacent counties from which |
workers may be accessible for
work on such construction.
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"Public body" means the State or any officer, board or |
commission of
the State or any political subdivision or |
department thereof, or any
institution supported in whole or in |
part by public funds,
and includes every county, city, town,
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village, township, school district, irrigation, utility, |
reclamation
improvement or other district and every other |
political subdivision,
district or municipality of the state |
whether such political
subdivision, municipality or district |
operates under a special charter
or not.
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The terms "general prevailing rate of hourly wages", |
"general
prevailing rate of wages" or "prevailing rate of |
wages" when used in
this Act mean the hourly cash wages plus |
annualized fringe benefits for training and
apprenticeship |
programs approved by the U.S. Department of Labor, Bureau of
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Apprenticeship and Training, health and welfare, insurance, |
vacations and
pensions paid generally, in the
locality in which |
the work is being performed, to employees engaged in
work of a |
similar character on public works.
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(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; |