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90_HB0724 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the Act applies when a public utility company contracts with an outside contractor on specified construction projects. LRB9000513WHmgA LRB9000513WHmgA 1 AN ACT to amend the Prevailing Wage Act by changing 2 Section 2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Prevailing Wage Act is amended by changing 6 Section 2 as follows: 7 (820 ILCS 130/2) (from Ch. 48, par. 39s-2) 8 Sec. 2. This Act applies to the wages of laborers, 9 mechanics and other workers employed in any public works, as 10 hereinafter defined, by any public body and to anyone under 11 contracts for public works. 12 As used in this Act, unless the context indicates 13 otherwise: 14 "Public works" means all fixed works constructed for 15 public use by any public body, other than work done directly 16 by any public utility company (except as otherwise provided 17 in this Section), whether or not done under public 18 supervision or direction, or paid for wholly or in part out 19 of public funds. "Public works" as defined herein includes 20 all projects financed in whole or in part with bonds issued 21 under the Industrial Project Revenue Bond Act (Article 11, 22 Division 74 of the Illinois Municipal Code), as now or 23 hereafter amended, the Industrial Building Revenue Bond Act, 24 as now or hereafter amended, the Illinois Development Finance 25 Authority Act, as now or hereafter amended, or the Build 26 Illinois Bond Act, as now or hereafter amended, and all 27 projects financed in whole or in part with loans or other 28 funds made available pursuant to The Build Illinois Act, as 29 now or hereafter amended. 30 "Construction" means all work on public works involving 31 laborers, workers or mechanics. -2- LRB9000513WHmgA 1 "Locality" means the county where the physical work upon 2 public works is performed, except (1) that if there is not 3 available in the county a sufficient number of competent 4 skilled laborers, workers and mechanics to construct the 5 public works efficiently and properly, "locality" includes 6 any other county nearest the one in which the work or 7 construction is to be performed and from which such persons 8 may be obtained in sufficient numbers to perform the work and 9 (2) that, with respect to contracts for highway work with the 10 Department of Transportation of this State, "locality" may at 11 the discretion of the Secretary of the Department of 12 Transportation be construed to include two or more adjacent 13 counties from which workers may be accessible for work on 14 such construction. 15 "Public body" means the State or any officer, board or 16 commission of the State or any political subdivision or 17 department thereof, or any institution supported in whole or 18 in part by public funds, authorized by law to construct 19 public works or to enter into any contract for the 20 construction of public works, and includes every county, 21 city, town, village, township, school district, irrigation, 22 utility, reclamation improvement or other district and every 23 other political subdivision, district or municipality of the 24 state whether such political subdivision, municipality or 25 district operates under a special charter or not. 26 The terms "general prevailing rate of hourly wages", 27 "general prevailing rate of wages" or "prevailing rate of 28 wages" when used in this Act mean the hourly cash wages plus 29 fringe benefits for health and welfare, insurance, vacations 30 and pensions paid generally, in the locality in which the 31 work is being performed, to employees engaged in work of a 32 similar character on public works. 33 Notwithstanding any other provision of this Act, whenever 34 a public utility company contracts with an outside contractor -3- LRB9000513WHmgA 1 on any construction project that includes utility 2 installation, right of way, mainline, tap and feeder 3 projects, laying of distribution pipes, line or cable for 4 station, main, and service work, the project shall be 5 considered "public work" for purposes of this Act and the 6 public utility company shall be considered a "public body" 7 for purposes of this Act, and this Act shall apply to the 8 public utility company and to the contractor, its 9 subcontractors, and their laborers, workers, and mechanics. 10 (Source: P.A. 86-799; 86-1028.)