State of Illinois
90th General Assembly
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90_SB1654

      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.
                                                     LRB9009366WHpk
                                               LRB9009366WHpk
 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-                LRB9009366WHpk
 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-                LRB9009366WHpk
 1    on any construction, as defined in this  Act,  that  includes
 2    the  transmission or distribution of gases or liquids or that
 3    includes  cable,  telecommunications,  or  electrical   power
 4    systems,  including but not limited to utility line locating,
 5    and all appurtenances and ancillaries, the project  shall  be
 6    considered  "public  work"  for  purposes of this Act and the
 7    public utility company shall be considered  a  "public  body"
 8    for  purposes  of  this  Act, and this Act shall apply to the
 9    public  utility  company   and   to   the   contractor,   its
10    subcontractors,  and  their  construction  employer crafts or
11    trades persons.
12    (Source: P.A. 86-799; 86-1028.)

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