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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.
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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
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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.)