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Public Act 095-0341
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| HB0985 Enrolled |
LRB095 04734 RLC 24793 b |
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AN ACT concerning employment.
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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 |
Sections 2 and 3 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 by
any |
public body, other than 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" as
defined herein includes all projects |
financed in whole
or in part with 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 Authority Act,
the Illinois |
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Sports Facilities Authority Act, or the Build Illinois Bond |
Act,
and all projects financed in whole or in part with loans |
or other funds made
available pursuant to the Build Illinois |
Act. "Public works" also includes
all projects financed in |
whole or in part with funds from the Fund for
Illinois' Future |
under Section 6z-47 of the State Finance Act, funds for school
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construction under Section 5 of the General Obligation Bond |
Act, funds
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 all projects |
financed in whole or in part
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. "Public works" also includes all projects at |
leased facility property used for airport purposes under |
Section 35 of the Local Government Facility Lease Act.
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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 |
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works efficiently and properly, "locality"
includes any other |
county nearest the one in which the work or
construction is to |
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 |
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 |
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similar character on public works.
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(Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, |
eff. 1-1-04; 94-750, eff. 5-9-06.)
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(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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Sec. 3. Not less than the general prevailing rate of hourly |
wages for
work of a similar character on public works in the |
locality in which the
work is performed, and not less than the |
general prevailing rate of
hourly wages for legal holiday and |
overtime work, shall be paid to all
laborers, workers and |
mechanics employed by or on behalf of any public
body engaged |
in the construction of public works.
This includes any |
maintenance, repair, assembly, or disassembly work performed |
on equipment whether owned, leased, or rented. Only such |
laborers, workers and mechanics as are
directly employed by |
contractors or subcontractors in actual
construction work on |
the site of the building or construction job, and
laborers, |
workers and mechanics engaged in the transportation of
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materials and equipment to or from the site, but not including |
the
transportation by the sellers and suppliers or the |
manufacture or
processing of materials or equipment, in the |
execution of any contract
or contracts for public works with |
any public body shall be deemed to be
employed upon public |
works. The wage for a tradesman performing maintenance
is |
equivalent to that of a tradesman engaged in construction.
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(Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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