Illinois General Assembly - Full Text of Public Act 096-0058
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Public Act 096-0058


 

Public Act 0058 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0058
 
SB0223 Enrolled LRB096 04752 WGH 14816 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Prevailing Wage Act is amended by changing
Section 2 as follows:
 
    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
    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.
    As used in this Act, unless the context indicates
otherwise:
    "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, 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 Authority Act,
the Illinois 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; or . "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 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. "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" 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.
    "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.
    "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
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
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.
    "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,
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.
    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
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.
(Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)

Effective Date: 1/1/2010