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Public Act 096-0058
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| SB0223 Enrolled |
LRB096 04752 WGH 14816 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Prevailing Wage Act is amended by changing |
Section 2 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, 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 |
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11, Division 74 of the Illinois Municipal Code), the Industrial
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Building Revenue Bond Act, the Illinois Finance Authority Act,
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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 |
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multi-family residence.
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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 |
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 |
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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 |
similar character on public works.
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(Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
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