Public Act 095-0341
 		





HB0985 Enrolled
LRB095 04734 RLC 24793 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 
Sections 2 and 3 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 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.  "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.


    "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. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, 
eff. 1-1-04; 94-750, eff. 5-9-06.)

 



    (820 ILCS 130/3)  (from Ch. 48, par. 39s-3)



    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

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.

(Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.