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| Public Act 096-0058 |
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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 | ||||
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 | ||
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 | ||
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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