State of Illinois
90th General Assembly
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90_SB1026

      820 ILCS 130/2            from Ch. 48, par. 39s-2
          Amends the Prevailing Wage Act.  Includes as public works
      projects financed with bonds issued under the  Tax  Increment
      Allocation  Redevelopment  Act. Provides that the Act applies
      whenever a public utility company contracts with  an  outside
      contractor on a construction project. Adds training among the
      fringe benefits used to determine a prevailing wage.
                                                     LRB9002683WHmg
                                               LRB9002683WHmg
 1        AN  ACT  to  amend  the  Prevailing  Wage Act by changing
 2    Section 2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Prevailing Wage Act is amended by changing
 6    Section 2 as follows:
 7        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
 8        Sec.  2.   This  Act  applies  to  the wages of laborers,
 9    mechanics and other workers employed in any public works,  as
10    hereinafter  defined,  by any public body and to anyone under
11    contracts for public works.
12        As  used  in  this  Act,  unless  the  context  indicates
13    otherwise:
14        "Public works" means  all  fixed  works  constructed  for
15    public  use by any public body, other than work done directly
16    by any public utility company (except as  otherwise  provided
17    in   this   Section),   whether  or  not  done  under  public
18    supervision or direction, or paid for wholly or in  part  out
19    of  public  funds.  "Public works" as defined herein includes
20    all projects financed in whole or in part with  bonds  issued
21    under  the  Industrial  Project Revenue Bond Act (Article 11,
22    Division  74  of  the  Illinois  Municipal  Code),  the   tax
23    Increment  Allocation Redevelopment Act (Article 11, Division
24    74.4 of the Illinois Municipal  Code)  as  now  or  hereafter
25    amended,  the Industrial Building Revenue Bond Act, as now or
26    hereafter amended, the Illinois Development Finance Authority
27    Act, as now or hereafter amended, or the Build Illinois  Bond
28    Act,  as  now or hereafter amended, and all projects financed
29    in whole or in part with loans or other funds made  available
30    pursuant  to  The  Build  Illinois  Act or under the Illinois
31    Enterprise Zone Loan Act, as now or hereafter amended.
                            -2-                LRB9002683WHmg
 1        "Construction" means all work on public  works  involving
 2    laborers, workers or mechanics.
 3        "Locality"  means the county where the physical work upon
 4    public works is performed, except (1) that if  there  is  not
 5    available  in  the  county  a  sufficient number of competent
 6    skilled laborers, workers  and  mechanics  to  construct  the
 7    public  works  efficiently  and properly, "locality" includes
 8    any other county  nearest  the  one  in  which  the  work  or
 9    construction  is  to be performed and from which such persons
10    may be obtained in sufficient numbers to perform the work and
11    (2) that, with respect to contracts for highway work with the
12    Department of Transportation of this State, "locality" may at
13    the  discretion  of  the  Secretary  of  the  Department   of
14    Transportation  be  construed to include two or more adjacent
15    counties from which workers may be  accessible  for  work  on
16    such construction.
17        "Public  body"  means  the State or any officer, board or
18    commission of the  State  or  any  political  subdivision  or
19    department  thereof, or any institution supported in whole or
20    in part by public  funds,  authorized  by  law  to  construct
21    public   works   or  to  enter  into  any  contract  for  the
22    construction of public  works,  and  includes  every  county,
23    city,  town,  village, township, school district, irrigation,
24    utility, reclamation improvement or other district and  every
25    other  political subdivision, district or municipality of the
26    state whether such  political  subdivision,  municipality  or
27    district operates under a special charter or not.
28        The  terms  "general  prevailing  rate  of hourly wages",
29    "general prevailing rate of wages"  or  "prevailing  rate  of
30    wages"  when used in this Act mean the hourly cash wages plus
31    fringe benefits for training, health and welfare,  insurance,
32    vacations  and  pensions  paid  generally, in the locality in
33    which the work is being performed, to  employees  engaged  in
34    work of a similar character on public works.
                            -3-                LRB9002683WHmg
 1        Notwithstanding any other provision of this Act, whenever
 2    a public utility company contracts with an outside contractor
 3    on  any construction project, the project shall be considered
 4    "public work" for purposes of this Act and the public utility
 5    company shall be considered a "public body" for  purposes  of
 6    this  Act,  and  this  Act  shall apply to the public utility
 7    company and to the contractor, its subcontractors, and  their
 8    laborers, workers, and mechanics.
 9    (Source: P.A. 86-799; 86-1028.)

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