Bill Text: IL HB0952 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Prevailing Wage Act. Provides that the Act applies to the demolition of public works.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0186 [HB0952 Detail]

Download: Illinois-2009-HB0952-Enrolled.html

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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 or
demolished 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

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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

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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

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similar character on public works.
(Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
(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 or demolition 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 or demolition.
(Source: P.A. 95-341, eff. 8-21-07.)