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| 1 | AN ACT concerning wages.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Prevailing Wage Act is amended by changing | |||||||||||||||||||
| 5 | Section 2 as follows:
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| 6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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| 7 | Sec. 2. This Act applies to the wages of laborers, | |||||||||||||||||||
| 8 | mechanics and
other workers employed in any public works, as | |||||||||||||||||||
| 9 | hereinafter defined, by
any public body and to anyone under | |||||||||||||||||||
| 10 | contracts for public works. This includes any maintenance, | |||||||||||||||||||
| 11 | repair, assembly, or disassembly work performed on equipment | |||||||||||||||||||
| 12 | whether owned, leased, or rented.
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| 13 | As used in this Act, unless the context indicates | |||||||||||||||||||
| 14 | otherwise:
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| 15 | "Public works" means all fixed works constructed or | |||||||||||||||||||
| 16 | demolished by
any public body,
or paid for wholly or in part | |||||||||||||||||||
| 17 | out of public funds. "Public works" as
defined herein includes | |||||||||||||||||||
| 18 | all projects financed in whole
or in part with bonds, grants, | |||||||||||||||||||
| 19 | loans, or other funds made available by or through the State or | |||||||||||||||||||
| 20 | any of its political subdivisions, including but not limited | |||||||||||||||||||
| 21 | to: bonds issued under the Industrial Project Revenue Bond
Act | |||||||||||||||||||
| 22 | (Article 11, Division 74 of the Illinois Municipal Code), the | |||||||||||||||||||
| 23 | Industrial
Building Revenue Bond Act, the Illinois Finance | |||||||||||||||||||
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| 1 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
| 2 | the Build Illinois Bond Act; loans or other funds made
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| 3 | available pursuant to the Build Illinois Act; or funds from the | ||||||
| 4 | Fund for
Illinois' Future under Section 6z-47 of the State | ||||||
| 5 | Finance Act, funds for school
construction under Section 5 of | ||||||
| 6 | the General Obligation Bond Act, funds
authorized under Section | ||||||
| 7 | 3 of the School Construction Bond Act, funds for
school | ||||||
| 8 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
| 9 | and funds
for transportation purposes under Section 4 of the | ||||||
| 10 | General Obligation Bond
Act. "Public works" also includes (i) | ||||||
| 11 | all projects financed in whole or in part
with funds from the | ||||||
| 12 | Department of Commerce and Economic Opportunity under the | ||||||
| 13 | Illinois Renewable Fuels Development Program
Act for which | ||||||
| 14 | there is no project labor agreement; (ii) all work performed | ||||||
| 15 | pursuant to a public private agreement under the Public Private | ||||||
| 16 | Agreements for the Illiana Expressway Act; and (iii) all | ||||||
| 17 | projects undertaken under a public-private agreement under the | ||||||
| 18 | Public-Private Partnerships for Transportation Act. "Public | ||||||
| 19 | works" also includes all projects at leased facility property | ||||||
| 20 | used for airport purposes under Section 35 of the Local | ||||||
| 21 | Government Facility Lease Act. "Public works" also includes the | ||||||
| 22 | construction of a new wind power facility by a business | ||||||
| 23 | designated as a High Impact Business under Section 5.5(a)(3)(E) | ||||||
| 24 | of the Illinois Enterprise Zone Act.
"Public works" does not | ||||||
| 25 | include work done directly by any public utility company, | ||||||
| 26 | whether or not done under public supervision or direction, or | ||||||
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| 1 | paid for wholly or in part out of public funds. "Public works" | ||||||
| 2 | does not include projects undertaken by the owner at an | ||||||
| 3 | owner-occupied single-family residence or at an owner-occupied | ||||||
| 4 | unit of a multi-family residence. "Public works" does not | ||||||
| 5 | include the removal of trees and limbs along roadways and | ||||||
| 6 | parkways when that removal is not a part of other construction.
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| 7 | "Construction" means all work on public works involving | ||||||
| 8 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
| 9 | repair, assembly, or disassembly work performed on equipment | ||||||
| 10 | whether owned, leased, or rented.
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| 11 | "Locality" means the county where the physical work upon | ||||||
| 12 | public works
is performed, except (1) that if there is not | ||||||
| 13 | available in the county a
sufficient number of competent | ||||||
| 14 | skilled laborers, workers and mechanics
to construct the public | ||||||
| 15 | works efficiently and properly, "locality"
includes any other | ||||||
| 16 | county nearest the one in which the work or
construction is to | ||||||
| 17 | be performed and from which such persons may be
obtained in | ||||||
| 18 | sufficient numbers to perform the work and (2) that, with
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| 19 | respect to contracts for highway work with the Department of
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| 20 | Transportation of this State, "locality" may at the discretion | ||||||
| 21 | of the
Secretary of the Department of Transportation be | ||||||
| 22 | construed to include
two or more adjacent counties from which | ||||||
| 23 | workers may be accessible for
work on such construction.
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| 24 | "Public body" means the State or any officer, board or | ||||||
| 25 | commission of
the State or any political subdivision or | ||||||
| 26 | department thereof, or any
institution supported in whole or in | ||||||
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| 1 | part by public funds,
and includes every county, city, town,
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| 2 | village, township, school district, irrigation, utility, | ||||||
| 3 | reclamation
improvement or other district and every other | ||||||
| 4 | political subdivision,
district or municipality of the state | ||||||
| 5 | whether such political
subdivision, municipality or district | ||||||
| 6 | operates under a special charter
or not.
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| 7 | The terms "general prevailing rate of hourly wages", | ||||||
| 8 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
| 9 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
| 10 | fringe benefits for training and
apprenticeship programs | ||||||
| 11 | approved by the U.S. Department of Labor, Bureau of
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| 12 | Apprenticeship and Training, health and welfare, insurance, | ||||||
| 13 | vacations and
pensions paid generally, in the
locality in which | ||||||
| 14 | the work is being performed, to employees engaged in
work of a | ||||||
| 15 | similar character on public works.
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| 16 | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, | ||||||
| 17 | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, | ||||||
| 18 | eff. 8-23-11.)
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| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
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