State of Illinois
2007 and 2008


Introduced 2/14/2008, by Sen. Gary Forby


820 ILCS 130/2   from Ch. 48, par. 39s-2

    Amends the Prevailing Wage Act. Includes "contributions paid by an employer for substance abuse testing programs" in the definition of "general prevailing rate of hourly wages".

LRB095 19226 WGH 45484 b





SB2375 LRB095 19226 WGH 45484 b

1     AN ACT concerning employment.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Prevailing Wage Act is amended by changing
5 Section 2 as follows:
6     (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
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.
13     As used in this Act, unless the context indicates
14 otherwise:
15     "Public works" means all fixed works constructed by any
16 public body, other than work done directly by any public
17 utility company, whether or not done under public supervision
18 or direction, or paid for wholly or in part out of public
19 funds. "Public works" as defined herein includes all projects
20 financed in whole or in part with bonds issued under the
21 Industrial Project Revenue Bond Act (Article 11, Division 74 of
22 the Illinois Municipal Code), the Industrial Building Revenue
23 Bond Act, the Illinois Finance Authority Act, the Illinois



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1 Sports Facilities Authority Act, or the Build Illinois Bond
2 Act, and all projects financed in whole or in part with loans
3 or other funds made available pursuant to the Build Illinois
4 Act. "Public works" also includes all projects financed in
5 whole or in part with funds from the Fund for Illinois' Future
6 under Section 6z-47 of the State Finance Act, funds for school
7 construction under Section 5 of the General Obligation Bond
8 Act, funds authorized under Section 3 of the School
9 Construction Bond Act, funds for school infrastructure under
10 Section 6z-45 of the State Finance Act, and funds for
11 transportation purposes under Section 4 of the General
12 Obligation Bond Act. "Public works" also includes all projects
13 financed in whole or in part with funds from the Department of
14 Commerce and Economic Opportunity under the Illinois Renewable
15 Fuels Development Program Act for which there is no project
16 labor agreement. "Public works" also includes all projects at
17 leased facility property used for airport purposes under
18 Section 35 of the Local Government Facility Lease Act.
19     "Construction" means all work on public works involving
20 laborers, workers or mechanics. This includes any maintenance,
21 repair, assembly, or disassembly work performed on equipment
22 whether owned, leased, or rented.
23     "Locality" means the county where the physical work upon
24 public works is performed, except (1) that if there is not
25 available in the county a sufficient number of competent
26 skilled laborers, workers and mechanics to construct the public



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1 works efficiently and properly, "locality" includes any other
2 county nearest the one in which the work or construction is to
3 be performed and from which such persons may be obtained in
4 sufficient numbers to perform the work and (2) that, with
5 respect to contracts for highway work with the Department of
6 Transportation of this State, "locality" may at the discretion
7 of the Secretary of the Department of Transportation be
8 construed to include two or more adjacent counties from which
9 workers may be accessible for work on such construction.
10     "Public body" means the State or any officer, board or
11 commission of the State or any political subdivision or
12 department thereof, or any institution supported in whole or in
13 part by public funds, and includes every county, city, town,
14 village, township, school district, irrigation, utility,
15 reclamation improvement or other district and every other
16 political subdivision, district or municipality of the state
17 whether such political subdivision, municipality or district
18 operates under a special charter or not.
19     The terms "general prevailing rate of hourly wages",
20 "general prevailing rate of wages" or "prevailing rate of
21 wages" when used in this Act mean the hourly cash wages plus
22 fringe benefits for training and apprenticeship programs
23 approved by the U.S. Department of Labor, Bureau of
24 Apprenticeship and Training, health and welfare, insurance,
25 vacations and pensions paid generally, and contributions paid
26 by an employer for substance abuse testing programs in the



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1 locality in which the work is being performed, to employees
2 engaged in work of a similar character on public works.
3 (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)