Full Text of HB0985 95th General Assembly
HB0985enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Sections 2 and 3 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, | 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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| As used in this Act, unless the context indicates | 14 |
| otherwise:
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| "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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| 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
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| 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.
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| "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.
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| "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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| 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
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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 | 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.
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| "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,
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| 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.
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| 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
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| Apprenticeship and Training, health and welfare, insurance, | 25 |
| vacations and
pensions paid generally, in the
locality in which | 26 |
| the work is being performed, to employees engaged in
work of a |
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| similar character on public works.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, | 3 |
| eff. 1-1-04; 94-750, eff. 5-9-06.)
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| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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| Sec. 3. Not less than the general prevailing rate of hourly | 6 |
| wages for
work of a similar character on public works in the | 7 |
| locality in which the
work is performed, and not less than the | 8 |
| general prevailing rate of
hourly wages for legal holiday and | 9 |
| overtime work, shall be paid to all
laborers, workers and | 10 |
| mechanics employed by or on behalf of any public
body engaged | 11 |
| in the construction of public works.
This includes any | 12 |
| maintenance, repair, assembly, or disassembly work performed | 13 |
| on equipment whether owned, leased, or rented. Only such | 14 |
| laborers, workers and mechanics as are
directly employed by | 15 |
| contractors or subcontractors in actual
construction work on | 16 |
| the site of the building or construction job, and
laborers, | 17 |
| workers and mechanics engaged in the transportation of
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| materials and equipment to or from the site, but not including | 19 |
| the
transportation by the sellers and suppliers or the | 20 |
| manufacture or
processing of materials or equipment, in the | 21 |
| execution of any contract
or contracts for public works with | 22 |
| any public body shall be deemed to be
employed upon public | 23 |
| works. The wage for a tradesman performing maintenance
is | 24 |
| equivalent to that of a tradesman engaged in construction.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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