State of Illinois
92nd General Assembly
Legislation

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92_SB0418

 
                                               LRB9206471WHcs

 1        AN ACT concerning wages.

 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
 5    changing Section 2 as follows:

 6        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
 7        (Text of Section before amendment by P.A. 91-935)
 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,  whether  or  not  done  under
17    public  supervision  or  direction,  or paid for wholly or in
18    part out of public funds.  "Public works" as  defined  herein
19    includes all projects financed in whole or in part with bonds
20    issued under the Industrial Project Revenue Bond Act (Article
21    11,   Division  74  of  the  Illinois  Municipal  Code),  the
22    Industrial  Building   Revenue   Bond   Act,   the   Illinois
23    Development Finance Authority Act, or the Build Illinois Bond
24    Act, and all projects financed in whole or in part with loans
25    or  other funds made available pursuant to the Build Illinois
26    Act. "Public works" also means, through  December  31,  2005,
27    all projects financed in whole or in part with funds from the
28    Fund  for  Illinois'  Future under Section 6z-47 of the State
29    Finance Act, funds for school construction under Section 5 of
30    the General  Obligation  Bond  Act,  funds  authorized  under
31    Section  3  of  the  School  Construction Bond Act, funds for
 
                            -2-                LRB9206471WHcs
 1    school  infrastructure  under  Section  6z-45  of  the  State
 2    Finance Act, and  funds  for  transportation  purposes  under
 3    Section 4 of the General Obligation Bond Act.
 4        "Construction"  means  all work on public works involving
 5    laborers, workers or mechanics.
 6        "Locality" means the county where the physical work  upon
 7    public  works  is  performed, except (1) that if there is not
 8    available in the county  a  sufficient  number  of  competent
 9    skilled  laborers,  workers  and  mechanics  to construct the
10    public works efficiently and  properly,  "locality"  includes
11    any  other  county  nearest  the  one  in  which  the work or
12    construction is to be performed and from which  such  persons
13    may be obtained in sufficient numbers to perform the work and
14    (2) that, with respect to contracts for highway work with the
15    Department of Transportation of this State, "locality" may at
16    the   discretion  of  the  Secretary  of  the  Department  of
17    Transportation be construed to include two or  more  adjacent
18    counties  from  which  workers  may be accessible for work on
19    such construction.
20        "Public body" means the State or any  officer,  board  or
21    commission  of  the  State  or  any  political subdivision or
22    department thereof, or any institution supported in whole  or
23    in  part  by  public  funds,  authorized  by law to construct
24    public  works  or  to  enter  into  any  contract   for   the
25    construction  of  public  works,  and  includes every county,
26    city, town, village, township, school  district,  irrigation,
27    utility,  reclamation improvement or other district and every
28    other political subdivision, district or municipality of  the
29    state  whether  such  political  subdivision, municipality or
30    district operates under a special charter or not.
31        The terms "general  prevailing  rate  of  hourly  wages",
32    "general  prevailing  rate  of  wages" or "prevailing rate of
33    wages" when used in this Act mean the hourly cash wages  plus
34    fringe  benefits  for  training  and  apprenticeship programs
 
                            -3-                LRB9206471WHcs
 1    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
 2    Apprenticeship  and  Training, health and welfare, insurance,
 3    vacations and pensions paid generally,  in  the  locality  in
 4    which  the  work  is being performed, to employees engaged in
 5    work of a similar similar character on public works.
 6    (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)

 7        (Text of Section after amendment by P.A. 91-935)
 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,  whether or not done under
17    public supervision or direction, or paid  for  wholly  or  in
18    part  out  of public funds.  "Public works" as defined herein
19    includes all projects financed in whole or in part with bonds
20    issued under the Industrial Project Revenue Bond Act (Article
21    11,  Division  74  of  the  Illinois  Municipal  Code),   the
22    Industrial   Building   Revenue   Bond   Act,   the  Illinois
23    Development  Finance  Authority  Act,  the  Illinois   Sports
24    Facilities Authority Act, or the Build Illinois Bond Act, and
25    all projects financed in whole or in part with loans or other
26    funds  made  available  pursuant  to  the Build Illinois Act.
27    "Public works" also means, through  December  31,  2005,  all
28    projects  financed  in  whole  or in part with funds from the
29    Fund for Illinois' Future under Section 6z-47  of  the  State
30    Finance Act, funds for school construction under Section 5 of
31    the  General  Obligation  Bond  Act,  funds  authorized under
32    Section 3 of the School  Construction  Bond  Act,  funds  for
33    school  infrastructure  under  Section  6z-45  of  the  State
34    Finance  Act,  and  funds  for  transportation purposes under
 
                            -4-                LRB9206471WHcs
 1    Section 4 of the General Obligation Bond Act.
 2        "Construction" means all work on public  works  involving
 3    laborers, workers or mechanics.
 4        "Locality"  means the county where the physical work upon
 5    public works is performed, except (1) that if  there  is  not
 6    available  in  the  county  a  sufficient number of competent
 7    skilled laborers, workers  and  mechanics  to  construct  the
 8    public  works  efficiently  and properly, "locality" includes
 9    any other county  nearest  the  one  in  which  the  work  or
10    construction  is  to be performed and from which such persons
11    may be obtained in sufficient numbers to perform the work and
12    (2) that, with respect to contracts for highway work with the
13    Department of Transportation of this State, "locality" may at
14    the  discretion  of  the  Secretary  of  the  Department   of
15    Transportation  be  construed to include two or more adjacent
16    counties from which workers may be  accessible  for  work  on
17    such construction.
18        "Public  body"  means  the State or any officer, board or
19    commission of the  State  or  any  political  subdivision  or
20    department  thereof, or any institution supported in whole or
21    in part by public  funds,  authorized  by  law  to  construct
22    public   works   or  to  enter  into  any  contract  for  the
23    construction of public  works,  and  includes  every  county,
24    city,  town,  village, township, school district, irrigation,
25    utility, reclamation improvement or other district and  every
26    other  political subdivision, district or municipality of the
27    state whether such  political  subdivision,  municipality  or
28    district operates under a special charter or not.
29        The  terms  "general  prevailing  rate  of hourly wages",
30    "general prevailing rate of wages"  or  "prevailing  rate  of
31    wages"  when used in this Act mean the hourly cash wages plus
32    fringe benefits  for  training  and  apprenticeship  programs
33    approved   by   the  U.S.  Department  of  Labor,  Bureau  of
34    Apprenticeship and Training, health and  welfare,  insurance,
 
                            -5-                LRB9206471WHcs
 1    vacations  and  pensions  paid  generally, in the locality in
 2    which the work is being performed, to  employees  engaged  in
 3    work of a similar character on public works.
 4    (Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01.)

 5        Section  95.   No  acceleration or delay.  Where this Act
 6    makes changes in a statute that is represented in this Act by
 7    text that is not yet or no longer in effect (for  example,  a
 8    Section  represented  by  multiple versions), the use of that
 9    text does not accelerate or delay the taking  effect  of  (i)
10    the  changes made by this Act or (ii) provisions derived from
11    any other Public Act.

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.

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