Public Act 095-0341
 
HB0985 Enrolled LRB095 04734 RLC 24793 b

    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 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 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
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
similar character on public works.
(Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205,
eff. 1-1-04; 94-750, eff. 5-9-06.)
 
    (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 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.
(Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.