Bill Text: IL SB0223 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Minimum Wage Law. Makes a technical change in a Section concerning the application of the Act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2009-07-23 - Public Act . . . . . . . . . 96-0058 [SB0223 Detail]
Download: Illinois-2009-SB0223-Enrolled.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
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 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, grants, loans, or | ||||||
21 | other funds made available by or through the State or any of | ||||||
22 | its political subdivisions, including but not limited to: bonds | ||||||
23 | issued under the Industrial Project Revenue Bond
Act (Article |
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1 | 11, Division 74 of the Illinois Municipal Code), the Industrial
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2 | Building Revenue Bond Act, the Illinois Finance Authority Act,
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3 | the Illinois Sports Facilities Authority Act, or the Build | ||||||
4 | Illinois Bond Act ; ,
and all projects financed in whole or in | ||||||
5 | part with loans or other funds made
available pursuant to the | ||||||
6 | Build Illinois Act ; or . "Public works" also includes
all | ||||||
7 | projects financed in whole or in part with funds from the Fund | ||||||
8 | for
Illinois' Future under Section 6z-47 of the State Finance | ||||||
9 | Act, funds for school
construction under Section 5 of the | ||||||
10 | General Obligation Bond Act, funds
authorized under Section 3 | ||||||
11 | of the School Construction Bond Act, funds for
school | ||||||
12 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
13 | and funds
for transportation purposes under Section 4 of the | ||||||
14 | General Obligation Bond
Act. "Public works" also includes all | ||||||
15 | projects financed in whole or in part
with funds from the | ||||||
16 | Department of Commerce and Economic Opportunity under the | ||||||
17 | Illinois Renewable Fuels Development Program
Act for which | ||||||
18 | there is no project labor agreement. "Public works" also | ||||||
19 | includes all projects at leased facility property used for | ||||||
20 | airport purposes under Section 35 of the Local Government | ||||||
21 | Facility Lease Act.
"Public works" does not include work done | ||||||
22 | directly by any public utility company, whether or not done | ||||||
23 | under public supervision or direction, or paid for wholly or in | ||||||
24 | part out of public funds. "Public works" does not include | ||||||
25 | projects undertaken by the owner at an owner-occupied | ||||||
26 | single-family residence or at an owner-occupied unit of a |
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1 | multi-family residence.
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2 | "Construction" means all work on public works involving | ||||||
3 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
4 | repair, assembly, or disassembly work performed on equipment | ||||||
5 | whether owned, leased, or rented.
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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 public | ||||||
10 | works efficiently and properly, "locality"
includes any other | ||||||
11 | county nearest the one in which the work or
construction is to | ||||||
12 | be performed and from which such persons may be
obtained in | ||||||
13 | sufficient numbers to perform the work and (2) that, with
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14 | respect to contracts for highway work with the Department of
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15 | Transportation of this State, "locality" may at the discretion | ||||||
16 | of the
Secretary of the Department of Transportation be | ||||||
17 | construed to include
two or more adjacent counties from which | ||||||
18 | workers may be accessible for
work on such construction.
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19 | "Public body" means the State or any officer, board or | ||||||
20 | commission of
the State or any political subdivision or | ||||||
21 | department thereof, or any
institution supported in whole or in | ||||||
22 | part by public funds,
and includes every county, city, town,
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23 | village, township, school district, irrigation, utility, | ||||||
24 | reclamation
improvement or other district and every other | ||||||
25 | political subdivision,
district or municipality of the state | ||||||
26 | whether such political
subdivision, municipality or district |
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1 | operates under a special charter
or not.
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2 | The terms "general prevailing rate of hourly wages", | ||||||
3 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
4 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
5 | fringe benefits for training and
apprenticeship programs | ||||||
6 | approved by the U.S. Department of Labor, Bureau of
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7 | Apprenticeship and Training, health and welfare, insurance, | ||||||
8 | vacations and
pensions paid generally, in the
locality in which | ||||||
9 | the work is being performed, to employees engaged in
work of a | ||||||
10 | similar character on public works.
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11 | (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
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