People v. E.R.H. Enterprises

Payments of water customers in village, and maintained in is special fund, meet definition of public funds, which are operating funds from which contractor is paid. Thus, contractor's construction work on village infrastructure was paid for out of "public funds". Under Prevailing Wage Act, contractor in question is a contractor, rather than a "public utility company", based on totality of factors. Thus, contractor was not entitled to exemption as public utility company under Prevailing Wage Act; and contractor presented no evidence that any governmental agency considered it a regulated entity. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)