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| Public Act 103-0359
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| HB3792 Enrolled | LRB103 29638 SPS 56035 b |
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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 |
Section 2 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, |
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.
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As used in this Act, unless the context indicates |
otherwise:
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"Public works" means all fixed works constructed or |
demolished by
any public body,
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, grants, |
loans, or other funds made available by or through the State or |
any of its political subdivisions, including but not limited |
to: 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 |
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Authority Act,
the Illinois Sports Facilities Authority Act, |
or the Build Illinois Bond Act; loans or other funds made
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available pursuant to the Build Illinois Act; loans or other |
funds made available pursuant to the Riverfront Development |
Fund under Section 10-15 of the River Edge Redevelopment Zone |
Act; or 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
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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 (i) all projects financed in whole or in |
part
with funds from the Environmental Protection Agency under |
the Illinois Renewable Fuels Development Program
Act for which |
there is no project labor agreement; (ii) all work performed |
pursuant to a public private agreement under the Public |
Private Agreements for the Illiana Expressway Act or the |
Public-Private Agreements for the South Suburban Airport Act; |
(iii) all projects undertaken under a public-private agreement |
under the Public-Private Partnerships for Transportation Act; |
and (iv) all transportation facilities undertaken under a |
design-build contract or a Construction Manager/General |
Contractor contract under the Innovations for Transportation |
Infrastructure Act. "Public works" also includes all projects |
at leased facility property used for airport purposes under |
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Section 35 of the Local Government Facility Lease Act. "Public |
works" also includes the construction of a new wind power |
facility by a business designated as a High Impact Business |
under Section 5.5(a)(3)(E) and the construction of a new |
utility-scale solar power facility by a business designated as |
a High Impact Business under Section 5.5(a)(3)(E-5) of the |
Illinois Enterprise Zone Act.
"Public works" also includes |
electric vehicle charging station projects financed pursuant |
to the Electric Vehicle Act and renewable energy projects |
required to pay the prevailing wage pursuant to the Illinois |
Power Agency Act. "Public works" does not include 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" also includes |
construction projects performed by a third party contracted by |
any public utility, as described in subsection (a) of Section |
2.1, in public rights-of-way, as defined in Section 21-201 of |
the Public Utilities Act, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds. "Public works" also includes construction |
projects that exceed 15 aggregate miles of new fiber optic |
cable, performed by a third party contracted by any public |
utility, as described in subsection (b) of Section 2.1, in |
public rights-of-way, as defined in Section 21-201 of the |
Public Utilities Act, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
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public funds. "Public works" also includes any corrective |
action performed pursuant to Title XVI of the Environmental |
Protection Act for which payment from the Underground Storage |
Tank Fund is requested. "Public works" also includes all |
construction projects involving fixtures or permanent |
attachments affixed to light poles that are owned by a public |
body, including street light poles, traffic light poles, and |
other lighting fixtures, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds, unless the project is performed by employees |
employed directly by the public body. "Public works" does not |
include projects undertaken by the owner at an owner-occupied |
single-family residence or at an owner-occupied unit of a |
multi-family residence. "Public works" does not include work |
performed for soil and water conservation purposes on |
agricultural lands, whether or not done under public |
supervision or paid for wholly or in part out of public funds, |
done directly by an owner or person who has legal control of |
those lands.
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"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.
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"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 |
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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
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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 |
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.
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"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.
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"Labor organization" means an organization that is the |
exclusive representative of an
employer's employees recognized |
or certified pursuant to the National Labor Relations Act. |
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 |
annualized fringe benefits for training and
apprenticeship |
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programs approved by the U.S. Department of Labor, Bureau of
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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
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work of a similar character on public works.
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(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. |
6-15-22.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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