Public Act 103-0359
 
HB3792 EnrolledLRB103 29638 SPS 56035 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 
Section 2 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 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 
Authority Act,
the Illinois Sports Facilities Authority Act, 
or the Build Illinois Bond Act; loans or other funds made

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

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 
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 
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. 

    "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.

    "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 
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. 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.)

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