Illinois General Assembly - Full Text of SB2350
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Full Text of SB2350  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Michael E. Hastings


820 ILCS 130/2  from Ch. 48, par. 39s-2

    Amends the Prevailing Wage Act. Provides that the term "public works" includes fixed works constructed or demolished by third parties contracted by any public utility (rather than does not include work done directly by any public utility company). Applies to telecommunications carriers. Defines "public utility".

LRB102 15975 JLS 21345 b





SB2350LRB102 15975 JLS 21345 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Section 2 as follows:
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance



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1Authority Act, the Illinois Sports Facilities Authority Act,
2or the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond
10Act, funds for school infrastructure under Section 6z-45 of
11the State Finance Act, and funds for transportation purposes
12under Section 4 of the General Obligation Bond Act. "Public
13works" also includes (i) all projects financed in whole or in
14part with funds from the Department of Commerce and Economic
15Opportunity under the Illinois Renewable Fuels Development
16Program Act for which there is no project labor agreement;
17(ii) all work performed pursuant to a public private agreement
18under the Public Private Agreements for the Illiana Expressway
19Act or the Public-Private Agreements for the South Suburban
20Airport Act; and (iii) all projects undertaken under a
21public-private agreement under the Public-Private Partnerships
22for Transportation Act. "Public works" also includes all
23projects at leased facility property used for airport purposes
24under Section 35 of the Local Government Facility Lease Act.
25"Public works" also includes the construction of a new wind
26power facility by a business designated as a High Impact



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1Business under Section 5.5(a)(3)(E) of the Illinois Enterprise
2Zone Act. "Public works" includes fixed works constructed or
3demolished by third parties contracted by any public utility
4does not include work done directly by any public utility
5company, whether or not done under public supervision or
6direction, or paid for wholly or in part out of public funds.
7"Public works" also includes any corrective action performed
8pursuant to Title XVI of the Environmental Protection Act for
9which payment from the Underground Storage Tank Fund is
10requested. "Public works" does not include projects undertaken
11by the owner at an owner-occupied single-family residence or
12at an owner-occupied unit of a multi-family residence. "Public
13works" does not include work performed for soil and water
14conservation purposes on agricultural lands, whether or not
15done under public supervision or paid for wholly or in part out
16of public funds, done directly by an owner or person who has
17legal control of those lands.
18    "Construction" means all work on public works involving
19laborers, workers or mechanics. This includes any maintenance,
20repair, assembly, or disassembly work performed on equipment
21whether owned, leased, or rented.
22    "Locality" means the county where the physical work upon
23public works is performed, except (1) that if there is not
24available in the county a sufficient number of competent
25skilled laborers, workers and mechanics to construct the
26public works efficiently and properly, "locality" includes any



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1other county nearest the one in which the work or construction
2is to be performed and from which such persons may be obtained
3in sufficient numbers to perform the work and (2) that, with
4respect to contracts for highway work with the Department of
5Transportation of this State, "locality" may at the discretion
6of the Secretary of the Department of Transportation be
7construed to include two or more adjacent counties from which
8workers may be accessible for work on such construction.
9    "Public body" means the State or any officer, board or
10commission of the State or any political subdivision or
11department thereof, or any institution supported in whole or
12in part by public funds, and includes every county, city,
13town, village, township, school district, irrigation, utility,
14reclamation improvement or other district and every other
15political subdivision, district or municipality of the state
16whether such political subdivision, municipality or district
17operates under a special charter or not.
18    "Labor organization" means an organization that is the
19exclusive representative of an employer's employees recognized
20or certified pursuant to the National Labor Relations Act.
21    The terms "general prevailing rate of hourly wages",
22"general prevailing rate of wages" or "prevailing rate of
23wages" when used in this Act mean the hourly cash wages plus
24annualized fringe benefits for training and apprenticeship
25programs approved by the U.S. Department of Labor, Bureau of
26Apprenticeship and Training, health and welfare, insurance,



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1vacations and pensions paid generally, in the locality in
2which the work is being performed, to employees engaged in
3work of a similar character on public works.
4    "Public utility" has the meaning given that term in
5Section 3-105 of the Public Utilities Act and includes
6telecommunications carriers as defined in Section 13-202 of
7the Public Utilities Act.
8(Source: P.A. 100-1177, eff. 6-1-19.)