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Public Act 103-0327 | ||||
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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 |
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 |
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 the | ||
removal, hauling, and transportation of biosolids, lime | ||
sludge, and lime residue from a water treatment plant or | ||
facility and the disposal of biosolids, lime sludge, and lime | ||
residue removed from a water treatment plant or facility at a | ||
landfill. "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 | ||
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 | ||
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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