Public Act 098-0740
 
HB5606 EnrolledLRB098 17050 JLS 52135 b


  
    AN ACT concerning wages.
  
 
    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 Department of Commerce and Economic 
Opportunity 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; and (iii) all projects undertaken under a public-private 
agreement under the Public-Private Partnerships for 
Transportation 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) of the Illinois Enterprise Zone 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 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" 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.

    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. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; 
98-482, eff. 1-1-14; revised 9-24-13.)

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