Illinois General Assembly - Full Text of SB0346
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Full Text of SB0346  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/2/2023, by Sen. Meg Loughran Cappel


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

    Amends the Prevailing Wage Act. Provides that the term "public works" also includes installation, repair, wiring, and maintenance services to Illinois lottery machines and equipment pursuant to a contract between the Department of the Lottery and a contractor. Effective January 1, 2024.

LRB103 28950 SPS 55336 b





SB0346LRB103 28950 SPS 55336 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 Environmental Protection Agency under
15the Illinois Renewable Fuels Development Program Act for which
16there is no project labor agreement; (ii) all work performed
17pursuant to a public private agreement under the Public
18Private Agreements for the Illiana Expressway Act or the
19Public-Private Agreements for the South Suburban Airport Act;
20(iii) all projects undertaken under a public-private agreement
21under the Public-Private Partnerships for Transportation Act;
22and (iv) all transportation facilities undertaken under a
23design-build contract or a Construction Manager/General
24Contractor contract under the Innovations for Transportation
25Infrastructure Act. "Public works" also includes all projects
26at leased facility property used for airport purposes under



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1Section 35 of the Local Government Facility Lease Act. "Public
2works" also includes the construction of a new wind power
3facility by a business designated as a High Impact Business
4under Section 5.5(a)(3)(E) and the construction of a new
5utility-scale solar power facility by a business designated as
6a High Impact Business under Section 5.5(a)(3)(E-5) of the
7Illinois Enterprise Zone Act. "Public works" also includes
8electric vehicle charging station projects financed pursuant
9to the Electric Vehicle Act and renewable energy projects
10required to pay the prevailing wage pursuant to the Illinois
11Power Agency Act. "Public works" does not include work done
12directly by any public utility company, whether or not done
13under public supervision or direction, or paid for wholly or
14in part out of public funds. "Public works" also includes
15construction projects performed by a third party contracted by
16any public utility, as described in subsection (a) of Section
172.1, in public rights-of-way, as defined in Section 21-201 of
18the Public Utilities Act, whether or not done under public
19supervision or direction, or paid for wholly or in part out of
20public funds. "Public works" also includes construction
21projects that exceed 15 aggregate miles of new fiber optic
22cable, performed by a third party contracted by any public
23utility, as described in subsection (b) of Section 2.1, in
24public rights-of-way, as defined in Section 21-201 of the
25Public Utilities Act, whether or not done under public
26supervision or direction, or paid for wholly or in part out of



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



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



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1work of a similar character on public works.
2(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
3102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
5    Section 99. Effective date. This Act takes effect January
61, 2024.