(820 ILCS 130/2)
(from Ch. 48, par. 39s-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
"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. 100-1177, eff. 6-1-19