Illinois 2025-2026 Regular Session

Illinois House Bill HB2632 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2632 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 35 ILCS 5/21335 ILCS 5/21435 ILCS 5/22235 ILCS 5/22335 ILCS 5/240820 ILCS 130/2 Amends the Illinois Income Tax Act and the Prevailing Wage Act. Provides that certain transferable tax credits are considered public works within the meaning of the Prevailing Wage Act. Effective immediately. LRB104 09586 HLH 19649 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2632 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 35 ILCS 5/21335 ILCS 5/21435 ILCS 5/22235 ILCS 5/22335 ILCS 5/240820 ILCS 130/2 35 ILCS 5/213 35 ILCS 5/214 35 ILCS 5/222 35 ILCS 5/223 35 ILCS 5/240 820 ILCS 130/2 Amends the Illinois Income Tax Act and the Prevailing Wage Act. Provides that certain transferable tax credits are considered public works within the meaning of the Prevailing Wage Act. Effective immediately. LRB104 09586 HLH 19649 b LRB104 09586 HLH 19649 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2632 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 5/21335 ILCS 5/21435 ILCS 5/22235 ILCS 5/22335 ILCS 5/240820 ILCS 130/2 35 ILCS 5/213 35 ILCS 5/214 35 ILCS 5/222 35 ILCS 5/223 35 ILCS 5/240 820 ILCS 130/2
4	4	35 ILCS 5/213
5	5	35 ILCS 5/214
6	6	35 ILCS 5/222
7	7	35 ILCS 5/223
8	8	35 ILCS 5/240
9	9	820 ILCS 130/2
10	10	Amends the Illinois Income Tax Act and the Prevailing Wage Act. Provides that certain transferable tax credits are considered public works within the meaning of the Prevailing Wage Act. Effective immediately.
11	11	LRB104 09586 HLH 19649 b LRB104 09586 HLH 19649 b
12	12	LRB104 09586 HLH 19649 b
13	13	A BILL FOR
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15	15	HB2632 LRB104 09586 HLH 19649 b
16	16	1 AN ACT concerning revenue.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Illinois Income Tax Act is amended by
20	20	5 changing Sections 213, 214, 222, 223, and 240 as follows:
21	21	6 (35 ILCS 5/213)
22	22	7 Sec. 213. Film production services credit.
23	23	8 (a) For tax years beginning on or after January 1, 2004, a
24	24	9 taxpayer who has been awarded a tax credit under the Film
25	25	10 Production Services Tax Credit Act or under the Film
26	26	11 Production Services Tax Credit Act of 2008 is entitled to a
27	27	12 credit against the taxes imposed under subsections (a) and (b)
28	28	13 of Section 201 of this Act in an amount determined by the
29	29	14 Department of Commerce and Economic Opportunity under those
30	30	15 Acts. If the taxpayer is a partnership or Subchapter S
31	31	16 corporation, the credit is allowed to the partners or
32	32	17 shareholders in accordance with the determination of income
33	33	18 and distributive share of income under Sections 702 and 704
34	34	19 and Subchapter S of the Internal Revenue Code.
35	35	20 (b) Beginning July 1, 2024, taxpayers who have been
36	36	21 awarded a tax credit under the Film Production Services Tax
37	37	22 Credit Act of 2008 shall pay to the Department of Commerce and
38	38	23 Economic Opportunity, after determination of the tax credit
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2632 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
43	43	35 ILCS 5/21335 ILCS 5/21435 ILCS 5/22235 ILCS 5/22335 ILCS 5/240820 ILCS 130/2 35 ILCS 5/213 35 ILCS 5/214 35 ILCS 5/222 35 ILCS 5/223 35 ILCS 5/240 820 ILCS 130/2
44	44	35 ILCS 5/213
45	45	35 ILCS 5/214
46	46	35 ILCS 5/222
47	47	35 ILCS 5/223
48	48	35 ILCS 5/240
49	49	820 ILCS 130/2
50	50	Amends the Illinois Income Tax Act and the Prevailing Wage Act. Provides that certain transferable tax credits are considered public works within the meaning of the Prevailing Wage Act. Effective immediately.
51	51	LRB104 09586 HLH 19649 b LRB104 09586 HLH 19649 b
52	52	LRB104 09586 HLH 19649 b
53	53	A BILL FOR
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59	59	35 ILCS 5/213
60	60	35 ILCS 5/214
61	61	35 ILCS 5/222
62	62	35 ILCS 5/223
63	63	35 ILCS 5/240
64	64	820 ILCS 130/2
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83	83	1 amount but prior to the issuance of a tax credit certificate
84	84	2 pursuant to Section 35 of the Film Production Services Tax
85	85	3 Credit Act of 2008, a fee equal to 2.5% of the credit amount
86	86	4 awarded to the taxpayer under the Film Production Services Tax
87	87	5 Credit Act of 2008 that is attributable to wages paid to
88	88	6 nonresidents, as described in Section 10 of the Film
89	89	7 Production Services Tax Credit Act of 2008, and an additional
90	90	8 fee equal to 0.25% of the amount generated by subtracting the
91	91	9 credit amount awarded to the taxpayer under the Film
92	92	10 Production Services Tax Credit Act of 2008 that is
93	93	11 attributable to wages paid to nonresidents from the total
94	94	12 credit amount awarded to the taxpayer under that Act. All fees
95	95	13 collected under this subsection shall be deposited into the
96	96	14 Illinois Production Workforce Development Fund. No tax credit
97	97	15 certificate shall be issued by the Department of Commerce and
98	98	16 Economic Opportunity until the total fees owed according to
99	99	17 this subsection have been received by the Department of
100	100	18 Commerce and Economic Opportunity.
101	101	19 (c) A transfer of this credit may be made by the taxpayer
102	102	20 earning the credit within one year after the credit is awarded
103	103	21 in accordance with rules adopted by the Department of Commerce
104	104	22 and Economic Opportunity. Beginning July 1, 2023 and through
105	105	23 June 30, 2024, if a credit is transferred under this Section by
106	106	24 the taxpayer, then the transferor taxpayer shall pay to the
107	107	25 Department of Commerce and Economic Opportunity, upon
108	108	26 notification of a transfer, a fee equal to 2.5% of the
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119	119	1 transferred credit amount eligible for nonresident wages, as
120	120	2 described in Section 10 of the Film Production Services Tax
121	121	3 Credit Act of 2008, and an additional fee of 0.25% of the total
122	122	4 amount of the transferred credit that is not calculated on
123	123	5 nonresident wages, which shall be deposited into the Illinois
124	124	6 Production Workforce Development Fund. Projects funded in
125	125	7 whole or in part by the proceeds of tax credits transferred
126	126	8 pursuant to this subsection shall be considered public works
127	127	9 within the meaning of the Prevailing Wage Act.
128	128	10 (d) The Department, in cooperation with the Department of
129	129	11 Commerce and Economic Opportunity, must prescribe rules to
130	130	12 enforce and administer the provisions of this Section. This
131	131	13 Section is exempt from the provisions of Section 250 of this
132	132	14 Act.
133	133	15 (e) The credit may not be carried back. If the amount of
134	134	16 the credit exceeds the tax liability for the year, the excess
135	135	17 may be carried forward and applied to the tax liability of the
136	136	18 5 taxable years following the excess credit year. The credit
137	137	19 shall be applied to the earliest year for which there is a tax
138	138	20 liability. If there are credits from more than one tax year
139	139	21 that are available to offset a liability, the earlier credit
140	140	22 shall be applied first. In no event shall a credit under this
141	141	23 Section reduce the taxpayer's liability to less than zero.
142	142	24 (Source: P.A. 102-700, eff. 4-19-22; 103-595, eff. 6-26-24.)
143	143	25 (35 ILCS 5/214)
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154	154	1 Sec. 214. Tax credit for affordable housing donations.
155	155	2 (a) Beginning with taxable years ending on or after
156	156	3 December 31, 2001 and until the taxable year ending on
157	157	4 December 31, 2026, a taxpayer who makes a donation under
158	158	5 Section 7.28 of the Illinois Housing Development Act is
159	159	6 entitled to a credit against the tax imposed by subsections
160	160	7 (a) and (b) of Section 201 in an amount equal to 50% of the
161	161	8 value of the donation. For taxable years ending before
162	162	9 December 31, 2023, partners, shareholders of subchapter S
163	163	10 corporations, and owners of limited liability companies (if
164	164	11 the limited liability company is treated as a partnership for
165	165	12 purposes of federal and State income taxation) are entitled to
166	166	13 a credit under this Section to be determined in accordance
167	167	14 with the determination of income and distributive share of
168	168	15 income under Sections 702 and 703 and subchapter S of the
169	169	16 Internal Revenue Code. For taxable years ending on or after
170	170	17 December 31, 2023, partners and shareholders of subchapter S
171	171	18 corporations are entitled to a credit under this Section as
172	172	19 provided in Section 251. Persons or entities not subject to
173	173	20 the tax imposed by subsections (a) and (b) of Section 201 and
174	174	21 who make a donation under Section 7.28 of the Illinois Housing
175	175	22 Development Act are entitled to a credit as described in this
176	176	23 subsection and may transfer that credit as described in
177	177	24 subsection (c).
178	178	25 (b) If the amount of the credit exceeds the tax liability
179	179	26 for the year, the excess may be carried forward and applied to
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190	190	1 the tax liability of the 5 taxable years following the excess
191	191	2 credit year. The tax credit shall be applied to the earliest
192	192	3 year for which there is a tax liability. If there are credits
193	193	4 for more than one year that are available to offset a
194	194	5 liability, the earlier credit shall be applied first.
195	195	6 (c) The transfer of the tax credit allowed under this
196	196	7 Section may be made (i) to the purchaser of land that has been
197	197	8 designated solely for affordable housing projects in
198	198	9 accordance with the Illinois Housing Development Act or (ii)
199	199	10 to another donor who has also made a donation in accordance
200	200	11 with Section 7.28 of the Illinois Housing Development Act.
201	201	12 Projects funded in whole or in part by the proceeds of tax
202	202	13 credits transferred pursuant to this subsection shall be
203	203	14 considered public works within the meaning of the Prevailing
204	204	15 Wage Act.
205	205	16 (d) A taxpayer claiming the credit provided by this
206	206	17 Section must maintain and record any information that the
207	207	18 Department may require by regulation regarding the project for
208	208	19 which the credit is claimed. When claiming the credit provided
209	209	20 by this Section, the taxpayer must provide information
210	210	21 regarding the taxpayer's donation to the project under the
211	211	22 Illinois Housing Development Act.
212	212	23 (Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21;
213	213	24 103-396, eff. 1-1-24.)
214	214	25 (35 ILCS 5/222)
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225	225	1 Sec. 222. Live theater production credit.
226	226	2 (a) For tax years beginning on or after January 1, 2012 and
227	227	3 beginning prior to January 1, 2027, a taxpayer who has
228	228	4 received a tax credit award under the Live Theater Production
229	229	5 Tax Credit Act for a long-run production, a pre-Broadway
230	230	6 production, or a commercial Broadway touring show is entitled
231	231	7 to a credit against the taxes imposed under subsections (a)
232	232	8 and (b) of Section 201 of this Act in an amount determined
233	233	9 under that Act by the Department of Commerce and Economic
234	234	10 Opportunity.
235	235	11 (b) For taxable years ending before December 31, 2023, if
236	236	12 the taxpayer is a partnership, limited liability partnership,
237	237	13 limited liability company, or Subchapter S corporation, the
238	238	14 tax credit award is allowed to the partners, unit holders, or
239	239	15 shareholders in accordance with the determination of income
240	240	16 and distributive share of income under Sections 702 and 704
241	241	17 and Subchapter S of the Internal Revenue Code. For taxable
242	242	18 years ending on or after December 31, 2023, if the taxpayer is
243	243	19 a partnership or Subchapter S corporation, then the provisions
244	244	20 of Section 251 apply.
245	245	21 (c) A sale, assignment, or transfer of the tax credit
246	246	22 award may be made by the taxpayer earning the credit within one
247	247	23 year after the credit is awarded in accordance with rules
248	248	24 adopted by the Department of Commerce and Economic
249	249	25 Opportunity. Projects funded in whole or in part by the
250	250	26 proceeds of tax credits transferred pursuant to this
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261	261	1 subsection shall be considered public works within the meaning
262	262	2 of the Prevailing Wage Act.
263	263	3 (d) The Department of Revenue, in cooperation with the
264	264	4 Department of Commerce and Economic Opportunity, shall adopt
265	265	5 rules to enforce and administer the provisions of this
266	266	6 Section.
267	267	7 (e) The tax credit award may not be carried back. If the
268	268	8 amount of the credit exceeds the tax liability for the year,
269	269	9 the excess may be carried forward and applied to the tax
270	270	10 liability of the 5 tax years following the excess credit year.
271	271	11 The tax credit award shall be applied to the earliest year for
272	272	12 which there is a tax liability. If there are credits from more
273	273	13 than one tax year that are available to offset liability, the
274	274	14 earlier credit shall be applied first. In no event may a credit
275	275	15 under this Section reduce the taxpayer's liability to less
276	276	16 than zero.
277	277	17 (Source: P.A. 102-16, eff. 6-17-21; 103-396, eff. 1-1-24;
278	278	18 103-592, eff. 6-7-24.)
279	279	19 (35 ILCS 5/223)
280	280	20 Sec. 223. Hospital credit.
281	281	21 (a) For tax years ending on or after December 31, 2012 and
282	282	22 ending on or before December 31, 2027, a taxpayer that is the
283	283	23 owner of a hospital licensed under the Hospital Licensing Act,
284	284	24 but not including an organization that is exempt from federal
285	285	25 income taxes under the Internal Revenue Code, is entitled to a
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296	296	1 credit against the taxes imposed under subsections (a) and (b)
297	297	2 of Section 201 of this Act in an amount equal to the lesser of
298	298	3 the amount of real property taxes paid during the tax year on
299	299	4 real property used for hospital purposes during the prior tax
300	300	5 year or the cost of free or discounted services provided
301	301	6 during the tax year pursuant to the hospital's charitable
302	302	7 financial assistance policy, measured at cost.
303	303	8 (b) If the taxpayer is a partnership or Subchapter S
304	304	9 corporation, the credit is allowed to the partners or
305	305	10 shareholders in accordance with the determination of income
306	306	11 and distributive share of income under Sections 702 and 704
307	307	12 and Subchapter S of the Internal Revenue Code. A transfer of
308	308	13 this credit may be made by the taxpayer earning the credit
309	309	14 within one year after the credit is earned in accordance with
310	310	15 rules adopted by the Department. Projects funded in whole or
311	311	16 in part by the proceeds of tax credits transferred pursuant to
312	312	17 this subsection shall be considered public works within the
313	313	18 meaning of the Prevailing Wage Act. The Department shall
314	314	19 prescribe rules to enforce and administer provisions of this
315	315	20 Section. If the amount of the credit exceeds the tax liability
316	316	21 for the year, then the excess credit may be carried forward and
317	317	22 applied to the tax liability of the 5 taxable years following
318	318	23 the excess credit year. The credit shall be applied to the
319	319	24 earliest year for which there is a tax liability. If there are
320	320	25 credits from more than one tax year that are available to
321	321	26 offset a liability, the earlier credit shall be applied first.
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332	332	1 In no event shall a credit under this Section reduce the
333	333	2 taxpayer's liability to less than zero.
334	334	3 (Source: P.A. 102-700, eff. 4-19-22; 102-886, eff. 5-17-22.)
335	335	4 (35 ILCS 5/240)
336	336	5 Sec. 240. Hydrogen fuel replacement tax credits.
337	337	6 (a) For tax years ending on or after December 31, 2027 and
338	338	7 beginning before January 1, 2029, an eligible taxpayer who
339	339	8 qualifies for a credit under the Hydrogen Fuel Replacement Tax
340	340	9 Credit Act is entitled to a credit against the taxes imposed
341	341	10 under subsections (a) and (b) of Section 201 of this Act as
342	342	11 provided in that Act. If the eligible taxpayer is a
343	343	12 partnership or Subchapter S corporation, the credit shall be
344	344	13 allowed to the partners or shareholders in accordance with the
345	345	14 determination of income and distributive share of income under
346	346	15 Sections 702 and 704 and Subchapter S of the Internal Revenue
347	347	16 Code.
348	348	17 (b) If the amount of the credit exceeds the tax liability
349	349	18 for the year, the excess may be carried forward and applied to
350	350	19 the tax liability of the 5 taxable years following the excess
351	351	20 credit year. The credit shall be applied to the earliest year
352	352	21 for which there is a tax liability. If there are credits from
353	353	22 more than one tax year that are available to offset a
354	354	23 liability, the earlier credit shall be applied first. In no
355	355	24 event shall a credit under this Section reduce the taxpayer's
356	356	25 liability to less than zero.
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367	367	1 (c) A sale, assignment, or transfer of the tax credit may
368	368	2 be made by the taxpayer earning the credit within one year
369	369	3 after the credit is awarded in accordance with rules adopted
370	370	4 by the Department of Commerce and Economic Opportunity.
371	371	5 Projects funded in whole or in part by the proceeds of tax
372	372	6 credits transferred pursuant to this subsection shall be
373	373	7 considered public works within the meaning of the Prevailing
374	374	8 Wage Act.
375	375	9 (d) A person claiming the credit allowed under this
376	376	10 Section shall attach to its Illinois income tax return a copy
377	377	11 of the tax credit certificate or the transfer certificate
378	378	12 issued by the Department of Commerce and Economic Opportunity.
379	379	13 (Source: P.A. 103-268, eff. 7-25-23.)
380	380	14 Section 20. The Prevailing Wage Act is amended by changing
381	381	15 Section 2 as follows:
382	382	16 (820 ILCS 130/2)
383	383	17 Sec. 2. This Act applies to the wages of laborers,
384	384	18 mechanics and other workers employed in any public works, as
385	385	19 hereinafter defined, by any public body and to anyone under
386	386	20 contracts for public works. This includes any maintenance,
387	387	21 repair, assembly, or disassembly work performed on equipment
388	388	22 whether owned, leased, or rented.
389	389	23 As used in this Act, unless the context indicates
390	390	24 otherwise:
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401	401	1 "Public works" means all fixed works constructed or
402	402	2 demolished by any public body, or paid for wholly or in part
403	403	3 out of public funds. "Public works" as defined herein includes
404	404	4 all projects financed in whole or in part with bonds, grants,
405	405	5 loans, or other funds made available by or through the State or
406	406	6 any of its political subdivisions, including but not limited
407	407	7 to: bonds issued under the Industrial Project Revenue Bond Act
408	408	8 (Article 11, Division 74 of the Illinois Municipal Code), the
409	409	9 Industrial Building Revenue Bond Act, the Illinois Finance
410	410	10 Authority Act, the Illinois Sports Facilities Authority Act,
411	411	11 or the Build Illinois Bond Act; loans or other funds made
412	412	12 available pursuant to the Build Illinois Act; loans or other
413	413	13 funds made available pursuant to the Riverfront Development
414	414	14 Fund under Section 10-15 of the River Edge Redevelopment Zone
415	415	15 Act; funds received from the sale or transfer of tax credits
416	416	16 awarded by the State; or funds from the Fund for Illinois'
417	417	17 Future under Section 6z-47 of the State Finance Act, funds for
418	418	18 school construction under Section 5 of the General Obligation
419	419	19 Bond Act, funds authorized under Section 3 of the School
420	420	20 Construction Bond Act, funds for school infrastructure under
421	421	21 Section 6z-45 of the State Finance Act, and funds for
422	422	22 transportation purposes under Section 4 of the General
423	423	23 Obligation Bond Act. "Public works" also includes (i) all
424	424	24 projects financed in whole or in part with funds from the
425	425	25 Environmental Protection Agency under the Illinois Renewable
426	426	26 Fuels Development Program Act for which there is no project
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437	437	1 labor agreement; (ii) all work performed pursuant to a public
438	438	2 private agreement under the Public Private Agreements for the
439	439	3 Illiana Expressway Act or the Public-Private Agreements for
440	440	4 the South Suburban Airport Act; (iii) all projects undertaken
441	441	5 under a public-private agreement under the Public-Private
442	442	6 Partnerships for Transportation Act or the Department of
443	443	7 Natural Resources World Shooting and Recreational Complex Act;
444	444	8 and (iv) all transportation facilities undertaken under a
445	445	9 design-build contract or a Construction Manager/General
446	446	10 Contractor contract under the Innovations for Transportation
447	447	11 Infrastructure Act. "Public works" also includes all projects
448	448	12 at leased facility property used for airport purposes under
449	449	13 Section 35 of the Local Government Facility Lease Act. "Public
450	450	14 works" also includes the construction of a new wind power
451	451	15 facility by a business designated as a High Impact Business
452	452	16 under Section 5.5(a)(3)(E) and the construction of a new
453	453	17 utility-scale solar power facility by a business designated as
454	454	18 a High Impact Business under Section 5.5(a)(3)(E-5) of the
455	455	19 Illinois Enterprise Zone Act. "Public works" also includes
456	456	20 electric vehicle charging station projects financed pursuant
457	457	21 to the Electric Vehicle Act and renewable energy projects
458	458	22 required to pay the prevailing wage pursuant to the Illinois
459	459	23 Power Agency Act. "Public works" also includes power washing
460	460	24 projects by a public body or paid for wholly or in part out of
461	461	25 public funds in which steam or pressurized water, with or
462	462	26 without added abrasives or chemicals, is used to remove paint
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473	473	1 or other coatings, oils or grease, corrosion, or debris from a
474	474	2 surface or to prepare a surface for a coating. "Public works"
475	475	3 does not include work done directly by any public utility
476	476	4 company, whether or not done under public supervision or
477	477	5 direction, or paid for wholly or in part out of public funds.
478	478	6 "Public works" also includes construction projects performed
479	479	7 by a third party contracted by any public utility, as
480	480	8 described in subsection (a) of Section 2.1, in public
481	481	9 rights-of-way, as defined in Section 21-201 of the Public
482	482	10 Utilities Act, whether or not done under public supervision or
483	483	11 direction, or paid for wholly or in part out of public funds.
484	484	12 "Public works" also includes construction projects that exceed
485	485	13 15 aggregate miles of new fiber optic cable, performed by a
486	486	14 third party contracted by any public utility, as described in
487	487	15 subsection (b) of Section 2.1, in public rights-of-way, as
488	488	16 defined in Section 21-201 of the Public Utilities Act, whether
489	489	17 or not done under public supervision or direction, or paid for
490	490	18 wholly or in part out of public funds. "Public works" also
491	491	19 includes any corrective action performed pursuant to Title XVI
492	492	20 of the Environmental Protection Act for which payment from the
493	493	21 Underground Storage Tank Fund is requested. "Public works"
494	494	22 also includes all construction projects involving fixtures or
495	495	23 permanent attachments affixed to light poles that are owned by
496	496	24 a public body, including street light poles, traffic light
497	497	25 poles, and other lighting fixtures, whether or not done under
498	498	26 public supervision or direction, or paid for wholly or in part
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509	509	1 out of public funds, unless the project is performed by
510	510	2 employees employed directly by the public body. "Public works"
511	511	3 also includes work performed subject to the Mechanical
512	512	4 Insulation Energy and Safety Assessment Act. "Public works"
513	513	5 also includes the removal, hauling, and transportation of
514	514	6 biosolids, lime sludge, and lime residue from a water
515	515	7 treatment plant or facility and the disposal of biosolids,
516	516	8 lime sludge, and lime residue removed from a water treatment
517	517	9 plant or facility at a landfill. "Public works" does not
518	518	10 include projects undertaken by the owner at an owner-occupied
519	519	11 single-family residence or at an owner-occupied unit of a
520	520	12 multi-family residence. "Public works" does not include work
521	521	13 performed for soil and water conservation purposes on
522	522	14 agricultural lands, whether or not done under public
523	523	15 supervision or paid for wholly or in part out of public funds,
524	524	16 done directly by an owner or person who has legal control of
525	525	17 those lands.
526	526	18 "Construction" means all work on public works involving
527	527	19 laborers, workers or mechanics. This includes any maintenance,
528	528	20 repair, assembly, or disassembly work performed on equipment
529	529	21 whether owned, leased, or rented.
530	530	22 "Locality" means the county where the physical work upon
531	531	23 public works is performed, except (1) that if there is not
532	532	24 available in the county a sufficient number of competent
533	533	25 skilled laborers, workers and mechanics to construct the
534	534	26 public works efficiently and properly, "locality" includes any
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545	545	1 other county nearest the one in which the work or construction
546	546	2 is to be performed and from which such persons may be obtained
547	547	3 in sufficient numbers to perform the work and (2) that, with
548	548	4 respect to contracts for highway work with the Department of
549	549	5 Transportation of this State, "locality" may at the discretion
550	550	6 of the Secretary of the Department of Transportation be
551	551	7 construed to include two or more adjacent counties from which
552	552	8 workers may be accessible for work on such construction.
553	553	9 "Public body" means the State or any officer, board or
554	554	10 commission of the State or any political subdivision or
555	555	11 department thereof, or any institution supported in whole or
556	556	12 in part by public funds, and includes every county, city,
557	557	13 town, village, township, school district, irrigation, utility,
558	558	14 reclamation improvement or other district and every other
559	559	15 political subdivision, district or municipality of the state
560	560	16 whether such political subdivision, municipality or district
561	561	17 operates under a special charter or not.
562	562	18 "Labor organization" means an organization that is the
563	563	19 exclusive representative of an employer's employees recognized
564	564	20 or certified pursuant to the National Labor Relations Act.
565	565	21 The terms "general prevailing rate of hourly wages",
566	566	22 "general prevailing rate of wages" or "prevailing rate of
567	567	23 wages" when used in this Act mean the hourly cash wages plus
568	568	24 annualized fringe benefits for training and apprenticeship
569	569	25 programs approved by the U.S. Department of Labor, Bureau of
570	570	26 Apprenticeship and Training, health and welfare, insurance,
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581	581	1 vacations and pensions paid generally, in the locality in
582	582	2 which the work is being performed, to employees engaged in
583	583	3 work of a similar character on public works.
584	584	4 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
585	585	5 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
586	586	6 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
587	587	7 eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
588	588	8 103-605, eff. 7-1-24.)
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