Illinois 2023-2024 Regular Session

Illinois House Bill HB3269 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3269 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" does not include a construction project with a cost not exceeding $100,000 that is performed in a county with a population of 15,000 or less. LRB103 04926 SPS 49936 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3269 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" does not include a construction project with a cost not exceeding $100,000 that is performed in a county with a population of 15,000 or less. LRB103 04926 SPS 49936 b LRB103 04926 SPS 49936 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3269 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2
4	4	820 ILCS 130/2 from Ch. 48, par. 39s-2
5	5	Amends the Prevailing Wage Act. Provides that the definition of "public works" does not include a construction project with a cost not exceeding $100,000 that is performed in a county with a population of 15,000 or less.
6	6	LRB103 04926 SPS 49936 b LRB103 04926 SPS 49936 b
7	7	LRB103 04926 SPS 49936 b
8	8	A BILL FOR
9	9	HB3269LRB103 04926 SPS 49936 b HB3269 LRB103 04926 SPS 49936 b
10	10	HB3269 LRB103 04926 SPS 49936 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Prevailing Wage Act is amended by changing
15	15	5 Section 2 as follows:
16	16	6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
17	17	7 Sec. 2. This Act applies to the wages of laborers,
18	18	8 mechanics and other workers employed in any public works, as
19	19	9 hereinafter defined, by any public body and to anyone under
20	20	10 contracts for public works. This includes any maintenance,
21	21	11 repair, assembly, or disassembly work performed on equipment
22	22	12 whether owned, leased, or rented.
23	23	13 As used in this Act, unless the context indicates
24	24	14 otherwise:
25	25	15 "Public works" means all fixed works constructed or
26	26	16 demolished by any public body, or paid for wholly or in part
27	27	17 out of public funds. "Public works" as defined herein includes
28	28	18 all projects financed in whole or in part with bonds, grants,
29	29	19 loans, or other funds made available by or through the State or
30	30	20 any of its political subdivisions, including but not limited
31	31	21 to: bonds issued under the Industrial Project Revenue Bond Act
32	32	22 (Article 11, Division 74 of the Illinois Municipal Code), the
33	33	23 Industrial Building Revenue Bond Act, the Illinois Finance
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3269 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2
39	39	820 ILCS 130/2 from Ch. 48, par. 39s-2
40	40	Amends the Prevailing Wage Act. Provides that the definition of "public works" does not include a construction project with a cost not exceeding $100,000 that is performed in a county with a population of 15,000 or less.
41	41	LRB103 04926 SPS 49936 b LRB103 04926 SPS 49936 b
42	42	LRB103 04926 SPS 49936 b
43	43	A BILL FOR
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49	49	820 ILCS 130/2 from Ch. 48, par. 39s-2
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68	68	1 Authority Act, the Illinois Sports Facilities Authority Act,
69	69	2 or the Build Illinois Bond Act; loans or other funds made
70	70	3 available pursuant to the Build Illinois Act; loans or other
71	71	4 funds made available pursuant to the Riverfront Development
72	72	5 Fund under Section 10-15 of the River Edge Redevelopment Zone
73	73	6 Act; or funds from the Fund for Illinois' Future under Section
74	74	7 6z-47 of the State Finance Act, funds for school construction
75	75	8 under Section 5 of the General Obligation Bond Act, funds
76	76	9 authorized under Section 3 of the School Construction Bond
77	77	10 Act, funds for school infrastructure under Section 6z-45 of
78	78	11 the State Finance Act, and funds for transportation purposes
79	79	12 under Section 4 of the General Obligation Bond Act. "Public
80	80	13 works" also includes (i) all projects financed in whole or in
81	81	14 part with funds from the Environmental Protection Agency under
82	82	15 the Illinois Renewable Fuels Development Program Act for which
83	83	16 there is no project labor agreement; (ii) all work performed
84	84	17 pursuant to a public private agreement under the Public
85	85	18 Private Agreements for the Illiana Expressway Act or the
86	86	19 Public-Private Agreements for the South Suburban Airport Act;
87	87	20 (iii) all projects undertaken under a public-private agreement
88	88	21 under the Public-Private Partnerships for Transportation Act;
89	89	22 and (iv) all transportation facilities undertaken under a
90	90	23 design-build contract or a Construction Manager/General
91	91	24 Contractor contract under the Innovations for Transportation
92	92	25 Infrastructure Act. "Public works" also includes all projects
93	93	26 at leased facility property used for airport purposes under
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104	104	1 Section 35 of the Local Government Facility Lease Act. "Public
105	105	2 works" also includes the construction of a new wind power
106	106	3 facility by a business designated as a High Impact Business
107	107	4 under Section 5.5(a)(3)(E) and the construction of a new
108	108	5 utility-scale solar power facility by a business designated as
109	109	6 a High Impact Business under Section 5.5(a)(3)(E-5) of the
110	110	7 Illinois Enterprise Zone Act. "Public works" also includes
111	111	8 electric vehicle charging station projects financed pursuant
112	112	9 to the Electric Vehicle Act and renewable energy projects
113	113	10 required to pay the prevailing wage pursuant to the Illinois
114	114	11 Power Agency Act. "Public works" does not include work done
115	115	12 directly by any public utility company, whether or not done
116	116	13 under public supervision or direction, or paid for wholly or
117	117	14 in part out of public funds. "Public works" also includes
118	118	15 construction projects performed by a third party contracted by
119	119	16 any public utility, as described in subsection (a) of Section
120	120	17 2.1, in public rights-of-way, as defined in Section 21-201 of
121	121	18 the Public Utilities Act, whether or not done under public
122	122	19 supervision or direction, or paid for wholly or in part out of
123	123	20 public funds. "Public works" also includes construction
124	124	21 projects that exceed 15 aggregate miles of new fiber optic
125	125	22 cable, performed by a third party contracted by any public
126	126	23 utility, as described in subsection (b) of Section 2.1, in
127	127	24 public rights-of-way, as defined in Section 21-201 of the
128	128	25 Public Utilities Act, whether or not done under public
129	129	26 supervision or direction, or paid for wholly or in part out of
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140	140	1 public funds. "Public works" also includes any corrective
141	141	2 action performed pursuant to Title XVI of the Environmental
142	142	3 Protection Act for which payment from the Underground Storage
143	143	4 Tank Fund is requested. "Public works" does not include
144	144	5 projects undertaken by the owner at an owner-occupied
145	145	6 single-family residence or at an owner-occupied unit of a
146	146	7 multi-family residence. "Public works" does not include work
147	147	8 performed for soil and water conservation purposes on
148	148	9 agricultural lands, whether or not done under public
149	149	10 supervision or paid for wholly or in part out of public funds,
150	150	11 done directly by an owner or person who has legal control of
151	151	12 those lands. "Public works" does not include a construction
152	152	13 project with a cost not exceeding $100,000 that is performed
153	153	14 in a county with a population of 15,000 or less.
154	154	15 "Construction" means all work on public works involving
155	155	16 laborers, workers or mechanics. This includes any maintenance,
156	156	17 repair, assembly, or disassembly work performed on equipment
157	157	18 whether owned, leased, or rented.
158	158	19 "Locality" means the county where the physical work upon
159	159	20 public works is performed, except (1) that if there is not
160	160	21 available in the county a sufficient number of competent
161	161	22 skilled laborers, workers and mechanics to construct the
162	162	23 public works efficiently and properly, "locality" includes any
163	163	24 other county nearest the one in which the work or construction
164	164	25 is to be performed and from which such persons may be obtained
165	165	26 in sufficient numbers to perform the work and (2) that, with
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176	176	1 respect to contracts for highway work with the Department of
177	177	2 Transportation of this State, "locality" may at the discretion
178	178	3 of the Secretary of the Department of Transportation be
179	179	4 construed to include two or more adjacent counties from which
180	180	5 workers may be accessible for work on such construction.
181	181	6 "Public body" means the State or any officer, board or
182	182	7 commission of the State or any political subdivision or
183	183	8 department thereof, or any institution supported in whole or
184	184	9 in part by public funds, and includes every county, city,
185	185	10 town, village, township, school district, irrigation, utility,
186	186	11 reclamation improvement or other district and every other
187	187	12 political subdivision, district or municipality of the state
188	188	13 whether such political subdivision, municipality or district
189	189	14 operates under a special charter or not.
190	190	15 "Labor organization" means an organization that is the
191	191	16 exclusive representative of an employer's employees recognized
192	192	17 or certified pursuant to the National Labor Relations Act.
193	193	18 The terms "general prevailing rate of hourly wages",
194	194	19 "general prevailing rate of wages" or "prevailing rate of
195	195	20 wages" when used in this Act mean the hourly cash wages plus
196	196	21 annualized fringe benefits for training and apprenticeship
197	197	22 programs approved by the U.S. Department of Labor, Bureau of
198	198	23 Apprenticeship and Training, health and welfare, insurance,
199	199	24 vacations and pensions paid generally, in the locality in
200	200	25 which the work is being performed, to employees engaged in
201	201	26 work of a similar character on public works.
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212	212	1 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
213	213	2 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
214	214	3 6-15-22.)
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