IL
Illinois House Bill HB3647

Illinois 2023-2024 Regular Session

Illinois House Bill HB3647 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3647 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 Amends the Prevailing Wage Act. Provides that regardless of location, all laborers, workers, and mechanics who produce aggregate material that is incorporated, directly or indirectly, into public works or who process aggregate material into concrete, cement, or asphalt that is incorporated, directly or indirectly, into public works shall be deemed to be employed upon public works. Defines "aggregate materials" as rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured polymer, cement, concrete, asphalt, and like materials or any other material over which the State or its agencies or political subdivisions exercise engineering specification authority. LRB103 26344 SPS 52705 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3647 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 Amends the Prevailing Wage Act. Provides that regardless of location, all laborers, workers, and mechanics who produce aggregate material that is incorporated, directly or indirectly, into public works or who process aggregate material into concrete, cement, or asphalt that is incorporated, directly or indirectly, into public works shall be deemed to be employed upon public works. Defines "aggregate materials" as rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured polymer, cement, concrete, asphalt, and like materials or any other material over which the State or its agencies or political subdivisions exercise engineering specification authority. LRB103 26344 SPS 52705 b LRB103 26344 SPS 52705 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3647 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
33 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3
44 820 ILCS 130/2 from Ch. 48, par. 39s-2
55 820 ILCS 130/3 from Ch. 48, par. 39s-3
66 Amends the Prevailing Wage Act. Provides that regardless of location, all laborers, workers, and mechanics who produce aggregate material that is incorporated, directly or indirectly, into public works or who process aggregate material into concrete, cement, or asphalt that is incorporated, directly or indirectly, into public works shall be deemed to be employed upon public works. Defines "aggregate materials" as rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured polymer, cement, concrete, asphalt, and like materials or any other material over which the State or its agencies or political subdivisions exercise engineering specification authority.
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1212 1 AN ACT concerning employment.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Prevailing Wage Act is amended by changing
1616 5 Sections 2 and 3 as follows:
1717 6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
1818 7 Sec. 2. This Act applies to the wages of laborers,
1919 8 mechanics and other workers employed in any public works, as
2020 9 hereinafter defined, by any public body and to anyone under
2121 10 contracts for public works. This includes any maintenance,
2222 11 repair, assembly, or disassembly work performed on equipment
2323 12 whether owned, leased, or rented.
2424 13 As used in this Act, unless the context indicates
2525 14 otherwise:
2626 15 "Public works" means all fixed works constructed or
2727 16 demolished by any public body, or paid for wholly or in part
2828 17 out of public funds. "Public works" as defined herein includes
2929 18 all projects financed in whole or in part with bonds, grants,
3030 19 loans, or other funds made available by or through the State or
3131 20 any of its political subdivisions, including but not limited
3232 21 to: bonds issued under the Industrial Project Revenue Bond Act
3333 22 (Article 11, Division 74 of the Illinois Municipal Code), the
3434 23 Industrial Building Revenue Bond Act, the Illinois Finance
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3647 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3939 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3
4040 820 ILCS 130/2 from Ch. 48, par. 39s-2
4141 820 ILCS 130/3 from Ch. 48, par. 39s-3
4242 Amends the Prevailing Wage Act. Provides that regardless of location, all laborers, workers, and mechanics who produce aggregate material that is incorporated, directly or indirectly, into public works or who process aggregate material into concrete, cement, or asphalt that is incorporated, directly or indirectly, into public works shall be deemed to be employed upon public works. Defines "aggregate materials" as rock, gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured polymer, cement, concrete, asphalt, and like materials or any other material over which the State or its agencies or political subdivisions exercise engineering specification authority.
4343 LRB103 26344 SPS 52705 b LRB103 26344 SPS 52705 b
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7171 1 Authority Act, the Illinois Sports Facilities Authority Act,
7272 2 or the Build Illinois Bond Act; loans or other funds made
7373 3 available pursuant to the Build Illinois Act; loans or other
7474 4 funds made available pursuant to the Riverfront Development
7575 5 Fund under Section 10-15 of the River Edge Redevelopment Zone
7676 6 Act; or funds from the Fund for Illinois' Future under Section
7777 7 6z-47 of the State Finance Act, funds for school construction
7878 8 under Section 5 of the General Obligation Bond Act, funds
7979 9 authorized under Section 3 of the School Construction Bond
8080 10 Act, funds for school infrastructure under Section 6z-45 of
8181 11 the State Finance Act, and funds for transportation purposes
8282 12 under Section 4 of the General Obligation Bond Act. "Public
8383 13 works" also includes (i) all projects financed in whole or in
8484 14 part with funds from the Environmental Protection Agency under
8585 15 the Illinois Renewable Fuels Development Program Act for which
8686 16 there is no project labor agreement; (ii) all work performed
8787 17 pursuant to a public private agreement under the Public
8888 18 Private Agreements for the Illiana Expressway Act or the
8989 19 Public-Private Agreements for the South Suburban Airport Act;
9090 20 (iii) all projects undertaken under a public-private agreement
9191 21 under the Public-Private Partnerships for Transportation Act;
9292 22 and (iv) all transportation facilities undertaken under a
9393 23 design-build contract or a Construction Manager/General
9494 24 Contractor contract under the Innovations for Transportation
9595 25 Infrastructure Act. "Public works" also includes all projects
9696 26 at leased facility property used for airport purposes under
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107107 1 Section 35 of the Local Government Facility Lease Act. "Public
108108 2 works" also includes the construction of a new wind power
109109 3 facility by a business designated as a High Impact Business
110110 4 under Section 5.5(a)(3)(E) and the construction of a new
111111 5 utility-scale solar power facility by a business designated as
112112 6 a High Impact Business under Section 5.5(a)(3)(E-5) of the
113113 7 Illinois Enterprise Zone Act. "Public works" also includes
114114 8 electric vehicle charging station projects financed pursuant
115115 9 to the Electric Vehicle Act and renewable energy projects
116116 10 required to pay the prevailing wage pursuant to the Illinois
117117 11 Power Agency Act. "Public works" does not include work done
118118 12 directly by any public utility company, whether or not done
119119 13 under public supervision or direction, or paid for wholly or
120120 14 in part out of public funds. "Public works" also includes
121121 15 construction projects performed by a third party contracted by
122122 16 any public utility, as described in subsection (a) of Section
123123 17 2.1, in public rights-of-way, as defined in Section 21-201 of
124124 18 the Public Utilities Act, whether or not done under public
125125 19 supervision or direction, or paid for wholly or in part out of
126126 20 public funds. "Public works" also includes construction
127127 21 projects that exceed 15 aggregate miles of new fiber optic
128128 22 cable, performed by a third party contracted by any public
129129 23 utility, as described in subsection (b) of Section 2.1, in
130130 24 public rights-of-way, as defined in Section 21-201 of the
131131 25 Public Utilities Act, whether or not done under public
132132 26 supervision or direction, or paid for wholly or in part out of
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143143 1 public funds. "Public works" also includes any corrective
144144 2 action performed pursuant to Title XVI of the Environmental
145145 3 Protection Act for which payment from the Underground Storage
146146 4 Tank Fund is requested. "Public works" does not include
147147 5 projects undertaken by the owner at an owner-occupied
148148 6 single-family residence or at an owner-occupied unit of a
149149 7 multi-family residence. "Public works" does not include work
150150 8 performed for soil and water conservation purposes on
151151 9 agricultural lands, whether or not done under public
152152 10 supervision or paid for wholly or in part out of public funds,
153153 11 done directly by an owner or person who has legal control of
154154 12 those lands.
155155 13 "Construction" means all work on public works involving
156156 14 laborers, workers or mechanics. This includes any maintenance,
157157 15 repair, assembly, or disassembly work performed on equipment
158158 16 whether owned, leased, or rented.
159159 17 "Locality" means the county where the physical work upon
160160 18 public works is performed, except (1) that if there is not
161161 19 available in the county a sufficient number of competent
162162 20 skilled laborers, workers and mechanics to construct the
163163 21 public works efficiently and properly, "locality" includes any
164164 22 other county nearest the one in which the work or construction
165165 23 is to be performed and from which such persons may be obtained
166166 24 in sufficient numbers to perform the work and (2) that, with
167167 25 respect to contracts for highway work with the Department of
168168 26 Transportation of this State, "locality" may at the discretion
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179179 1 of the Secretary of the Department of Transportation be
180180 2 construed to include two or more adjacent counties from which
181181 3 workers may be accessible for work on such construction.
182182 4 "Public body" means the State or any officer, board or
183183 5 commission of the State or any political subdivision or
184184 6 department thereof, or any institution supported in whole or
185185 7 in part by public funds, and includes every county, city,
186186 8 town, village, township, school district, irrigation, utility,
187187 9 reclamation improvement or other district and every other
188188 10 political subdivision, district or municipality of the state
189189 11 whether such political subdivision, municipality or district
190190 12 operates under a special charter or not.
191191 13 "Labor organization" means an organization that is the
192192 14 exclusive representative of an employer's employees recognized
193193 15 or certified pursuant to the National Labor Relations Act.
194194 16 "Aggregate material" means rock, gravel, sand, pebbles,
195195 17 dirt, soil, clay, bitumen, cultured polymer, cement, concrete,
196196 18 asphalt, and like materials or any other material over which
197197 19 the State or its agencies or political subdivisions exercise
198198 20 engineering specification authority.
199199 21 The terms "general prevailing rate of hourly wages",
200200 22 "general prevailing rate of wages" or "prevailing rate of
201201 23 wages" when used in this Act mean the hourly cash wages plus
202202 24 annualized fringe benefits for training and apprenticeship
203203 25 programs approved by the U.S. Department of Labor, Bureau of
204204 26 Apprenticeship and Training, health and welfare, insurance,
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215215 1 vacations and pensions paid generally, in the locality in
216216 2 which the work is being performed, to employees engaged in
217217 3 work of a similar character on public works.
218218 4 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
219219 5 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
220220 6 6-15-22.)
221221 7 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
222222 8 Sec. 3. Not less than the general prevailing rate of
223223 9 hourly wages for work of a similar character on public works in
224224 10 the locality in which the work is performed, and not less than
225225 11 the general prevailing rate of hourly wages for legal holiday
226226 12 and overtime work, shall be paid to all laborers, workers, and
227227 13 mechanics employed by or on behalf of any public body engaged
228228 14 in the construction or demolition of public works. This
229229 15 includes any maintenance, repair, assembly, or disassembly
230230 16 work performed on equipment whether owned, leased, or rented.
231231 17 Only such laborers, workers, and mechanics as are directly
232232 18 employed by contractors or subcontractors in actual
233233 19 construction work on the site of the building or construction
234234 20 job, and, regardless of location, all laborers, workers, and
235235 21 mechanics who produce aggregate material that is incorporated,
236236 22 directly or indirectly, into public works or who process
237237 23 aggregate material into concrete, cement, or asphalt that is
238238 24 incorporated, directly or indirectly, into public works, and
239239 25 laborers, workers, and mechanics engaged in the transportation
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250250 1 of materials and equipment to or from the site, but not
251251 2 including the transportation by the sellers and suppliers or
252252 3 the manufacture or processing of materials, excluding
253253 4 aggregate materials, or equipment, in the execution of any
254254 5 contract or contracts for public works with any public body
255255 6 shall be deemed to be employed upon public works. The wage for
256256 7 a tradesman performing maintenance is equivalent to that of a
257257 8 tradesman engaged in construction or demolition.
258258 9 (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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