Illinois 2023-2024 Regular Session

Illinois House Bill HB3717 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 HB3717 Introduced , by Rep. Martin J. Moylan 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 specified provisions of the Act apply to any survey work performed for construction control, layout, or grade checking. LRB103 26350 SPS 52711 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3717 Introduced , by Rep. Martin J. Moylan 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 specified provisions of the Act apply to any survey work performed for construction control, layout, or grade checking. LRB103 26350 SPS 52711 b LRB103 26350 SPS 52711 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3717 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3	3	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
4	4	820 ILCS 130/2 from Ch. 48, par. 39s-2
5	5	820 ILCS 130/3 from Ch. 48, par. 39s-3
6	6	Amends the Prevailing Wage Act. Provides that specified provisions of the Act apply to any survey work performed for construction control, layout, or grade checking.
7	7	LRB103 26350 SPS 52711 b LRB103 26350 SPS 52711 b
8	8	LRB103 26350 SPS 52711 b
9	9	A BILL FOR
10	10	HB3717LRB103 26350 SPS 52711 b HB3717 LRB103 26350 SPS 52711 b
11	11	HB3717 LRB103 26350 SPS 52711 b
12	12	1 AN ACT concerning employment.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Prevailing Wage Act is amended by changing
16	16	5 Sections 2 and 3 as follows:
17	17	6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
18	18	7 Sec. 2. This Act applies to the wages of laborers,
19	19	8 mechanics and other workers employed in any public works, as
20	20	9 hereinafter defined, by any public body and to anyone under
21	21	10 contracts for public works. This includes any maintenance,
22	22	11 repair, assembly, or disassembly work performed on equipment
23	23	12 whether owned, leased, or rented. This also includes any
24	24	13 survey work performed for construction control, layout, or
25	25	14 grade checking.
26	26	15 As used in this Act, unless the context indicates
27	27	16 otherwise:
28	28	17 "Public works" means all fixed works constructed or
29	29	18 demolished by any public body, or paid for wholly or in part
30	30	19 out of public funds. "Public works" as defined herein includes
31	31	20 all projects financed in whole or in part with bonds, grants,
32	32	21 loans, or other funds made available by or through the State or
33	33	22 any of its political subdivisions, including but not limited
34	34	23 to: bonds issued under the Industrial Project Revenue Bond Act
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3717 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
39	39	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
40	40	820 ILCS 130/2 from Ch. 48, par. 39s-2
41	41	820 ILCS 130/3 from Ch. 48, par. 39s-3
42	42	Amends the Prevailing Wage Act. Provides that specified provisions of the Act apply to any survey work performed for construction control, layout, or grade checking.
43	43	LRB103 26350 SPS 52711 b LRB103 26350 SPS 52711 b
44	44	LRB103 26350 SPS 52711 b
45	45	A BILL FOR
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51	51	820 ILCS 130/2 from Ch. 48, par. 39s-2
52	52	820 ILCS 130/3 from Ch. 48, par. 39s-3
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71	71	1 (Article 11, Division 74 of the Illinois Municipal Code), the
72	72	2 Industrial Building Revenue Bond Act, the Illinois Finance
73	73	3 Authority Act, the Illinois Sports Facilities Authority Act,
74	74	4 or the Build Illinois Bond Act; loans or other funds made
75	75	5 available pursuant to the Build Illinois Act; loans or other
76	76	6 funds made available pursuant to the Riverfront Development
77	77	7 Fund under Section 10-15 of the River Edge Redevelopment Zone
78	78	8 Act; or funds from the Fund for Illinois' Future under Section
79	79	9 6z-47 of the State Finance Act, funds for school construction
80	80	10 under Section 5 of the General Obligation Bond Act, funds
81	81	11 authorized under Section 3 of the School Construction Bond
82	82	12 Act, funds for school infrastructure under Section 6z-45 of
83	83	13 the State Finance Act, and funds for transportation purposes
84	84	14 under Section 4 of the General Obligation Bond Act. "Public
85	85	15 works" also includes (i) all projects financed in whole or in
86	86	16 part with funds from the Environmental Protection Agency under
87	87	17 the Illinois Renewable Fuels Development Program Act for which
88	88	18 there is no project labor agreement; (ii) all work performed
89	89	19 pursuant to a public private agreement under the Public
90	90	20 Private Agreements for the Illiana Expressway Act or the
91	91	21 Public-Private Agreements for the South Suburban Airport Act;
92	92	22 (iii) all projects undertaken under a public-private agreement
93	93	23 under the Public-Private Partnerships for Transportation Act;
94	94	24 and (iv) all transportation facilities undertaken under a
95	95	25 design-build contract or a Construction Manager/General
96	96	26 Contractor contract under the Innovations for Transportation
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107	107	1 Infrastructure Act. "Public works" also includes all projects
108	108	2 at leased facility property used for airport purposes under
109	109	3 Section 35 of the Local Government Facility Lease Act. "Public
110	110	4 works" also includes the construction of a new wind power
111	111	5 facility by a business designated as a High Impact Business
112	112	6 under Section 5.5(a)(3)(E) and the construction of a new
113	113	7 utility-scale solar power facility by a business designated as
114	114	8 a High Impact Business under Section 5.5(a)(3)(E-5) of the
115	115	9 Illinois Enterprise Zone Act. "Public works" also includes
116	116	10 electric vehicle charging station projects financed pursuant
117	117	11 to the Electric Vehicle Act and renewable energy projects
118	118	12 required to pay the prevailing wage pursuant to the Illinois
119	119	13 Power Agency Act. "Public works" does not include work done
120	120	14 directly by any public utility company, whether or not done
121	121	15 under public supervision or direction, or paid for wholly or
122	122	16 in part out of public funds. "Public works" also includes
123	123	17 construction projects performed by a third party contracted by
124	124	18 any public utility, as described in subsection (a) of Section
125	125	19 2.1, in public rights-of-way, as defined in Section 21-201 of
126	126	20 the Public Utilities Act, whether or not done under public
127	127	21 supervision or direction, or paid for wholly or in part out of
128	128	22 public funds. "Public works" also includes construction
129	129	23 projects that exceed 15 aggregate miles of new fiber optic
130	130	24 cable, performed by a third party contracted by any public
131	131	25 utility, as described in subsection (b) of Section 2.1, in
132	132	26 public rights-of-way, as defined in Section 21-201 of the
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143	143	1 Public Utilities Act, whether or not done under public
144	144	2 supervision or direction, or paid for wholly or in part out of
145	145	3 public funds. "Public works" also includes any corrective
146	146	4 action performed pursuant to Title XVI of the Environmental
147	147	5 Protection Act for which payment from the Underground Storage
148	148	6 Tank Fund is requested. "Public works" does not include
149	149	7 projects undertaken by the owner at an owner-occupied
150	150	8 single-family residence or at an owner-occupied unit of a
151	151	9 multi-family residence. "Public works" does not include work
152	152	10 performed for soil and water conservation purposes on
153	153	11 agricultural lands, whether or not done under public
154	154	12 supervision or paid for wholly or in part out of public funds,
155	155	13 done directly by an owner or person who has legal control of
156	156	14 those lands.
157	157	15 "Construction" means all work on public works involving
158	158	16 laborers, workers or mechanics. This includes any maintenance,
159	159	17 repair, assembly, or disassembly work performed on equipment
160	160	18 whether owned, leased, or rented. This also includes any
161	161	19 survey work performed for construction control, layout, or
162	162	20 grade checking.
163	163	21 "Locality" means the county where the physical work upon
164	164	22 public works is performed, except (1) that if there is not
165	165	23 available in the county a sufficient number of competent
166	166	24 skilled laborers, workers and mechanics to construct the
167	167	25 public works efficiently and properly, "locality" includes any
168	168	26 other county nearest the one in which the work or construction
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179	179	1 is to be performed and from which such persons may be obtained
180	180	2 in sufficient numbers to perform the work and (2) that, with
181	181	3 respect to contracts for highway work with the Department of
182	182	4 Transportation of this State, "locality" may at the discretion
183	183	5 of the Secretary of the Department of Transportation be
184	184	6 construed to include two or more adjacent counties from which
185	185	7 workers may be accessible for work on such construction.
186	186	8 "Public body" means the State or any officer, board or
187	187	9 commission of the State or any political subdivision or
188	188	10 department thereof, or any institution supported in whole or
189	189	11 in part by public funds, and includes every county, city,
190	190	12 town, village, township, school district, irrigation, utility,
191	191	13 reclamation improvement or other district and every other
192	192	14 political subdivision, district or municipality of the state
193	193	15 whether such political subdivision, municipality or district
194	194	16 operates under a special charter or not.
195	195	17 "Labor organization" means an organization that is the
196	196	18 exclusive representative of an employer's employees recognized
197	197	19 or certified pursuant to the National Labor Relations Act.
198	198	20 The terms "general prevailing rate of hourly wages",
199	199	21 "general prevailing rate of wages" or "prevailing rate of
200	200	22 wages" when used in this Act mean the hourly cash wages plus
201	201	23 annualized fringe benefits for training and apprenticeship
202	202	24 programs approved by the U.S. Department of Labor, Bureau of
203	203	25 Apprenticeship and Training, health and welfare, insurance,
204	204	26 vacations and pensions paid generally, in the locality in
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215	215	1 which the work is being performed, to employees engaged in
216	216	2 work of a similar character on public works.
217	217	3 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
218	218	4 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
219	219	5 6-15-22.)
220	220	6 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
221	221	7 Sec. 3. Not less than the general prevailing rate of
222	222	8 hourly wages for work of a similar character on public works in
223	223	9 the locality in which the work is performed, and not less than
224	224	10 the general prevailing rate of hourly wages for legal holiday
225	225	11 and overtime work, shall be paid to all laborers, workers and
226	226	12 mechanics employed by or on behalf of any public body engaged
227	227	13 in the construction or demolition of public works. This
228	228	14 includes any maintenance, repair, assembly, or disassembly
229	229	15 work performed on equipment whether owned, leased, or rented.
230	230	16 This also includes any survey work performed for construction
231	231	17 control, layout, or grade checking. Only such laborers,
232	232	18 workers and mechanics as are directly employed by contractors
233	233	19 or subcontractors in actual construction work on the site of
234	234	20 the building or construction job, and laborers, workers and
235	235	21 mechanics engaged in the transportation of materials and
236	236	22 equipment to or from the site, but not including the
237	237	23 transportation by the sellers and suppliers or the manufacture
238	238	24 or processing of materials or equipment, in the execution of
239	239	25 any contract or contracts for public works with any public
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250	250	1 body shall be deemed to be employed upon public works. The wage
251	251	2 for a tradesman performing maintenance is equivalent to that
252	252	3 of a tradesman engaged in construction or demolition.
253	253	4 (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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