Illinois 2023-2024 Regular Session

Illinois House Bill HB3792 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0359
2	1		HB3792 EnrolledLRB103 29638 SPS 56035 b HB3792 Enrolled LRB103 29638 SPS 56035 b
3	2		HB3792 Enrolled LRB103 29638 SPS 56035 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Prevailing Wage Act is amended by changing
8		-	Section 2 as follows:
9		-	(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
10		-	Sec. 2. This Act applies to the wages of laborers,
11		-	mechanics and other workers employed in any public works, as
12		-	hereinafter defined, by any public body and to anyone under
13		-	contracts for public works. This includes any maintenance,
14		-	repair, assembly, or disassembly work performed on equipment
15		-	whether owned, leased, or rented.
16		-	As used in this Act, unless the context indicates
17		-	otherwise:
18		-	"Public works" means all fixed works constructed or
19		-	demolished by any public body, or paid for wholly or in part
20		-	out of public funds. "Public works" as defined herein includes
21		-	all projects financed in whole or in part with bonds, grants,
22		-	loans, or other funds made available by or through the State or
23		-	any of its political subdivisions, including but not limited
24		-	to: bonds issued under the Industrial Project Revenue Bond Act
25		-	(Article 11, Division 74 of the Illinois Municipal Code), the
26		-	Industrial Building Revenue Bond Act, the Illinois Finance
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Prevailing Wage Act is amended by changing
	7	+	5 Section 2 as follows:
	8	+	6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
	9	+	7 Sec. 2. This Act applies to the wages of laborers,
	10	+	8 mechanics and other workers employed in any public works, as
	11	+	9 hereinafter defined, by any public body and to anyone under
	12	+	10 contracts for public works. This includes any maintenance,
	13	+	11 repair, assembly, or disassembly work performed on equipment
	14	+	12 whether owned, leased, or rented.
	15	+	13 As used in this Act, unless the context indicates
	16	+	14 otherwise:
	17	+	15 "Public works" means all fixed works constructed or
	18	+	16 demolished by any public body, or paid for wholly or in part
	19	+	17 out of public funds. "Public works" as defined herein includes
	20	+	18 all projects financed in whole or in part with bonds, grants,
	21	+	19 loans, or other funds made available by or through the State or
	22	+	20 any of its political subdivisions, including but not limited
	23	+	21 to: bonds issued under the Industrial Project Revenue Bond Act
	24	+	22 (Article 11, Division 74 of the Illinois Municipal Code), the
	25	+	23 Industrial Building Revenue Bond Act, the Illinois Finance
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33		-	Authority Act, the Illinois Sports Facilities Authority Act,
34		-	or the Build Illinois Bond Act; loans or other funds made
35		-	available pursuant to the Build Illinois Act; loans or other
36		-	funds made available pursuant to the Riverfront Development
37		-	Fund under Section 10-15 of the River Edge Redevelopment Zone
38		-	Act; or funds from the Fund for Illinois' Future under Section
39		-	6z-47 of the State Finance Act, funds for school construction
40		-	under Section 5 of the General Obligation Bond Act, funds
41		-	authorized under Section 3 of the School Construction Bond
42		-	Act, funds for school infrastructure under Section 6z-45 of
43		-	the State Finance Act, and funds for transportation purposes
44		-	under Section 4 of the General Obligation Bond Act. "Public
45		-	works" also includes (i) all projects financed in whole or in
46		-	part with funds from the Environmental Protection Agency under
47		-	the Illinois Renewable Fuels Development Program Act for which
48		-	there is no project labor agreement; (ii) all work performed
49		-	pursuant to a public private agreement under the Public
50		-	Private Agreements for the Illiana Expressway Act or the
51		-	Public-Private Agreements for the South Suburban Airport Act;
52		-	(iii) all projects undertaken under a public-private agreement
53		-	under the Public-Private Partnerships for Transportation Act;
54		-	and (iv) all transportation facilities undertaken under a
55		-	design-build contract or a Construction Manager/General
56		-	Contractor contract under the Innovations for Transportation
57		-	Infrastructure Act. "Public works" also includes all projects
58		-	at leased facility property used for airport purposes under
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	33	+	HB3792 Enrolled - 2 - LRB103 29638 SPS 56035 b
	34	+	1 Authority Act, the Illinois Sports Facilities Authority Act,
	35	+	2 or the Build Illinois Bond Act; loans or other funds made
	36	+	3 available pursuant to the Build Illinois Act; loans or other
	37	+	4 funds made available pursuant to the Riverfront Development
	38	+	5 Fund under Section 10-15 of the River Edge Redevelopment Zone
	39	+	6 Act; or funds from the Fund for Illinois' Future under Section
	40	+	7 6z-47 of the State Finance Act, funds for school construction
	41	+	8 under Section 5 of the General Obligation Bond Act, funds
	42	+	9 authorized under Section 3 of the School Construction Bond
	43	+	10 Act, funds for school infrastructure under Section 6z-45 of
	44	+	11 the State Finance Act, and funds for transportation purposes
	45	+	12 under Section 4 of the General Obligation Bond Act. "Public
	46	+	13 works" also includes (i) all projects financed in whole or in
	47	+	14 part with funds from the Environmental Protection Agency under
	48	+	15 the Illinois Renewable Fuels Development Program Act for which
	49	+	16 there is no project labor agreement; (ii) all work performed
	50	+	17 pursuant to a public private agreement under the Public
	51	+	18 Private Agreements for the Illiana Expressway Act or the
	52	+	19 Public-Private Agreements for the South Suburban Airport Act;
	53	+	20 (iii) all projects undertaken under a public-private agreement
	54	+	21 under the Public-Private Partnerships for Transportation Act;
	55	+	22 and (iv) all transportation facilities undertaken under a
	56	+	23 design-build contract or a Construction Manager/General
	57	+	24 Contractor contract under the Innovations for Transportation
	58	+	25 Infrastructure Act. "Public works" also includes all projects
	59	+	26 at leased facility property used for airport purposes under
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60	61
61		-	Section 35 of the Local Government Facility Lease Act. "Public
62		-	works" also includes the construction of a new wind power
63		-	facility by a business designated as a High Impact Business
64		-	under Section 5.5(a)(3)(E) and the construction of a new
65		-	utility-scale solar power facility by a business designated as
66		-	a High Impact Business under Section 5.5(a)(3)(E-5) of the
67		-	Illinois Enterprise Zone Act. "Public works" also includes
68		-	electric vehicle charging station projects financed pursuant
69		-	to the Electric Vehicle Act and renewable energy projects
70		-	required to pay the prevailing wage pursuant to the Illinois
71		-	Power Agency Act. "Public works" does not include work done
72		-	directly by any public utility company, whether or not done
73		-	under public supervision or direction, or paid for wholly or
74		-	in part out of public funds. "Public works" also includes
75		-	construction projects performed by a third party contracted by
76		-	any public utility, as described in subsection (a) of Section
77		-	2.1, in public rights-of-way, as defined in Section 21-201 of
78		-	the Public Utilities Act, whether or not done under public
79		-	supervision or direction, or paid for wholly or in part out of
80		-	public funds. "Public works" also includes construction
81		-	projects that exceed 15 aggregate miles of new fiber optic
82		-	cable, performed by a third party contracted by any public
83		-	utility, as described in subsection (b) of Section 2.1, in
84		-	public rights-of-way, as defined in Section 21-201 of the
85		-	Public Utilities Act, whether or not done under public
86		-	supervision or direction, or paid for wholly or in part out of
87	62
88	63
89		-	public funds. "Public works" also includes any corrective
90		-	action performed pursuant to Title XVI of the Environmental
91		-	Protection Act for which payment from the Underground Storage
92		-	Tank Fund is requested. "Public works" also includes all
93		-	construction projects involving fixtures or permanent
94		-	attachments affixed to light poles that are owned by a public
95		-	body, including street light poles, traffic light poles, and
96		-	other lighting fixtures, whether or not done under public
97		-	supervision or direction, or paid for wholly or in part out of
98		-	public funds, unless the project is performed by employees
99		-	employed directly by the public body. "Public works" does not
100		-	include projects undertaken by the owner at an owner-occupied
101		-	single-family residence or at an owner-occupied unit of a
102		-	multi-family residence. "Public works" does not include work
103		-	performed for soil and water conservation purposes on
104		-	agricultural lands, whether or not done under public
105		-	supervision or paid for wholly or in part out of public funds,
106		-	done directly by an owner or person who has legal control of
107		-	those lands.
108		-	"Construction" means all work on public works involving
109		-	laborers, workers or mechanics. This includes any maintenance,
110		-	repair, assembly, or disassembly work performed on equipment
111		-	whether owned, leased, or rented.
112		-	"Locality" means the county where the physical work upon
113		-	public works is performed, except (1) that if there is not
114		-	available in the county a sufficient number of competent
	64	+
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117		-	skilled laborers, workers and mechanics to construct the
118		-	public works efficiently and properly, "locality" includes any
119		-	other county nearest the one in which the work or construction
120		-	is to be performed and from which such persons may be obtained
121		-	in sufficient numbers to perform the work and (2) that, with
122		-	respect to contracts for highway work with the Department of
123		-	Transportation of this State, "locality" may at the discretion
124		-	of the Secretary of the Department of Transportation be
125		-	construed to include two or more adjacent counties from which
126		-	workers may be accessible for work on such construction.
127		-	"Public body" means the State or any officer, board or
128		-	commission of the State or any political subdivision or
129		-	department thereof, or any institution supported in whole or
130		-	in part by public funds, and includes every county, city,
131		-	town, village, township, school district, irrigation, utility,
132		-	reclamation improvement or other district and every other
133		-	political subdivision, district or municipality of the state
134		-	whether such political subdivision, municipality or district
135		-	operates under a special charter or not.
136		-	"Labor organization" means an organization that is the
137		-	exclusive representative of an employer's employees recognized
138		-	or certified pursuant to the National Labor Relations Act.
139		-	The terms "general prevailing rate of hourly wages",
140		-	"general prevailing rate of wages" or "prevailing rate of
141		-	wages" when used in this Act mean the hourly cash wages plus
142		-	annualized fringe benefits for training and apprenticeship
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	70	+	1 Section 35 of the Local Government Facility Lease Act. "Public
	71	+	2 works" also includes the construction of a new wind power
	72	+	3 facility by a business designated as a High Impact Business
	73	+	4 under Section 5.5(a)(3)(E) and the construction of a new
	74	+	5 utility-scale solar power facility by a business designated as
	75	+	6 a High Impact Business under Section 5.5(a)(3)(E-5) of the
	76	+	7 Illinois Enterprise Zone Act. "Public works" also includes
	77	+	8 electric vehicle charging station projects financed pursuant
	78	+	9 to the Electric Vehicle Act and renewable energy projects
	79	+	10 required to pay the prevailing wage pursuant to the Illinois
	80	+	11 Power Agency Act. "Public works" does not include work done
	81	+	12 directly by any public utility company, whether or not done
	82	+	13 under public supervision or direction, or paid for wholly or
	83	+	14 in part out of public funds. "Public works" also includes
	84	+	15 construction projects performed by a third party contracted by
	85	+	16 any public utility, as described in subsection (a) of Section
	86	+	17 2.1, in public rights-of-way, as defined in Section 21-201 of
	87	+	18 the Public Utilities Act, whether or not done under public
	88	+	19 supervision or direction, or paid for wholly or in part out of
	89	+	20 public funds. "Public works" also includes construction
	90	+	21 projects that exceed 15 aggregate miles of new fiber optic
	91	+	22 cable, performed by a third party contracted by any public
	92	+	23 utility, as described in subsection (b) of Section 2.1, in
	93	+	24 public rights-of-way, as defined in Section 21-201 of the
	94	+	25 Public Utilities Act, whether or not done under public
	95	+	26 supervision or direction, or paid for wholly or in part out of
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145		-	programs approved by the U.S. Department of Labor, Bureau of
146		-	Apprenticeship and Training, health and welfare, insurance,
147		-	vacations and pensions paid generally, in the locality in
148		-	which the work is being performed, to employees engaged in
149		-	work of a similar character on public works.
150		-	(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
151		-	102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
152		-	6-15-22.)
153		-	Section 99. Effective date. This Act takes effect upon
154		-	becoming law.
	98	+
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	104	+	HB3792 Enrolled- 4 -LRB103 29638 SPS 56035 b HB3792 Enrolled - 4 - LRB103 29638 SPS 56035 b
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	106	+	1 public funds. "Public works" also includes any corrective
	107	+	2 action performed pursuant to Title XVI of the Environmental
	108	+	3 Protection Act for which payment from the Underground Storage
	109	+	4 Tank Fund is requested. "Public works" also includes all
	110	+	5 construction projects involving fixtures or permanent
	111	+	6 attachments affixed to light poles that are owned by a public
	112	+	7 body, including street light poles, traffic light poles, and
	113	+	8 other lighting fixtures, whether or not done under public
	114	+	9 supervision or direction, or paid for wholly or in part out of
	115	+	10 public funds, unless the project is performed by employees
	116	+	11 employed directly by the public body. "Public works" does not
	117	+	12 include projects undertaken by the owner at an owner-occupied
	118	+	13 single-family residence or at an owner-occupied unit of a
	119	+	14 multi-family residence. "Public works" does not include work
	120	+	15 performed for soil and water conservation purposes on
	121	+	16 agricultural lands, whether or not done under public
	122	+	17 supervision or paid for wholly or in part out of public funds,
	123	+	18 done directly by an owner or person who has legal control of
	124	+	19 those lands.
	125	+	20 "Construction" means all work on public works involving
	126	+	21 laborers, workers or mechanics. This includes any maintenance,
	127	+	22 repair, assembly, or disassembly work performed on equipment
	128	+	23 whether owned, leased, or rented.
	129	+	24 "Locality" means the county where the physical work upon
	130	+	25 public works is performed, except (1) that if there is not
	131	+	26 available in the county a sufficient number of competent
	132	+
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	142	+	1 skilled laborers, workers and mechanics to construct the
	143	+	2 public works efficiently and properly, "locality" includes any
	144	+	3 other county nearest the one in which the work or construction
	145	+	4 is to be performed and from which such persons may be obtained
	146	+	5 in sufficient numbers to perform the work and (2) that, with
	147	+	6 respect to contracts for highway work with the Department of
	148	+	7 Transportation of this State, "locality" may at the discretion
	149	+	8 of the Secretary of the Department of Transportation be
	150	+	9 construed to include two or more adjacent counties from which
	151	+	10 workers may be accessible for work on such construction.
	152	+	11 "Public body" means the State or any officer, board or
	153	+	12 commission of the State or any political subdivision or
	154	+	13 department thereof, or any institution supported in whole or
	155	+	14 in part by public funds, and includes every county, city,
	156	+	15 town, village, township, school district, irrigation, utility,
	157	+	16 reclamation improvement or other district and every other
	158	+	17 political subdivision, district or municipality of the state
	159	+	18 whether such political subdivision, municipality or district
	160	+	19 operates under a special charter or not.
	161	+	20 "Labor organization" means an organization that is the
	162	+	21 exclusive representative of an employer's employees recognized
	163	+	22 or certified pursuant to the National Labor Relations Act.
	164	+	23 The terms "general prevailing rate of hourly wages",
	165	+	24 "general prevailing rate of wages" or "prevailing rate of
	166	+	25 wages" when used in this Act mean the hourly cash wages plus
	167	+	26 annualized fringe benefits for training and apprenticeship
	168	+
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	170	+
	171	+
	172	+
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	178	+	1 programs approved by the U.S. Department of Labor, Bureau of
	179	+	2 Apprenticeship and Training, health and welfare, insurance,
	180	+	3 vacations and pensions paid generally, in the locality in
	181	+	4 which the work is being performed, to employees engaged in
	182	+	5 work of a similar character on public works.
	183	+	6 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
	184	+	7 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
	185	+	8 6-15-22.)
	186	+	9 Section 99. Effective date. This Act takes effect upon
	187	+	10 becoming law.
	188	+
	189	+
	190	+
	191	+
	192	+
	193	+	HB3792 Enrolled - 6 - LRB103 29638 SPS 56035 b