HB3094 EngrossedLRB104 10989 SPS 21071 b HB3094 Engrossed LRB104 10989 SPS 21071 b HB3094 Engrossed LRB104 10989 SPS 21071 b 1 AN ACT concerning employment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Transportation Benefits Program Act is 5 amended by changing Sections 5 and 20 as follows: 6 (820 ILCS 63/5) 7 Sec. 5. Definitions. As used in this Act: 8 "Construction industry" means any constructing, altering, 9 reconstructing, repairing, rehabilitating, refinishing, 10 refurbishing, remodeling, remediating, renovating, custom 11 fabricating, maintenance, landscaping, improving, wrecking, 12 painting, decorating, demolishing, and adding to or 13 subtracting from any building, structure, highway, roadway, 14 street, bridge, alley, sewer, ditch, sewage disposal plant, 15 water works, parking facility, railroad, excavation or other 16 structure, project, development, or real property or 17 improvement, or any part thereof, whether or not the 18 performance of the work involves the addition to, or 19 fabrication into, any structure, project, development, or real 20 property or improvement of any material or article of 21 merchandise. "Construction industry" also includes moving 22 construction-related materials on the job site to or from the 23 job site, snow plowing, snow removal, and refuse collection. HB3094 Engrossed LRB104 10989 SPS 21071 b HB3094 Engrossed- 2 -LRB104 10989 SPS 21071 b HB3094 Engrossed - 2 - LRB104 10989 SPS 21071 b HB3094 Engrossed - 2 - LRB104 10989 SPS 21071 b 1 "Covered employee" means any person who is employed by a 2 covered employer performs an average of at least 35 hours of 3 work per week for compensation on a full-time basis. 4 "Covered employer" means any individual, partnership, 5 association, corporation, limited liability company, 6 government, non-profit organization, or business trust that 7 directly or indirectly, or through an agent or any other 8 person, employs or exercises control over wages, hours, or 9 working conditions of an employee, and that: 10 (1) is located in: Cook County; Warren Township in 11 Lake County; Grant Township in Lake County; Frankfort 12 Township in Will County; Wheatland Township in Will 13 County; Addison Township; Bloomingdale Township; York 14 Township; Milton Township; Winfield Township; Downers 15 Grove Township; Lisle Township; Naperville Township; 16 Dundee Township; Elgin Township; St. Charles Township; 17 Geneva Township; Batavia Township; Aurora Township; Zion 18 Township; Benton Township; Waukegan Township; Avon 19 Township; Libertyville Township; Shields Township; Vernon 20 Township; West Deerfield Township; Deerfield Township; 21 McHenry Township; Nunda Township; Algonquin Township; 22 DuPage Township; Homer Township; Lockport Township; 23 Plainfield Township; New Lenox Township; Joliet Township; 24 or Troy Township; and 25 (2) employs 50 or more covered employees in a 26 geographic area specified in paragraph (1) at an address HB3094 Engrossed - 2 - LRB104 10989 SPS 21071 b HB3094 Engrossed- 3 -LRB104 10989 SPS 21071 b HB3094 Engrossed - 3 - LRB104 10989 SPS 21071 b HB3094 Engrossed - 3 - LRB104 10989 SPS 21071 b 1 that is located within one mile of fixed-route transit 2 service. 3 "Public transit" means any transportation system within 4 the authority and jurisdiction of the Regional Transportation 5 Authority. 6 "Transit pass" means any pass, token, fare card, voucher, 7 or similar item entitling a person to transportation on public 8 transit. 9 (Source: P.A. 103-291, eff. 1-1-24.) 10 (820 ILCS 63/20) 11 Sec. 20. Application of Act. 12 (a) Nothing in this Act shall be deemed to interfere with, 13 impede, or in any way diminish the right of employees to 14 bargain collectively with their employers through 15 representatives of their own choosing in order to establish 16 wages or other conditions of work in excess of the applicable 17 minimum standards of the provisions of this Act. Nothing in 18 this Act shall be deemed to affect the validity or change the 19 terms of bona fide collective bargaining agreements in force 20 on the effective date of this Act. After the effective date of 21 this Act, requirements of this Act may be waived in a bona fide 22 collective bargaining agreement, but only if the waiver is set 23 forth explicitly in such agreement in clear and unambiguous 24 terms. 25 (b) This Act does not apply to a covered employer in the HB3094 Engrossed - 3 - LRB104 10989 SPS 21071 b HB3094 Engrossed- 4 -LRB104 10989 SPS 21071 b HB3094 Engrossed - 4 - LRB104 10989 SPS 21071 b HB3094 Engrossed - 4 - LRB104 10989 SPS 21071 b 1 construction industry with respect to employees with whom the 2 covered employer has entered into a bona fide collective 3 bargaining agreement. 4 (Source: P.A. 103-291, eff. 1-1-24.) HB3094 Engrossed - 4 - LRB104 10989 SPS 21071 b