Bill Text: IL HB3647 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3647 Detail]

Download: Illinois-2023-HB3647-Introduced.html

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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.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Sections 2 and 3 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance

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Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act;
and (iv) all transportation facilities undertaken under a
design-build contract or a Construction Manager/General
Contractor contract under the Innovations for Transportation
Infrastructure Act. "Public works" also includes all projects
at leased facility property used for airport purposes under

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Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) and the construction of a new
utility-scale solar power facility by a business designated as
a High Impact Business under Section 5.5(a)(3)(E-5) of the
Illinois Enterprise Zone Act. "Public works" also includes
electric vehicle charging station projects financed pursuant
to the Electric Vehicle Act and renewable energy projects
required to pay the prevailing wage pursuant to the Illinois
Power Agency Act. "Public works" does not include work done
directly by any public utility company, whether or not done
under public supervision or direction, or paid for wholly or
in part out of public funds. "Public works" also includes
construction projects performed by a third party contracted by
any public utility, as described in subsection (a) of Section
2.1, in public rights-of-way, as defined in Section 21-201 of
the Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects that exceed 15 aggregate miles of new fiber optic
cable, performed by a third party contracted by any public
utility, as described in subsection (b) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of

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public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion

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of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
"Aggregate material" means 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.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,

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vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
6-15-22.)
(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
Sec. 3. Not less than the general prevailing rate of
hourly wages for work of a similar character on public works in
the locality in which the work is performed, and not less than
the general prevailing rate of hourly wages for legal holiday
and overtime work, shall be paid to all laborers, workers, and
mechanics employed by or on behalf of any public body engaged
in the construction or demolition of public works. This
includes any maintenance, repair, assembly, or disassembly
work performed on equipment whether owned, leased, or rented.
Only such laborers, workers, and mechanics as are directly
employed by contractors or subcontractors in actual
construction work on the site of the building or construction
job, and, 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, and
laborers, workers, and mechanics engaged in the transportation

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of materials and equipment to or from the site, but not
including the transportation by the sellers and suppliers or
the manufacture or processing of materials, excluding
aggregate materials, or equipment, in the execution of any
contract or contracts for public works with any public body
shall be deemed to be employed upon public works. The wage for
a tradesman performing maintenance is equivalent to that of a
tradesman engaged in construction or demolition.
(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)