HB3158 102ND GENERAL ASSEMBLY

LRB102 13549 JLS 18896 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3158

Introduced 2/19/2021, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

820 ILCS 130/3

from Ch. 48, par. 39s-3

Amends the Prevailing Wage Act. Provides that 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, laborers, workers, and mechanics engaged in the transportation of materials and equipment to or from the site, or laborers, workers, and mechanics engaged in the production, processing, reclamation, recycling, or manufacturing of materials, regardless of location, where those materials will be incorporated into a public works project and when the value of said material used in the public works project is greater than $250,000, but not including the transportation by the sellers and suppliers or the manufacture or processing of 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. Provides other exclusions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 3 as follows:

(820 ILCS 130/3) (from Ch. 48, par. 39s-3)

Sec. 3. Prevailing wage paid on public works; exceptions.

(a) 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.

(b) Only (1) 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, (2) and laborers, workers and mechanics engaged in the transportation of materials and equipment to or from the site, or (3) laborers, workers, and mechanics engaged in the production, processing, reclamation, recycling, or manufacturing of materials, regardless of location, where those materials will be incorporated into a public works project and when the value of said material used in the public works project is greater than $250,000, but not including the transportation by the sellers and suppliers or the manufacture or processing of 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. Production, processing, reclamation, recycling, or manufacturing of materials, including, but not limited to, rock, gravel, sand, pebbles, dirt, soil, clay, cement, concrete, asphalt, and like material shall include altering the shape, size, composition, or chemical structure of the material into a product that can be introduced into the public works project either directly or through some aggregate mixture.

(c) Workers involved in the pre-production and pre-manufacturing processes of those materials, including, but not limited to, collecting, cleaning, and sorting the materials shall not be deemed to be employed upon public works.

(d) Laborers, workers, and mechanics engaged in the transportation by the sellers and suppliers of materials or equipment shall not be deemed to be employed upon public works.

(e) 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.)