Illinois General Assembly - Full Text of HB3717
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Full Text of HB3717  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Martin J. Moylan


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





HB3717LRB103 26350 SPS 52711 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Sections 2 and 3 as follows:
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented. This also includes any
13survey work performed for construction control, layout, or
14grade checking.
15    As used in this Act, unless the context indicates
17    "Public works" means all fixed works constructed or
18demolished by any public body, or paid for wholly or in part
19out of public funds. "Public works" as defined herein includes
20all projects financed in whole or in part with bonds, grants,
21loans, or other funds made available by or through the State or
22any of its political subdivisions, including but not limited
23to: bonds issued under the Industrial Project Revenue Bond Act



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1(Article 11, Division 74 of the Illinois Municipal Code), the
2Industrial Building Revenue Bond Act, the Illinois Finance
3Authority Act, the Illinois Sports Facilities Authority Act,
4or the Build Illinois Bond Act; loans or other funds made
5available pursuant to the Build Illinois Act; loans or other
6funds made available pursuant to the Riverfront Development
7Fund under Section 10-15 of the River Edge Redevelopment Zone
8Act; or funds from the Fund for Illinois' Future under Section
96z-47 of the State Finance Act, funds for school construction
10under Section 5 of the General Obligation Bond Act, funds
11authorized under Section 3 of the School Construction Bond
12Act, funds for school infrastructure under Section 6z-45 of
13the State Finance Act, and funds for transportation purposes
14under Section 4 of the General Obligation Bond Act. "Public
15works" also includes (i) all projects financed in whole or in
16part with funds from the Environmental Protection Agency under
17the Illinois Renewable Fuels Development Program Act for which
18there is no project labor agreement; (ii) all work performed
19pursuant to a public private agreement under the Public
20Private Agreements for the Illiana Expressway Act or the
21Public-Private Agreements for the South Suburban Airport Act;
22(iii) all projects undertaken under a public-private agreement
23under the Public-Private Partnerships for Transportation Act;
24and (iv) all transportation facilities undertaken under a
25design-build contract or a Construction Manager/General
26Contractor contract under the Innovations for Transportation



HB3717- 3 -LRB103 26350 SPS 52711 b

1Infrastructure Act. "Public works" also includes all projects
2at leased facility property used for airport purposes under
3Section 35 of the Local Government Facility Lease Act. "Public
4works" also includes the construction of a new wind power
5facility by a business designated as a High Impact Business
6under Section 5.5(a)(3)(E) and the construction of a new
7utility-scale solar power facility by a business designated as
8a High Impact Business under Section 5.5(a)(3)(E-5) of the
9Illinois Enterprise Zone Act. "Public works" also includes
10electric vehicle charging station projects financed pursuant
11to the Electric Vehicle Act and renewable energy projects
12required to pay the prevailing wage pursuant to the Illinois
13Power Agency Act. "Public works" does not include work done
14directly by any public utility company, whether or not done
15under public supervision or direction, or paid for wholly or
16in part out of public funds. "Public works" also includes
17construction projects performed by a third party contracted by
18any public utility, as described in subsection (a) of Section
192.1, in public rights-of-way, as defined in Section 21-201 of
20the Public Utilities Act, whether or not done under public
21supervision or direction, or paid for wholly or in part out of
22public funds. "Public works" also includes construction
23projects that exceed 15 aggregate miles of new fiber optic
24cable, performed by a third party contracted by any public
25utility, as described in subsection (b) of Section 2.1, in
26public rights-of-way, as defined in Section 21-201 of the



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1Public Utilities Act, whether or not done under public
2supervision or direction, or paid for wholly or in part out of
3public funds. "Public works" also includes any corrective
4action performed pursuant to Title XVI of the Environmental
5Protection Act for which payment from the Underground Storage
6Tank Fund is requested. "Public works" does not include
7projects undertaken by the owner at an owner-occupied
8single-family residence or at an owner-occupied unit of a
9multi-family residence. "Public works" does not include work
10performed for soil and water conservation purposes on
11agricultural lands, whether or not done under public
12supervision or paid for wholly or in part out of public funds,
13done directly by an owner or person who has legal control of
14those lands.
15    "Construction" means all work on public works involving
16laborers, workers or mechanics. This includes any maintenance,
17repair, assembly, or disassembly work performed on equipment
18whether owned, leased, or rented. This also includes any
19survey work performed for construction control, layout, or
20grade checking.
21    "Locality" means the county where the physical work upon
22public works is performed, except (1) that if there is not
23available in the county a sufficient number of competent
24skilled laborers, workers and mechanics to construct the
25public works efficiently and properly, "locality" includes any
26other county nearest the one in which the work or construction



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1is to be performed and from which such persons may be obtained
2in sufficient numbers to perform the work and (2) that, with
3respect to contracts for highway work with the Department of
4Transportation of this State, "locality" may at the discretion
5of the Secretary of the Department of Transportation be
6construed to include two or more adjacent counties from which
7workers may be accessible for work on such construction.
8    "Public body" means the State or any officer, board or
9commission of the State or any political subdivision or
10department thereof, or any institution supported in whole or
11in part by public funds, and includes every county, city,
12town, village, township, school district, irrigation, utility,
13reclamation improvement or other district and every other
14political subdivision, district or municipality of the state
15whether such political subdivision, municipality or district
16operates under a special charter or not.
17    "Labor organization" means an organization that is the
18exclusive representative of an employer's employees recognized
19or certified pursuant to the National Labor Relations Act.
20    The terms "general prevailing rate of hourly wages",
21"general prevailing rate of wages" or "prevailing rate of
22wages" when used in this Act mean the hourly cash wages plus
23annualized fringe benefits for training and apprenticeship
24programs approved by the U.S. Department of Labor, Bureau of
25Apprenticeship and Training, health and welfare, insurance,
26vacations and pensions paid generally, in the locality in



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1which the work is being performed, to employees engaged in
2work of a similar character on public works.
3(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
4102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
6    (820 ILCS 130/3)  (from Ch. 48, par. 39s-3)
7    Sec. 3. Not less than the general prevailing rate of
8hourly wages for work of a similar character on public works in
9the locality in which the work is performed, and not less than
10the general prevailing rate of hourly wages for legal holiday
11and overtime work, shall be paid to all laborers, workers and
12mechanics employed by or on behalf of any public body engaged
13in the construction or demolition of public works. This
14includes any maintenance, repair, assembly, or disassembly
15work performed on equipment whether owned, leased, or rented.
16This also includes any survey work performed for construction
17control, layout, or grade checking. Only such laborers,
18workers and mechanics as are directly employed by contractors
19or subcontractors in actual construction work on the site of
20the building or construction job, and laborers, workers and
21mechanics engaged in the transportation of materials and
22equipment to or from the site, but not including the
23transportation by the sellers and suppliers or the manufacture
24or processing of materials or equipment, in the execution of
25any contract or contracts for public works with any public



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1body shall be deemed to be employed upon public works. The wage
2for a tradesman performing maintenance is equivalent to that
3of a tradesman engaged in construction or demolition.
4(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)