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Illinois General Assembly· HB 3094Governor Approved

TRANSPORTATION BENEFIT PROGRAM, the official text

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HB3094 Enrolled                      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.
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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 Enrolled   -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 Enrolled  -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.)
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