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| Public Act 104-0272 | ||||
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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 Transportation Benefits Program Act is | ||||
amended by changing Sections 5 and 20 as follows: | ||||
(820 ILCS 63/5) | ||||
Sec. 5. Definitions. As used in this Act: | ||||
"Construction industry" means any constructing, altering, | ||||
reconstructing, repairing, rehabilitating, refinishing, | ||||
refurbishing, remodeling, remediating, renovating, custom | ||||
fabricating, maintenance, landscaping, improving, wrecking, | ||||
painting, decorating, demolishing, and adding to or | ||||
subtracting from any building, structure, highway, roadway, | ||||
street, bridge, alley, sewer, ditch, sewage disposal plant, | ||||
water works, parking facility, railroad, excavation or other | ||||
structure, project, development, or real property or | ||||
improvement, or any part thereof, whether or not the | ||||
performance of the work involves the addition to, or | ||||
fabrication into, any structure, project, development, or real | ||||
property or improvement of any material or article of | ||||
merchandise. "Construction industry" also includes moving | ||||
construction-related materials on the job site to or from the | ||||
job site, snow plowing, snow removal, and refuse collection. | ||||
"Covered employee" means any person who is employed by a | ||
covered employer performs an average of at least 35 hours of | ||
work per week for compensation on a full-time basis. | ||
"Covered employer" means any individual, partnership, | ||
association, corporation, limited liability company, | ||
government, non-profit organization, or business trust that | ||
directly or indirectly, or through an agent or any other | ||
person, employs or exercises control over wages, hours, or | ||
working conditions of an employee, and that: | ||
(1) is located in: Cook County; Warren Township in | ||
Lake County; Grant Township in Lake County; Frankfort | ||
Township in Will County; Wheatland Township in Will | ||
County; Addison Township; Bloomingdale Township; York | ||
Township; Milton Township; Winfield Township; Downers | ||
Grove Township; Lisle Township; Naperville Township; | ||
Dundee Township; Elgin Township; St. Charles Township; | ||
Geneva Township; Batavia Township; Aurora Township; Zion | ||
Township; Benton Township; Waukegan Township; Avon | ||
Township; Libertyville Township; Shields Township; Vernon | ||
Township; West Deerfield Township; Deerfield Township; | ||
McHenry Township; Nunda Township; Algonquin Township; | ||
DuPage Township; Homer Township; Lockport Township; | ||
Plainfield Township; New Lenox Township; Joliet Township; | ||
or Troy Township; and | ||
(2) employs 50 or more covered employees in a | ||
geographic area specified in paragraph (1) at an address | ||
that is located within one mile of fixed-route transit | ||
service. | ||
"Public transit" means any transportation system within | ||
the authority and jurisdiction of the Regional Transportation | ||
Authority. | ||
"Transit pass" means any pass, token, fare card, voucher, | ||
or similar item entitling a person to transportation on public | ||
transit. | ||
(Source: P.A. 103-291, eff. 1-1-24.) | ||
(820 ILCS 63/20) | ||
Sec. 20. Application of Act. | ||
(a) Nothing in this Act shall be deemed to interfere with, | ||
impede, or in any way diminish the right of employees to | ||
bargain collectively with their employers through | ||
representatives of their own choosing in order to establish | ||
wages or other conditions of work in excess of the applicable | ||
minimum standards of the provisions of this Act. Nothing in | ||
this Act shall be deemed to affect the validity or change the | ||
terms of bona fide collective bargaining agreements in force | ||
on the effective date of this Act. After the effective date of | ||
this Act, requirements of this Act may be waived in a bona fide | ||
collective bargaining agreement, but only if the waiver is set | ||
forth explicitly in such agreement in clear and unambiguous | ||
terms. | ||
(b) This Act does not apply to a covered employer in the | ||
construction industry with respect to employees with whom the | ||
covered employer has entered into a bona fide collective | ||
bargaining agreement. | ||
(Source: P.A. 103-291, eff. 1-1-24.) | ||