HB0363ham001 103RD GENERAL ASSEMBLY

Rep. Edgar Gonzalez, Jr.

Filed: 3/16/2023

10300HB0363ham001 LRB103 03890 DTM 58926 a

AMENDMENT TO HOUSE BILL 363

AMENDMENT NO. ______. Amend House Bill 363 by replacing everything after the enacting clause with the following:

"Section 5. The Employment of Illinois Workers on Public Works Act is amended by changing Section 1 and by adding Section 3.1 as follows:

(30 ILCS 570/1) (from Ch. 48, par. 2201)

Sec. 1. Definitions. For the purposes of this Act, the following words have the meanings ascribed to them in this Section.

(1) "Illinois laborer" refers to any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.

(2) "A period of excessive unemployment" means any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures.

(3) "Hazardous waste" has the definition ascribed to it in Section 3.220 of the Illinois Environmental Protection Act, approved June 29, 1970, as amended.

(4) "Interested party" means a person or entity with an interest in compliance with this Act.

(5) "Entity" means any sole proprietor, partnership, firm, corporation, limited liability company, association, or other business enterprise; however, the term "entity" does not include (i) the State of Illinois or its officers, agencies, or political subdivisions or (ii) the federal government.

(6) "Public works" means any fixed work construction or improvement for the State of Illinois or any political subdivision of the State if that fixed work construction or improvement is funded or financed in whole or in part with State funds or funds administered by the State of Illinois.

(7) "Adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code.

(8) "Certified welding inspector" means a person who is certified by the American Welding Society to inspect structural steel welding projects and conduct welder qualification tests.

(9) "Structural steel welding" means structural welds, weld repair, the structural system, and the welding of all primary steel members of a structure in accordance with the welding code. The term does not include welding that is required by the American Society of Mechanical Engineers to have its own certification.

(10) "Welding code" means the American Welding Society structural steel welding code D1.1, as in effect on July 1, 2023.

(11) "Department" means the Department of Labor.

(Source: P.A. 96-929, eff. 6-16-10.)

(30 ILCS 570/3.1 new)

Sec. 3.1. Contractors. A contractor whose workers are welding the structural steel on a public works project shall ensure that all of the following occur:

(1) the workers performing the structural steel welding have been tested by and hold a valid certification from a certified welding inspector;

(2) the structural steel welding performed for the project meets adequate welding standards and is listed in the project's job specifications; and

(3) the structural steel welding inspections listed in the project's job specifications are completed by a certified welding inspector.".