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PROPOSED CONSTRUCTION/ENGINEERING - RELATED LEGISLATION
Introduced in the Illinois House of Representatives as of 15 February 2004
93rd ILLINOIS GENERAL ASSEMBLY
2004 SESSION
Prepared by Elias M. Gordan, PE, Attorney at Law
Gordan Law Offices, Tinley Park, IL
708.923.9735
NOTE: The House will reconvene Wednesday, 18 February. Key dates to remember:
Thursday, 4 March - Bills must get out of House Committee, to continue.
Thursday, 4 March - House recesses until Tuesday, 23 March (Perfunctory sessions 3/9, 3/17).
Friday, 2 April - House bills must be up for House vote by this date, to continue.
HB 3955 (B. Mitchell, R-Forsyth; Eddy, R-Hutsonville) - will reinstate tax exemptions for mining, off-highway hauling, processing, and maintenance equipment (exemptions were removed in 2003).
HB 3992 (Saviano, R-Elmwood Park) - will require that PEs, employees, and other project representatives clearly identify themselves and their vehicles, when on the jobsite. Failure to do so is a violation of the Professional Engineering Act. Also see Senate Bill 2435.
HB 3994 (Ryg, D-Vernon Hills) - will require contractors to give notice to the property owner, before filing a mechanics lien on the property.
HB 4012 (Froehlich, R-Schaumburg; Millner, R-Carol Stream; Sacia, R-Freeport; Mathias, R-Buffalo Grove) - will allow State Police to install automated traffic control systems in IDOT or Tollway work zones, and use photographs or other recorded images to catch violators.
HB 4030 (Saviano, R-Elmwood Park) - will require painters, drywall finishers, and glazing contractors to be licensed by the Department of Professional Regulation.
HB 4138 (Joyce, D-Chicago) - will provide that nothing in the Professional Engineering Act can be used to prevent PEs (or licensed engineering firms) from taking work from competitors, or to prevent anybody from exercising their rights under Federal labor law (such as unionizing). Also see Senate Bill 2289.
HB 4215 (Kosel, R-New Lenox) - will require subcontractors/suppliers to give notice of unpaid sums to owner within 60 days of first furnishing materials/labor on an existing commercial structure, or within 60 days of the structure's substantial completion, in order to retain mechanics lien rights. Current law requires notice within 60 days of starting work (for single-family owner-occupied residential work), or within 90 days of the date of last work.
HB 4255 (Bellock, R-Hinsdale) - shell bill, will address application of another state's laws to building and construction contracts.
HB 4323 (Black, R-Danville) - will require all State vehicles to display State and agency decals.
HB 4411 (Saviano, R-Elmwood Park) - will change provisions of the Plumbing License Law.
HB 4457 (Millner, R-Carol Stream) - will change allowable weights for concrete trucks.
HB 4550 (McKeon, D-Chicago; Lang, D-Skokie) - will require each State contractor to certify that services performed under the contract and its subcontracts, be performed in the U.S., by U.S. citizens, holders of valid U.S. immigrant visas, or both.
HB 4619 (Hoffman, D-Collinsville) - will allow State construction agencies, other than IDOT or the Tollway Authority, to use the design-build method for project delivery. Sets guidelines for the agencies to follow when using design build. HB 5938 (see below), currently a shell bill without any language, will most likely address design-build for IDOT and the Tollway.
HB 4659 (Pankau, R-Roselle) - will allow mechanics liens to be filed for rental of materials or equipment (currently, this is only allowed on public jobs).
HB 4670 (Hoffman, D-Collinsville) - will require workers compensation insurance rates to be charged based on hours worked by employees in specific job categories or classifications, and not based on the wages or salaries paid them.
HB 4760 (B. Mitchell, R-Forsyth) - will require that commercial liability policies providing coverage to “additional insureds”, cover the parties shown on the policy or endorsement schedule, with respect to liability arising
from the named insured's work for the additional insured, and
for acts/omissions of the additional insured, in connection with its general supervision of the named insured's work.
HB 4881 (Hoffman, D-Collinsville; Molaro, D-Chicago; W. Black, R-Danville) - will transfer jurisdiction over railroads, from the Illinois Commerce Commission, to IDOT.
HB 4883 (McKeon, D-Chicago) - will allow unsuccessful bidders, or their signatory contractors (such as unions), to sue a successful bidder on a construction project, that has purposefully misclassified one or more of its employees as independent contractors. Allows Director of Employment Security, or Industrial Commission, to shut down an employer found to be purposefully misclassifying employees as independent contractors, in violation of workers-compensation or unemployment-compensation laws. Employers found to be so violating the law will be barred from obtaining or renewing any permit, and from doing any State contracts.
HB 4947 (D. Miller, D-Calumet City; Yarbrough, D-Maywood; Colvin, D-Chicago; Giles, D-Chicago) - will raise small-business preference cutoff on State contracts, from $7.5 million to $10 million for wholesalers, and from $1.5 million to $6 million for retailers.
HB 5039 (Giles, D-Chicago) - shell bill, will address construction-bond reduction for State contractors.
HB 5051 (Froelich, R-Schaumburg; May, D-Highland Park) - will require State agencies to purchase recycled/recyclable products. This includes construction aggregates made with recycled cement concrete, tire rubber, glass, or asphalt. This also includes all stell products, and cement and asphalt concrete containing glass cullet, recycled fiber/plastic, or tire rubber. No mention of flyash.
HB 5094 (Meyer, R-Bolingbrook) - will set forth situations requiring a State EPA construction permit. Also see Senate Bill 2916.
HB 5132 (Reitz, D-Steeleville) - will require public body to have someone keep a daily job log, with the name of each contractor and subcontractor on a public works project. Will require employees to sign in and sign out from the job site. Will require each contractor and subcontractor to submit a photo ID of each employee working on a project. Will require that contractor/subcontractor employees produce photo IDs on request.
HB 5133 (Reitz, D-Steeleville) - will allow joint labor-management committees, or the Department of Labor, the right to sue employers that are not paying prevailing wages on public jobs.
HB 5134 (Reitz, D-Steeleville) - will extend prevailing-wage laws to workers doing work specifically designated for installation on a public works project.
HB 5135 (Reitz, D-Steeleville) - will extend prevailing-wage laws to workers at facilities dedicated exclusively, or nearly so, to a particular project, and located near the jobsite. See Senate Bill 2876.
HB 5141 (Reitz, D-Steeleville) - will allow non-home rule municipalities to impose tax of up to 1.5% (currently 0.5%). Taxes may be used for public infrastructure, transportation projects, property tax relief, or any combination (currently, does not allow use of these taxes for transportation projects).
HB 5190 (Dunn, R-Naperville) - will require Dept. of Commerce and Economic Opportunity to study effects of extending Daylight Savings Time to winter months (i.e., no “spring ahead, fall back”). Indiana follows this.
HB 5938 (Cross, R-Oswego) - shell bill right now, will allow IDOT and the Tollway Authority to utilize design-build project delivery.
HB 6562 (Nekritz, R-Northbrook) - will give Tollway power to contract with other entities (public or private) to electronically collect tolls, fees, or revenues for them. Also see Senate Bill 2842.
HB 6613 (Hoffman, D-Collinsville) - will require State to purchase or lease only materials made/supplied by firms whose products have a specified minimum percentage of U.S. or Canadian content. Requires State to purchase Illinois-made (or U.S.-made) goods, unless the Illinois-made (or U.S.-made) goods cost at least 10% more than other goods.
HB 6765 (Saviano, R-Elmwood Park) - will allow non-home rule municipalities to impose 0.5% tax without submitting same for referendum, unless 3% of voters object within 30 days. Taxes may be used for public infrastructure, transportation projects, police/fire protection, police/fire pensions, property tax relief, or any combination (currently, does not allow use of these taxes for transportation projects). Compare HB 5141.
HB 6843 (Hoffman, D-Collinsville) - will require community colleges to use qualifications-based selection for architectural, engineering, and land surveying services. Will provide for architectural, engineering, and land surveying services to be selected by the Capital Development Board (CDB) for universities; and for municipalities (including community college districts) whose projects are funded in whole or in part by the State.
HB 6854 (Joyce, D-Chicago) - will list requirements to be included in every homebuilding/ new home sale contract.
HB 6867 (Schmitz, R-Batavia) - will allow creation of Prairie Parkway Corridor Council, once certain events occur.
HB 6892 (Parke, R-Hoffman Estates; Bassi, R-Palatine) - will revoke 1.5% Industrial Commission Operations Fund Surcharge, and 0.045% Industrial Commission Operations Fund Fee, as of 1 July 2004.
HB 6913 (several Representatives) - will require toilet and handwashing facilities for building construction sites.
HB 6934 (E. Sullivan, R-Mundelein; Meyer, R-Bolingbrook; Mathias, R-Buffalo Grove) - will restore tax exemptions eliminated by Public Act 93-24 (including exemptions for mining, off-highway hauling, processing, and maintenance equipment). Also see House Bill 3955.
HB 6942 (various Republican representatives) - will, among other things, eliminate 36% truck-plate surcharge as of 1 July 2004.
HB 6983 (May, D-Highland Park) - when lowest responsible bidder on State contract is a non-resident, State may rebid, and award to a equal or lower resident re-bidder.
Law Office of Elias M. Gordan
16335 S. Harlem Ave., Suite 400
Tinley Park, IL 60477
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