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Illinois House Bill HB3753

Illinois 2025-2026 Regular Session

Illinois House Bill HB3753 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3753 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 130/2820 ILCS 130/3 from Ch. 48, par. 39s-3 Amends the Prevailing Wage Act. Provides that the transportation of ready-mixed concrete and aggregate materials shall be deemed to be employment upon public works. Includes additional trucking related activities within the scope of the Act. Includes in the calculation of the prevailing wage rate, rental costs for trucks and equipment provided by owner-operators. Defines terms. Effective immediately. LRB104 10561 SPS 20637 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3753 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 130/2820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 820 ILCS 130/3 from Ch. 48, par. 39s-3 Amends the Prevailing Wage Act. Provides that the transportation of ready-mixed concrete and aggregate materials shall be deemed to be employment upon public works. Includes additional trucking related activities within the scope of the Act. Includes in the calculation of the prevailing wage rate, rental costs for trucks and equipment provided by owner-operators. Defines terms. Effective immediately. LRB104 10561 SPS 20637 b LRB104 10561 SPS 20637 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3753 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED:
33 820 ILCS 130/2820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 820 ILCS 130/3 from Ch. 48, par. 39s-3
44 820 ILCS 130/2
55 820 ILCS 130/3 from Ch. 48, par. 39s-3
66 Amends the Prevailing Wage Act. Provides that the transportation of ready-mixed concrete and aggregate materials shall be deemed to be employment upon public works. Includes additional trucking related activities within the scope of the Act. Includes in the calculation of the prevailing wage rate, rental costs for trucks and equipment provided by owner-operators. Defines terms. Effective immediately.
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1212 1 AN ACT concerning employment.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Prevailing Wage Act is amended by changing
1616 5 Sections 2 and 3 as follows:
1717 6 (820 ILCS 130/2)
1818 7 Sec. 2. This Act applies to the wages of laborers,
1919 8 mechanics and other workers employed in any public works, as
2020 9 hereinafter defined, by any public body and to anyone under
2121 10 contracts for public works. This includes any maintenance,
2222 11 repair, assembly, or disassembly work performed on equipment
2323 12 whether owned, leased, or rented.
2424 13 As used in this Act, unless the context indicates
2525 14 otherwise:
2626 15 "Public works" means all fixed works constructed or
2727 16 demolished by any public body, or paid for wholly or in part
2828 17 out of public funds. "Public works" as defined herein includes
2929 18 all projects financed in whole or in part with bonds, grants,
3030 19 loans, or other funds made available by or through the State or
3131 20 any of its political subdivisions, including but not limited
3232 21 to: bonds issued under the Industrial Project Revenue Bond Act
3333 22 (Article 11, Division 74 of the Illinois Municipal Code), the
3434 23 Industrial Building Revenue Bond Act, the Illinois Finance
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3753 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED:
3939 820 ILCS 130/2820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/2 820 ILCS 130/3 from Ch. 48, par. 39s-3
4040 820 ILCS 130/2
4141 820 ILCS 130/3 from Ch. 48, par. 39s-3
4242 Amends the Prevailing Wage Act. Provides that the transportation of ready-mixed concrete and aggregate materials shall be deemed to be employment upon public works. Includes additional trucking related activities within the scope of the Act. Includes in the calculation of the prevailing wage rate, rental costs for trucks and equipment provided by owner-operators. Defines terms. Effective immediately.
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7171 1 Authority Act, the Illinois Sports Facilities Authority Act,
7272 2 or the Build Illinois Bond Act; loans or other funds made
7373 3 available pursuant to the Build Illinois Act; loans or other
7474 4 funds made available pursuant to the Riverfront Development
7575 5 Fund under Section 10-15 of the River Edge Redevelopment Zone
7676 6 Act; or funds from the Fund for Illinois' Future under Section
7777 7 6z-47 of the State Finance Act, funds for school construction
7878 8 under Section 5 of the General Obligation Bond Act, funds
7979 9 authorized under Section 3 of the School Construction Bond
8080 10 Act, funds for school infrastructure under Section 6z-45 of
8181 11 the State Finance Act, and funds for transportation purposes
8282 12 under Section 4 of the General Obligation Bond Act. "Public
8383 13 works" also includes (i) all projects financed in whole or in
8484 14 part with funds from the Environmental Protection Agency under
8585 15 the Illinois Renewable Fuels Development Program Act for which
8686 16 there is no project labor agreement; (ii) all work performed
8787 17 pursuant to a public private agreement under the Public
8888 18 Private Agreements for the Illiana Expressway Act or the
8989 19 Public-Private Agreements for the South Suburban Airport Act;
9090 20 (iii) all projects undertaken under a public-private agreement
9191 21 under the Public-Private Partnerships for Transportation Act
9292 22 or the Department of Natural Resources World Shooting and
9393 23 Recreational Complex Act; and (iv) all transportation
9494 24 facilities undertaken under a design-build contract or a
9595 25 Construction Manager/General Contractor contract under the
9696 26 Innovations for Transportation Infrastructure Act. "Public
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107107 1 works" also includes all projects at leased facility property
108108 2 used for airport purposes under Section 35 of the Local
109109 3 Government Facility Lease Act. "Public works" also includes
110110 4 the construction of a new wind power facility by a business
111111 5 designated as a High Impact Business under Section
112112 6 5.5(a)(3)(E) and the construction of a new utility-scale solar
113113 7 power facility by a business designated as a High Impact
114114 8 Business under Section 5.5(a)(3)(E-5) of the Illinois
115115 9 Enterprise Zone Act. "Public works" also includes electric
116116 10 vehicle charging station projects financed pursuant to the
117117 11 Electric Vehicle Act and renewable energy projects required to
118118 12 pay the prevailing wage pursuant to the Illinois Power Agency
119119 13 Act. "Public works" also includes power washing projects by a
120120 14 public body or paid for wholly or in part out of public funds
121121 15 in which steam or pressurized water, with or without added
122122 16 abrasives or chemicals, is used to remove paint or other
123123 17 coatings, oils or grease, corrosion, or debris from a surface
124124 18 or to prepare a surface for a coating. "Public works" does not
125125 19 include work done directly by any public utility company,
126126 20 whether or not done under public supervision or direction, or
127127 21 paid for wholly or in part out of public funds. "Public works"
128128 22 also includes construction projects performed by a third party
129129 23 contracted by any public utility, as described in subsection
130130 24 (a) of Section 2.1, in public rights-of-way, as defined in
131131 25 Section 21-201 of the Public Utilities Act, whether or not
132132 26 done under public supervision or direction, or paid for wholly
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143143 1 or in part out of public funds. "Public works" also includes
144144 2 construction projects that exceed 15 aggregate miles of new
145145 3 fiber optic cable, performed by a third party contracted by
146146 4 any public utility, as described in subsection (b) of Section
147147 5 2.1, in public rights-of-way, as defined in Section 21-201 of
148148 6 the Public Utilities Act, whether or not done under public
149149 7 supervision or direction, or paid for wholly or in part out of
150150 8 public funds. "Public works" also includes any corrective
151151 9 action performed pursuant to Title XVI of the Environmental
152152 10 Protection Act for which payment from the Underground Storage
153153 11 Tank Fund is requested. "Public works" also includes all
154154 12 construction projects involving fixtures or permanent
155155 13 attachments affixed to light poles that are owned by a public
156156 14 body, including street light poles, traffic light poles, and
157157 15 other lighting fixtures, whether or not done under public
158158 16 supervision or direction, or paid for wholly or in part out of
159159 17 public funds, unless the project is performed by employees
160160 18 employed directly by the public body. "Public works" also
161161 19 includes work performed subject to the Mechanical Insulation
162162 20 Energy and Safety Assessment Act. "Public works" also includes
163163 21 the removal, hauling, and transportation of biosolids, lime
164164 22 sludge, and lime residue from a water treatment plant or
165165 23 facility and the disposal of biosolids, lime sludge, and lime
166166 24 residue removed from a water treatment plant or facility at a
167167 25 landfill. "Public works" does not include projects undertaken
168168 26 by the owner at an owner-occupied single-family residence or
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179179 1 at an owner-occupied unit of a multi-family residence. "Public
180180 2 works" does not include work performed for soil and water
181181 3 conservation purposes on agricultural lands, whether or not
182182 4 done under public supervision or paid for wholly or in part out
183183 5 of public funds, done directly by an owner or person who has
184184 6 legal control of those lands.
185185 7 "Construction" means all work on public works involving
186186 8 laborers, workers or mechanics. This includes any maintenance,
187187 9 repair, assembly, or disassembly work performed on equipment
188188 10 whether owned, leased, or rented.
189189 11 "Trucking broker" means an individual or business entity,
190190 12 the activities of which include, but are not limited to:
191191 13 (1) contracting to provide trucking services in the
192192 14 construction industry to users of those services;
193193 15 (2) contracting to obtain such service from providers
194194 16 of trucking services;
195195 17 (3) dispatching the providers of the services to do
196196 18 work as required by the users of such services;
197197 19 (4) receiving payment from the users in consideration
198198 20 of the trucking services provided; and
199199 21 (5) making payment to the providers for the services.
200200 22 "Trucking firm" means any legal business entity that owns
201201 23 one or more vehicles and hires the vehicles out for services to
202202 24 trucking brokers or contractors on public works projects.
203203 25 "Independent truck owner-operator" means an individual,
204204 26 partnership, or principal stockholder of a corporation that
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215215 1 owns or holds a vehicle under lease and that contracts that
216216 2 vehicle and the owner's services to an entity which provides
217217 3 construction services to a public works project.
218218 4 "Ready-mixed concrete" means concrete that is manufactured
219219 5 according to a set recipe for incorporation into a public
220220 6 works project.
221221 7 "Aggregate" or "excavated materials" includes, but is not
222222 8 limited to, rock, gravel, sand, pebbles, dirt, soil, clay,
223223 9 bitumen, cultured and polymer materials, cement, concrete,
224224 10 asphalt, slag, grindings, and recycled materials.
225225 11 "Stockpile" means aggregate or excavated materials that
226226 12 are placed in a location for temporary storage when all or
227227 13 substantially all of the aggregate or excavated material is
228228 14 relocated by loading and hauling it to another location for
229229 15 final placement.
230230 16 "Transportation" means any required hauling activities on
231231 17 the site of, or to or from, a public works project or stockpile
232232 18 regardless of whether the activity is performed by the prime
233233 19 contractor, subcontractor, trucking broker, trucking firm,
234234 20 independent truck owner-operator, or employee or agent of any
235235 21 of the foregoing entities and regardless of which entity or
236236 22 person hires or contracts with another.
237237 23 "Transportation of ready-mixed concrete" means receiving
238238 24 the concrete at the factory or batching plant, hauling and
239239 25 delivery to a public works project, and the return trip to the
240240 26 factory or batching plant, whether or not the factory or
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251251 1 batching plant is mobile or in a fixed location.
252252 2 "Transportation of aggregate or excavated materials"
253253 3 includes, but is not limited to, work, as required by the users
254254 4 of the services, for:
255255 5 (1) the hauling of any or all stockpiled materials on
256256 6 the project work site to other locations on the same
257257 7 project even if the trucks leave the work site at some
258258 8 point;
259259 9 (2) the delivery of materials from any facility or any
260260 10 stockpile to the project and the return haul to the
261261 11 starting location either empty or loaded;
262262 12 (3) the delivery of materials from another
263263 13 construction project site to the public works project and
264264 14 the return haul empty or loaded;
265265 15 (4) the hauling required to remove any materials from
266266 16 the public works project to a location off the project
267267 17 site and the return haul either empty or loaded; and
268268 18 (5) the delivery of materials by an employee of a
269269 19 seller or supplier and the return haul to the off-site
270270 20 facility or any stockpile empty or loaded by an employee
271271 21 of the seller or supplier.
272272 22 The hauling of aggregate or excavated materials by
273273 23 employees of a contractor or subcontractor that operates an
274274 24 asphalt or concrete plant, that was moved into a gravel pit,
275275 25 borrow pit, or other location not on the project, primarily to
276276 26 serve public works projects is considered work under the
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287287 1 contract.
288288 2 "Locality" means the county where the physical work upon
289289 3 public works is performed, except (1) that if there is not
290290 4 available in the county a sufficient number of competent
291291 5 skilled laborers, workers and mechanics to construct the
292292 6 public works efficiently and properly, "locality" includes any
293293 7 other county nearest the one in which the work or construction
294294 8 is to be performed and from which such persons may be obtained
295295 9 in sufficient numbers to perform the work and (2) that, with
296296 10 respect to contracts for highway work with the Department of
297297 11 Transportation of this State, "locality" may at the discretion
298298 12 of the Secretary of the Department of Transportation be
299299 13 construed to include two or more adjacent counties from which
300300 14 workers may be accessible for work on such construction.
301301 15 "Public body" means the State or any officer, board or
302302 16 commission of the State or any political subdivision or
303303 17 department thereof, or any institution supported in whole or
304304 18 in part by public funds, and includes every county, city,
305305 19 town, village, township, school district, irrigation, utility,
306306 20 reclamation improvement or other district and every other
307307 21 political subdivision, district or municipality of the state
308308 22 whether such political subdivision, municipality or district
309309 23 operates under a special charter or not.
310310 24 "Labor organization" means an organization that is the
311311 25 exclusive representative of an employer's employees recognized
312312 26 or certified pursuant to the National Labor Relations Act.
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323323 1 The terms "general prevailing rate of hourly wages",
324324 2 "general prevailing rate of wages" or "prevailing rate of
325325 3 wages" when used in this Act mean the hourly cash wages plus
326326 4 annualized fringe benefits for training and apprenticeship
327327 5 programs approved by the U.S. Department of Labor, Bureau of
328328 6 Apprenticeship and Training, health and welfare, insurance,
329329 7 vacations and pensions paid generally, in the locality in
330330 8 which the work is being performed, to employees engaged in
331331 9 work of a similar character on public works, and for those who
332332 10 own, such as an independent owner-operator, and operate a
333333 11 truck and are engaged in the transportation of ready-mixed
334334 12 concrete or transportation of aggregate or excavated
335335 13 materials, the prevailing rate, shall, in addition, include
336336 14 the equipment rate established by the Illinois Department of
337337 15 Transportation associated with the nature of the equipment
338338 16 operated and the rental rate paid for truck hire by those who
339339 17 own or operate a truck, whichever is applicable.
340340 18 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
341341 19 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
342342 20 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
343343 21 eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
344344 22 103-605, eff. 7-1-24.)
345345 23 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
346346 24 Sec. 3. Not less than the general prevailing rate of
347347 25 hourly wages for work of a similar character on public works in
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358358 1 the locality in which the work is performed, and not less than
359359 2 the general prevailing rate of hourly wages for legal holiday
360360 3 and overtime work, shall be paid to all laborers, workers and
361361 4 mechanics employed by or on behalf of any public body engaged
362362 5 in the construction or demolition of public works. This
363363 6 includes any maintenance, repair, assembly, or disassembly
364364 7 work performed on equipment whether owned, leased, or rented.
365365 8 All Only such laborers, workers, and mechanics as are directly
366366 9 employed by contractors or subcontractors in actual
367367 10 construction work on the site of the building or construction
368368 11 job shall be deemed to be employed upon public works. The
369369 12 transportation of ready-mixed concrete and transportation of
370370 13 aggregate or excavated materials to the job site or stockpile
371371 14 shall be deemed to be employed in construction upon public
372372 15 works. Laborers , and laborers, workers, and mechanics
373373 16 otherwise engaged in the transportation of materials and
374374 17 equipment to or from the site, but not including the
375375 18 transportation by the sellers and suppliers or the manufacture
376376 19 or processing of materials or equipment, in the execution of
377377 20 any contract or contracts for public works with any public
378378 21 body shall not be deemed to be employed upon public works. The
379379 22 wage for a tradesman performing maintenance is equivalent to
380380 23 that of a tradesman engaged in construction or demolition.
381381 24 (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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