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
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
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
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A BILL FOR
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HB3753 LRB104 10561 SPS 20637 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 Prevailing Wage Act is amended by changing
5 Sections 2 and 3 as follows:
6 (820 ILCS 130/2)
7 Sec. 2. This Act applies to the wages of laborers,
8 mechanics and other workers employed in any public works, as
9 hereinafter defined, by any public body and to anyone under
10 contracts for public works. This includes any maintenance,
11 repair, assembly, or disassembly work performed on equipment
12 whether owned, leased, or rented.
13 As used in this Act, unless the context indicates
14 otherwise:
15 "Public works" means all fixed works constructed or
16 demolished by any public body, or paid for wholly or in part
17 out of public funds. "Public works" as defined herein includes
18 all projects financed in whole or in part with bonds, grants,
19 loans, or other funds made available by or through the State or
20 any of its political subdivisions, including but not limited
21 to: bonds issued under the Industrial Project Revenue Bond Act
22 (Article 11, Division 74 of the Illinois Municipal Code), the
23 Industrial Building Revenue Bond Act, the Illinois Finance
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
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.
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LRB104 10561 SPS 20637 b
A BILL FOR
820 ILCS 130/2
820 ILCS 130/3 from Ch. 48, par. 39s-3
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1 Authority Act, the Illinois Sports Facilities Authority Act,
2 or the Build Illinois Bond Act; loans or other funds made
3 available pursuant to the Build Illinois Act; loans or other
4 funds made available pursuant to the Riverfront Development
5 Fund under Section 10-15 of the River Edge Redevelopment Zone
6 Act; or funds from the Fund for Illinois' Future under Section
7 6z-47 of the State Finance Act, funds for school construction
8 under Section 5 of the General Obligation Bond Act, funds
9 authorized under Section 3 of the School Construction Bond
10 Act, funds for school infrastructure under Section 6z-45 of
11 the State Finance Act, and funds for transportation purposes
12 under Section 4 of the General Obligation Bond Act. "Public
13 works" also includes (i) all projects financed in whole or in
14 part with funds from the Environmental Protection Agency under
15 the Illinois Renewable Fuels Development Program Act for which
16 there is no project labor agreement; (ii) all work performed
17 pursuant to a public private agreement under the Public
18 Private Agreements for the Illiana Expressway Act or the
19 Public-Private Agreements for the South Suburban Airport Act;
20 (iii) all projects undertaken under a public-private agreement
21 under the Public-Private Partnerships for Transportation Act
22 or the Department of Natural Resources World Shooting and
23 Recreational Complex Act; and (iv) all transportation
24 facilities undertaken under a design-build contract or a
25 Construction Manager/General Contractor contract under the
26 Innovations for Transportation Infrastructure Act. "Public
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1 works" also includes all projects at leased facility property
2 used for airport purposes under Section 35 of the Local
3 Government Facility Lease Act. "Public works" also includes
4 the construction of a new wind power facility by a business
5 designated as a High Impact Business under Section
6 5.5(a)(3)(E) and the construction of a new utility-scale solar
7 power facility by a business designated as a High Impact
8 Business under Section 5.5(a)(3)(E-5) of the Illinois
9 Enterprise Zone Act. "Public works" also includes electric
10 vehicle charging station projects financed pursuant to the
11 Electric Vehicle Act and renewable energy projects required to
12 pay the prevailing wage pursuant to the Illinois Power Agency
13 Act. "Public works" also includes power washing projects by a
14 public body or paid for wholly or in part out of public funds
15 in which steam or pressurized water, with or without added
16 abrasives or chemicals, is used to remove paint or other
17 coatings, oils or grease, corrosion, or debris from a surface
18 or to prepare a surface for a coating. "Public works" does not
19 include work done directly by any public utility company,
20 whether or not done under public supervision or direction, or
21 paid for wholly or in part out of public funds. "Public works"
22 also includes construction projects performed by a third party
23 contracted by any public utility, as described in subsection
24 (a) of Section 2.1, in public rights-of-way, as defined in
25 Section 21-201 of the Public Utilities Act, whether or not
26 done under public supervision or direction, or paid for wholly
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1 or in part out of public funds. "Public works" also includes
2 construction projects that exceed 15 aggregate miles of new
3 fiber optic cable, performed by a third party contracted by
4 any public utility, as described in subsection (b) of Section
5 2.1, in public rights-of-way, as defined in Section 21-201 of
6 the Public Utilities Act, whether or not done under public
7 supervision or direction, or paid for wholly or in part out of
8 public funds. "Public works" also includes any corrective
9 action performed pursuant to Title XVI of the Environmental
10 Protection Act for which payment from the Underground Storage
11 Tank Fund is requested. "Public works" also includes all
12 construction projects involving fixtures or permanent
13 attachments affixed to light poles that are owned by a public
14 body, including street light poles, traffic light poles, and
15 other lighting fixtures, whether or not done under public
16 supervision or direction, or paid for wholly or in part out of
17 public funds, unless the project is performed by employees
18 employed directly by the public body. "Public works" also
19 includes work performed subject to the Mechanical Insulation
20 Energy and Safety Assessment Act. "Public works" also includes
21 the removal, hauling, and transportation of biosolids, lime
22 sludge, and lime residue from a water treatment plant or
23 facility and the disposal of biosolids, lime sludge, and lime
24 residue removed from a water treatment plant or facility at a
25 landfill. "Public works" does not include projects undertaken
26 by the owner at an owner-occupied single-family residence or
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1 at an owner-occupied unit of a multi-family residence. "Public
2 works" does not include work performed for soil and water
3 conservation purposes on agricultural lands, whether or not
4 done under public supervision or paid for wholly or in part out
5 of public funds, done directly by an owner or person who has
6 legal control of those lands.
7 "Construction" means all work on public works involving
8 laborers, workers or mechanics. This includes any maintenance,
9 repair, assembly, or disassembly work performed on equipment
10 whether owned, leased, or rented.
11 "Trucking broker" means an individual or business entity,
12 the activities of which include, but are not limited to:
13 (1) contracting to provide trucking services in the
14 construction industry to users of those services;
15 (2) contracting to obtain such service from providers
16 of trucking services;
17 (3) dispatching the providers of the services to do
18 work as required by the users of such services;
19 (4) receiving payment from the users in consideration
20 of the trucking services provided; and
21 (5) making payment to the providers for the services.
22 "Trucking firm" means any legal business entity that owns
23 one or more vehicles and hires the vehicles out for services to
24 trucking brokers or contractors on public works projects.
25 "Independent truck owner-operator" means an individual,
26 partnership, or principal stockholder of a corporation that
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1 owns or holds a vehicle under lease and that contracts that
2 vehicle and the owner's services to an entity which provides
3 construction services to a public works project.
4 "Ready-mixed concrete" means concrete that is manufactured
5 according to a set recipe for incorporation into a public
6 works project.
7 "Aggregate" or "excavated materials" includes, but is not
8 limited to, rock, gravel, sand, pebbles, dirt, soil, clay,
9 bitumen, cultured and polymer materials, cement, concrete,
10 asphalt, slag, grindings, and recycled materials.
11 "Stockpile" means aggregate or excavated materials that
12 are placed in a location for temporary storage when all or
13 substantially all of the aggregate or excavated material is
14 relocated by loading and hauling it to another location for
15 final placement.
16 "Transportation" means any required hauling activities on
17 the site of, or to or from, a public works project or stockpile
18 regardless of whether the activity is performed by the prime
19 contractor, subcontractor, trucking broker, trucking firm,
20 independent truck owner-operator, or employee or agent of any
21 of the foregoing entities and regardless of which entity or
22 person hires or contracts with another.
23 "Transportation of ready-mixed concrete" means receiving
24 the concrete at the factory or batching plant, hauling and
25 delivery to a public works project, and the return trip to the
26 factory or batching plant, whether or not the factory or
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1 batching plant is mobile or in a fixed location.
2 "Transportation of aggregate or excavated materials"
3 includes, but is not limited to, work, as required by the users
4 of the services, for:
5 (1) the hauling of any or all stockpiled materials on
6 the project work site to other locations on the same
7 project even if the trucks leave the work site at some
8 point;
9 (2) the delivery of materials from any facility or any
10 stockpile to the project and the return haul to the
11 starting location either empty or loaded;
12 (3) the delivery of materials from another
13 construction project site to the public works project and
14 the return haul empty or loaded;
15 (4) the hauling required to remove any materials from
16 the public works project to a location off the project
17 site and the return haul either empty or loaded; and
18 (5) the delivery of materials by an employee of a
19 seller or supplier and the return haul to the off-site
20 facility or any stockpile empty or loaded by an employee
21 of the seller or supplier.
22 The hauling of aggregate or excavated materials by
23 employees of a contractor or subcontractor that operates an
24 asphalt or concrete plant, that was moved into a gravel pit,
25 borrow pit, or other location not on the project, primarily to
26 serve public works projects is considered work under the
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1 contract.
2 "Locality" means the county where the physical work upon
3 public works is performed, except (1) that if there is not
4 available in the county a sufficient number of competent
5 skilled laborers, workers and mechanics to construct the
6 public works efficiently and properly, "locality" includes any
7 other county nearest the one in which the work or construction
8 is to be performed and from which such persons may be obtained
9 in sufficient numbers to perform the work and (2) that, with
10 respect to contracts for highway work with the Department of
11 Transportation of this State, "locality" may at the discretion
12 of the Secretary of the Department of Transportation be
13 construed to include two or more adjacent counties from which
14 workers may be accessible for work on such construction.
15 "Public body" means the State or any officer, board or
16 commission of the State or any political subdivision or
17 department thereof, or any institution supported in whole or
18 in part by public funds, and includes every county, city,
19 town, village, township, school district, irrigation, utility,
20 reclamation improvement or other district and every other
21 political subdivision, district or municipality of the state
22 whether such political subdivision, municipality or district
23 operates under a special charter or not.
24 "Labor organization" means an organization that is the
25 exclusive representative of an employer's employees recognized
26 or certified pursuant to the National Labor Relations Act.
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1 The terms "general prevailing rate of hourly wages",
2 "general prevailing rate of wages" or "prevailing rate of
3 wages" when used in this Act mean the hourly cash wages plus
4 annualized fringe benefits for training and apprenticeship
5 programs approved by the U.S. Department of Labor, Bureau of
6 Apprenticeship and Training, health and welfare, insurance,
7 vacations and pensions paid generally, in the locality in
8 which the work is being performed, to employees engaged in
9 work of a similar character on public works, and for those who
10 own, such as an independent owner-operator, and operate a
11 truck and are engaged in the transportation of ready-mixed
12 concrete or transportation of aggregate or excavated
13 materials, the prevailing rate, shall, in addition, include
14 the equipment rate established by the Illinois Department of
15 Transportation associated with the nature of the equipment
16 operated and the rental rate paid for truck hire by those who
17 own or operate a truck, whichever is applicable.
18 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
19 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
20 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
21 eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
22 103-605, eff. 7-1-24.)
23 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
24 Sec. 3. Not less than the general prevailing rate of
25 hourly wages for work of a similar character on public works in
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1 the locality in which the work is performed, and not less than
2 the general prevailing rate of hourly wages for legal holiday
3 and overtime work, shall be paid to all laborers, workers and
4 mechanics employed by or on behalf of any public body engaged
5 in the construction or demolition of public works. This
6 includes any maintenance, repair, assembly, or disassembly
7 work performed on equipment whether owned, leased, or rented.
8 All Only such laborers, workers, and mechanics as are directly
9 employed by contractors or subcontractors in actual
10 construction work on the site of the building or construction
11 job shall be deemed to be employed upon public works. The
12 transportation of ready-mixed concrete and transportation of
13 aggregate or excavated materials to the job site or stockpile
14 shall be deemed to be employed in construction upon public
15 works. Laborers , and laborers, workers, and mechanics
16 otherwise engaged in the transportation of materials and
17 equipment to or from the site, but not including the
18 transportation by the sellers and suppliers or the manufacture
19 or processing of materials or equipment, in the execution of
20 any contract or contracts for public works with any public
21 body shall not be deemed to be employed upon public works. The
22 wage for a tradesman performing maintenance is equivalent to
23 that of a tradesman engaged in construction or demolition.
24 (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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