State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Justin Slaughter


820 ILCS 130/2  from Ch. 48, par. 39s-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 the transportation of aggregate or excavated materials shall be deemed to be employment upon public works. Provides that all laborers, workers, and mechanics performing transportation of ready-mixed concrete and transportation of aggregate or excavated materials shall be deemed to be employed in actual construction work upon public works. Defines terms.

LRB102 26074 SPS 35539 b





HB5550LRB102 26074 SPS 35539 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Sections 2 and 3 as follows:
6    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance



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1Authority Act, the Illinois Sports Facilities Authority Act,
2or the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond
10Act, funds for school infrastructure under Section 6z-45 of
11the State Finance Act, and funds for transportation purposes
12under Section 4 of the General Obligation Bond Act. "Public
13works" also includes (i) all projects financed in whole or in
14part with funds from the Environmental Protection Agency under
15the Illinois Renewable Fuels Development Program Act for which
16there is no project labor agreement; (ii) all work performed
17pursuant to a public private agreement under the Public
18Private Agreements for the Illiana Expressway Act or the
19Public-Private Agreements for the South Suburban Airport Act;
20and (iii) all projects undertaken under a public-private
21agreement under the Public-Private Partnerships for
22Transportation Act. "Public works" also includes all projects
23at leased facility property used for airport purposes under
24Section 35 of the Local Government Facility Lease Act. "Public
25works" also includes the construction of a new wind power
26facility by a business designated as a High Impact Business



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1under Section 5.5(a)(3)(E) and the construction of a new
2utility-scale solar power facility by a business designated as
3a High Impact Business under Section 5.5(a)(3)(E-5) of the
4Illinois Enterprise Zone Act. "Public works" also includes
5electric vehicle charging station projects financed pursuant
6to the Electric Vehicle Act and renewable energy projects
7required to pay the prevailing wage pursuant to the Illinois
8Power Agency Act. "Public works" does not include work done
9directly by any public utility company, whether or not done
10under public supervision or direction, or paid for wholly or
11in part out of public funds. "Public works" also includes
12construction projects performed by a third party contracted by
13any public utility, as described in subsection (a) of Section
142.1, in public rights-of-way, as defined in Section 21-201 of
15the Public Utilities Act, whether or not done under public
16supervision or direction, or paid for wholly or in part out of
17public funds. "Public works" also includes construction
18projects that exceed 15 aggregate miles of new fiber optic
19cable, performed by a third party contracted by any public
20utility, as described in subsection (b) of Section 2.1, in
21public rights-of-way, as defined in Section 21-201 of the
22Public Utilities Act, whether or not done under public
23supervision or direction, or paid for wholly or in part out of
24public funds. "Public works" also includes any corrective
25action performed pursuant to Title XVI of the Environmental
26Protection Act for which payment from the Underground Storage



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1Tank Fund is requested. "Public works" does not include
2projects undertaken by the owner at an owner-occupied
3single-family residence or at an owner-occupied unit of a
4multi-family residence. "Public works" does not include work
5performed for soil and water conservation purposes on
6agricultural lands, whether or not done under public
7supervision or paid for wholly or in part out of public funds,
8done directly by an owner or person who has legal control of
9those lands.
10    "Construction" means all work on public works involving
11laborers, workers or mechanics. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14    "Aggregate" or "excavated materials" includes, rock,
15gravel, sand, pebbles, dirt, soil, clay, bitumen, cultured and
16polymer materials, cement, concrete, asphalt, slag, grindings,
17and any material used as a substitute for these materials.
18    "Independent truck owner-operator" means an individual,
19partnership, or principal stockholder of a corporation, that
20owns or holds a vehicle under lease and that contracts that
21vehicle and the owner's services to an entity that provides
22construction services to a public works project.
23    "Ready-mixed concrete" means concrete that is manufactured
24according to a set recipe.
25    "Stockpile" means aggregate or excavated materials that
26are placed in a location for temporary storage when all or



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1substantially all of the aggregate or excavated material is
2relocated by loading and hauling it to another location for
3final placement.
4    "Transportation of aggregate or excavated materials"
5includes any required hauling activities, empty or loaded, on
6the site of or to or from a public works project or a stockpile
7for a public works project regardless of whether the activity
8is performed by the prime contractor, subcontractor, trucking
9broker, trucking firm, independent truck owner-operator,
10supplier, or employee or agent of any of these entities, and
11regardless of which entity or person hires or contracts with
13    "Transportation of ready-mixed concrete" means receiving
14the concrete at the factory or batching plant, hauling and
15delivery to a public works project, and the return trip to the
16factory or batching plant, whether or not the factory or
17batching plant is mobile or in a fixed location, regardless of
18whether the activity is performed by the prime contractor,
19subcontractor, trucking broker, trucking firm, independent
20truck owner-operator, supplier, or employee or agent of any of
21these entities, and regardless of which entity or person hires
22or contracts with another.
23    "Locality" means the county where the physical work upon
24public works is performed, except (1) that if there is not
25available in the county a sufficient number of competent
26skilled laborers, workers and mechanics to construct the



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1public works efficiently and properly, "locality" includes any
2other county nearest the one in which the work or construction
3is to be performed and from which such persons may be obtained
4in sufficient numbers to perform the work and (2) that, with
5respect to contracts for highway work with the Department of
6Transportation of this State, "locality" may at the discretion
7of the Secretary of the Department of Transportation be
8construed to include two or more adjacent counties from which
9workers may be accessible for work on such construction.
10    "Public body" means the State or any officer, board or
11commission of the State or any political subdivision or
12department thereof, or any institution supported in whole or
13in part by public funds, and includes every county, city,
14town, village, township, school district, irrigation, utility,
15reclamation improvement or other district and every other
16political subdivision, district or municipality of the state
17whether such political subdivision, municipality or district
18operates under a special charter or not.
19    "Labor organization" means an organization that is the
20exclusive representative of an employer's employees recognized
21or certified pursuant to the National Labor Relations Act.
22    The terms "general prevailing rate of hourly wages",
23"general prevailing rate of wages" or "prevailing rate of
24wages" when used in this Act mean:
25        (1) the hourly cash wages plus annualized fringe
26    benefits for training and apprenticeship programs approved



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1    by the U.S. Department of Labor, Bureau of Apprenticeship
2    and Training, health and welfare, insurance, vacations and
3    pensions paid generally, in the locality in which the work
4    is being performed, to employees engaged in work of a
5    similar character on public works; and
6        (2) for those, such as an independent truck
7    owner-operator, who own and operate a truck and are
8    engaged in the transportation of ready-mixed concrete or
9    transportation of aggregate or excavated materials, the
10    general prevailing rate of wages shall, in addition,
11    include the equipment rate established by the Department
12    of Transportation associated with the nature of the
13    equipment operated and the rental rate paid for truck hire
14    by those who own or operate a truck, whichever is
15    applicable.
16(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
17102-673, eff. 11-30-21; revised 12-9-21.)
18    (820 ILCS 130/3)  (from Ch. 48, par. 39s-3)
19    Sec. 3. Not less than the general prevailing rate of
20hourly wages for work of a similar character on public works in
21the locality in which the work is performed, and not less than
22the general prevailing rate of hourly wages for legal holiday
23and overtime work, shall be paid to all laborers, workers and
24mechanics employed by or on behalf of any public body engaged
25in the construction or demolition of public works. This



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1includes any maintenance, repair, assembly, or disassembly
2work performed on equipment whether owned, leased, or rented.
3All Only such laborers, workers, and mechanics as are directly
4employed by contractors or subcontractors in actual
5construction work on the site of the building or construction
6job shall be deemed to be employed upon public works. All
7laborers, workers, and mechanics performing transportation of
8ready-mixed concrete and transportation of aggregate or
9excavated materials shall be deemed to be employed in actual
10construction work upon public works. Laborers, and laborers,
11workers, and mechanics otherwise engaged in the transportation
12of materials and equipment to or from the site, but not
13including the transportation by the sellers and suppliers or
14the manufacture or processing of materials or equipment, in
15the execution of any contract or contracts for public works
16with any public body shall not be deemed to be employed upon
17public works. The wage for a tradesman performing maintenance
18is equivalent to that of a tradesman engaged in construction
19or demolition.
20(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)