Bill Text: IL SB1783 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2019-04-02 - Sponsor Removed Sen. Melinda Bush [SB1783 Detail]

Download: Illinois-2019-SB1783-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1783

Introduced 2/15/2019, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:
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 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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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1783LRB101 08925 JLS 54015 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 (Text of Section before amendment by P.A. 100-1177)
8 Sec. 2. This Act applies to the wages of laborers,
9mechanics and other workers employed in any public works, as
10hereinafter defined, by any public body and to anyone under
11contracts for public works. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14 As used in this Act, unless the context indicates
15otherwise:
16 "Public works" means all fixed works constructed or
17demolished by any public body, or paid for wholly or in part
18out of public funds. "Public works" as defined herein includes
19all projects financed in whole or in part with bonds, grants,
20loans, or other funds made available by or through the State or
21any of its political subdivisions, including but not limited
22to: bonds issued under the Industrial Project Revenue Bond Act
23(Article 11, Division 74 of the Illinois Municipal Code), the

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1Industrial Building Revenue Bond Act, the Illinois Finance
2Authority Act, the Illinois Sports Facilities Authority Act, or
3the Build Illinois Bond Act; loans or other funds made
4available pursuant to the Build Illinois Act; loans or other
5funds made available pursuant to the Riverfront Development
6Fund under Section 10-15 of the River Edge Redevelopment Zone
7Act; or funds from the Fund for Illinois' Future under Section
86z-47 of the State Finance Act, funds for school construction
9under Section 5 of the General Obligation Bond Act, funds
10authorized under Section 3 of the School Construction Bond Act,
11funds for school infrastructure under Section 6z-45 of the
12State Finance Act, and funds for transportation purposes under
13Section 4 of the General Obligation Bond Act. "Public works"
14also includes (i) all projects financed in whole or in part
15with funds from the Department of Commerce and Economic
16Opportunity under the Illinois Renewable Fuels Development
17Program Act for which there is no project labor agreement; (ii)
18all work performed pursuant to a public private agreement under
19the Public Private Agreements for the Illiana Expressway Act or
20the Public-Private Agreements for the South Suburban Airport
21Act; and (iii) all projects undertaken under a public-private
22agreement under the Public-Private Partnerships for
23Transportation Act. "Public works" also includes all projects
24at leased facility property used for airport purposes under
25Section 35 of the Local Government Facility Lease Act. "Public
26works" also includes the construction of a new wind power

SB1783- 3 -LRB101 08925 JLS 54015 b
1facility by a business designated as a High Impact Business
2under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
3"Public works" does not include work done directly by any
4public utility company, whether or not done under public
5supervision or direction, or paid for wholly or in part out of
6public funds. "Public works" also includes any corrective
7action performed pursuant to Title XVI of the Environmental
8Protection Act for which payment from the Underground Storage
9Tank Fund is requested. "Public works" does not include
10projects undertaken by the owner at an owner-occupied
11single-family residence or at an owner-occupied unit of a
12multi-family residence. "Public works" does not include work
13performed for soil and water conservation purposes on
14agricultural lands, whether or not done under public
15supervision or paid for wholly or in part out of public funds,
16done directly by an owner or person who has legal control of
17those lands.
18 "Construction" means all work on public works involving
19laborers, workers or mechanics. This includes any maintenance,
20repair, assembly, or disassembly work performed on equipment
21whether owned, leased, or rented.
22 "Trucking broker" means an individual or business entity,
23the activities of which include, but are not limited to:
24 (1) contracting to provide trucking services in the
25 construction industry to users of those services;
26 (2) contracting to obtain such service from providers

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1 of trucking services;
2 (3) dispatching the providers of the services to do
3 work as required by the users of such services;
4 (4) receiving payment from the users in consideration
5 of the trucking services provided; and
6 (5) making payment to the providers for the services.
7 "Trucking firm" means any legal business entity that owns
8one or more vehicles and hires the vehicles out for services to
9trucking brokers or contractors on public works projects.
10 "Independent truck owner-operator" means an individual,
11partnership, or principal stockholder of a corporation that
12owns or holds a vehicle under lease and that contracts that
13vehicle and the owner's services to an entity which provides
14construction services to a public works project.
15 "Ready-mixed concrete" means concrete that is manufactured
16according to a set recipe for incorporation into a public works
17project.
18 "Aggregate" or "excavated materials" includes, but is not
19limited to, rock, gravel, sand, pebbles, dirt, soil, clay,
20bitumen, cultured and polymer materials, cement, concrete,
21asphalt, slag, grindings, and recycled materials.
22 "Stockpile" means aggregate or excavated materials that
23are placed in a location for temporary storage when all or
24substantially all of the aggregate or excavated material is
25relocated by loading and hauling it to another location for
26final placement.

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1 "Transportation" means any required hauling activities on
2the site of, or to or from, a public works project or stockpile
3regardless of whether the activity is performed by the prime
4contractor, subcontractor, trucking broker, trucking firm,
5independent truck owner-operator, or employee or agent of any
6of the foregoing entities and regardless of which entity or
7person hires or contracts with another.
8 "Transportation of ready-mixed concrete" means receiving
9the concrete at the factory or batching plant, hauling and
10delivery to a public works project, and the return trip to the
11factory or batching plant, whether or not the factory or
12batching plant is mobile or in a fixed location.
13 "Transportation of aggregate or excavated materials"
14includes, but is not limited to, work, as required by the users
15of the services, for:
16 (1) the hauling of any or all stockpiled materials on
17 the project work site to other locations on the same
18 project even if the trucks leave the work site at some
19 point;
20 (2) the delivery of materials from any facility or any
21 stockpile to the project and the return haul to the
22 starting location either empty or loaded;
23 (3) the delivery of materials from another
24 construction project site to the public works project and
25 the return haul empty or loaded;
26 (4) the hauling required to remove any materials from

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1 the public works project to a location off the project site
2 and the return haul either empty or loaded; and
3 (5) the delivery of materials by an employee of a
4 seller or supplier and the return haul to the off-site
5 facility or any stockpile empty or loaded by an employee of
6 the seller or supplier.
7 The hauling of aggregate or excavated materials by
8employees of a contractor or subcontractor that operates an
9asphalt or concrete plant, that was moved into a gravel pit,
10borrow pit, or other location not on the project, primarily to
11serve public works projects is considered work under the
12contract.
13 "Locality" means the county where the physical work upon
14public works is performed, except (1) that if there is not
15available in the county a sufficient number of competent
16skilled laborers, workers and mechanics to construct the public
17works efficiently and properly, "locality" includes any other
18county nearest the one in which the work or construction is to
19be performed and from which such persons may be obtained in
20sufficient numbers to perform the work and (2) that, with
21respect to contracts for highway work with the Department of
22Transportation of this State, "locality" may at the discretion
23of the Secretary of the Department of Transportation be
24construed to include two or more adjacent counties from which
25workers may be accessible for work on such construction.
26 "Public body" means the State or any officer, board or

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1commission of the State or any political subdivision or
2department thereof, or any institution supported in whole or in
3part by public funds, and includes every county, city, town,
4village, township, school district, irrigation, utility,
5reclamation improvement or other district and every other
6political subdivision, district or municipality of the state
7whether such political subdivision, municipality or district
8operates under a special charter or not.
9 The terms "general prevailing rate of hourly wages",
10"general prevailing rate of wages" or "prevailing rate of
11wages" when used in this Act mean the hourly cash wages plus
12annualized fringe benefits for training and apprenticeship
13programs approved by the U.S. Department of Labor, Bureau of
14Apprenticeship and Training, health and welfare, insurance,
15vacations and pensions paid generally, in the locality in which
16the work is being performed, to employees engaged in work of a
17similar character on public works, and for those who own, such
18as an owner-operator, operate a truck, and are engaged in the
19transportation of ready mix-mixed concrete or transportation
20of aggregate or excavated materials the prevailing rate, shall
21include the equipment rate established by the Department of
22Labor associated with the nature of the equipment operated and
23the rental rate paid for truck hire to those who own or operate
24a truck.
25(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
2698-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.

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17-16-14.)
2 (Text of Section after amendment by P.A. 100-1177)
3 Sec. 2. This Act applies to the wages of laborers,
4mechanics and other workers employed in any public works, as
5hereinafter defined, by any public body and to anyone under
6contracts for public works. This includes any maintenance,
7repair, assembly, or disassembly work performed on equipment
8whether owned, leased, or rented.
9 As used in this Act, unless the context indicates
10otherwise:
11 "Public works" means all fixed works constructed or
12demolished by any public body, or paid for wholly or in part
13out of public funds. "Public works" as defined herein includes
14all projects financed in whole or in part with bonds, grants,
15loans, or other funds made available by or through the State or
16any of its political subdivisions, including but not limited
17to: bonds issued under the Industrial Project Revenue Bond Act
18(Article 11, Division 74 of the Illinois Municipal Code), the
19Industrial Building Revenue Bond Act, the Illinois Finance
20Authority Act, the Illinois Sports Facilities Authority Act, or
21the Build Illinois Bond Act; loans or other funds made
22available pursuant to the Build Illinois Act; loans or other
23funds made available pursuant to the Riverfront Development
24Fund under Section 10-15 of the River Edge Redevelopment Zone
25Act; or funds from the Fund for Illinois' Future under Section

SB1783- 9 -LRB101 08925 JLS 54015 b
16z-47 of the State Finance Act, funds for school construction
2under Section 5 of the General Obligation Bond Act, funds
3authorized under Section 3 of the School Construction Bond Act,
4funds for school infrastructure under Section 6z-45 of the
5State Finance Act, and funds for transportation purposes under
6Section 4 of the General Obligation Bond Act. "Public works"
7also includes (i) all projects financed in whole or in part
8with funds from the Department of Commerce and Economic
9Opportunity under the Illinois Renewable Fuels Development
10Program Act for which there is no project labor agreement; (ii)
11all work performed pursuant to a public private agreement under
12the Public Private Agreements for the Illiana Expressway Act or
13the Public-Private Agreements for the South Suburban Airport
14Act; and (iii) all projects undertaken under a public-private
15agreement under the Public-Private Partnerships for
16Transportation Act. "Public works" also includes all projects
17at leased facility property used for airport purposes under
18Section 35 of the Local Government Facility Lease Act. "Public
19works" also includes the construction of a new wind power
20facility by a business designated as a High Impact Business
21under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
22"Public works" does not include work done directly by any
23public utility company, whether or not done under public
24supervision or direction, or paid for wholly or in part out of
25public funds. "Public works" also includes any corrective
26action performed pursuant to Title XVI of the Environmental

SB1783- 10 -LRB101 08925 JLS 54015 b
1Protection Act for which payment from the Underground Storage
2Tank Fund is requested. "Public works" does not include
3projects undertaken by the owner at an owner-occupied
4single-family residence or at an owner-occupied unit of a
5multi-family residence. "Public works" does not include work
6performed for soil and water conservation purposes on
7agricultural lands, whether or not done under public
8supervision or paid for wholly or in part out of public funds,
9done directly by an owner or person who has legal control of
10those lands.
11 "Construction" means all work on public works involving
12laborers, workers or mechanics. This includes any maintenance,
13repair, assembly, or disassembly work performed on equipment
14whether owned, leased, or rented.
15 "Trucking broker" means an individual or business entity,
16the activities of which include, but are not limited to:
17 (1) contracting to provide trucking services in the
18 construction industry to users of those services;
19 (2) contracting to obtain such service from providers
20 of trucking services;
21 (3) dispatching the providers of the services to do
22 work as required by the users of such services;
23 (4) receiving payment from the users in consideration
24 of the trucking services provided; and
25 (5) making payment to the providers for the services.
26 "Trucking firm" means any legal business entity that owns

SB1783- 11 -LRB101 08925 JLS 54015 b
1one or more vehicles and hires the vehicles out for services to
2trucking brokers or contractors on public works projects.
3 "Independent truck owner-operator" means an individual,
4partnership, or principal stockholder of a corporation that
5owns or holds a vehicle under lease and that contracts that
6vehicle and the owner's services to an entity which provides
7construction services to a public works project.
8 "Ready-mixed concrete" means concrete that is manufactured
9according to a set recipe for incorporation into a public works
10project.
11 "Aggregate" or "excavated materials" includes, but is not
12limited to, rock, gravel, sand, pebbles, dirt, soil, clay,
13bitumen, cultured and polymer materials, cement, concrete,
14asphalt, slag, grindings, and recycled materials.
15 "Stockpile" means aggregate or excavated materials that
16are placed in a location for temporary storage when all or
17substantially all of the aggregate or excavated material is
18relocated by loading and hauling it to another location for
19final placement.
20 "Transportation" means any required hauling activities on
21the site of, or to or from, a public works project or stockpile
22regardless of whether the activity is performed by the prime
23contractor, subcontractor, trucking broker, trucking firm,
24independent truck owner-operator, or employee or agent of any
25of the foregoing entities and regardless of which entity or
26person hires or contracts with another.

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1 "Transportation of ready-mixed concrete" means receiving
2the concrete at the factory or batching plant, hauling and
3delivery to a public works project, and the return trip to the
4factory or batching plant, whether or not the factory or
5batching plant is mobile or in a fixed location.
6 "Transportation of aggregate or excavated materials"
7includes, but is not limited to, work, as required by the users
8of the services, for:
9 (1) the hauling of any or all stockpiled materials on
10 the project work site to other locations on the same
11 project even if the trucks leave the work site at some
12 point;
13 (2) the delivery of materials from any facility or any
14 stockpile to the project and the return haul to the
15 starting location either empty or loaded;
16 (3) the delivery of materials from another
17 construction project site to the public works project and
18 the return haul empty or loaded;
19 (4) the hauling required to remove any materials from
20 the public works project to a location off the project site
21 and the return haul either empty or loaded; and
22 (5) the delivery of materials by an employee of a
23 seller or supplier and the return haul to the off-site
24 facility or any stockpile empty or loaded by an employee of
25 the seller or supplier.
26 The hauling of aggregate or excavated materials by

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1employees of a contractor or subcontractor that operates an
2asphalt or concrete plant, that was moved into a gravel pit,
3borrow pit, or other location not on the project, primarily to
4serve public works projects is considered work under the
5contract.
6 "Locality" means the county where the physical work upon
7public works is performed, except (1) that if there is not
8available in the county a sufficient number of competent
9skilled laborers, workers and mechanics to construct the public
10works efficiently and properly, "locality" includes any other
11county nearest the one in which the work or construction is to
12be performed and from which such persons may be obtained in
13sufficient numbers to perform the work and (2) that, with
14respect to contracts for highway work with the Department of
15Transportation of this State, "locality" may at the discretion
16of the Secretary of the Department of Transportation be
17construed to include two or more adjacent counties from which
18workers may be accessible for work on such construction.
19 "Public body" means the State or any officer, board or
20commission of the State or any political subdivision or
21department thereof, or any institution supported in whole or in
22part by public funds, and includes every county, city, town,
23village, township, school district, irrigation, utility,
24reclamation improvement or other district and every other
25political subdivision, district or municipality of the state
26whether such political subdivision, municipality or district

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1operates under a special charter or not.
2 "Labor organization" means an organization that is the
3exclusive representative of an employer's employees recognized
4or certified pursuant to the National Labor Relations Act.
5 The terms "general prevailing rate of hourly wages",
6"general prevailing rate of wages" or "prevailing rate of
7wages" when used in this Act mean the hourly cash wages plus
8annualized fringe benefits for training and apprenticeship
9programs approved by the U.S. Department of Labor, Bureau of
10Apprenticeship and Training, health and welfare, insurance,
11vacations and pensions paid generally, in the locality in which
12the work is being performed, to employees engaged in work of a
13similar character on public works, and for those who own, such
14as an independent owner-operator, and operate a truck and are
15engaged in the transportation of ready mix-mixed concrete or
16transportation of aggregate or excavated materials, the
17prevailing rate, shall, in addition, include the equipment rate
18established by the Illinois Department of Transportation
19associated with the nature of the equipment operated and the
20rental rate paid for truck hire by those who own or operate a
21truck, whichever is applicable.
22(Source: P.A. 100-1177, eff. 6-1-19.)
23 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
24 Sec. 3. Not less than the general prevailing rate of hourly
25wages for work of a similar character on public works in the

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1locality in which the work is performed, and not less than the
2general prevailing rate of hourly wages for legal holiday and
3overtime work, shall be paid to all laborers, workers and
4mechanics employed by or on behalf of any public body engaged
5in the construction or demolition of public works. This
6includes any maintenance, repair, assembly, or disassembly
7work performed on equipment whether owned, leased, or rented.
8All Only such laborers, workers, and mechanics as are directly
9employed by contractors or subcontractors in actual
10construction work on the site of the building or construction
11job shall be deemed to be employed upon public works. The
12transportation of ready-mixed concrete and transportation of
13aggregate or excavated materials to the job site or stockpile
14shall be deemed to be employed in construction upon public
15works. Laborers , and laborers, workers, and mechanics
16otherwise engaged in the transportation of materials and
17equipment to or from the site, but not including the
18transportation by the sellers and suppliers or the manufacture
19or processing of materials or equipment, in the execution of
20any contract or contracts for public works with any public body
21shall not be deemed to be employed upon public works. The wage
22for a tradesman performing maintenance is equivalent to that of
23a tradesman engaged in construction or demolition.
24(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
25 Section 95. No acceleration or delay. Where this Act makes

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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