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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 11 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 |
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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 all federal construction projects | ||||||
14 | administered or controlled by a public body if the prevailing | ||||||
15 | rate of wages is equal to or greater than the prevailing wage | ||||||
16 | determination by the United States Secretary of Labor for the | ||||||
17 | same locality for the same type of construction used to | ||||||
18 | classify the federal construction project. "Public works" also | ||||||
19 | includes (i) all projects financed in whole or in part with | ||||||
20 | funds from the Environmental Protection Agency under the | ||||||
21 | Illinois Renewable Fuels Development Program Act for which | ||||||
22 | there is no project labor agreement; (ii) all work performed | ||||||
23 | pursuant to a public private agreement under the Public | ||||||
24 | Private Agreements for the Illiana Expressway Act or the | ||||||
25 | Public-Private Agreements for the South Suburban Airport Act; | ||||||
26 | (iii) all projects undertaken under a public-private agreement |
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1 | under the Public-Private Partnerships for Transportation Act | ||||||
2 | or the Department of Natural Resources World Shooting and | ||||||
3 | Recreational Complex Act; and (iv) all transportation | ||||||
4 | facilities undertaken under a design-build contract or a | ||||||
5 | Construction Manager/General Contractor contract under the | ||||||
6 | Innovations for Transportation Infrastructure Act. "Public | ||||||
7 | works" also includes all projects at leased facility property | ||||||
8 | used for airport purposes under Section 35 of the Local | ||||||
9 | Government Facility Lease Act. "Public works" also includes | ||||||
10 | the construction of a new wind power facility by a business | ||||||
11 | designated as a High Impact Business under Section | ||||||
12 | 5.5(a)(3)(E) and the construction of a new utility-scale solar | ||||||
13 | power facility by a business designated as a High Impact | ||||||
14 | Business under Section 5.5(a)(3)(E-5) of the Illinois | ||||||
15 | Enterprise Zone Act. "Public works" also includes electric | ||||||
16 | vehicle charging station projects financed pursuant to the | ||||||
17 | Electric Vehicle Act and renewable energy projects required to | ||||||
18 | pay the prevailing wage pursuant to the Illinois Power Agency | ||||||
19 | Act. "Public works" also includes power washing projects by a | ||||||
20 | public body or paid for wholly or in part out of public funds | ||||||
21 | in which steam or pressurized water, with or without added | ||||||
22 | abrasives or chemicals, is used to remove paint or other | ||||||
23 | coatings, oils or grease, corrosion, or debris from a surface | ||||||
24 | or to prepare a surface for a coating. "Public works" does not | ||||||
25 | include work done directly by any public utility company, | ||||||
26 | whether or not done under public supervision or direction, or |
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1 | paid for wholly or in part out of public funds. "Public works" | ||||||
2 | also includes construction projects performed by a third party | ||||||
3 | contracted by any public utility, as described in subsection | ||||||
4 | (a) of Section 2.1, in public rights-of-way, as defined in | ||||||
5 | Section 21-201 of the Public Utilities Act, whether or not | ||||||
6 | done under public supervision or direction, or paid for wholly | ||||||
7 | or in part out of public funds. "Public works" also includes | ||||||
8 | construction projects that exceed 15 aggregate miles of new | ||||||
9 | fiber optic cable, performed by a third party contracted by | ||||||
10 | any public utility, as described in subsection (b) of Section | ||||||
11 | 2.1, in public rights-of-way, as defined in Section 21-201 of | ||||||
12 | the Public Utilities Act, whether or not done under public | ||||||
13 | supervision or direction, or paid for wholly or in part out of | ||||||
14 | public funds. "Public works" also includes any corrective | ||||||
15 | action performed pursuant to Title XVI of the Environmental | ||||||
16 | Protection Act for which payment from the Underground Storage | ||||||
17 | Tank Fund is requested. "Public works" also includes all | ||||||
18 | construction projects involving fixtures or permanent | ||||||
19 | attachments affixed to light poles that are owned by a public | ||||||
20 | body, including street light poles, traffic light poles, and | ||||||
21 | other lighting fixtures, whether or not done under public | ||||||
22 | supervision or direction, or paid for wholly or in part out of | ||||||
23 | public funds, unless the project is performed by employees | ||||||
24 | employed directly by the public body. "Public works" also | ||||||
25 | includes work performed subject to the Mechanical Insulation | ||||||
26 | Energy and Safety Assessment Act. "Public works" also includes |
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1 | the removal, hauling, and transportation of biosolids, lime | ||||||
2 | sludge, and lime residue from a water treatment plant or | ||||||
3 | facility and the disposal of biosolids, lime sludge, and lime | ||||||
4 | residue removed from a water treatment plant or facility at a | ||||||
5 | landfill. "Public works" does not include projects undertaken | ||||||
6 | by the owner at an owner-occupied single-family residence or | ||||||
7 | at an owner-occupied unit of a multi-family residence. "Public | ||||||
8 | works" does not include work performed for soil and water | ||||||
9 | conservation purposes on agricultural lands, whether or not | ||||||
10 | done under public supervision or paid for wholly or in part out | ||||||
11 | of public funds, done directly by an owner or person who has | ||||||
12 | legal control of those lands. | ||||||
13 | "Construction" means all work on public works involving | ||||||
14 | laborers, workers or mechanics. This includes any maintenance, | ||||||
15 | repair, assembly, or disassembly work performed on equipment | ||||||
16 | whether owned, leased, or rented. | ||||||
17 | "Locality" means the county where the physical work upon | ||||||
18 | public works is performed, except (1) that if there is not | ||||||
19 | available in the county a sufficient number of competent | ||||||
20 | skilled laborers, workers and mechanics to construct the | ||||||
21 | public works efficiently and properly, "locality" includes any | ||||||
22 | other county nearest the one in which the work or construction | ||||||
23 | is to be performed and from which such persons may be obtained | ||||||
24 | in sufficient numbers to perform the work and (2) that, with | ||||||
25 | respect to contracts for highway work with the Department of | ||||||
26 | Transportation of this State, "locality" may at the discretion |
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1 | of the Secretary of the Department of Transportation be | ||||||
2 | construed to include two or more adjacent counties from which | ||||||
3 | workers may be accessible for work on such construction. | ||||||
4 | "Public body" means the State or any officer, board or | ||||||
5 | commission of the State or any political subdivision or | ||||||
6 | department thereof, or any institution supported in whole or | ||||||
7 | in part by public funds, and includes every county, city, | ||||||
8 | town, village, township, school district, irrigation, utility, | ||||||
9 | reclamation improvement or other district and every other | ||||||
10 | political subdivision, district or municipality of the state | ||||||
11 | whether such political subdivision, municipality or district | ||||||
12 | operates under a special charter or not. | ||||||
13 | "Labor organization" means an organization that is the | ||||||
14 | exclusive representative of an employer's employees recognized | ||||||
15 | or certified pursuant to the National Labor Relations Act. | ||||||
16 | The terms "general prevailing rate of hourly wages", | ||||||
17 | "general prevailing rate of wages" or "prevailing rate of | ||||||
18 | wages" when used in this Act mean the hourly cash wages plus | ||||||
19 | annualized fringe benefits for training and apprenticeship | ||||||
20 | programs approved by the U.S. Department of Labor, Bureau of | ||||||
21 | Apprenticeship and Training, health and welfare, insurance, | ||||||
22 | vacations and pensions paid generally, in the locality in | ||||||
23 | which the work is being performed, to employees engaged in | ||||||
24 | work of a similar character on public works. | ||||||
25 | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||||||
26 | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. |
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1 | 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346, | ||||||
2 | eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23; | ||||||
3 | 103-605, eff. 7-1-24.) | ||||||
4 | (820 ILCS 130/11) (from Ch. 48, par. 39s-11) | ||||||
5 | Sec. 11. No public works project shall be instituted | ||||||
6 | unless the provisions of this Act have been complied with. The | ||||||
7 | provisions of this Act shall not be applicable to federal | ||||||
8 | Federal construction projects that which require a prevailing | ||||||
9 | wage determination by the United States Secretary of Labor , | ||||||
10 | except as described in Section 2 . The Illinois Department of | ||||||
11 | Labor represented by the Attorney General is empowered to sue | ||||||
12 | for injunctive relief against the awarding of any contract or | ||||||
13 | the continuation of work under any contract for public works | ||||||
14 | at a time when the prevailing wage prerequisites have not been | ||||||
15 | met. Any contract for public works awarded at a time when the | ||||||
16 | prevailing wage prerequisites had not been met shall be void | ||||||
17 | as against public policy and the contractor is prohibited from | ||||||
18 | recovering any damages for the voiding of the contract or | ||||||
19 | pursuant to the terms of the contract. The contractor is | ||||||
20 | limited to a claim for amounts actually paid for labor and | ||||||
21 | materials supplied to the public body. Where objections to a | ||||||
22 | determination of the prevailing rate of wages or a court | ||||||
23 | action relative thereto is pending, the public body shall not | ||||||
24 | continue work on the project unless sufficient funds are | ||||||
25 | available to pay increased wages if such are finally |
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1 | determined or unless the Department of Labor certifies such | ||||||
2 | determination of the prevailing rate of wages as correct. | ||||||
3 | Any laborer, worker or mechanic employed by the contractor | ||||||
4 | or by any sub-contractor under him who is paid for his services | ||||||
5 | in a sum less than the prevailing rates for work done under | ||||||
6 | such contract, shall have a right of action for whatever | ||||||
7 | difference there may be between the amount so paid, and the | ||||||
8 | rates provided by the contract together with costs and such | ||||||
9 | reasonable attorney's fees as shall be allowed by the court. | ||||||
10 | Such contractor or subcontractor shall also be liable to the | ||||||
11 | Department of Labor for 20% of such underpayments and shall be | ||||||
12 | additionally liable to the laborer, worker or mechanic for | ||||||
13 | punitive damages in the amount of 2% of the amount of any such | ||||||
14 | penalty to the State for underpayments for each month | ||||||
15 | following the date of payment during which such underpayments | ||||||
16 | remain unpaid. Where a second or subsequent action to recover | ||||||
17 | underpayments is brought against a contractor or subcontractor | ||||||
18 | and the contractor or subcontractor is found liable for | ||||||
19 | underpayments to any laborer, worker, or mechanic, the | ||||||
20 | contractor or subcontractor shall also be liable to the | ||||||
21 | Department of Labor for 50% of the underpayments payable as a | ||||||
22 | result of the second or subsequent action, and shall be | ||||||
23 | additionally liable for 5% of the amount of any such penalty to | ||||||
24 | the State for underpayments for each month following the date | ||||||
25 | of payment during which the underpayments remain unpaid. The | ||||||
26 | Department shall also have a right of action on behalf of any |
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1 | individual who has a right of action under this Section. An | ||||||
2 | action brought to recover same shall be deemed to be a suit for | ||||||
3 | wages, and any and all judgments entered therein shall have | ||||||
4 | the same force and effect as other judgments for wages. The | ||||||
5 | action shall be brought within 5 years from the date of the | ||||||
6 | failure to pay the wages or compensation. At the request of any | ||||||
7 | laborer, workman or mechanic employed by the contractor or by | ||||||
8 | any subcontractor under him who is paid less than the | ||||||
9 | prevailing wage rate required by this Act, the Department of | ||||||
10 | Labor may take an assignment of such wage claim in trust for | ||||||
11 | the assigning laborer, workman or mechanic and may bring any | ||||||
12 | legal action necessary to collect such claim, and the | ||||||
13 | contractor or subcontractor shall be required to pay the costs | ||||||
14 | incurred in collecting such claim. | ||||||
15 | (Source: P.A. 103-48, eff. 1-1-24 .) | ||||||
16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
17 | 2025. |