104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1189

 

Introduced 1/9/2025, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/2
820 ILCS 130/11  from Ch. 48, par. 39s-11

    Amends the Prevailing Wage Act. Provides that the definition of "public works" includes all federal construction projects administered or controlled by a public body if the prevailing rate of wages is equal to or greater than the prevailing wage determination by the United States Secretary of Labor for the same locality for the same type of construction used to classify the federal construction project. Makes a conforming change. Effective July 1, 2025.


LRB104 07452 SPS 17493 b

 

 

A BILL FOR

 

HB1189LRB104 07452 SPS 17493 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 11 as follows:
 
6    (820 ILCS 130/2)
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
14otherwise:
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 all federal construction projects
14administered or controlled by a public body if the prevailing
15rate of wages is equal to or greater than the prevailing wage
16determination by the United States Secretary of Labor for the
17same locality for the same type of construction used to
18classify the federal construction project. "Public works" also
19includes (i) all projects financed in whole or in part with
20funds from the Environmental Protection Agency under the
21Illinois Renewable Fuels Development Program Act for which
22there is no project labor agreement; (ii) all work performed
23pursuant to a public private agreement under the Public
24Private Agreements for the Illiana Expressway Act or the
25Public-Private Agreements for the South Suburban Airport Act;
26(iii) all projects undertaken under a public-private agreement

 

 

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1under the Public-Private Partnerships for Transportation Act
2or the Department of Natural Resources World Shooting and
3Recreational Complex Act; and (iv) all transportation
4facilities undertaken under a design-build contract or a
5Construction Manager/General Contractor contract under the
6Innovations for Transportation Infrastructure Act. "Public
7works" also includes all projects at leased facility property
8used for airport purposes under Section 35 of the Local
9Government Facility Lease Act. "Public works" also includes
10the construction of a new wind power facility by a business
11designated as a High Impact Business under Section
125.5(a)(3)(E) and the construction of a new utility-scale solar
13power facility by a business designated as a High Impact
14Business under Section 5.5(a)(3)(E-5) of the Illinois
15Enterprise Zone Act. "Public works" also includes electric
16vehicle charging station projects financed pursuant to the
17Electric Vehicle Act and renewable energy projects required to
18pay the prevailing wage pursuant to the Illinois Power Agency
19Act. "Public works" also includes power washing projects by a
20public body or paid for wholly or in part out of public funds
21in which steam or pressurized water, with or without added
22abrasives or chemicals, is used to remove paint or other
23coatings, oils or grease, corrosion, or debris from a surface
24or to prepare a surface for a coating. "Public works" does not
25include work done directly by any public utility company,
26whether or not done under public supervision or direction, or

 

 

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1paid for wholly or in part out of public funds. "Public works"
2also includes construction projects performed by a third party
3contracted by any public utility, as described in subsection
4(a) of Section 2.1, in public rights-of-way, as defined in
5Section 21-201 of the Public Utilities Act, whether or not
6done under public supervision or direction, or paid for wholly
7or in part out of public funds. "Public works" also includes
8construction projects that exceed 15 aggregate miles of new
9fiber optic cable, performed by a third party contracted by
10any public utility, as described in subsection (b) of Section
112.1, in public rights-of-way, as defined in Section 21-201 of
12the Public Utilities Act, whether or not done under public
13supervision or direction, or paid for wholly or in part out of
14public funds. "Public works" also includes any corrective
15action performed pursuant to Title XVI of the Environmental
16Protection Act for which payment from the Underground Storage
17Tank Fund is requested. "Public works" also includes all
18construction projects involving fixtures or permanent
19attachments affixed to light poles that are owned by a public
20body, including street light poles, traffic light poles, and
21other lighting fixtures, whether or not done under public
22supervision or direction, or paid for wholly or in part out of
23public funds, unless the project is performed by employees
24employed directly by the public body. "Public works" also
25includes work performed subject to the Mechanical Insulation
26Energy and Safety Assessment Act. "Public works" also includes

 

 

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1the removal, hauling, and transportation of biosolids, lime
2sludge, and lime residue from a water treatment plant or
3facility and the disposal of biosolids, lime sludge, and lime
4residue removed from a water treatment plant or facility at a
5landfill. "Public works" does not include projects undertaken
6by the owner at an owner-occupied single-family residence or
7at an owner-occupied unit of a multi-family residence. "Public
8works" does not include work performed for soil and water
9conservation purposes on agricultural lands, whether or not
10done under public supervision or paid for wholly or in part out
11of public funds, done directly by an owner or person who has
12legal control of those lands.
13    "Construction" means all work on public works involving
14laborers, workers or mechanics. This includes any maintenance,
15repair, assembly, or disassembly work performed on equipment
16whether owned, leased, or rented.
17    "Locality" means the county where the physical work upon
18public works is performed, except (1) that if there is not
19available in the county a sufficient number of competent
20skilled laborers, workers and mechanics to construct the
21public works efficiently and properly, "locality" includes any
22other county nearest the one in which the work or construction
23is to be performed and from which such persons may be obtained
24in sufficient numbers to perform the work and (2) that, with
25respect to contracts for highway work with the Department of
26Transportation of this State, "locality" may at the discretion

 

 

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1of the Secretary of the Department of Transportation be
2construed to include two or more adjacent counties from which
3workers may be accessible for work on such construction.
4    "Public body" means the State or any officer, board or
5commission of the State or any political subdivision or
6department thereof, or any institution supported in whole or
7in part by public funds, and includes every county, city,
8town, village, township, school district, irrigation, utility,
9reclamation improvement or other district and every other
10political subdivision, district or municipality of the state
11whether such political subdivision, municipality or district
12operates under a special charter or not.
13    "Labor organization" means an organization that is the
14exclusive representative of an employer's employees recognized
15or 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
18wages" when used in this Act mean the hourly cash wages plus
19annualized fringe benefits for training and apprenticeship
20programs approved by the U.S. Department of Labor, Bureau of
21Apprenticeship and Training, health and welfare, insurance,
22vacations and pensions paid generally, in the locality in
23which the work is being performed, to employees engaged in
24work of a similar character on public works.
25(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
26102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.

 

 

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16-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
2eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
3103-605, 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
6unless the provisions of this Act have been complied with. The
7provisions of this Act shall not be applicable to federal
8Federal construction projects that which require a prevailing
9wage determination by the United States Secretary of Labor,
10except as described in Section 2. The Illinois Department of
11Labor represented by the Attorney General is empowered to sue
12for injunctive relief against the awarding of any contract or
13the continuation of work under any contract for public works
14at a time when the prevailing wage prerequisites have not been
15met. Any contract for public works awarded at a time when the
16prevailing wage prerequisites had not been met shall be void
17as against public policy and the contractor is prohibited from
18recovering any damages for the voiding of the contract or
19pursuant to the terms of the contract. The contractor is
20limited to a claim for amounts actually paid for labor and
21materials supplied to the public body. Where objections to a
22determination of the prevailing rate of wages or a court
23action relative thereto is pending, the public body shall not
24continue work on the project unless sufficient funds are
25available to pay increased wages if such are finally

 

 

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1determined or unless the Department of Labor certifies such
2determination of the prevailing rate of wages as correct.
3    Any laborer, worker or mechanic employed by the contractor
4or by any sub-contractor under him who is paid for his services
5in a sum less than the prevailing rates for work done under
6such contract, shall have a right of action for whatever
7difference there may be between the amount so paid, and the
8rates provided by the contract together with costs and such
9reasonable attorney's fees as shall be allowed by the court.
10Such contractor or subcontractor shall also be liable to the
11Department of Labor for 20% of such underpayments and shall be
12additionally liable to the laborer, worker or mechanic for
13punitive damages in the amount of 2% of the amount of any such
14penalty to the State for underpayments for each month
15following the date of payment during which such underpayments
16remain unpaid. Where a second or subsequent action to recover
17underpayments is brought against a contractor or subcontractor
18and the contractor or subcontractor is found liable for
19underpayments to any laborer, worker, or mechanic, the
20contractor or subcontractor shall also be liable to the
21Department of Labor for 50% of the underpayments payable as a
22result of the second or subsequent action, and shall be
23additionally liable for 5% of the amount of any such penalty to
24the State for underpayments for each month following the date
25of payment during which the underpayments remain unpaid. The
26Department shall also have a right of action on behalf of any

 

 

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1individual who has a right of action under this Section. An
2action brought to recover same shall be deemed to be a suit for
3wages, and any and all judgments entered therein shall have
4the same force and effect as other judgments for wages. The
5action shall be brought within 5 years from the date of the
6failure to pay the wages or compensation. At the request of any
7laborer, workman or mechanic employed by the contractor or by
8any subcontractor under him who is paid less than the
9prevailing wage rate required by this Act, the Department of
10Labor may take an assignment of such wage claim in trust for
11the assigning laborer, workman or mechanic and may bring any
12legal action necessary to collect such claim, and the
13contractor or subcontractor shall be required to pay the costs
14incurred 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,
172025.