Illinois General Assembly - Full Text of HB3293
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Full Text of HB3293  102nd General Assembly


Sen. Cristina Castro

Filed: 10/27/2021





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2    AMENDMENT NO. ______. Amend House Bill 3293 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Wage Payment and Collection Act
5is amended by adding Section 13.5 as follows:
6    (820 ILCS 115/13.5 new)
7    Sec. 13.5. Primary contractor responsibility for wage
8claims in construction industry.
9    (a) For all contracts entered into on or after July 1,
102022, a primary contractor making or taking a contract in the
11State for the erection, construction, alteration, or repair of
12a building, structure, or other private work in the State,
13shall assume, and is liable for, any debt owed to a wage
14claimant incurred pursuant to this Act by a subcontractor at
15any tier acting under, by, or for the primary contractor for
16the wage claimant's performance of labor included in the



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1subject of the contract between the primary contractor and the
2owner. This Section does not apply to work performed by a
3contractor of the State, a special district, a city, a county,
4or any political subdivision of the State.
5    (b) As used in this Section:
6    "Primary contractor" means a contractor that has a direct
7contractual relationship with a property owner. "Primary
8contractor" may have the same meaning as a "general
9contractor" or "prime contractor". However, a property owner
10who acts as a primary contractor related to the erection,
11construction, alteration, or repair of his or her primary
12residence where the aggregate costs of the project amounts to
13less than $100,000 shall be exempt from liability under this
15    "Private work" means any erection, construction,
16alteration, or repair of a building, structure, or other work
17that is funded or financed wholly without public funds.
18    "Subcontractor" means a contractor that has a contractual
19relationship with the primary contractor or with another
20subcontractor at any tier, who furnishes any goods or services
21in connection with the contract between the primary contractor
22and the property owner, but does not include contractors who
23solely provide goods and transport of such goods related to
24the contract.
25    (c) The primary contractor's liability under this Section
26shall extend only to any unpaid wages, including interest owed



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1and reasonable attorney's fees, but shall not extend to wage
2supplements, penalties, or liquidated damages.
3    (d) A primary contractor or any other person shall not
4evade or commit any act that negates the requirements of this
5Section. Except as otherwise provided in a contract between
6the primary contractor and the subcontractor, the
7subcontractor shall indemnify the primary contractor for any
8wages, damages, interest, penalties, or attorney's fees owed
9as a result of the subcontractor's failure to pay wages to the
10subcontractor's employees as provided in this Section, unless
11the subcontractor's failure to pay the wages was due to the
12primary contractor's failure to pay moneys due to the
13subcontractor in accordance with the terms of their
14contractual relationship.
15    (e) The obligations and remedies provided in this Section
16shall be in addition to any obligations and remedies otherwise
17provided by law, except that nothing in this Section shall be
18construed to impose liability on a primary contractor for
19anything other than unpaid wages, interest owed, and
20reasonable attorney's fees.
21    (f) Claims brought pursuant to this Section shall be done
22so in accordance with Section 11 of this Act.".