Bill Text: IL HB1041 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning State policy.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1041 Detail]

Download: Illinois-2011-HB1041-Amended.html

---

Rep. Daniel V. Beiser

Filed: 3/31/2011

09700HB1041ham001 LRB097 03861 AEK 53626 a
AMENDMENT TO HOUSE BILL 1041
AMENDMENT NO. ______. Amend House Bill 1041 by replacing
everything after the enacting clause with the following:
"Section 5. The Prevailing Wage Act is amended by changing
Sections 2 and 11 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part

09700HB1041ham001 - 2 - LRB097 03861 AEK 53626 a
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of
the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,
and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes (i)
all projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement and (ii) all work performed
pursuant to a public private agreement under the Public Private
Agreements for the Illiana Expressway Act. "Public works" also
includes all projects at leased facility property used for
airport purposes under Section 35 of the Local Government
Facility Lease Act. "Public works" also includes the

09700HB1041ham001 - 3 - LRB097 03861 AEK 53626 a
construction of a new wind power facility by a business
designated as a High Impact Business under Section 5.5(a)(3)(E)
of the Illinois Enterprise Zone Act. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.

09700HB1041ham001 - 4 - LRB097 03861 AEK 53626 a
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
"Entity" means any sole proprietor, partnership, firm,
corporation, limited liability company, association, or other
business enterprise; however, the term "entity" does not
include (i) the State of Illinois or its officers, agencies, or
political subdivisions or (ii) the federal government.
"Federal construction projects" means public works
contracted for directly by the federal government.
"Interested party" means a person or entity with an

09700HB1041ham001 - 5 - LRB097 03861 AEK 53626 a
interest in compliance with this Act.
(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
eff. 7-2-10.)
(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
Sec. 11. No public works project shall be instituted unless
the provisions of this Act have been complied with. The
provisions of this Act shall not be applicable to Federal
construction projects which require a prevailing wage
determination by the United States Secretary of Labor. The
Illinois Department of Labor represented by the Attorney
General is empowered to sue for injunctive relief against the
awarding of any contract or the continuation of work under any
contract for public works at a time when the prevailing wage
prerequisites have not been met. Any contract for public works
awarded at a time when the prevailing wage prerequisites had
not been met shall be void as against public policy and the
contractor is prohibited from recovering any damages for the
voiding of the contract or pursuant to the terms of the
contract. The contractor is limited to a claim for amounts
actually paid for labor and materials supplied to the public
body. Where objections to a determination of the prevailing
rate of wages or a court action relative thereto is pending,
the public body shall not continue work on the project unless
sufficient funds are available to pay increased wages if such

09700HB1041ham001 - 6 - LRB097 03861 AEK 53626 a
are finally determined or unless the Department of Labor
certifies such determination of the prevailing rate of wages as
correct.
Any interested party laborer, worker or mechanic employed
by the contractor or by any sub-contractor under him who is
paid for his services in a sum less than the stipulated rates
for work done under such contract, shall have a right of action
for whatever difference there may be between the amount so
paid, and the rates provided by the contract together with
costs and such reasonable attorney's fees as shall be allowed
by the court. Such contractor or subcontractor shall also be
liable to the Department of Labor for 20% of such underpayments
and shall be additionally liable to the laborer, worker or
mechanic for punitive damages in the amount of 2% of the amount
of any such penalty to the State for underpayments for each
month following the date of payment during which such
underpayments remain unpaid. Where a second or subsequent
action to recover underpayments is brought against a contractor
or subcontractor and the contractor or subcontractor is found
liable for underpayments to any laborer, worker, or mechanic,
the contractor or subcontractor shall also be liable to the
Department of Labor for 50% of the underpayments payable as a
result of the second or subsequent action, and shall be
additionally liable for 5% of the amount of any such penalty to
the State for underpayments for each month following the date
of payment during which the underpayments remain unpaid. The

09700HB1041ham001 - 7 - LRB097 03861 AEK 53626 a
Department shall also have a right of action on behalf of any
individual who has a right of action under this Section. An
action brought to recover same shall be deemed to be a suit for
wages, and any and all judgments entered therein shall have the
same force and effect as other judgments for wages. At the
request of any laborer, workman or mechanic employed by the
contractor or by any subcontractor under him who is paid less
than the prevailing wage rate required by this Act, the
Department of Labor may take an assignment of such wage claim
in trust for the assigning laborer, workman or mechanic and may
bring any legal action necessary to collect such claim, and the
contractor or subcontractor shall be required to pay the costs
incurred in collecting such claim.
(Source: P.A. 94-488, eff. 1-1-06.)".