104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1058 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/11 from Ch. 48, par. 39s-11 Amends the Prevailing Wage Act. Provides that all penalties imposed shall be remitted to the Department of Labor and shall be used for the administration and enforcement of the Act. LRB104 03158 SPS 13179 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1058 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/11 from Ch. 48, par. 39s-11 Amends the Prevailing Wage Act. Provides that all penalties imposed shall be remitted to the Department of Labor and shall be used for the administration and enforcement of the Act. LRB104 03158 SPS 13179 b LRB104 03158 SPS 13179 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1058 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/11 from Ch. 48, par. 39s-11
820 ILCS 130/11 from Ch. 48, par. 39s-11
Amends the Prevailing Wage Act. Provides that all penalties imposed shall be remitted to the Department of Labor and shall be used for the administration and enforcement of the Act.
LRB104 03158 SPS 13179 b LRB104 03158 SPS 13179 b
LRB104 03158 SPS 13179 b
A BILL FOR
HB1058LRB104 03158 SPS 13179 b HB1058 LRB104 03158 SPS 13179 b
HB1058 LRB104 03158 SPS 13179 b
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 Section 11 as follows:
6 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
7 Sec. 11. No public works project shall be instituted
8 unless the provisions of this Act have been complied with. The
9 provisions of this Act shall not be applicable to Federal
10 construction projects which require a prevailing wage
11 determination by the United States Secretary of Labor. The
12 Illinois Department of Labor represented by the Attorney
13 General is empowered to sue for injunctive relief against the
14 awarding of any contract or the continuation of work under any
15 contract for public works at a time when the prevailing wage
16 prerequisites have not been met. Any contract for public works
17 awarded at a time when the prevailing wage prerequisites had
18 not been met shall be void as against public policy and the
19 contractor is prohibited from recovering any damages for the
20 voiding of the contract or pursuant to the terms of the
21 contract. The contractor is limited to a claim for amounts
22 actually paid for labor and materials supplied to the public
23 body. Where objections to a determination of the prevailing
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1058 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/11 from Ch. 48, par. 39s-11
820 ILCS 130/11 from Ch. 48, par. 39s-11
Amends the Prevailing Wage Act. Provides that all penalties imposed shall be remitted to the Department of Labor and shall be used for the administration and enforcement of the Act.
LRB104 03158 SPS 13179 b LRB104 03158 SPS 13179 b
LRB104 03158 SPS 13179 b
A BILL FOR
820 ILCS 130/11 from Ch. 48, par. 39s-11
LRB104 03158 SPS 13179 b
HB1058 LRB104 03158 SPS 13179 b
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HB1058 - 2 - LRB104 03158 SPS 13179 b
1 rate of wages or a court action relative thereto is pending,
2 the public body shall not continue work on the project unless
3 sufficient funds are available to pay increased wages if such
4 are finally determined or unless the Department of Labor
5 certifies such determination of the prevailing rate of wages
6 as correct.
7 Any laborer, worker or mechanic employed by the contractor
8 or by any sub-contractor under him who is paid for his services
9 in a sum less than the prevailing rates for work done under
10 such contract, shall have a right of action for whatever
11 difference there may be between the amount so paid, and the
12 rates provided by the contract together with costs and such
13 reasonable attorney's fees as shall be allowed by the court.
14 Such contractor or subcontractor shall also be liable to the
15 Department of Labor for 20% of such underpayments and shall be
16 additionally liable to the laborer, worker or mechanic for
17 punitive damages in the amount of 2% of the amount of any such
18 penalty to the State for underpayments for each month
19 following the date of payment during which such underpayments
20 remain unpaid. Where a second or subsequent action to recover
21 underpayments is brought against a contractor or subcontractor
22 and the contractor or subcontractor is found liable for
23 underpayments to any laborer, worker, or mechanic, the
24 contractor or subcontractor shall also be liable to the
25 Department of Labor for 50% of the underpayments payable as a
26 result of the second or subsequent action, and shall be
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HB1058 - 3 - LRB104 03158 SPS 13179 b