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Illinois House Bill HB1090

Illinois 2025-2026 Regular Session

Illinois House Bill HB1090 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1090 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 Amends the Prevailing Wage Act. Makes formatting changes to the definition of "public works". LRB104 06090 SPS 16123 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1090 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 820 ILCS 130/2 Amends the Prevailing Wage Act. Makes formatting changes to the definition of "public works". LRB104 06090 SPS 16123 b LRB104 06090 SPS 16123 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1090 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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55 Amends the Prevailing Wage Act. Makes formatting changes to the definition of "public works".
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Prevailing Wage Act is amended by changing
1515 5 Section 2 as follows:
1616 6 (820 ILCS 130/2)
1717 7 Sec. 2. This Act applies to the wages of laborers,
1818 8 mechanics and other workers employed in any public works, as
1919 9 hereinafter defined, by any public body and to anyone under
2020 10 contracts for public works. This includes any maintenance,
2121 11 repair, assembly, or disassembly work performed on equipment
2222 12 whether owned, leased, or rented.
2323 13 As used in this Act, unless the context indicates
2424 14 otherwise:
2525 15 "Public works" means all fixed works constructed or
2626 16 demolished by any public body, or paid for wholly or in part
2727 17 out of public funds.
2828 18 "Public works" as defined herein includes:
2929 19 (1) all projects financed in whole or in part with
3030 20 bonds, grants, loans, or other funds made available by or
3131 21 through the State or any of its political subdivisions,
3232 22 including but not limited to: bonds issued under the
3333 23 Industrial Project Revenue Bond Act (Article 11, Division
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1090 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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4040 Amends the Prevailing Wage Act. Makes formatting changes to the definition of "public works".
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6868 1 74 of the Illinois Municipal Code), the Industrial
6969 2 Building Revenue Bond Act, the Illinois Finance Authority
7070 3 Act, the Illinois Sports Facilities Authority Act, or the
7171 4 Build Illinois Bond Act; loans or other funds made
7272 5 available pursuant to the Build Illinois Act; loans or
7373 6 other funds made available pursuant to the Riverfront
7474 7 Development Fund under Section 10-15 of the River Edge
7575 8 Redevelopment Zone Act; or funds from the Fund for
7676 9 Illinois' Future under Section 6z-47 of the State Finance
7777 10 Act, funds for school construction under Section 5 of the
7878 11 General Obligation Bond Act, funds authorized under
7979 12 Section 3 of the School Construction Bond Act, funds for
8080 13 school infrastructure under Section 6z-45 of the State
8181 14 Finance Act, and funds for transportation purposes under
8282 15 Section 4 of the General Obligation Bond Act; . "Public
8383 16 works" also includes (i)
8484 17 (2) all projects financed in whole or in part with
8585 18 funds from the Environmental Protection Agency under the
8686 19 Illinois Renewable Fuels Development Program Act for which
8787 20 there is no project labor agreement;
8888 21 (3) (ii) all work performed pursuant to a public
8989 22 private agreement under the Public Private Agreements for
9090 23 the Illiana Expressway Act or the Public-Private
9191 24 Agreements for the South Suburban Airport Act;
9292 25 (4) (iii) all projects undertaken under a
9393 26 public-private agreement under the Public-Private
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104104 1 Partnerships for Transportation Act or the Department of
105105 2 Natural Resources World Shooting and Recreational Complex
106106 3 Act;
107107 4 (5) and (iv) all transportation facilities undertaken
108108 5 under a design-build contract or a Construction
109109 6 Manager/General Contractor contract under the Innovations
110110 7 for Transportation Infrastructure Act; . "Public works"
111111 8 also includes
112112 9 (6) all projects at leased facility property used for
113113 10 airport purposes under Section 35 of the Local Government
114114 11 Facility Lease Act; . "Public works" also includes
115115 12 (7) the construction of a new wind power facility by a
116116 13 business designated as a High Impact Business under
117117 14 Section 5.5(a)(3)(E) and the construction of a new
118118 15 utility-scale solar power facility by a business
119119 16 designated as a High Impact Business under Section
120120 17 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act; .
121121 18 "Public works" also includes
122122 19 (8) electric vehicle charging station projects
123123 20 financed pursuant to the Electric Vehicle Act and
124124 21 renewable energy projects required to pay the prevailing
125125 22 wage pursuant to the Illinois Power Agency Act; . "Public
126126 23 works" also includes
127127 24 (9) power washing projects by a public body or paid
128128 25 for wholly or in part out of public funds in which steam or
129129 26 pressurized water, with or without added abrasives or
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140140 1 chemicals, is used to remove paint or other coatings, oils
141141 2 or grease, corrosion, or debris from a surface or to
142142 3 prepare a surface for a coating; .
143143 4 (10) public utility construction projects, whether or
144144 5 not done under public supervision or direction, or paid
145145 6 for wholly or in part out of public funds, if the project
146146 7 is:
147147 8 (A) performed in a public-right-of-way as defined
148148 9 in Section 21-201 of the Public Utilities Act; and
149149 10 (B) performed by a third-party contracted by any
150150 11 public utility described in Section 2.1;
151151 12 "Public works" does not include work done directly by any
152152 13 public utility company, whether or not done under public
153153 14 supervision or direction, or paid for wholly or in part out of
154154 15 public funds. "Public works" also includes construction
155155 16 projects performed by a third party contracted by any public
156156 17 utility, as described in subsection (a) of Section 2.1, in
157157 18 public rights-of-way, as defined in Section 21-201 of the
158158 19 Public Utilities Act, whether or not done under public
159159 20 supervision or direction, or paid for wholly or in part out of
160160 21 public funds. "Public works" also includes construction
161161 22 projects that exceed 15 aggregate miles of new fiber optic
162162 23 cable, performed by a third party contracted by any public
163163 24 utility, as described in subsection (b) of Section 2.1, in
164164 25 public rights-of-way, as defined in Section 21-201 of the
165165 26 Public Utilities Act, whether or not done under public
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176176 1 supervision or direction, or paid for wholly or in part out of
177177 2 public funds. "Public works" also includes
178178 3 (11) any corrective action performed pursuant to Title
179179 4 XVI of the Environmental Protection Act for which payment
180180 5 from the Underground Storage Tank Fund is requested; .
181181 6 "Public works" also includes
182182 7 (12) all construction projects involving fixtures or
183183 8 permanent attachments affixed to light poles that are
184184 9 owned by a public body, including street light poles,
185185 10 traffic light poles, and other lighting fixtures, whether
186186 11 or not done under public supervision or direction, or paid
187187 12 for wholly or in part out of public funds, unless the
188188 13 project is performed by employees employed directly by the
189189 14 public body; . "Public works" also includes
190190 15 (13) work performed subject to the Mechanical
191191 16 Insulation Energy and Safety Assessment Act; and . "Public
192192 17 works" also includes
193193 18 (14) the removal, hauling, and transportation of
194194 19 biosolids, lime sludge, and lime residue from a water
195195 20 treatment plant or facility and the disposal of biosolids,
196196 21 lime sludge, and lime residue removed from a water
197197 22 treatment plant or facility at a landfill.
198198 23 "Public works" does not include:
199199 24 (A) projects undertaken by the owner at an
200200 25 owner-occupied single-family residence or at an
201201 26 owner-occupied unit of a multi-family residence an
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212212 1 owner-occupied unit of a multi-family residence; . "Public
213213 2 works" does not include
214214 3 (B) work performed for soil and water conservation
215215 4 purposes on agricultural lands, whether or not done under
216216 5 public supervision or paid for wholly or in part out of
217217 6 public funds, done directly by an owner or person who has
218218 7 legal control of those lands; and .
219219 8 (C) public utility work done directly by any public
220220 9 utility company, whether or not done under public
221221 10 supervision or direction, or paid for wholly or in part
222222 11 out of public funds.
223223 12 "Construction" means all work on public works involving
224224 13 laborers, workers or mechanics. This includes any maintenance,
225225 14 repair, assembly, or disassembly work performed on equipment
226226 15 whether owned, leased, or rented.
227227 16 "Locality" means the county where the physical work upon
228228 17 public works is performed, except (1) that if there is not
229229 18 available in the county a sufficient number of competent
230230 19 skilled laborers, workers and mechanics to construct the
231231 20 public works efficiently and properly, "locality" includes any
232232 21 other county nearest the one in which the work or construction
233233 22 is to be performed and from which such persons may be obtained
234234 23 in sufficient numbers to perform the work and (2) that, with
235235 24 respect to contracts for highway work with the Department of
236236 25 Transportation of this State, "locality" may at the discretion
237237 26 of the Secretary of the Department of Transportation be
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248248 1 construed to include two or more adjacent counties from which
249249 2 workers may be accessible for work on such construction.
250250 3 "Public body" means the State or any officer, board or
251251 4 commission of the State or any political subdivision or
252252 5 department thereof, or any institution supported in whole or
253253 6 in part by public funds, and includes every county, city,
254254 7 town, village, township, school district, irrigation, utility,
255255 8 reclamation improvement or other district and every other
256256 9 political subdivision, district or municipality of the state
257257 10 whether such political subdivision, municipality or district
258258 11 operates under a special charter or not.
259259 12 "Labor organization" means an organization that is the
260260 13 exclusive representative of an employer's employees recognized
261261 14 or certified pursuant to the National Labor Relations Act.
262262 15 The terms "general prevailing rate of hourly wages",
263263 16 "general prevailing rate of wages" or "prevailing rate of
264264 17 wages" when used in this Act mean the hourly cash wages plus
265265 18 annualized fringe benefits for training and apprenticeship
266266 19 programs approved by the U.S. Department of Labor, Bureau of
267267 20 Apprenticeship and Training, health and welfare, insurance,
268268 21 vacations and pensions paid generally, in the locality in
269269 22 which the work is being performed, to employees engaged in
270270 23 work of a similar character on public works.
271271 24 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
272272 25 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
273273 26 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
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