IL
Illinois House Bill HB1189

Illinois 2025-2026 Regular Session

Illinois House Bill HB1189 Compare Versions

OldNewDifferences
1-HB1189 EngrossedLRB104 07452 SPS 17493 b HB1189 Engrossed LRB104 07452 SPS 17493 b
2- HB1189 Engrossed LRB104 07452 SPS 17493 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1189 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 130/2820 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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1189 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 130/2820 ILCS 130/11 from Ch. 48, par. 39s-11 820 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 LRB104 07452 SPS 17493 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1189 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3+820 ILCS 130/2820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/2 820 ILCS 130/11 from Ch. 48, par. 39s-11
4+820 ILCS 130/2
5+820 ILCS 130/11 from Ch. 48, par. 39s-11
6+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.
7+LRB104 07452 SPS 17493 b LRB104 07452 SPS 17493 b
8+ LRB104 07452 SPS 17493 b
9+A BILL FOR
10+HB1189LRB104 07452 SPS 17493 b HB1189 LRB104 07452 SPS 17493 b
11+ HB1189 LRB104 07452 SPS 17493 b
312 1 AN ACT concerning employment.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Prevailing Wage Act is amended by changing
716 5 Sections 2 and 11 as follows:
817 6 (820 ILCS 130/2)
918 7 Sec. 2. This Act applies to the wages of laborers,
1019 8 mechanics and other workers employed in any public works, as
1120 9 hereinafter defined, by any public body and to anyone under
1221 10 contracts for public works. This includes any maintenance,
1322 11 repair, assembly, or disassembly work performed on equipment
1423 12 whether owned, leased, or rented.
1524 13 As used in this Act, unless the context indicates
1625 14 otherwise:
1726 15 "Public works" means all fixed works constructed or
1827 16 demolished by any public body, or paid for wholly or in part
1928 17 out of public funds. "Public works" as defined herein includes
2029 18 all projects financed in whole or in part with bonds, grants,
2130 19 loans, or other funds made available by or through the State or
2231 20 any of its political subdivisions, including but not limited
2332 21 to: bonds issued under the Industrial Project Revenue Bond Act
2433 22 (Article 11, Division 74 of the Illinois Municipal Code), the
2534 23 Industrial Building Revenue Bond Act, the Illinois Finance
2635
2736
2837
29- HB1189 Engrossed LRB104 07452 SPS 17493 b
38+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1189 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
39+820 ILCS 130/2820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/2 820 ILCS 130/11 from Ch. 48, par. 39s-11
40+820 ILCS 130/2
41+820 ILCS 130/11 from Ch. 48, par. 39s-11
42+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.
43+LRB104 07452 SPS 17493 b LRB104 07452 SPS 17493 b
44+ LRB104 07452 SPS 17493 b
45+A BILL FOR
3046
3147
32-HB1189 Engrossed- 2 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 2 - LRB104 07452 SPS 17493 b
33- HB1189 Engrossed - 2 - LRB104 07452 SPS 17493 b
48+
49+
50+
51+820 ILCS 130/2
52+820 ILCS 130/11 from Ch. 48, par. 39s-11
53+
54+
55+
56+ LRB104 07452 SPS 17493 b
57+
58+
59+
60+
61+
62+
63+
64+
65+
66+ HB1189 LRB104 07452 SPS 17493 b
67+
68+
69+HB1189- 2 -LRB104 07452 SPS 17493 b HB1189 - 2 - LRB104 07452 SPS 17493 b
70+ HB1189 - 2 - LRB104 07452 SPS 17493 b
3471 1 Authority Act, the Illinois Sports Facilities Authority Act,
3572 2 or the Build Illinois Bond Act; loans or other funds made
3673 3 available pursuant to the Build Illinois Act; loans or other
3774 4 funds made available pursuant to the Riverfront Development
3875 5 Fund under Section 10-15 of the River Edge Redevelopment Zone
3976 6 Act; or funds from the Fund for Illinois' Future under Section
4077 7 6z-47 of the State Finance Act, funds for school construction
4178 8 under Section 5 of the General Obligation Bond Act, funds
4279 9 authorized under Section 3 of the School Construction Bond
4380 10 Act, funds for school infrastructure under Section 6z-45 of
4481 11 the State Finance Act, and funds for transportation purposes
4582 12 under Section 4 of the General Obligation Bond Act. "Public
4683 13 works" also includes all federal construction projects
4784 14 administered or controlled by a public body if the prevailing
4885 15 rate of wages is equal to or greater than the prevailing wage
4986 16 determination by the United States Secretary of Labor for the
5087 17 same locality for the same type of construction used to
5188 18 classify the federal construction project. "Public works" also
5289 19 includes (i) all projects financed in whole or in part with
5390 20 funds from the Environmental Protection Agency under the
5491 21 Illinois Renewable Fuels Development Program Act for which
5592 22 there is no project labor agreement; (ii) all work performed
5693 23 pursuant to a public private agreement under the Public
5794 24 Private Agreements for the Illiana Expressway Act or the
5895 25 Public-Private Agreements for the South Suburban Airport Act;
5996 26 (iii) all projects undertaken under a public-private agreement
6097
6198
6299
63100
64101
65- HB1189 Engrossed - 2 - LRB104 07452 SPS 17493 b
102+ HB1189 - 2 - LRB104 07452 SPS 17493 b
66103
67104
68-HB1189 Engrossed- 3 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 3 - LRB104 07452 SPS 17493 b
69- HB1189 Engrossed - 3 - LRB104 07452 SPS 17493 b
105+HB1189- 3 -LRB104 07452 SPS 17493 b HB1189 - 3 - LRB104 07452 SPS 17493 b
106+ HB1189 - 3 - LRB104 07452 SPS 17493 b
70107 1 under the Public-Private Partnerships for Transportation Act
71108 2 or the Department of Natural Resources World Shooting and
72109 3 Recreational Complex Act; and (iv) all transportation
73110 4 facilities undertaken under a design-build contract or a
74111 5 Construction Manager/General Contractor contract under the
75112 6 Innovations for Transportation Infrastructure Act. "Public
76113 7 works" also includes all projects at leased facility property
77114 8 used for airport purposes under Section 35 of the Local
78115 9 Government Facility Lease Act. "Public works" also includes
79116 10 the construction of a new wind power facility by a business
80117 11 designated as a High Impact Business under Section
81118 12 5.5(a)(3)(E) and the construction of a new utility-scale solar
82119 13 power facility by a business designated as a High Impact
83120 14 Business under Section 5.5(a)(3)(E-5) of the Illinois
84121 15 Enterprise Zone Act. "Public works" also includes electric
85122 16 vehicle charging station projects financed pursuant to the
86123 17 Electric Vehicle Act and renewable energy projects required to
87124 18 pay the prevailing wage pursuant to the Illinois Power Agency
88125 19 Act. "Public works" also includes power washing projects by a
89126 20 public body or paid for wholly or in part out of public funds
90127 21 in which steam or pressurized water, with or without added
91128 22 abrasives or chemicals, is used to remove paint or other
92129 23 coatings, oils or grease, corrosion, or debris from a surface
93130 24 or to prepare a surface for a coating. "Public works" does not
94131 25 include work done directly by any public utility company,
95132 26 whether or not done under public supervision or direction, or
96133
97134
98135
99136
100137
101- HB1189 Engrossed - 3 - LRB104 07452 SPS 17493 b
138+ HB1189 - 3 - LRB104 07452 SPS 17493 b
102139
103140
104-HB1189 Engrossed- 4 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 4 - LRB104 07452 SPS 17493 b
105- HB1189 Engrossed - 4 - LRB104 07452 SPS 17493 b
141+HB1189- 4 -LRB104 07452 SPS 17493 b HB1189 - 4 - LRB104 07452 SPS 17493 b
142+ HB1189 - 4 - LRB104 07452 SPS 17493 b
106143 1 paid for wholly or in part out of public funds. "Public works"
107144 2 also includes construction projects performed by a third party
108145 3 contracted by any public utility, as described in subsection
109146 4 (a) of Section 2.1, in public rights-of-way, as defined in
110147 5 Section 21-201 of the Public Utilities Act, whether or not
111148 6 done under public supervision or direction, or paid for wholly
112149 7 or in part out of public funds. "Public works" also includes
113150 8 construction projects that exceed 15 aggregate miles of new
114151 9 fiber optic cable, performed by a third party contracted by
115152 10 any public utility, as described in subsection (b) of Section
116153 11 2.1, in public rights-of-way, as defined in Section 21-201 of
117154 12 the Public Utilities Act, whether or not done under public
118155 13 supervision or direction, or paid for wholly or in part out of
119156 14 public funds. "Public works" also includes any corrective
120157 15 action performed pursuant to Title XVI of the Environmental
121158 16 Protection Act for which payment from the Underground Storage
122159 17 Tank Fund is requested. "Public works" also includes all
123160 18 construction projects involving fixtures or permanent
124161 19 attachments affixed to light poles that are owned by a public
125162 20 body, including street light poles, traffic light poles, and
126163 21 other lighting fixtures, whether or not done under public
127164 22 supervision or direction, or paid for wholly or in part out of
128165 23 public funds, unless the project is performed by employees
129166 24 employed directly by the public body. "Public works" also
130167 25 includes work performed subject to the Mechanical Insulation
131168 26 Energy and Safety Assessment Act. "Public works" also includes
132169
133170
134171
135172
136173
137- HB1189 Engrossed - 4 - LRB104 07452 SPS 17493 b
174+ HB1189 - 4 - LRB104 07452 SPS 17493 b
138175
139176
140-HB1189 Engrossed- 5 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 5 - LRB104 07452 SPS 17493 b
141- HB1189 Engrossed - 5 - LRB104 07452 SPS 17493 b
177+HB1189- 5 -LRB104 07452 SPS 17493 b HB1189 - 5 - LRB104 07452 SPS 17493 b
178+ HB1189 - 5 - LRB104 07452 SPS 17493 b
142179 1 the removal, hauling, and transportation of biosolids, lime
143180 2 sludge, and lime residue from a water treatment plant or
144181 3 facility and the disposal of biosolids, lime sludge, and lime
145182 4 residue removed from a water treatment plant or facility at a
146183 5 landfill. "Public works" does not include projects undertaken
147184 6 by the owner at an owner-occupied single-family residence or
148185 7 at an owner-occupied unit of a multi-family residence. "Public
149186 8 works" does not include work performed for soil and water
150187 9 conservation purposes on agricultural lands, whether or not
151188 10 done under public supervision or paid for wholly or in part out
152189 11 of public funds, done directly by an owner or person who has
153190 12 legal control of those lands.
154191 13 "Construction" means all work on public works involving
155192 14 laborers, workers or mechanics. This includes any maintenance,
156193 15 repair, assembly, or disassembly work performed on equipment
157194 16 whether owned, leased, or rented.
158195 17 "Locality" means the county where the physical work upon
159196 18 public works is performed, except (1) that if there is not
160197 19 available in the county a sufficient number of competent
161198 20 skilled laborers, workers and mechanics to construct the
162199 21 public works efficiently and properly, "locality" includes any
163200 22 other county nearest the one in which the work or construction
164201 23 is to be performed and from which such persons may be obtained
165202 24 in sufficient numbers to perform the work and (2) that, with
166203 25 respect to contracts for highway work with the Department of
167204 26 Transportation of this State, "locality" may at the discretion
168205
169206
170207
171208
172209
173- HB1189 Engrossed - 5 - LRB104 07452 SPS 17493 b
210+ HB1189 - 5 - LRB104 07452 SPS 17493 b
174211
175212
176-HB1189 Engrossed- 6 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 6 - LRB104 07452 SPS 17493 b
177- HB1189 Engrossed - 6 - LRB104 07452 SPS 17493 b
213+HB1189- 6 -LRB104 07452 SPS 17493 b HB1189 - 6 - LRB104 07452 SPS 17493 b
214+ HB1189 - 6 - LRB104 07452 SPS 17493 b
178215 1 of the Secretary of the Department of Transportation be
179216 2 construed to include two or more adjacent counties from which
180217 3 workers may be accessible for work on such construction.
181218 4 "Public body" means the State or any officer, board or
182219 5 commission of the State or any political subdivision or
183220 6 department thereof, or any institution supported in whole or
184221 7 in part by public funds, and includes every county, city,
185222 8 town, village, township, school district, irrigation, utility,
186223 9 reclamation improvement or other district and every other
187224 10 political subdivision, district or municipality of the state
188225 11 whether such political subdivision, municipality or district
189226 12 operates under a special charter or not.
190227 13 "Labor organization" means an organization that is the
191228 14 exclusive representative of an employer's employees recognized
192229 15 or certified pursuant to the National Labor Relations Act.
193230 16 The terms "general prevailing rate of hourly wages",
194231 17 "general prevailing rate of wages" or "prevailing rate of
195232 18 wages" when used in this Act mean the hourly cash wages plus
196233 19 annualized fringe benefits for training and apprenticeship
197234 20 programs approved by the U.S. Department of Labor, Bureau of
198235 21 Apprenticeship and Training, health and welfare, insurance,
199236 22 vacations and pensions paid generally, in the locality in
200237 23 which the work is being performed, to employees engaged in
201238 24 work of a similar character on public works.
202239 25 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
203240 26 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
204241
205242
206243
207244
208245
209- HB1189 Engrossed - 6 - LRB104 07452 SPS 17493 b
246+ HB1189 - 6 - LRB104 07452 SPS 17493 b
210247
211248
212-HB1189 Engrossed- 7 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 7 - LRB104 07452 SPS 17493 b
213- HB1189 Engrossed - 7 - LRB104 07452 SPS 17493 b
249+HB1189- 7 -LRB104 07452 SPS 17493 b HB1189 - 7 - LRB104 07452 SPS 17493 b
250+ HB1189 - 7 - LRB104 07452 SPS 17493 b
214251 1 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
215252 2 eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
216253 3 103-605, eff. 7-1-24.)
217254 4 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
218255 5 Sec. 11. No public works project shall be instituted
219256 6 unless the provisions of this Act have been complied with. The
220257 7 provisions of this Act shall not be applicable to federal
221258 8 Federal construction projects that which require a prevailing
222259 9 wage determination by the United States Secretary of Labor,
223260 10 except as described in Section 2. The Illinois Department of
224261 11 Labor represented by the Attorney General is empowered to sue
225262 12 for injunctive relief against the awarding of any contract or
226263 13 the continuation of work under any contract for public works
227264 14 at a time when the prevailing wage prerequisites have not been
228265 15 met. Any contract for public works awarded at a time when the
229266 16 prevailing wage prerequisites had not been met shall be void
230267 17 as against public policy and the contractor is prohibited from
231268 18 recovering any damages for the voiding of the contract or
232269 19 pursuant to the terms of the contract. The contractor is
233270 20 limited to a claim for amounts actually paid for labor and
234271 21 materials supplied to the public body. Where objections to a
235272 22 determination of the prevailing rate of wages or a court
236273 23 action relative thereto is pending, the public body shall not
237274 24 continue work on the project unless sufficient funds are
238275 25 available to pay increased wages if such are finally
239276
240277
241278
242279
243280
244- HB1189 Engrossed - 7 - LRB104 07452 SPS 17493 b
281+ HB1189 - 7 - LRB104 07452 SPS 17493 b
245282
246283
247-HB1189 Engrossed- 8 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 8 - LRB104 07452 SPS 17493 b
248- HB1189 Engrossed - 8 - LRB104 07452 SPS 17493 b
284+HB1189- 8 -LRB104 07452 SPS 17493 b HB1189 - 8 - LRB104 07452 SPS 17493 b
285+ HB1189 - 8 - LRB104 07452 SPS 17493 b
249286 1 determined or unless the Department of Labor certifies such
250287 2 determination of the prevailing rate of wages as correct.
251288 3 Any laborer, worker or mechanic employed by the contractor
252289 4 or by any sub-contractor under him who is paid for his services
253290 5 in a sum less than the prevailing rates for work done under
254291 6 such contract, shall have a right of action for whatever
255292 7 difference there may be between the amount so paid, and the
256293 8 rates provided by the contract together with costs and such
257294 9 reasonable attorney's fees as shall be allowed by the court.
258295 10 Such contractor or subcontractor shall also be liable to the
259296 11 Department of Labor for 20% of such underpayments and shall be
260297 12 additionally liable to the laborer, worker or mechanic for
261298 13 punitive damages in the amount of 2% of the amount of any such
262299 14 penalty to the State for underpayments for each month
263300 15 following the date of payment during which such underpayments
264301 16 remain unpaid. Where a second or subsequent action to recover
265302 17 underpayments is brought against a contractor or subcontractor
266303 18 and the contractor or subcontractor is found liable for
267304 19 underpayments to any laborer, worker, or mechanic, the
268305 20 contractor or subcontractor shall also be liable to the
269306 21 Department of Labor for 50% of the underpayments payable as a
270307 22 result of the second or subsequent action, and shall be
271308 23 additionally liable for 5% of the amount of any such penalty to
272309 24 the State for underpayments for each month following the date
273310 25 of payment during which the underpayments remain unpaid. The
274311 26 Department shall also have a right of action on behalf of any
275312
276313
277314
278315
279316
280- HB1189 Engrossed - 8 - LRB104 07452 SPS 17493 b
317+ HB1189 - 8 - LRB104 07452 SPS 17493 b
281318
282319
283-HB1189 Engrossed- 9 -LRB104 07452 SPS 17493 b HB1189 Engrossed - 9 - LRB104 07452 SPS 17493 b
284- HB1189 Engrossed - 9 - LRB104 07452 SPS 17493 b
320+HB1189- 9 -LRB104 07452 SPS 17493 b HB1189 - 9 - LRB104 07452 SPS 17493 b
321+ HB1189 - 9 - LRB104 07452 SPS 17493 b
285322 1 individual who has a right of action under this Section. An
286323 2 action brought to recover same shall be deemed to be a suit for
287324 3 wages, and any and all judgments entered therein shall have
288325 4 the same force and effect as other judgments for wages. The
289326 5 action shall be brought within 5 years from the date of the
290327 6 failure to pay the wages or compensation. At the request of any
291328 7 laborer, workman or mechanic employed by the contractor or by
292329 8 any subcontractor under him who is paid less than the
293330 9 prevailing wage rate required by this Act, the Department of
294331 10 Labor may take an assignment of such wage claim in trust for
295332 11 the assigning laborer, workman or mechanic and may bring any
296333 12 legal action necessary to collect such claim, and the
297334 13 contractor or subcontractor shall be required to pay the costs
298335 14 incurred in collecting such claim.
299336 15 (Source: P.A. 103-48, eff. 1-1-24.)
300-16 Section 99. Effective date. This Act takes effect July 1,
301-17 2025.
302337
303338
304339
305340
306341
307- HB1189 Engrossed - 9 - LRB104 07452 SPS 17493 b
342+ HB1189 - 9 - LRB104 07452 SPS 17493 b