Bill Amendment: IL HB5521 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PREVAILING WAGE-FED PROJECT

Status: 2025-01-07 - Session Sine Die [HB5521 Detail]

Download: Illinois-2023-HB5521-House_Amendment_001.html

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Rep. Jay Hoffman

Filed: 3/12/2024

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AMENDMENT TO HOUSE BILL 5521
AMENDMENT NO. ______. Amend House Bill 5521 by replacing
everything after the enacting clause with the following:
"Section 5. The Prevailing Wage Act is amended by changing
Section 11 as follows:
(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 that which require a prevailing wage
determination by the United States Secretary of Labor, except
that all laborers, workers, and mechanics on Federal
construction projects that require a prevailing wage
determination by the United States Secretary of Labor shall be
paid the higher of that prevailing wage or the prevailing rate
of wages established under Section 4. The Illinois Department

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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 are finally
determined or unless the Department of Labor certifies such
determination of the prevailing rate of wages as correct.
Any 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 prevailing 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

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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
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. The
action shall be brought within 5 years from the date of the
failure to pay the wages or compensation. 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

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