Sen. Cristina Castro

Filed: 3/29/2022





10200HB4600sam001LRB102 23985 SPS 38246 a


2    AMENDMENT NO. ______. Amend House Bill 4600 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if House Bill 5412 of the 102nd
5General Assembly becomes law, then the Illinois Wage Payment
6and Collection Act is amended by changing Section 13.5 as
8    (820 ILCS 115/13.5)
9    Sec. 13.5. Primary contractor responsibility for wage
10claims in construction industry.
11    (a) For all contracts entered into on or after July 1,
122022, a primary contractor making or taking a contract in the
13State for the erection, construction, alteration, or repair of
14a building, structure, or other private work in the State
15where the aggregate costs of the project exceed $20,000 ,
16shall assume, and is liable for, any debt owed to a claimant



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1under this Section or to a third party on a wage claimant's
2behalf incurred pursuant to this Act by a subcontractor at any
3tier acting under, by, or for the primary contractor for the
4wage claimant's performance of labor included in the subject
5of the contract between the primary contractor and the owner.
6This Section does not apply to work performed by a contractor
7of the federal government, the State, a special district, a
8city, a county, or any political subdivision of the State.
9    (b) As used in this Section:
10    "Construction" means building, altering, repairing,
11improving, or demolishing any structure or building or making
12improvements of any kind to real property.
13    "Primary contractor" means a contractor that has a direct
14contractual relationship with a property owner. "Primary
15contractor" may have the same meaning as a "general
16contractor", "prime contractor", or "construction manager". A
17property owner who acts as a primary contractor related to the
18erection, construction, alteration, or repair of his or her
19primary residence shall be exempt from liability under this
21    "Private work" means any erection, construction,
22alteration, or repair of a building, structure, or other work.
23    "Subcontractor" means a contractor that has a contractual
24relationship with the primary contractor or with another
25subcontractor at any tier, who furnishes any goods or services
26in connection with the contract between the primary contractor



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1and the property owner, but does not include contractors who
2solely provide goods and transport of such goods related to
3the contract.
4    (c) The primary contractor's liability under this Section
5shall extend only to any unpaid wages or fringe or other
6benefit payments or contributions, including interest owed,
7penalties assessed by the Department, and reasonable
8attorney's fees, but shall not extend to liquidated damages.
9    (d) A primary contractor or any other person shall not
10evade or commit any act that negates the requirements of this
11Section. Except as otherwise provided in a contract between
12the primary contractor and the subcontractor, the
13subcontractor shall indemnify the primary contractor for any
14wages, fringe or other benefit payments or contributions,
15damages, interest, penalties, or attorney's fees owed as a
16result of the subcontractor's failure to pay wages or fringe
17or other benefit payments or contributions as provided in this
18Section, unless the subcontractor's failure to pay was due to
19the primary contractor's failure to pay moneys due to the
20subcontractor in accordance with the terms of their
21contractual relationship.
22    (e) Nothing in this Section shall supersede or modify the
23obligations and liability that any primary contractor,
24subcontractor, or property owner may bear as an employer under
25this Act or any other applicable law. The obligations and
26remedies provided in this Section shall be in addition to any



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1obligations and remedies otherwise provided by law. Nothing in
2this Section shall be construed to impose liability on a
3primary contractor for anything other than unpaid wages,
4fringe or other benefit payments or contributions, penalties
5assessed by the Department, interest owed, and reasonable
6attorney's fees.
7    (f) Claims brought pursuant to this Section shall be done
8so in accordance with Section 11 and 11.5 of this Act. Nothing
9in this Section shall be construed to provide a third party
10with the right to file a complaint with the Department
11alleging violation of this Section.
12    (g) The following shall be exempt from liability under
13this Section:
14        (1) primary contractors who are parties to a
15    collective bargaining agreement on the project where the
16    work is being performed; and
17        (2) primary contractors making or taking a contract in
18    the State for the alteration or repair of an existing
19    single-family dwelling or to a single residential unit in
20    an existing multi-unit structure. Primary contractors who
21    are parties to a collective bargaining agreement on the
22    project where the work is being performed shall be exempt
23    from this Section.
24    (h) Prior to the commencement of any civil action, a
25claimant or a representative of a claimant shall provide
26written notice to the employer and to the primary contractor



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1detailing the nature and basis for the claim. Failure of the
2employer or the primary contractor to resolve the claim within
310 days after receipt of this notice, or during any agreed upon
4period extending this deadline, may result in the filing of a
5civil action to enforce the provisions of this Act.
6(Source: 10200HB5412eng.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law or on the date House Bill 5412 of the 102nd
9General Assembly takes effect, whichever is later.".