ILLINOIS WORKS-STATE PROJECTS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4939

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

30 ILCS 559/20-5
30 ILCS 559/20-10
30 ILCS 559/20-20
30 ILCS 559/20-25

Amends the Illinois Works Jobs Program Act. Provides that the
provisions of the Act apply to projects financed or funded, in whole or in
part, by a grant, loan, incentive, or tax subsidy, credit, or rebate
provided through a program established by State law and administered by a
State agency and that require the payment of prevailing wages to
employees. Makes changes to the Illinois Works Apprenticeship Initiative.
Provides that the Department of Labor may reduce or waive the
apprenticeship requirements under certain conditions. Makes conforming
changes. Effective immediately.
LRB104 19473 SPS 32921 b

A BILL FOR

HB4939
LRB104 19473 SPS 32921 b
1

AN ACT concerning finance.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Works Jobs Program Act is amended
5
by changing Sections 20-5, 20-10, 20-20, and 20-25 as follows:

6

(30 ILCS 559/20-5)
7

Sec. 20-5.
Findings.
It is in the public policy interest
8
of the State to ensure that all Illinois residents have access
9
to State capital projects and careers in the construction
10
industry and building trades, including those who have been
11
historically underrepresented in those trades.
It is also in
12
the public policy interest of the State to ensure that
13
projects funded by the State can provide training and job
14
opportunities as a means to increase skills and develop the
15
workforce in the construction industry.
To ensure that those
16
interests are met, the General Assembly hereby creates the
17
Illinois Works Preapprenticeship Program and the Illinois
18
Works Apprenticeship Initiative.
19
(Source: P.A. 101-31, eff. 6-28-19.)

20

(30 ILCS 559/20-10)
21

Sec. 20-10.
Definitions.
22

"Apprentice" means a participant in an apprenticeship

HB4939
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1
program approved by and registered with the United States
2
Department of Labor's Bureau of Apprenticeship and Training.
3

"Apprenticeship program" means an apprenticeship and
4
training program approved by and registered with the United
5
States Department of Labor's Bureau of Apprenticeship and
6
Training.
7

"Bid credit" means a virtual dollar for a
recipient,

8
contractor
,
or subcontractor to use toward future bids on
9
contracts with the State for public works
or State-assisted

10
projects.
11

"Community-based organization" means a nonprofit
12
organization, including an accredited public college or
13
university, selected by the Department to participate in the
14
Illinois Works Preapprenticeship Program. To qualify as a
15
"community-based organization", the organization must
16
demonstrate the following:
17

(1) the ability to effectively serve diverse and
18

underrepresented populations, including by providing
19

employment services to such populations;
20

(2) knowledge of the construction and building trades;
21

(3) the ability to recruit, prescreen, and provide
22

preapprenticeship training to prepare workers for
23

employment in the construction and building trades; and
24

(4) a plan to provide the following:
25

(A) preparatory classes;
26

(B) workplace readiness skills, such as resume

HB4939
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LRB104 19473 SPS 32921 b
1

preparation and interviewing techniques;
2

(C) strategies for overcoming barriers to entry
3

and completion of an apprenticeship program; and
4

(D) any prerequisites for acceptance into an
5

apprenticeship program.
6

"Contractor" means a person, corporation, partnership,
7
limited liability company, or joint venture entering into a
8
contract to construct a public work
or State-assisted project
.
9

"Department" means the Department of Commerce and Economic
10
Opportunity.
11

"Labor hours" means the total hours for workers who are
12
receiving an hourly wage and who are directly employed for the
13
public works project
or who are employed on a State-assisted
14
project and are subject to prevailing wage requirements
.
15
"Labor hours" includes hours performed by workers employed by
16
the contractor and subcontractors on the public works project
17
and hours performed by workers employed by the recipient,
18
contractor, or subcontractors on a State-assisted project
.
19
"Labor hours" does not include hours worked by the
20
forepersons, superintendents, owners, and workers who are not
21
subject to prevailing wage requirements.
22

"Minorities" means minority persons as defined in the
23
Business Enterprise for Minorities, Women, and Persons with
24
Disabilities Act.
25

"Public works" means all projects, contracted or funded by
26
the State or any agency of the State, in whole or in part, from

HB4939
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LRB104 19473 SPS 32921 b
1
appropriated capital funds, that constitute public works under
2
the Prevailing Wage Act.
3

"Recipient" means a person or entity, other than a public
4
body, that has received a grant, loan, incentive, or tax
5
subsidy, credit, or rebate through a program established by
6
State law and administered by a State agency, that requires
7
the payment of prevailing wages to employees engaged in
8
construction activities associated with the program.
9

"State-assisted project" means a project financed or
10
funded, in whole or in part, by a grant, loan, incentive, or
11
tax subsidy, credit, or rebate provided through a program
12
established by State law and administered by a State agency
13
and that requires the payment of prevailing wages to employees
14
engaged in construction activities associated with the
15
program, or any successor program, including, but not limited
16
to, programs established under the Illinois Power Agency Act,
17
the Illinois Enterprise Zone Act, the Climate and Equitable
18
Jobs Act, the Energy Transition Act, and the Broadband
19
Expansion Act.
20

"Subcontractor" means a person, corporation, partnership,
21
limited liability company, or joint venture that has
22
contracted with the contractor to perform all or part of the
23
work to construct a public work
or State-assisted project
by a
24
contractor.
25

"Underrepresented populations" means populations
26
identified by the Department that historically have had

HB4939
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LRB104 19473 SPS 32921 b
1
barriers to entry or advancement in the workforce.
2
"Underrepresented populations" includes, but is not limited
3
to, minorities, women, and veterans.
4
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)

5

(30 ILCS 559/20-20)
6

Sec. 20-20.
Illinois Works Apprenticeship Initiative.
7

(a) The Illinois Works Apprenticeship Initiative is
8
established and shall be administered by the Department
and
9
the Department of Labor
.
10

(1) Subject to the exceptions set forth in subsection
11

(b) of this Section, apprentices shall be utilized on all
12

public works projects estimated to cost $500,000 or more
13

and on all State-assisted projects of any amount
in
14

accordance with this subsection (a).
15

(2) For public works projects estimated to cost
16

$500,000 or more
,

and for State-assisted projects of any
17

amount:
18

(A) Not less than 10% of the total labor hours in
19

each prevailing wage classification shall be worked by
20

apprentices, subject to the apprentice-to-journeyman
21

ratio of the applicable apprenticeship program. Total
22

labor hours shall be

the goal of the Illinois Works
23

Apprenticeship Initiative is that apprentices will
24

perform
either
10% of
the total labor hours actually
25

worked in each prevailing wage classification or
10%

HB4939
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LRB104 19473 SPS 32921 b
1

of
the estimated labor hours in each prevailing wage
2

classification, whichever is less.
The apprenticeship
3

requirement set forth in this subparagraph shall apply
4

to each recipient, contractor, and subcontractor
5

performing work on the project, with respect to the
6

labor hours performed by its employees in each
7

prevailing wage classification. For the purposes of
8

this subsection, a worker may be considered an
9

apprentice in only one trade for the duration of a
10

project and the labor hours of that worker as an
11

apprentice in another prevailing wage classification
12

shall not count as hours worked by an apprentice.

13

(B)

For contracts and grant agreements executed
14

after the effective date of this amendatory Act of the
15

103rd General Assembly and before January 1, 2024, of
16

this goal, at least 25% of the labor hours of each
17

prevailing wage classification performed by
18

apprentices shall be performed by graduates of the
19

Illinois Works Preapprenticeship Program, the Illinois
20

Climate Works Preapprenticeship Program, or the
21

Highway Construction Careers Training Program.
For
22

contracts and grant agreements executed on or after
23

June

January
1,
2026

2024
, of
the requirement set
24

forth in subparagraph (A), the goal of the Illinois
25

Works Apprenticeship Initiative is that

this goal,
at
26

least 50% of the labor hours of each prevailing wage

HB4939
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LRB104 19473 SPS 32921 b
1

classification performed by apprentices
of each
2

recipient, contractor, and subcontractor
shall be
3

performed by graduates of the Illinois Works
4

Preapprenticeship Program, the Illinois Climate Works
5

Preapprenticeship Program, or the Highway Construction
6

Careers Training Program.
7

(3) For public works projects estimated to cost
8

$500,000 or more and for State-assisted projects of any
9

amount, recipients, contractors, and subcontractors
10

subject to this Act shall:
11

(A) file a certified payroll with the Department
12

and the Department of Labor as required under the
13

Prevailing Wage Act;
14

(B) record the number of labor hours of journeymen
15

and apprentices that are used on the project,
16

including an estimate of the number of such labor
17

hours that are expected to be used on the project;
18

(C) record the registration, placement,
19

advancement, and graduation of any apprentice that
20

works on the project for a period of 5 years; and
21

(D) indicate in a certified payroll the
22

classification of any employee who is an apprentice.
23

The Department and the Department of Labor may require the
24
production of records consistent with the Prevailing Wage Act
25
relative to a matter under investigation. The Department and
26
Department of Labor shall make accessible to the public the

HB4939
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LRB104 19473 SPS 32921 b
1
following information from a certified payroll: (i) names;
2
(ii) classifications; (iii) skill level; (iv) gross wages paid
3
in the pay period; (v) number of hours worked each day; (vi)
4
starting and ending times of work each day; (vii) hourly wage
5
rates, hourly overtime rates; and (viii) hourly fringe benefit
6
rates of employees. The Department and Department of Labor
7
shall redact any social security numbers, addresses, and
8
telephone numbers from all records made accessible to the
9
public under this Section.
10

If there is a conflict between an apprentice requirement
11
or goal set forth in this Section and an apprenticeship
12
requirement or goal for a public works or State-assisted
13
project set forth in another law of this State, the more
14
stringent requirement shall apply.
15

(a-5) The Department of Labor may reduce or waive the
16
apprenticeship requirements set forth in subparagraph (A) of
17
paragraph (2) of subsection (a) upon a written request by a
18
recipient, contractor, or subcontractor to the Department of
19
Labor made no later than 45 days before the start of work on a
20
project covered by this Act. The Department of Labor may grant
21
a reduction or waiver only upon a determination that the
22
recipient, contractor, or subcontractor has demonstrated that
23
insufficient apprentices to meet requirements set forth in
24
subparagraph (A) of paragraph (2) of subsection (a) are
25
available. In order to make the demonstration, the recipient,
26
contractor, or subcontractor shall submit with its request to

HB4939
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LRB104 19473 SPS 32921 b
1
the Department of Labor documentation showing:

2

(1) the recipient, contractor, or subcontractor made a
3

written request, including the proposed dates of
4

employment, occupation of qualified apprentices needed,
5

location of work to be performed, the number of qualified
6

apprentices needed, the number of labor hours expected to
7

be performed by the qualified apprentices, and the name
8

and contact information of the recipient, contractor, or
9

subcontractor requesting employment of qualified
10

apprentices, to at least one apprenticeship program that
11

has a geographic area of operation that includes the
12

location of the work, that trains apprentices in the
13

occupations needed to perform the work, and that has a
14

usual and customary business practice of agreements with
15

employers, including through a sponsoring labor
16

organization, for the placement of apprentices in the
17

occupation for which they are training, consistent with
18

the standards and requirements set forth in 29 CFR 29 and
19

29 CFR 30 and any subsequent guidance issued by the United
20

States Department of Labor; and

21

(2) the written request was denied or the
22

apprenticeship program failed to respond within 7 business
23

days after the written request.
24

A waiver shall not be granted under this subsection
25
because the recipient, contractor, or subcontractor has not or
26
will not execute an agreement with a labor organization

HB4939
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LRB104 19473 SPS 32921 b
1
necessary for an apprenticeship program to place an
2
apprentice. The Department of Labor may, in its determination,
3
require a recipient, contractor, or subcontractor to make
4
written requests to more than one apprenticeship program if
5
the Department of Labor has information that other
6
apprenticeship programs within the applicable geographic area
7
are generally able to provide apprentices consistent with this
8
Section.
9

The Department of Labor shall maintain a list of
10
apprenticeship programs, accessible to the public, that have
11
indicated to the Department of Labor that they are generally
12
able to provide apprentices. Any apprenticeship program may
13
request to be added to this list, with information on the
14
classifications of employees it trains, its geographic area,
15
and a contact person, including address, telephone number, and
16
e-mail.

17

(b) Before or during the term of a contract subject to this
18
Section, the Department
of Labor
may reduce or waive the goals
19
set forth in paragraph (2) of subsection (a). Prior to the
20
Department
of Labor
granting a request for a reduction or
21
waiver, the Department
of Labor
shall determine, in its
22
discretion, whether to hold a public hearing on the request.
23
In determining whether to hold a public hearing, the
24
Department
of Labor
may consider factors, including the scale
25
of the project and whether the
recipient,
contractor
,
or
26
subcontractor seeking the reduction or waiver has previously

HB4939
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LRB104 19473 SPS 32921 b
1
requested reductions or waivers on other projects. The
2
Department
of Labor
may also consult with the Business
3
Enterprise Council under the Business Enterprise for
4
Minorities, Women, and Persons with Disabilities Act and the
5
Chief Procurement Officer
or person of similar responsibility

6
of the agency administering the public works
or State-assisted
7
project
contract. The Department
of Labor
may grant a
8
reduction or waiver
of the goals set forth in subparagraph (B)
9
of paragraph (2) of subsection (a)
upon a determination that:
10

(1) the
recipient,
contractor
,
or subcontractor has
11

demonstrated that insufficient apprentices are available
12

in accordance with paragraph (1) of subsection (b)
;
13

(2) the reasonable and necessary requirements of the
14

contract do not allow the goal to be met;
15

(3) there is a disproportionately high ratio of
16

material costs to labor hours that makes meeting the goal
17

infeasible;
18

(4) apprentice labor hour goals conflict with existing
19

requirements, including federal requirements, in
20

connection with the public work; or
21

(5) the
recipient,
contractor
,
or subcontractor has
22

demonstrated that insufficient graduates of the Illinois
23

Works Preapprenticeship Program are available to meet the
24

goals

requirements
of
subparagraph (B) of
paragraph (2) of
25

subsection (a).
26

A reduction or waiver of an apprenticeship goal does not

HB4939
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LRB104 19473 SPS 32921 b
1
act as a reduction or waiver of an apprenticeship requirement
2
set forth in subparagraph (A) of paragraph (2) of subsection
3
(a).
4

(c)
Recipients, contractors,

Contractors
and
5
subcontractors must submit a certification to the Department
6
and the agency that is administering the contract, or the
7
grant
, loan, incentive, or tax credit, rebate, or subsidy

8
agreement funding the contract, demonstrating that the
9
recipient,
contractor
,
or subcontractor has:
10

(1) met the apprentice labor hour
requirements and

11

goals set forth in paragraph (2) of subsection (a);
12

(2) received a reduction or waiver pursuant to
13

subsection (b); or
14

(3) not complied with the labor hour
requirements and

15

goals
set forth
in paragraph (2) of subsection (a) and did
16

not receive a reduction or waiver pursuant to subsection
17

(b).
18

It shall be deemed to be a material breach of the contract,
19
or the grant agreement funding the contract, and entitle the
20
State to declare a default, terminate the contract or grant
21
agreement funding it, and exercise those remedies provided for
22
in the contract, at law, or in equity if the
recipient,

23
contractor
,
or subcontractor fails to submit the certification
24
required in this subsection or submits false or misleading
25
information.
26

Intentional failure to comply with the Illinois Works

HB4939
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LRB104 19473 SPS 32921 b
1
Apprenticeship Initiative
, including, but not limited to, the
2
apprenticeship requirements and goals set forth in paragraph
3
(2) of subsection (a),
may result in the State agency that
4
contracted or funded the public works
or State-assisted

5
project: (i) terminating the contract or agreement involved,
6
(ii) prohibiting the party that contracted with the State from
7
participating in public contracts or agreements for a period
8
not to exceed
5

3
years, (iii) seeking a penalty of up to 25%
9
of the contract or agreement as a result of the violation, or
10
(iv) any combination of items (i) through (iii). State
11
agencies shall report to the Department all projects that did
12
not comply with the Illinois Works Apprenticeship Initiative
13
and any action taken against the noncompliant party and shall
14
provide an action plan to address the reported instance of
15
noncompliance with the Illinois Works Apprenticeship
16
Initiative.
17

(c-5) The Department of Labor may accept complaints and
18
investigate any claim of a violation of the apprenticeship
19
requirements and goals set forth in paragraph (2) of
20
subsection (a), consistent with the power and procedures set
21
forth in the Prevailing Wage Act. If the Department of Labor
22
determines that a violation has occurred, in addition to any
23
other action or remedies available under this Act, the
24
Prevailing Wage Act, and any other law, the Department of
25
Labor shall notify the Department and the Comptroller of the
26
violation and, until the matter is resolved to the

HB4939
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LRB104 19473 SPS 32921 b
1
satisfaction of the Department of Labor, the Comptroller shall
2
withhold any and all payments associated with the public works
3
or State-assisted project. Any withholding made in accordance
4
with this Section is not subject to any penalty for late
5
payment under the State Prompt Payment Act.
6

(d) No later than one year after the effective date of this
7
Act, and by April 1 of every calendar year thereafter, the
8
Department of Labor shall submit a report to the Illinois
9
Works Review Panel regarding the use of apprentices under the
10
Illinois Works Apprenticeship Initiative for public works
and
11
State-assisted
projects. To the extent it is available, the
12
report shall include the following information:
13

(1) the total number of labor hours on each project
14

and the percentage of labor hours actually worked by
15

apprentices on each public works
and State-assisted

16

project;
17

(2) the number of apprentices used in each public
18

works
and State-assisted
project, broken down by trade;
19

and
20

(3) the number and percentage of minorities, women,
21

and veterans utilized as apprentices on each public works
22

and State-assisted
project.
23

(e) The Department
and the Department of Labor
shall adopt
24
any rules deemed necessary to implement the Illinois Works
25
Apprenticeship Initiative. In order to provide for the
26
expeditious and timely implementation of this Act, the

HB4939
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LRB104 19473 SPS 32921 b
1
Department
and the Department of Labor
may adopt emergency
2
rules. The adoption of emergency rules authorized by this
3
subsection is deemed to be necessary for the public interest,
4
safety, and welfare.
5

(f) The Illinois Works Apprenticeship Initiative shall not
6
interfere with any contracts or grants in existence on the
7
effective date of this Act.
8

(g) Notwithstanding any provisions to the contrary in this
9
Act, any State agency that administers a construction program
10
for which federal law or regulations establish standards and
11
procedures for the utilization of apprentices may implement
12
the Illinois Works Apprenticeship Initiative using the federal
13
standards and procedures for the establishment of
requirements
14
and
goals and utilization procedures for the State-funded, as
15
well as the federally assisted, portions of the program. In
16
such cases, these
requirements and
goals shall not exceed
17
those established pursuant to the relevant federal statutes or
18
regulations.
19

(h) The Department shall maintain a list of graduates of
20
the Illinois Works Preapprenticeship Program for a period of
21
not less than one year after the participant graduates from
22
the Program. The list shall include the name, address, county
23
of residence, phone number, email address, and the
24
self-attested construction and building trade career path
25
preferences of each graduate. This list shall be made
26
available to any
recipient,
contractor
,
or subcontractor, as

HB4939
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LRB104 19473 SPS 32921 b
1
well as any apprenticeship program approved by and registered
2
with the United States Department of Labor's Bureau of
3
Apprenticeship and Training in alignment with the graduate's
4
self-attested construction and building trade career path
5
preferences.
6
(Source: P.A. 103-305, eff. 7-28-23.)

7

(30 ILCS 559/20-25)
8

Sec. 20-25.
The Illinois Works Review Panel.
9

(a) The Illinois Works Review Panel is created and shall
10
be comprised of 25 members, each serving 3-year terms. The
11
Speaker of the House of Representatives and the President of
12
the Senate shall each appoint 5 members within 30 days after
13
the effective date of this amendatory Act of the 101st General
14
Assembly. The Minority Leader of the House of Representatives
15
and the Minority Leader of the Senate shall each appoint 5
16
members within 30 days after the effective date of this
17
amendatory Act of the 101st General Assembly. The Director of
18
Commerce and Economic Opportunity, or his or her designee,
19
shall serve as a member. The Governor shall appoint the
20
following individuals to serve as members within 30 days after
21
the effective date of this amendatory Act of the 101st General
22
Assembly: a representative from a contractor organization; a
23
representative from a labor organization; and 2 members of the
24
public with workforce development expertise, one of whom shall
25
be a representative of a nonprofit organization that addresses

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LRB104 19473 SPS 32921 b
1
workforce development.
2

(b) The members of the Illinois Works Review Panel shall
3
make recommendations to the Department regarding
4
identification and evaluation of community-based
5
organizations.
6

(c) The Illinois Works Review Panel shall meet, at least
7
quarterly, to review and evaluate (i) the Illinois Works
8
Preapprenticeship Program and the Illinois Works
9
Apprenticeship Initiative, (ii) ideas to diversify the trainee
10
corps in the Illinois Works Preapprenticeship Program and the
11
workforce in the construction industry in Illinois, (iii)
12
ideas to increase diversity in active apprenticeship programs
13
in Illinois, and (iv) workforce demographic data collected by
14
the Illinois Department of Labor. The Illinois Works Review
15
Panel shall hold its initial meeting no later than 45 days
16
after the effective date of this amendatory Act of the 101st
17
General Assembly.
18

(d) All State contracts and grant agreements funding State
19
contracts shall include a requirement that the
recipient,

20
contractor
,
and subcontractor shall, upon reasonable notice,
21
appear before and respond to requests for information from the
22
Illinois Works Review Panel.
23

(e) By August 1, 2020, and every August 1 thereafter, the
24
Illinois Works Review Panel shall report to the General
25
Assembly on its evaluation of the Illinois Works
26
Preapprenticeship Program and the Illinois Works

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LRB104 19473 SPS 32921 b
1
Apprenticeship Initiative, including any recommended
2
modifications.
3
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19;
4
101-633, eff. 6-5-20.)

5

Section 97.
Severability.
The provisions of this Act are
6
severable under Section 1.31 of the Statute on Statutes.

7

Section 99.
Effective date.
This Act takes effect upon
8
becoming law.

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