093_HB2459eng HB2459 Engrossed LRB093 07496 WGH 07668 b 1 AN ACT in relation to apprentice programs. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Apprentice/Training Equity Act. 6 Section 5. Statement of policy. It is the policy of the 7 State of Illinois to ensure full and equitable employment 8 opportunities for minorities and females in the building 9 trades on all construction contracts funded in whole with 10 State funds. Lack of employment opportunities for minorities 11 and females in the building trades impedes economic 12 development and contributes to the social ills of Illinois 13 residents. Federal and State regulations prohibit 14 discrimination because of race, color, religion, sex, or 15 national origin in employment and training programs. The 16 State is committed to ensuring that minorities and females 17 are provided apprenticeship/training and self-improvement 18 opportunities in the building trades on construction 19 contracts funded in whole with State funds to assist in their 20 increased employment in the building trades. 21 Section 10. Definitions. As used in this Act: 22 "Minority" has the definition contained in Section 10 of 23 the State Employment Records Act. 24 "Apprentice program" means an apprentice program in the 25 building trades that is authorized by the Bureau of 26 Apprenticeship Training of the U.S. Department of Labor. 27 "Apprentice" means a participant in an apprentice 28 program. 29 "Training program" means a training program in the 30 building trades that is approved by the Bureau of Small HB2459 Engrossed -2- LRB093 07496 WGH 07668 b 1 Business Enterprises of the Illinois Department of 2 Transportation. 3 "Trainee" means a participant in a training program. 4 "Apprentice plan" means a written description of the 5 manner in which each minority or female apprentice shall be 6 used on a project. 7 "Training plan" means a written description of the manner 8 in which each minority or female trainee shall be used on a 9 project. 10 Section 15. Plan. 11 (a) To facilitate the provision of 12 apprenticeship/training opportunities for minorities and 13 women in the building trades, the Director of the Capital 14 Development Board and the Secretary of Transportation shall 15 designate specific contracts let by the respective agencies 16 as subject to an apprentice/training plan promoting 17 employment opportunities for minorities and women. 18 (b) In selecting contracts for participation in the 19 apprentice/training plan approved under this Act and in 20 establishing the applicable goals for each selected contract, 21 the Secretary of Transportation shall consider the following 22 criteria: 23 (1) The nature of a project to ensure that it has 24 the potential for providing effective training 25 opportunities within the applicable apprentice/training 26 program. 27 (2) The duration of the contract, work schedules 28 for project completion, and labor intensiveness of work 29 areas. 30 (3) The magnitude or dollar amount of the contract. 31 (4) The scope of work to be performed. 32 (5) The total normal building trade work force that 33 the average low bidder could be expected to use. HB2459 Engrossed -3- LRB093 07496 WGH 07668 b 1 (6) The ratio of apprentices/trainees to journeymen 2 that it would be feasible for the average low bidder to 3 use as part of the contractor's work force during normal 4 operations, including the consideration of the relevant 5 provisions of any applicable collective bargaining 6 agreement or approved training program. 7 (c) For each designated contract subject to the 8 apprentice/training plan approved under this Act, the 9 Director of the Capital Development Board or the Secretary of 10 Transportation shall establish goals for the number of 11 minority and female apprentices/trainees in the building 12 trades to be assigned work on the contract, expressed in 13 terms of hours of assigned work. The bidder and the 14 appropriate labor organization shall commit to the employment 15 of minority and female apprentices/trainees on the contract 16 equal to or greater than each of the applicable goals. In 17 employing minority and female apprentices/trainees, the 18 successful bidder shall give preference to minority and 19 female apprentices/trainees who are already participants in 20 an apprentice/training program. The Director of the Capital 21 Development Board or the Secretary of Transportation, as 22 applicable, shall require the appropriate labor organizations 23 and joint apprenticeship training committees to submit to the 24 Director of the Capital Development Board or the Secretary of 25 Transportation lists of the individuals in applicable 26 apprentice/training programs. The lists shall show the name, 27 address, sex, and race of each individual. The Director of 28 the Capital Development Board or the Secretary of 29 Transportation shall use the lists in establishing goals 30 under this subsection (c). 31 (d) If the goals established by the Director of the 32 Capital Development Board or the Secretary of Transportation 33 for a designated contract under subsection (c) are not met 34 because of the composition of the individuals assigned by a HB2459 Engrossed -4- LRB093 07496 WGH 07668 b 1 labor organization for employment in apprentice/trainee 2 positions under that contract, the contractor may submit a 3 request to the Director of the Capital Development Board or 4 the Secretary of Transportation, as applicable, for a waiver 5 as to those goals. The contractor shall submit such 6 documentation as may be requested by the Director of the 7 Capital Development Board or the Secretary of Transportation, 8 as applicable, in connection with the request and the 9 reasonable good faith efforts of the contractor to hire 10 minorities and females for apprentice/trainee positions. If 11 the documentation supports the contractor's waiver request, 12 the Director of the Capital Development Board or the 13 Secretary of Transportation, as applicable, shall grant the 14 waiver. 15 (e) In the event that a contractor subcontracts a 16 portion of the contract work, he or she shall determine how 17 many, if any, of the trainees are to be trained by the 18 subcontractor, provided, however, that the contractor shall 19 retain the primary responsibility for meeting the training 20 requirements imposed by this special provision. 21 (f) Within 10 days following the approval of the 22 contractor's required bond, the contractor shall submit to 23 the Director of the Capital Development Board or the 24 Secretary of Transportation, as applicable, a copy of the 25 plan for using minority and female apprentices/trainees on 26 the project, including the number of apprentices/trainees to 27 be trained in each selected classification and the 28 corresponding apprentice/training programs to be used. If a 29 subcontract is let for a portion of the work, the contractor 30 may determine the extent to which apprentices/trainees are to 31 be trained by the subcontractor, but the contractor shall 32 retain responsibility for meeting the applicable goals or 33 shall submit with its bid a request for a partial or total 34 waiver of the established goals. HB2459 Engrossed -5- LRB093 07496 WGH 07668 b 1 (g) A contractor's plan for using minority and female 2 apprentices/trainees shall be approved only if it meets the 3 standards set forth with regard to: 4 (1) The primary objectives of training and 5 upgrading minority and female workers within applicable 6 apprentice/training programs. 7 (2) Whether the classifications proposed are 8 appropriate for the specific project. The character, 9 duration, and nature of the project operations shall 10 readily support the proposed apprentice/training plan. 11 (h) If the contractor's submission is not acceptable, or 12 if, in the opinion of the Director of the Capital Development 13 Board or the Secretary of Transportation, as applicable, the 14 character, duration, or nature of the project operations 15 cannot support the proposed apprentice/trainee 16 classification, the apprentice/training plan shall not be 17 approved. The contractor's submission shall be returned for 18 correction and resubmission. 19 (i) The contractor shall submit to the Director of the 20 Capital Development Board or the Secretary of Transportation, 21 as applicable, a monthly report, as specified by the Director 22 or the Secretary, detailing the use of apprentices/trainees 23 during the prior month. 24 (j) When the Director of the Capital Development Board 25 or the Secretary of Transportation, as applicable, has 26 determined that the contractor has failed to comply with any 27 of the apprentice/training plan requirements, the Director or 28 the Secretary may notify the contractor of any non-compliance 29 and withhold up to 5% of the current progress or final 30 payment due the contractor until it is determined that the 31 contractor is in compliance or that, despite the contractor's 32 making all reasonable good faith efforts, it is unable to 33 meet the established goals. 34 (k) In the case of a contract with the Illinois HB2459 Engrossed -6- LRB093 07496 WGH 07668 b 1 Department of Transportation, the contractor shall implement 2 specific recruitment actions to ensure equality of 3 opportunity for minorities and females in apprenticeship and 4 training programs. The recruitment shall comply with the 5 guidance specified under the Illinois Department of 6 Transportation specific equal employment opportunity 7 responsibilities of the Supplemental Specifications and 8 Recurring Special Provisions Rule. 9 If the contractor has not, in good faith, sought to train 10 minorities and females as stipulated under the Supplemental 11 Specifications and Recurring Special Provisions, the 12 contractor shall be subject to sanctions set forth in the 13 agreement. The sanctions may include lowered 14 prequalification, suspension or cancellation of the contract, 15 debarment from further contracts, and liquidated damages. 16 The contractor's compliance status shall be determined by 17 monitoring and review procedures that are administered by the 18 Illinois Department of Transportation Bureau of Small 19 Business Enterprises. 20 (l) The contractor shall include all costs of compliance 21 for the apprentice/training plan in its bid. The contractor 22 will be reimbursed 80 cents per hour of training given an 23 employee in accordance with an approved apprentice/training 24 program. The contractor shall not be entitled to any 25 additional compensation from the State for additional costs, 26 delays, or expenses of any kind arising out of or resulting 27 from the implementation of this plan in the contract. 28 (m) Nothing in this Act shall be construed or enforced 29 to permit discrimination against any individual on the basis 30 of race, color, sex, or national origin with respect to 31 employment or apprenticeship/training opportunities on 32 contracts funded in whole with State funds. 33 (n) The Director of the Capital Development Board and 34 the Secretary of Transportation shall submit, at least once HB2459 Engrossed -7- LRB093 07496 WGH 07668 b 1 each calendar quarter, a report to the Governor and General 2 Assembly detailing his or her implementation of the 3 apprentice/training plan established by this Act, and the 4 compliance of contractors with this Act. 5 Section 99. Effective date. This Act takes effect on 6 January 1, 2004.