093_SJ0036 LRB093 12079 RCE 16856 r 1 SENATE JOINT RESOLUTION 2 WHEREAS, Minorities and women seeking apprenticeship and 3 trainee opportunities in the building trades allege the 4 existence of racial and gender discrimination in hiring on 5 public construction contracts; and 6 WHEREAS, Minority-owned and female-owned companies allege 7 that contractors on public construction projects engage in 8 racial and gender discrimination; and 9 WHEREAS, The State of Illinois spends billions of dollars 10 on public construction projects; 11 WHEREAS, The State of Illinois has a compelling State 12 interest to eliminate racial and gender discrimination in 13 State-funded public construction programs to effect an 14 efficient procurement process; and 15 WHEREAS, No State agency has undertaken a comprehensive 16 study to determine the existence and the extent of racial and 17 gender discrimination on public construction projects during 18 the last 5 years, therefore, be it 19 RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL 20 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF 21 REPRESENTATIVES CONCURRING HEREIN, that there is created the 22 Commission on Opportunity in State Public Construction, which 23 shall consist of 17 members as follows: (i) 7 members 24 appointed by the Governor, 2 of whom are representatives of a 25 labor organization engaged in the building trades, 2 of whom 26 are representatives of organizations that represent the 27 interests of construction companies, one of whom is a 28 representative of an organization that represents the 29 interests of minority-owned business enterprises, one of whom 30 is a representative of an organization that represents 31 female-owned business enterprises, one of whom is a -2- LRB093 12079 RCE 16856 r 1 representative of an organization that advocates for the 2 civil rights of women, one of whom is a representative of an 3 organization that advocates for the civil rights of African 4 Americans, one of whom is a representative of an organization 5 that advocates for the civil rights of Hispanic Americans, 6 and one of whom is a representative of an organization that 7 advocates for the civil rights of Asian Pacific and South 8 Asian Americans; (ii) one member appointed by the President 9 of the Senate; (iii) one member appointed by the Minority 10 Leader of the Senate; (iv) one member appointed by the 11 Speaker of the House of Representatives; (v) one member 12 appointed by the Minority Leader of the House of 13 Representatives; (vi) the Attorney General or his or her 14 designee; (vii) the Director of the Capital Development Board 15 or his or her designee; and (viii) the Secretary of 16 Transportation or his or her designee, all of whom shall 17 serve without compensation but shall be reimbursed for their 18 reasonable and necessary expenses from appropriations 19 available for that purpose; the appointments shall be made 20 before September 1, 2003; the members shall elect one member 21 to serve as chairperson of the Commission; and be it further 22 RESOLVED, That the Commission shall ascertain through 23 public hearings and social-scientific research: (i) whether 24 there is a pattern of racial and gender discrimination in 25 employment on State public construction projects; (ii) 26 whether there is a pattern of racial and gender 27 discrimination in contracting on State public construction 28 projects; (iii) the extent, if any, of racial and gender 29 discrimination in employment on State public construction 30 projects; and (iv) the nature, if any, of race and 31 gender-neutral barriers to entry to employment or contracting 32 for minorities and women on State public construction 33 projects; if the Commission determines that there is racial 34 and gender-based discrimination in State public construction -3- LRB093 12079 RCE 16856 r 1 projects, then the Commission shall develop policy 2 recommendations to remedy the racial and gender-based 3 discrimination; if the Commission determines that there are 4 race and gender-neutral barriers to minority and female 5 participation on State public construction projects, then the 6 Commission shall develop policy recommendations to reduce the 7 barriers to full participation; nothing in this resolution 8 precludes the Commission from recognizing the existence, if 9 any, of racial and gender-based discrimination or neutral 10 barriers, or both, to minority and female participation on 11 State public construction projects and developing policy 12 recommendations to address both issues; the Commission shall 13 have investigatory power pursuant to 25 ILCS 5/Act; the 14 Commission shall deliver a report of its findings, the 15 transcripts of its public hearings, and its social-scientific 16 research to the Governor and to the General Assembly by June 17 30, 2004; and be it further 18 RESOLVED, That the Capital Development Board and the 19 Department of Transportation shall provide staff assistance 20 as is reasonably required to permit the Commission to fulfill 21 its functions; the Illinois Department of Transportation is 22 authorized to receive appropriations from the General 23 Assembly to fund social-scientific research related to the 24 Commission's function; the Department of Transportation, on 25 behalf of the Commission, is authorized to contract with a 26 university, consulting firm, or other reputable research 27 organization to conduct a social-scientific study on race and 28 gender discrimination on State public construction projects; 29 and be it further 30 RESOLVED, That a suitable copy of this resolution be 31 delivered to the Governor, the Attorney General, the Director 32 of the Capital Development Board, and the Secretary of 33 Transportation.