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.