SB2399ham003 94TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 5/2/2006

09400SB2399ham003 LRB094 16772 WGH 58684 a

AMENDMENT TO SENATE BILL 2399

AMENDMENT NO. ______. Amend Senate Bill 2399 by replacing everything after the enacting clause with the following:

"ARTICLE 1.

Section 1-1. Short title. This Article 1 may be cited as the Apprenticeship Program and Public Works Reporting Act, and references in this Article to "this Act" mean this Article.

Section 1-5. Definitions. As used in this Act:

"Apprenticeship program" means an apprenticeship program approved by the U.S. Department of Labor.

"Public works" has the meaning ascribed to that term in the Prevailing Wage Act.

Section 1-10. Apprenticeship program reports.

(a) For each apprenticeship program operating in this State, the entity operating the apprenticeship program must file annual reports with the Department of Commerce and Economic Opportunity covering each calendar year. Each report shall include:

(1) The number of persons applying to the program in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(2) The number of persons participating in the program in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(3) The number of persons completing the program in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(4) The number of persons of each gender applying to the program.

(5) The number of persons of each gender participating in the program.

(6) The number of persons of each gender completing the program.

(b) Nothing in this Section shall be construed to compel an individual to provide information regarding race, ethnicity, or gender or compel an entity operating the apprenticeship program to report regarding race, ethnicity, or gender if that information is not provided by the individual applying to or participating in an apprenticeship program.

(c) An entity that knowingly fails to file a report or knowingly files an inaccurate or incomplete report commits a business offense for which a fine of not more than $5,000 may be imposed. In addition, if 14 days have elapsed since a report filing deadline of the Department of Commerce and Economic Opportunity, each subsequent day during which an entity knowingly fails to file a report constitutes a separate violation.

(d) The Department of Commerce and Economic Opportunity shall adopt rules concerning the format and contents of reports and the time and procedure for filing reports under this Section.

Section 1-15. Public works contractor reports.

(a) Each contractor to whom a contract for a public works project for a State agency has been awarded and each subcontractor performing work on the project must file annual reports with the Department of Commerce and Economic Opportunity covering each calendar year during which work is performed under the contract. Each report shall include the following information for each job classification:

(1) The number of persons applying to perform work on the project in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(2) The number of persons performing work on the project in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(3) The number of persons of each gender applying to perform work on the project.

(4) The number of persons of each gender performing work on the project.

(b) Nothing in this Section shall be construed to compel an individual to provide information regarding race, ethnicity, or gender or compel a contractor or subcontractor to report regarding race, ethnicity, or gender if that information is not provided by an individual applying to perform work on a project or performing work on a project.

(c) A contractor or subcontractor that knowingly fails to file a report or knowingly files an inaccurate or incomplete report commits a business offense for which a fine of not more than $5,000 may be imposed. In addition, if 14 days have elapsed since a report filing deadline of the Department of Commerce and Economic Opportunity, each subsequent day during which a contractor or subcontractor knowingly fails to file a report constitutes a separate violation.

(d) The Department of Commerce and Economic Opportunity shall adopt rules concerning the format and contents of reports and the time and procedure for filing reports under this Section.

Section 1-20. Reports by the Department of Commerce and Economic Opportunity. The Department of Commerce and Economic Opportunity shall file a report each calendar quarter with the Governor and the General Assembly incorporating the information filed with the Department of Commerce and Economic Opportunity under Sections 1-10, 1-15, 1-25, and 1-30. The information in each report shall be further broken down by the 5 regions of the State, as those regions are defined by the Department of Commerce and Economic Opportunity. Each report shall also compare the reported racial, ethnic, and gender data for each region with the racial, ethnic, and gender characteristics of the general workforce for each region.

Section 1-25. Reports by the Department of Transportation. The Department of Transportation shall file a report each calendar quarter with the Department of Commerce and Economic Opportunity setting forth the following information for each contract entered into by the Department of Transportation for a public works project under which work was performed during the quarterly reporting period:

(1) The name of the project.

(2) For each trade or occupation, the number of persons performing work on the project during the quarterly reporting period in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(3) For each trade or occupation, the number of persons of each gender performing work on the project during the quarterly reporting period.

Section 1-30. Reports by the Capital Development Board. The Capital Development Board shall file a report each calendar quarter with the Department of Commerce and Economic Opportunity setting forth the following information for each contract entered into by the Capital Development Board for a public works project under which work was performed during the quarterly reporting period:

(1) The name of the project.

(2) For each trade or occupation, the number of persons performing work on the project during the quarterly reporting period in each of the following categories of race or ethnicity: white, black or African American, Hispanic or Latino ethnicity, Asian American, and Native American.

(3) For each trade or occupation, the number of persons of each gender performing work on the project during the quarterly reporting period.

Section 1-35. Rules. The Department of Commerce and Economic Opportunity, the Department of Transportation, and the Capital Development Board may adopt any rules necessary or appropriate to carry out their responsibilities under this Act.

ARTICLE 10.

Section 10-5. The Prevailing Wage Act is amended by changing Section 5 as follows:

(820 ILCS 130/5) (from Ch. 48, par. 39s-5)

Sec. 5. Certified payroll.

(a) While participating on public works, the contractor and each subcontractor shall:

(1) make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each pay period, the number of hours worked each day, and the starting and ending times of work each day; and

(2) submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records identified in paragraph (1) of this subsection (a), but may exclude the starting and ending times of work each day. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which avers that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by this Act; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. A general contractor is not prohibited from relying on the certification of a lower tier subcontractor, provided the general contractor does not knowingly rely upon a subcontractor's false certification. Any contractor or subcontractor subject to this Act who fails to submit a certified payroll or knowingly files a false certified payroll is in violation of this Act and guilty of a Class B misdemeanor. The public body in charge of the project shall keep the records submitted in accordance with this paragraph (2) of subsection (a) for a period of not less than 3 years. The records submitted in accordance with this paragraph (2) of subsection (a) shall be considered public records, except an employee's address, telephone number, and social security number, and made available in accordance with the Freedom of Information Act. The public body shall accept any reasonable submissions by the contractor that meet the requirements of this Section.

(b) Upon 7 2 business days' notice, the contractor and each subcontractor shall make available for inspection the records identified in paragraph (1) of subsection (a) of this Section to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents. Upon 7 2 business days' notice, the contractor and each subcontractor shall make such records available at all reasonable hours at a location within this State.

(Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)

ARTICLE 99.

Section 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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