SB3104sam001 99TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 4/7/2016

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AMENDMENT TO SENATE BILL 3104

AMENDMENT NO. ______. Amend Senate Bill 3104 by replacing everything after the enacting clause with the following:

"Section 5. The State Construction Minority and Female Building Trades Act is amended by changing Section 35-10 and by adding Section 35-11 as follows:

(30 ILCS 577/35-10)

Sec. 35-10. Apprenticeship reports. Each labor organization and other entity in Illinois with one or more apprenticeship programs for construction trades, whether or not recognized and certified by the United States Department of Labor, Bureau of Apprenticeship and Training, must report to the Illinois Department of Labor the information required to be reported to the Bureau of Apprenticeship and Training by labor organizations with recognized and certified apprenticeship programs that lists the race, gender, ethnicity, and national origin of apprentices in that labor organization or entity. The information must be submitted to the Illinois Department of Labor as provided by rules adopted by the Department. For labor organizations with recognized and certified apprentice programs, the reporting requirement of this Section may be met by providing the Illinois Department of Labor, on a schedule adopted by the Department by rule, copies of the reports submitted to the Bureau of Apprenticeship and Training. Failure to submit this report is a violation of this Act.

(Source: P.A. 96-37, eff. 7-13-09.)

(30 ILCS 577/35-11 new)

Sec. 35-11. Penalties. If the Department of Labor determines that an entity has violated Section 35-10 of this Act, it shall provide the entity reasonable notice of noncompliance for a first violation and inform the entity that it has 45 days to provide the information required under Section 35-10 of this Act without penalty. If the first violation is not remedied within 45 days' notice, the entity shall be subject to a civil penalty not to exceed $100 for each day after the 45th day following notice that the entity is in violation of this Act.

For a second violation the entity shall be subject to a civil penalty not to exceed $250 for each day that the entity is in violation of this Act.

For any violation by an entity after the second violation, the entity shall be subject to a civil penalty not to exceed $500 for each day that the entity is in violation of this Act.

In determining the amount of a penalty, the Director shall consider the appropriateness of the penalty to the entity.".