103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3400

 

Introduced 2/17/2023, by Rep. William "Will" Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 559/20-25
30 ILCS 559/20-30 new

    Amends the Illinois Works Jobs Program Act. Provides that the Illinois Works Review Panel's examination of workforce demographic data collected by the Illinois Department of Labor must include demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not the apprentice is a graduate of the Illinois Works Preapprenticeship Program. Provides that individual members of the workforce shall be given a unique identifier so that progress and retention can be tracked without sharing personally identifiable information. Creates the Access and Opportunity Committee to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. Includes provisions regarding Committee membership, powers and duties, and meetings.


LRB103 30655 DTM 57113 b

 

 

A BILL FOR

 

HB3400LRB103 30655 DTM 57113 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Works Jobs Program Act is amended
5by changing Section 20-25 and by adding Section 20-30 as
6follows:
 
7    (30 ILCS 559/20-25)
8    Sec. 20-25. The Illinois Works Review Panel.
9    (a) The Illinois Works Review Panel is created and shall
10be comprised of 25 members, each serving 3-year terms. The
11Speaker of the House of Representatives and the President of
12the Senate shall each appoint 5 members within 30 days after
13the effective date of this amendatory Act of the 101st General
14Assembly. The Minority Leader of the House of Representatives
15and the Minority Leader of the Senate shall each appoint 5
16members within 30 days after the effective date of this
17amendatory Act of the 101st General Assembly. The Director of
18Commerce and Economic Opportunity, or his or her designee,
19shall serve as a member. The Governor shall appoint the
20following individuals to serve as members within 30 days after
21the effective date of this amendatory Act of the 101st General
22Assembly: a representative from a contractor organization; a
23representative from a labor organization; and 2 members of the

 

 

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1public with workforce development expertise, one of whom shall
2be a representative of a nonprofit organization that addresses
3workforce development.
4    (b) The members of the Illinois Works Review Panel shall
5make recommendations to the Department regarding
6identification and evaluation of community-based
7organizations.
8    (c) The Illinois Works Review Panel shall meet, at least
9quarterly, to review and evaluate (i) the Illinois Works
10Preapprenticeship Program and the Illinois Works
11Apprenticeship Initiative, (ii) ideas to diversify the trainee
12corps in the Illinois Works Preapprenticeship Program and the
13workforce in the construction industry in Illinois, (iii)
14ideas to increase diversity in active apprenticeship programs
15in Illinois, and (iv) workforce demographic data collected by
16the Illinois Department of Labor, including demographic
17information about the workforce on public work projects
18contracted by the State or an agency of the State by
19contractor, race, gender, trade, hours worked by payroll cycle
20and annually, whether apprentice or journeyworker, and, if an
21apprentice, which year of apprenticeship, and whether or not
22they are a graduate of the Illinois Works Preapprenticeship
23Program. Individual members of the workforce shall be given a
24unique identification so that progress and retention can be
25tracked without sharing personally identifiable information.
26The Illinois Works Review Panel shall hold its initial meeting

 

 

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1no later than 45 days after the effective date of this
2amendatory Act of the 101st General Assembly.
3    (d) All State contracts and grant agreements funding State
4contracts shall include a requirement that the contractor and
5subcontractor shall, upon reasonable notice, appear before and
6respond to requests for information from the Illinois Works
7Review Panel.
8    (e) By August 1, 2020, and every August 1 thereafter, the
9Illinois Works Review Panel shall report to the General
10Assembly on its evaluation of the Illinois Works
11Preapprenticeship Program and the Illinois Works
12Apprenticeship Initiative, including any recommended
13modifications.
14(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19;
15101-633, eff. 6-5-20.)
 
16    (30 ILCS 559/20-30 new)
17    Sec. 20-30. Access and Opportunity Committee.
18    (a) The Access and Opportunity Committee is created to
19monitor and report on the progress of ensuring that all
20Illinois residents have access to careers in the construction
21industry and building trades on current State capital
22projects, including those who have been historically
23underrepresented in those trades. It shall be administered by
24the Department and comprised of 17 members. The Director of
25Commerce and Economic Opportunity, Secretary of

 

 

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1Transportation, Director of the Environmental Protection
2Agency, the Secretary of Labor, and the Executive Director of
3the Capital Development Board, or their designees, shall serve
4as members. The Governor shall appoint the following
5individuals to serve as members within 30 days after the
6effective date of this amendatory Act of the 103rd General
7Assembly: 4 representatives from a contractor organization; 4
8representatives from a labor organization; and 4
9representatives of community based providers of the Illinois
10Works Preapprenticeship Program that serve underrepresented
11populations, including women and racial and ethnic minorities,
12for the purposes of increasing their presence in the
13construction workforce.
14    (b) The Access and Opportunity Committee shall have the
15powers and duty to:
16        (1) Review workforce data reports with demographic
17    information, including weekly certified payroll reports,
18    on current and recently completed public works projects
19    contracted by the State or an agency of the State. The
20    weekly certified payroll reports must be reviewed and
21    analyzed in a timely manner, but no more than 2 weeks after
22    the dates of employment. The review of workforce data must
23    include a review of the skill development and retention of
24    all apprentices and all underrepresented populations.
25        (2) Review documentation of affirmative action steps
26    taken under 41 CFR 60.4-3(a)(7) from contractors who have

 

 

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1    submitted bids on upcoming public works projects
2    contracted by the State or an agency of the State in
3    compliance with Section 30-22 of the Illinois Procurement
4    Code, as well as their previous performance hiring
5    underrepresented populations if available.
6        (3) Review any claims of good faith effort by
7    contractors and advise on corrective action plans as
8    needed.
9        (4) Advise on benchmarks to measure success on
10    outreach, access, and retention of diverse construction
11    workforce on public works projects contracted by the State
12    or an agency of the State.
13        (5) Advise on a formula for penalties that will
14    encourage compliance with Section 30-22 of the Illinois
15    Procurement Code by contractors.
16        (6) Issue a report to the Illinois Works Review Panel
17    at its quarterly meeting that includes an evaluation of
18    progress toward increasing racial, ethnic, and gender
19    equity on public works projects and offer recommendations
20    for the following quarter that would include
21    recommendations for contractor eligibility to participate
22    on public works projects contracted by the State or an
23    agency of the State and the effectiveness of current
24    strategies to diversify the workforce.
25    (c) The Access and Opportunity Committee shall meet
26monthly.