Full Text of HB0924 98th General Assembly
HB0924sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/21/2014
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| 1 | | AMENDMENT TO HOUSE BILL 924
| 2 | | AMENDMENT NO. ______. Amend House Bill 924 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 5. | 5 | | Section 5-1. Short title. This Act may be cited as the | 6 | | Illinois Responsible Bidder on Public Works Projects Act. Any | 7 | | references in this Article to "this Act" mean this Article. | 8 | | Section 5-5. Findings. The General Assembly finds that: | 9 | | (a) The State of Illinois and its political subdivisions | 10 | | have a responsibility to award contracts for public works to | 11 | | educated and trained responsive bidders, including responsible | 12 | | bidders owned by minorities, females, and persons with | 13 | | disabilities, to ensure the health and welfare of the citizens | 14 | | of Illinois. | 15 | | (b) A United States Department of Labor-approved |
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| 1 | | apprenticeship program creates objective and standardized | 2 | | requirements for training within the construction industry. | 3 | | (c) This Act is necessary for the promotion of a high | 4 | | worker safety standard in Illinois and is part of the State's | 5 | | comprehensive scheme of governmental intervention in the | 6 | | workplace to ensure that all of Illinois enjoys the benefits of | 7 | | a well-compensated and skilled labor force. | 8 | | Section 5-10. Definitions. In this Act, except to the | 9 | | extent that any of the following words or phrases is | 10 | | specifically qualified by its context: | 11 | | "Business owned by a person with a disability" has the | 12 | | meaning provided in paragraph (3) of subsection (A) of Section | 13 | | 2 of the Business Enterprise for Minorities, Females, and | 14 | | Persons with Disabilities Act. | 15 | | "Construction" means all work on public works involving
| 16 | | laborers, workers, or mechanics. This includes any | 17 | | maintenance,
repair, assembly, or disassembly work performed | 18 | | on equipment
whether owned, leased, or rented.
| 19 | | "Contractor" means any individual, sole proprietor, | 20 | | partnership, firm, corporation, limited liability company, | 21 | | association, or other legal entity permitted by law to do | 22 | | business within this State who engages in public works as | 23 | | defined in this Act. "Contractor" includes a general contractor | 24 | | and a subcontractor.
| 25 | | "Department" means the Illinois Department of Labor. |
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| 1 | | "Female" has the meaning provided in paragraph (2) of | 2 | | subsection (A) of Section 2 of the Business Enterprise for | 3 | | Minorities, Females, and Persons with Disabilities Act. | 4 | | "Female owned business" has the meaning provided in | 5 | | paragraph (4) of subsection (A) of Section 2 of the Business | 6 | | Enterprise for Minorities, Females, and Persons with | 7 | | Disabilities Act. | 8 | | "Minority" shall have the meaning provided in paragraph (1) | 9 | | of subsection (A) of Section 2 of the Business Enterprise for | 10 | | Minorities, Females, and Persons with Disabilities Act.
| 11 | | "Minority owned business enterprise" has the meaning | 12 | | provided in paragraph (3) of subsection (A) of Section 2 of the | 13 | | Business Enterprise for Minorities, Females, and Persons with | 14 | | Disabilities Act. | 15 | | "Person with a disability" has the meaning provided in | 16 | | paragraph (2.05) of subsection (A) of Section 2 of the Business | 17 | | Enterprise for Minorities, Females, and Persons with | 18 | | Disabilities Act. | 19 | | "Professional services" has the meaning provided in | 20 | | Section 30-15 of the Illinois Procurement Code, including | 21 | | services provided by land surveyors hired directly by a public | 22 | | body for design phase work. The term "professional services" | 23 | | does not include material testing and drilling performed by | 24 | | laborers, workers, or mechanics on public works projects, or | 25 | | services provided by land surveyors hired directly by a | 26 | | contractor for work on a public works project or land surveyors |
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| 1 | | hired directly by a public body for work performed after the | 2 | | execution of the construction contract. | 3 | | "Public body" means the State or any officer, board, or
| 4 | | commission of the State or any political subdivision or
| 5 | | department thereof, or any institution supported in whole or in
| 6 | | part by public funds, and includes every county, city, town,
| 7 | | village, township, school district, irrigation, utility,
| 8 | | reclamation improvement, or other district and every other
| 9 | | political subdivision, district, or municipality of the State
| 10 | | whether the political subdivision, municipality, or district
| 11 | | operates under a special charter or not.
| 12 | | "Public works" means all fixed works constructed or | 13 | | demolished by any public body, or paid for wholly or in part | 14 | | out of public funds. "Public works" includes: all projects | 15 | | financed in whole or in part with bonds, grants, loans, or | 16 | | other funds made available by or through the State or any of | 17 | | its political subdivisions, including but not limited to: bonds | 18 | | issued under the Industrial Project Revenue Bond Act, the | 19 | | Industrial Building Revenue Bond Act, the Illinois Finance | 20 | | Authority Act, the Illinois Sports Facilities Authority Act, or | 21 | | the Build Illinois Bond Act; loans or other funds made | 22 | | available pursuant to the Build Illinois Act; loans or other | 23 | | funds made available from the Riverfront Development Fund under | 24 | | Section 10-15 of the River Edge Redevelopment Zone Act; funds | 25 | | from the Fund for Illinois' Future under Section 6z-47 of the | 26 | | State Finance Act; funds for school construction under Section |
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| 1 | | 5 of the General Obligation Bond Act; funds authorized under | 2 | | Section 3 of the School Construction Bond Act; funds for school | 3 | | infrastructure under Section 6z-45 of the State Finance Act; | 4 | | and funds for transportation purposes under Section 4 of the | 5 | | General Obligation Bond Act. "Public works" also includes: (i) | 6 | | all projects financed in whole or in part with funds from the | 7 | | Department of Commerce and Economic Opportunity under the | 8 | | Illinois Renewable Fuels Development Program Act for which | 9 | | there is no project labor agreement; (ii) all work performed | 10 | | pursuant to a public private agreement under the Public Private | 11 | | Agreements for the Illiana Expressway Act or the Public-Private | 12 | | Agreements for the South Suburban Airport Act; and (iii) all | 13 | | projects undertaken under a public-private agreement under the | 14 | | Public-Private Partnerships for Transportation Act. "Public | 15 | | works" also includes all projects at leased facility property | 16 | | used for airport purposes under Section 35 of the Local | 17 | | Government Facility Lease Act. "Public works" also includes the | 18 | | construction of a new wind power facility by a business | 19 | | designated as a High Impact Business under subdivision | 20 | | (a)(3)(E) of Section 5.5 of the Illinois Enterprise Zone Act. | 21 | | "Public works" also includes any corrective action performed | 22 | | pursuant to Title XVI of the Environmental Protection Act for | 23 | | which payment from the Underground Storage Tank Fund is | 24 | | requested. "Public works" does not include work done directly | 25 | | by any public utility company, whether or not done under public | 26 | | supervision or direction, or paid for wholly or in part out of |
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| 1 | | public funds. "Public works" does not include projects | 2 | | undertaken by the owner at an owner-occupied single-family | 3 | | residence or at an owner-occupied unit of a multi-family | 4 | | residence.
| 5 | | "Responsive bidder" means a person who has submitted a bid | 6 | | or offer that conforms in all material respects to the | 7 | | invitation for bids or proposals.
| 8 | | Section 5-15. Responsible bidder requirement. | 9 | | (a) A public body awarding a contract for a public work or | 10 | | otherwise undertaking any public works shall require that each | 11 | | responsive bidder be a responsible bidder.
| 12 | | (b) To be considered a responsible bidder, a responsive | 13 | | bidder must present satisfactory evidence to the public body | 14 | | awarding the public work of all of the following:
| 15 | | (1) The responsive bidder complies with all applicable | 16 | | laws concerning the bidder's entitlement to conduct | 17 | | business in this State.
| 18 | | (2) The responsive bidder complies with all applicable | 19 | | provisions of the Prevailing Wage Act.
| 20 | | (3) The responsive bidder complies with Subchapter VI | 21 | | of Chapter 21 of Title 42 of the United States Code (42 | 22 | | U.S.C. 2000e, et al.) and with Federal Executive Order No. | 23 | | 11246 as amended by Federal Executive Order No. 11375.
| 24 | | (4) The responsive bidder has a valid Federal Employer | 25 | | Identification Number or, if an individual, a valid Social |
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| 1 | | Security number.
| 2 | | (5) The responsive bidder has a valid certificate of | 3 | | insurance showing adequate coverage in the following | 4 | | areas: general liability, professional liability, product | 5 | | liability, workers' compensation, completed operations, | 6 | | hazardous occupation, and automobile.
| 7 | | (6) The responsive bidder and each subcontractor of the | 8 | | responsive bidder, if any, participates in applicable | 9 | | apprenticeship and training programs approved by and | 10 | | registered with the United States Department of Labor's | 11 | | Bureau of Apprenticeship and Training or its successor | 12 | | entity.
| 13 | | (7) The responsive bidder has submitted a signed | 14 | | affidavit stating that the responsive bidder will maintain | 15 | | an Illinois office as the primary place of employment for | 16 | | persons employed in the construction authorized by the | 17 | | contract. | 18 | | (8) The responsive bidder has an existing contractual | 19 | | obligation, or will agree to and be bound by such an | 20 | | obligation, to maximize the use of apprentices on public | 21 | | works projects. | 22 | | Section 5-20. Exemptions. This Act does not apply to the | 23 | | following: | 24 | | (a) Federally-funded construction projects, if the | 25 | | application would jeopardize the receipt or use of federal |
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| 1 | | funds in support of such a project.
| 2 | | (b) Professional services. | 3 | | (c) Public works contracts entered into by a municipality | 4 | | with a population of 175,000 or more, according to the 2010 | 5 | | federal decennial census, that established an aspirational | 6 | | goal to award at least 20% of the annual dollar value of all | 7 | | construction contracts awarded by the municipality to | 8 | | minority-owned business enterprises. | 9 | | (d) Duly awarded contracts let pursuant to any bona fide | 10 | | responsible bidder ordinance enacted by a public body prior to | 11 | | January 1, 2014. | 12 | | (e) Contracts awarded pursuant to the Illinois Procurement | 13 | | Code. | 14 | | Section 5-25. Small public works contracts. | 15 | | (a) For contracts awarded on or after July 1, 2015 through | 16 | | June 30, 2016 for public works of $100,000 or more, item (6) of | 17 | | subsection (b) of Section 5-15 of this Act shall apply. For | 18 | | contracts awarded on or after July 1, 2016 through June 30, | 19 | | 2017 for public works of $50,000 or more, item (6) of | 20 | | subsection (b) of Section 5-15 of this Act shall apply. For | 21 | | contracts awarded on or after July 1, 2017 for public works of | 22 | | $20,000 or more, item (6) of subsection (b) of Section 5-15 of | 23 | | this Act shall apply. | 24 | | (b) For each small public works contract, the public body | 25 | | shall certify in writing that the contract is in fact for an |
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| 1 | | amount below the threshold established in subsection (a) of | 2 | | this Section and duly qualifies as such a contract under this | 3 | | Section. The public body shall also certify in writing that the | 4 | | contract is not a subterfuge to avoid compliance with item (6) | 5 | | of subsection (b) of Section 5-15 of this Act. | 6 | | (c) As used in this Section, "small public works contract" | 7 | | means a contract to perform construction work on a public works | 8 | | project for a public body that is: (i) in itself below the | 9 | | threshold amount established in subsection (a) of this Section; | 10 | | and (ii) not directly or indirectly a component of any existing | 11 | | or future public works project of the public body. | 12 | | (d) Upon the filing of a complaint or the Department's own | 13 | | motion, the public body shall bear the burden of proof of | 14 | | demonstrating by clear and convincing evidence that the | 15 | | contract qualifies under this Section and is not a subterfuge | 16 | | to avoid compliance.
| 17 | | Section 5-30. Penalties. | 18 | | (a) No public works project shall be instituted unless the | 19 | | public body letting the contract for public work and all | 20 | | contractors employed on the public works project comply with | 21 | | the provisions of this Act. If the Department has cause to | 22 | | believe that this Act has been violated, the Department, | 23 | | represented by the Attorney General, is empowered to sue for | 24 | | injunctive relief against the award of any contract or the | 25 | | continuation of work under any contract for public works at a |
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| 1 | | time when any provision or requirement of this Act has not been | 2 | | met or has been violated. Any contract awarded at a time when | 3 | | the requirements of this Act have not been met shall be void as | 4 | | against public policy and the contractor is prohibited from | 5 | | recovering any damages for the voiding of the contract or | 6 | | pursuant to the terms of the contract. The contractor is | 7 | | limited to a claim for amounts actually paid for labor and | 8 | | materials supplied to the public body.
| 9 | | (b) If a court determines or the Department finds after a | 10 | | formal administrative hearing that a public body willfully and | 11 | | intentionally violated or failed to comply with this Act, the | 12 | | public body is subject to a civil penalty of not less than | 13 | | $5,000 nor more than $10,000 for each day that public work | 14 | | takes place in violation of this Act.
In assessing the civil | 15 | | penalty, the court or Department shall consider in aggravation | 16 | | or mitigation the budget of the public body and whether the | 17 | | public body has previously been assessed penalties for | 18 | | violations of this Act.
| 19 | | (c) If a court determines or the Department finds after a | 20 | | formal administrative hearing that a contractor willfully and | 21 | | intentionally violated or failed to comply with this Act, the | 22 | | court or Department shall impose a civil penalty on the | 23 | | contractor of not less than $5,000 nor more than $10,000 for | 24 | | each day that public work takes place in violation of this Act.
| 25 | | (d) If a court determines or the Department finds after a | 26 | | formal administrative hearing that a public body violated |
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| 1 | | Section 5-25 of this Act, then the public body shall be | 2 | | ineligible for the exemption provided under Section 5-25 for a | 3 | | period of 5 years from the date of entry of the final decision. | 4 | | (e) Penalties imposed and collected under this Section | 5 | | shall be made payable to the Apprenticeship Participation Fund, | 6 | | which is created as a special fund in the State treasury, to be | 7 | | used by the Illinois Department of Labor for establishing and | 8 | | maintaining recruitment tools and programs in support of the | 9 | | apprenticeship applicant recruitment goals set by the | 10 | | Apprenticeship Participation and Contractor Access Council | 11 | | under Section 10-15 of the Apprenticeship Participation and | 12 | | Contractor Access Act. | 13 | | Section 5-35. Enforcement. | 14 | | (a) Any interested party may file a complaint with the | 15 | | Department against a public body or a contractor subject to | 16 | | this Act or bring a civil action directly in circuit court, but | 17 | | not both, if there is a reasonable belief that the public body | 18 | | or contractor has violated this Act. The action shall be | 19 | | brought no more than 3 years after the date of the last event | 20 | | that constitutes an alleged violation for which the action is | 21 | | brought. Claims filed directly in circuit court by an | 22 | | interested party shall be filed in the county where the alleged | 23 | | violation occurred, without regard to the exhaustion of | 24 | | remedies provided in this Act. The Attorney General may | 25 | | intervene in private actions on behalf of the Department if the |
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| 1 | | Department certifies that the case is of general public | 2 | | importance. If a successful claim is brought in circuit court | 3 | | for violations of this Act, a successful claimant is entitled, | 4 | | in addition to the remedies provided for in this Act, to be | 5 | | awarded reasonable attorney fees and other costs of the action. | 6 | | (b) If a claim has been filed directly with the Department, | 7 | | the Department shall enforce the provisions of this Act. The | 8 | | Department has the power to conduct investigations in | 9 | | connection with the administration and enforcement of this Act. | 10 | | As part of any investigation, the Department has the right to | 11 | | inspect documents, interview witnesses, and subpoena the | 12 | | attendance and testimony of witnesses and the production of | 13 | | books, records, and documents. If the Department determines, | 14 | | upon an investigation, that there has been a violation of this | 15 | | Act or any rules promulgated under this Act, the Department | 16 | | shall notify the public body or contractor of its findings and | 17 | | the relief sought. Absent voluntary compliance with the | 18 | | Department's requested relief, a formal administrative hearing | 19 | | shall be scheduled in accordance with the Department's rules | 20 | | promulgated pursuant to this Act. A final decision of the | 21 | | Department after a formal administrative hearing is subject to | 22 | | the provisions of the Administrative Review Law and is | 23 | | enforceable in an action brought in the name of the People of | 24 | | the State of Illinois by the Attorney General. | 25 | | Section 5-40. Rulemaking authority. The Department may |
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| 1 | | promulgate rules to implement the provisions of this Act. | 2 | | Section 5-45. Home rule preemption. The responsible bidder | 3 | | obligation and other provisions of this Act concerning public | 4 | | works are exclusive powers and functions of the State. This Act | 5 | | is a denial and limitation of home rule powers and functions | 6 | | under subsection (h) of Section 6 of Article VII of the | 7 | | Illinois Constitution. | 8 | | ARTICLE 10. | 9 | | Section 10-1. Short title. This Act may be cited as the | 10 | | Apprenticeship Participation and Contractor Access Act. Any | 11 | | references in this Article to "this Act" mean this Article. | 12 | | Section 10-5. Definitions. As used in this Act:
| 13 | | "Apprenticeship" means apprenticeship and training | 14 | | programs approved by and registered with the United States | 15 | | Department of Labor's Bureau of Apprenticeship and Training. | 16 | | "Council" means the Apprenticeship Participation and | 17 | | Contractor Access Council. | 18 | | "Department" means the Illinois Department of Labor. | 19 | | "Female" has the meaning provided in paragraph (2) of | 20 | | subsection (A) of Section 2 of the Business Enterprise for | 21 | | Minorities, Females, and Persons with Disabilities Act. | 22 | | "Labor organization" means any organization defined as a |
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| 1 | | "labor organization" under Section 2 of the National Labor | 2 | | Relations Act (29 U.S.C. 152) in which a majority of the | 3 | | organization's members are engaged in construction as defined | 4 | | in Section 5 of the Employee Classification Act.
| 5 | | "Minority" has the meaning provided in paragraph (1) of | 6 | | subsection (A) of Section 2 of the Business Enterprise for | 7 | | Minorities, Females, and Persons with Disabilities Act. | 8 | | "Person with a disability" has the meaning provided in | 9 | | paragraph (2.05) of subsection (A) of Section 2 of the Business | 10 | | Enterprise for Minorities, Females, and Persons with | 11 | | Disabilities Act. | 12 | | "Public works" has the meaning provided in Section 5-10 of | 13 | | the Illinois Responsible Bidder on Public Works Projects Act. | 14 | | Section 10-10. Apprenticeship Participation and Contractor | 15 | | Access Council.
| 16 | | (a) To help increase the number and diversity of qualified | 17 | | bidders on public works projects so that participants in | 18 | | apprenticeship programs in the construction industry will | 19 | | better reflect the State's population, there is created the | 20 | | Apprenticeship Participation and Contractor Access Council. | 21 | | The Council shall consist of 14 members appointed by the | 22 | | Governor with the advice and consent of the Senate. In addition | 23 | | to the requirements of subsection (b), the membership of the | 24 | | Council should reflect the ethnic, cultural, and geographic | 25 | | diversity of the State.
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| 1 | | (b) Seven members shall be appointed representing the | 2 | | interests of labor organizations in this State and 7 members | 3 | | shall be appointed representing the interests of the following | 4 | | groups of contractors: (i) minorities; (ii) females; and (iii) | 5 | | persons with disabilities. Of the 7 members representing | 6 | | contractors, at least one member shall represent an association | 7 | | of African-American contractors in this State, one member shall | 8 | | represent an association of Latino contractors in this State, | 9 | | one member shall represent an association of female contractors | 10 | | in this State, one member shall represent a group of | 11 | | contractors representing persons with disabilities, one member | 12 | | shall represent an African-American chamber of commerce, and | 13 | | one member shall represent a Latino chamber of commerce. | 14 | | Of the 7 members appointed representing the interests of | 15 | | labor organizations in Illinois, 3 appointments shall be made | 16 | | from the geographic limits of the First Illinois Supreme Court | 17 | | District, of which one appointment shall be from a federation | 18 | | of labor organization in Chicago, of which another appointment | 19 | | shall be from a council of labor organization representing the | 20 | | building trades in Chicago and Cook County, and of which the | 21 | | final appointment shall be from a statewide federation of labor | 22 | | organizations headquartered in Cook County and Springfield; | 23 | | one appointment shall be made from the geographic limits of the | 24 | | Second Illinois Supreme Court District; one appointment shall | 25 | | be made from the geographic limits of the Third Illinois | 26 | | Supreme Court District; one appointment shall be made from the |
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| 1 | | geographic limits of the Fourth Illinois Supreme Court | 2 | | District; and one appointment shall be made from the geographic | 3 | | limits of the Fifth Illinois Supreme Court District. | 4 | | (c) In addition to the members listed in subsection (b), | 5 | | each of the following shall serve as an ex officio non-voting | 6 | | member of the Council to provide specialized advice and support | 7 | | to the Council: the Secretary of Transportation, the Executive | 8 | | Director of the Illinois Toll Highway Authority, the Executive | 9 | | Director of the Capital Development Board, and the Directors of | 10 | | Commerce and Economic Opportunity, Central Management | 11 | | Services, and Labor. | 12 | | (d) For the initial appointments to the Council, 3 members | 13 | | representing the interests of labor organizations and 3 members | 14 | | representing the interests of minorities, females, and persons | 15 | | with disabilities shall be appointed to serve a 2-year term. | 16 | | Four members representing the interests of labor organizations | 17 | | and 4 members representing the interests of minorities, | 18 | | females, and persons with disabilities shall be appointed to | 19 | | serve a 4-year term. Thereafter, all appointments shall be for | 20 | | a term of 4 years. | 21 | | The initial term of the Council shall commence on the first | 22 | | Wednesday in February 2015. Thereafter, terms shall commence on | 23 | | the first Wednesday in February, except in the case of an | 24 | | appointment to fill a vacancy. | 25 | | Vacancies occurring among the members shall be filled in | 26 | | the same manner as the original appointment for the remainder |
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| 1 | | of the unexpired term. For a vacancy occurring when the Senate | 2 | | is not in session, the Governor may make a temporary | 3 | | appointment until the next meeting of the Senate when a person | 4 | | shall be nominated to fill the office, and, upon confirmation | 5 | | by the Senate, he or she may hold office for the remainder of | 6 | | the term. A member is eligible for reappointment. | 7 | | (e) Members representing the interests of labor | 8 | | organizations in this State shall annually elect a | 9 | | co-chairperson from their number. Members representing the | 10 | | interests of minorities, females, and persons with | 11 | | disabilities shall annually elect a co-chairperson from their | 12 | | number. Members may elect from the entire membership of the | 13 | | Council such other officers as they may determine. Members are | 14 | | not entitled to compensation for their services, but are | 15 | | entitled to reimbursement for all necessary expenses incurred | 16 | | in connection with the performance of their duties as members | 17 | | from funds appropriated for that purpose.
| 18 | | (f) The Council shall meet quarterly and at other such | 19 | | times as the co-chairpersons or any 8 voting members consider | 20 | | necessary at a time and location to be determined by the | 21 | | co-chairpersons. The Department shall provide staff assistance | 22 | | and support to the Council.
| 23 | | Section 10-15. Apprenticeship applicant recruitment goals | 24 | | for minorities and females. | 25 | | (a) The apprenticeship applicant recruitment goals shall |
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| 1 | | be established by a panel of 3 appointees. The panel shall | 2 | | consist of the 2 co-chairpersons of the Council. The 2 | 3 | | co-chairpersons shall appoint the third member of the panel. | 4 | | The third member of the panel may be selected at-large based on | 5 | | the qualifications established by the co-chairpersons of the | 6 | | Council and is not required to be a member of the Council. If | 7 | | the 2 co-chairpersons of the Council cannot agree on the third | 8 | | member of the panel within 30 days of their election, the | 9 | | Director of Labor shall appoint the third member of the panel, | 10 | | with the advice and consent of the Senate.
| 11 | | (b) The apprenticeship applicant recruitment goals shall | 12 | | be established by construction trade and by region. For the | 13 | | purpose of establishing apprenticeship applicant recruitment | 14 | | goals, regions shall be established by a majority vote of the | 15 | | Council on an annual basis. The regional apprenticeship | 16 | | applicant recruitment goals shall be based on historic | 17 | | participation rates of minorities and females in | 18 | | apprenticeship programs in the region, the percentage of the | 19 | | population in the region comprised of minorities and females, | 20 | | and the number of pre-apprenticeship programs in the region, as | 21 | | well as any other factors the Council agrees to consider by | 22 | | majority vote. | 23 | | (c) The initial apprenticeship applicant recruitment goals | 24 | | shall be established no later than February 1, 2016. The goals | 25 | | shall be re-evaluated and reestablished on an annual basis.
| 26 | | (d) The Department is responsible for collecting data and |
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| 1 | | monitoring compliance with the apprenticeship applicant | 2 | | recruitment goals established by the panel. The Department | 3 | | shall establish rules for collecting data and monitoring | 4 | | compliance of the apprenticeship applicant recruitment goals.
| 5 | | (e) The Department shall submit an Apprenticeship | 6 | | Applicant Recruitment Goals Compliance Report, by construction | 7 | | trade and by region, to the Governor, the President and | 8 | | Minority Leader of the Senate, and the Speaker and Minority | 9 | | Leader of the House of Representatives on or before December 1, | 10 | | 2016 and by December 1 annually thereafter.
| 11 | | (f) The Department shall publish the Apprenticeship | 12 | | Applicant Recruitment Goals Compliance Report and make the | 13 | | Report available to the public in both paper and electronic | 14 | | media, on the website of the Department, and by any other | 15 | | method which the Department deems appropriate.
| 16 | | Section 10-20. Real time participation tracking methods. | 17 | | (a) The Council shall review tools and methods for real | 18 | | time tracking methods for recording and reviewing | 19 | | participation by minorities, females, and persons with | 20 | | disabilities on public works projects.
| 21 | | (b) Any real time tracking tool or method must have the | 22 | | ability to account for participation of minorities, females, | 23 | | and persons with disabilities on public works projects.
| 24 | | (c) The Council shall approve annually, by majority vote, a | 25 | | plan to improve real time tracking of participation by |
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| 1 | | minorities, females, and persons with disabilities on public | 2 | | works projects.
| 3 | | (d) The Council shall annually submit the plan, in the form | 4 | | of legislation, to the Governor, the President and Minority | 5 | | Leader of the Senate, and the Speaker and Minority Leader of | 6 | | the House of Representatives on or before February 1, 2016 and | 7 | | every February 1, thereafter. The legislation shall be in the | 8 | | form of one or more substantive bills drafted by the | 9 | | Legislative Reference Bureau.
| 10 | | ARTICLE 15.
| 11 | | Section 15-10. The State Finance Act is amended by adding | 12 | | Section 5.855 as follows: | 13 | | (30 ILCS 105/5.855 new) | 14 | | Sec. 5.855. The Apprenticeship Participation Fund. ".
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