Full Text of SB2140 101st General Assembly
SB2140ham002 101ST GENERAL ASSEMBLY | Rep. Lawrence Walsh, Jr. Filed: 5/29/2019
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| 1 | | AMENDMENT TO SENATE BILL 2140
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2140, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. If and only if Senate Bill 1407 of the 101st | 6 | | General Assembly becomes law in the form in which it passed the | 7 | | Senate, then the Illinois Hazardous Materials Workforce | 8 | | Training Act is amended by changing Section 5 and adding | 9 | | Section 22 as follows: | 10 | | (101st G.A., SB1407 Engrossed, Sec. 5)
| 11 | | Sec. 5. Definitions. As used in this Act: | 12 | | "Apprenticeable occupation" means an occupation in the | 13 | | building and construction trades for which training and | 14 | | apprenticeship programs have been approved by and registered | 15 | | with the U.S. Department of Labor, Bureau of Apprenticeship and | 16 | | Training.
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| 1 | | "Apprenticeship program" means an applicable training and | 2 | | apprenticeship program approved by and registered with the U.S. | 3 | | Department of Labor, Bureau of Apprenticeship and Training.
| 4 | | "Approved advanced safety training for workers at high | 5 | | hazard facilities" means a curriculum of in-person classroom | 6 | | and laboratory instruction for approved advanced safety | 7 | | training established by rule by the Department. | 8 | | "Building and construction trades council" means any labor | 9 | | organization that represents multiple construction trades and | 10 | | monitors or is attentive to compliance with public or workers' | 11 | | safety laws, wage and hour requirements, or other statutory | 12 | | requirements and negotiates and maintains collective | 13 | | bargaining agreements. | 14 | | "Community college" means a college organized under the | 15 | | Public Community College Act. | 16 | | "Construction" means all work at a stationary source | 17 | | involving laborers, workers or mechanics. "Construction" | 18 | | includes any maintenance, repair, assembly, or disassembly | 19 | | work performed on equipment whether owned, leased, or rented.
| 20 | | "Department" means the Department of Labor. | 21 | | "Director" means the Director of Labor. | 22 | | "Labor agreement" means a form of pre-hire collective | 23 | | bargaining agreement covering all terms and conditions of | 24 | | employment. | 25 | | "Labor organization" means an organization that is the | 26 | | exclusive representative of an employer's employees recognized |
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| 1 | | or certified under the National Labor Relations Act. | 2 | | "Owner or operator" means an owner or operator of a | 3 | | stationary source that is engaged in activities described in | 4 | | Code 324110, 325110, 325193, or 325199 of the 2017 North | 5 | | American Industry Classification System (NAICS), and has one or | 6 | | more covered processes that are required to prepare and submit | 7 | | a Risk Management Plan. "Owner or operator" does not include | 8 | | oil and gas extraction operations. | 9 | | "Prevailing hourly wage rate" has the same meaning as | 10 | | "general prevailing rate of hourly wages" as defined in Section | 11 | | 2 of the Prevailing Wage Act.
| 12 | | "Registered apprentice" means an apprentice registered in | 13 | | an applicable apprenticeship program for an apprenticeable | 14 | | occupation approved by, and registered with, the U.S. | 15 | | Department of Labor, Bureau of Apprenticeship and Training.
| 16 | | "Shift" means a set standard period of time an employer | 17 | | requires its employees to perform his or her work-related | 18 | | duties on a daily basis. For purposes of this definition, there | 19 | | may be multiple shifts per day. | 20 | | "Skilled journeyperson" means a worker who meets all of the | 21 | | following criteria:
| 22 | | (1) the worker either graduated from an approved | 23 | | apprenticeship program for the applicable occupation, or | 24 | | has at least as many hours of on-the-job experience in the | 25 | | applicable occupation that would be required to graduate | 26 | | from an approved apprenticeship program for the applicable |
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| 1 | | occupation;
| 2 | | (2) the worker is being paid at least a rate equivalent | 3 | | to the prevailing hourly wage rate for a journeyperson in | 4 | | the applicable occupation and locality; and
| 5 | | (3) beginning on or after January 1, 2023, the worker | 6 | | has completed, within the prior 2 calendar years, at least | 7 | | 20 hours of approved advanced safety training for workers | 8 | | at high hazard facilities. | 9 | | "Skilled and trained workforce" means a workforce that | 10 | | meets all of the following criteria:
| 11 | | (1) all the workers are either registered apprentices | 12 | | or skilled journeypersons;
| 13 | | (2) beginning on January 1, 2020, at least 45% of the | 14 | | skilled journeypersons are graduates of an apprenticeship | 15 | | program for the applicable occupation;
| 16 | | (3) beginning on January 1, 2021, at least 60% of the | 17 | | skilled journeypersons are graduates of an apprenticeship | 18 | | program for the applicable occupation; and
| 19 | | (4) beginning on January 1, 2022, at least 80% of the | 20 | | skilled journeypersons are graduates of an apprenticeship | 21 | | program for the applicable occupation.
| 22 | | "Stationary source" means that term as it is defined under | 23 | | Section 39.5 of the Environmental Protection Act.
| 24 | | (Source: 101st G.A., SB1407 Engrossed.) | 25 | | (101st G.A., SB1407 Engrossed, Sec. 22 new) |
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| 1 | | Sec. 22. Exemptions. This Act does not apply to any owner | 2 | | or operator that has an executed national or local labor | 3 | | agreement in effect pertaining to the performance of | 4 | | construction work at a given facility or site under the terms | 5 | | of the agreement. The labor agreement must be negotiated with | 6 | | and approved by a building and construction trades council that | 7 | | has geographic jurisdiction over the stationary source.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law, or on the date Senate Bill 1407 of the 101st | 10 | | General Assembly takes effect, whichever is later.".
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