Illinois General Assembly - Full Text of HB3437
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Full Text of HB3437  102nd General Assembly


Sen. Michael E. Hastings

Filed: 5/28/2021





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2    AMENDMENT NO. ______. Amend House Bill 3437, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, on page 4, line 21, by replacing "2023" with "2025"; and
5on page 5, line 2, by replacing "$2,500" with "$3,500"; and
6on page 18, line 16, after "program", by inserting ", labor
7organization,"; and
8on page 20, by replacing line 19 with the following:
9        "(2) A report submitted by a labor organization that
10    provides workers in high-hazard facilities shall contain
11    the following information:
12            (A) A description of the labor organization's
13        recruitment efforts and screening efforts and a
14        general description of training efforts.
15            (B) The number of workers provided to work in



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1        high-hazard facilities in the prior calendar year,
2        broken down by race, ethnicity, gender, jurisdiction,
3        apprentice or journeyperson level, age, and veteran
4        status.
5            (C) The demographic data of the county where the
6        labor organization is located.
7            (D) A statement of the labor organization's
8        minimum diversity goal, which shall equal the
9        demographic makeup of its jurisdiction, and whether
10        the demographic makeup of the workers provided by the
11        labor organization to work at the high-hazard facility
12        is meeting that goal.
13            (E) An action plan to increase or maintain
14        diversity to meet or exceed the stated minimum
15        diversity goal. An action plan may include, but is not
16        limited to, taking the following actions if the
17        diversity goal is not met:
18                (i) Providing information on this Act for all
19            high schools and field offices of the Department
20            of Employment Security in the jurisdiction.
21                (ii) Entering into a joint agreement with the
22            Department of Employment Security for outreach and
23            employment services.
24                (iii) Entering into a joint agreement with
25            educational institutions or approved Illinois
26            Works Preapprenticeship Programs established under



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1            subsection (a) of Section 20-15 of the Illinois
2            Works Jobs Program Act in the jurisdiction to
3            enhance recruitment efforts.
4                (iv) Evaluating and eliminating experience
5            requirements that may pose barriers to recruiting
6            or admitting diverse individuals as apprentices
7            when feasible.
8        (3) A report submitted by a contractor who employs";
9    and
10on page 22, by replacing lines 25 and 26 with the following:
11"program providing workers in a high-hazard facility, labor
12organization providing workers in a high-hazard facility, or
13the contractor operating at a high-hazard facility made any
14misrepresentation in its annual report or failed to"; and
15on page 23, line 3, by replacing "paragraph (5) of subsection
16(a)" with "subparagraph (E) of paragraph (3) of subsection
17(a)"; and
18on page 23, by replacing line 9 with the following:
19"Department for investigation, audit, and enforcement.
20    The Department may conduct investigations and audits in
21connection with the administration and enforcement of this
22Act. The Department shall conduct routine audits of the
23reports submitted under subsection (a) on a rolling basis and



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1at least once every 3 years. The Department shall also conduct
2an audit upon receipt of a referral of a suspected violation
3from the Department of Commerce and Economic Opportunity. When
4conducting an audit or investigation under this Act, an
5officer or employee of the Department may inspect records
6deemed by the Department to be related to the requirements of
7this Act. The Director or his or her representative may
8compel, by subpoena, the attendance and testimony of witnesses
9and the production of books, payrolls, records, papers, and
10other evidence in any investigation and may administer oaths
11to witnesses."; and
12on page 23, line 19, after the period, by inserting "For a
13labor organization, the jurisdiction is the Illinois county
14where the labor organization is located."; and
15on page 27, line 19, after "2023", by inserting ", except that
16Article 1 and Section 15-10 take effect January 1, 2025".