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90_HB1292ham001
LRB9003079WHmgam
1 AMENDMENT TO HOUSE BILL 1292
2 AMENDMENT NO. . Amend House Bill 1292 by replacing
3 the title with the following:
4 "AN ACT in relation to apprentice programs."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Illinois Apprentice Equity Act.
9 Section 5. Statement of policy. It is the policy of the
10 State of Illinois to ensure full and equitable employment
11 opportunities for minorities and females in the building
12 trades on all State construction contracts. Lack of
13 employment opportunities for minorities and females in the
14 building trades impedes economic development and contributes
15 to the social ills of Illinois residents. Federal and State
16 regulations prohibit discrimination because of race, color,
17 religion, sex, or national origin in employment and training
18 programs. The State is committed to ensuring that
19 minorities and females are provided training and
20 self-improvement opportunities in the building trades on
21 State construction contracts to assist in their increased
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1 employment in the building trades. All training
2 opportunities under this Act shall be provided exclusively
3 through apprentice programs in the building trades,
4 authorized by the Bureau of Apprenticeship Training of the
5 United States Department of Labor.
6 Section 10. Definition. As used in this Act, "minority"
7 has the definition contained in Section 10 of the State
8 Employment Records Act.
9 Section 15. Program.
10 (a) To facilitate the provision of training
11 opportunities for minorities and women in the building
12 trades, the Director of the Capital Development Board and the
13 Secretary of Transportation shall designate specific
14 contracts let by the respective agencies as subject to an
15 apprentice program promoting employment opportunities for
16 minorities and women.
17 (b) In selecting contracts for participation in the
18 apprentice program approved under this Act and in
19 establishing the applicable goals for each selected contract,
20 the Director of the Capital Development Board and the
21 Secretary of Transportation shall consider the following
22 criteria:
23 (1) The nature of a project to ensure that it has
24 the potential for providing effective training
25 opportunities.
26 (2) The duration of the contract, work schedules
27 for project completion, and labor intensiveness of work
28 areas.
29 (3) The magnitude or dollar amount of the contract.
30 (4) The scope of work to be performed.
31 (5) The total normal building trade work force that
32 the average low bidder could be expected to use.
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1 (6) The ratio of apprentices to journeymen that it
2 would be feasible for the average low bidder to use as
3 part of the contractor's work force during normal
4 operations, including the consideration of the relevant
5 provisions of any applicable collective bargaining
6 agreement.
7 (c) For each designated contract subject to the
8 apprentice program approved under this Act, the Director of
9 the Capital Development Board and the Secretary of
10 Transportation shall jointly establish goals for the number
11 of minority and female apprentices in the building trades to
12 be assigned work on the contract, expressed in terms of hours
13 of assigned work, 1,000 hours being equivalent to
14 approximately 6 months of full-time employment. The bidder
15 shall commit to the employment of minority and female
16 apprentices on the contract equal to or greater than each of
17 the applicable goals.
18 (d) If the bidder finds it impossible to meet the
19 established goals, the bidder may seek a waiver from the
20 Director or the Secretary accompanied by such documentation
21 as requested by the Director of the Capital Development Board
22 or the Secretary of Transportation, as applicable, that
23 sufficient qualified minorities and females to meet the goals
24 were unavailable despite the bidder's making all reasonable
25 good faith efforts in recruiting minorities and females for
26 the training positions. The Director of the Capital
27 Development Board or the Secretary of Transportation, as
28 applicable, may grant the waiver request upon the
29 determination that sufficient qualified minorities and
30 females are not available for employment in the applicable
31 training programs to meet the established goals despite the
32 good faith efforts of the bidder to recruit minorities and
33 females or that applicable collective bargaining agreement
34 provisions would prohibit the employment of apprentices on
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1 the project to the extent required by the established goals.
2 (e) Whenever a bidder's contractor subcontracts a
3 portion of the work involving any construction trade, the
4 subcontractor shall be subject, with subcontracts in excess
5 of $10,000, to the same goals for hiring minority and women
6 apprentices applicable to the contractor, unless the Director
7 of the Capital Development Board or the Secretary of
8 Transportation, as applicable, grants the subcontractor a
9 partial or total waiver of the established goals.
10 (f) Within 10 days following the approval of the
11 contractor's required Bond, the contractor shall submit to
12 the Director of the Capital Development Board or the
13 Secretary of Transportation, as applicable, a proposed
14 training program specifying the number of apprentices to be
15 trained in each selected classification and the corresponding
16 training programs to be used. If a subcontract is let for a
17 portion of the work, the contractor may determine the extent
18 to which apprentices are to be trained by the subcontractor,
19 but the contractor shall retain responsibility for meeting
20 the applicable goals or shall submit with its bid a request
21 for a partial or total waiver of the established goals.
22 (g) A contractor's training program shall be approved
23 only if it meets the standards set forth with regard to:
24 (1) The primary objectives of training and
25 upgrading minority and female workers.
26 (2) The approval of training programs by the
27 Department of Commerce and Community Affairs, except with
28 respect to any established training program for laborers.
29 (3) Whether the classifications proposed are
30 appropriate for the specific project. The character,
31 duration, and nature of the project operations shall
32 readily support the proposed training program.
33 (h) If the contractor's submission is not acceptable, or
34 if, in the opinion of the Director of the Capital Development
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1 Board or the Secretary of Transportation, as applicable, the
2 character, duration, or nature of the project operations
3 cannot support the proposed training classification, the
4 training program shall not be approved. The contractor's
5 submission shall be returned for correction and resubmission.
6 (i) The contractor shall submit to the Director of the
7 Capital Development Board or the Secretary of Transportation,
8 as applicable, a monthly report, as specified by the Director
9 or Secretary, detailing the use of apprentices during the
10 prior month.
11 (j) When the Director of the Capital Development Board
12 or the Secretary of Transportation, as applicable, has
13 determined that the contractor has failed to comply with any
14 of the apprentice program requirements, the Director or
15 Secretary may notify the contractor of any non-compliance and
16 withhold up to 50% of the current progress or final payment
17 due the contractor until it is determined that the contractor
18 is in compliance or that, despite the contractor's making all
19 reasonable good faith efforts, it is unable to meet the
20 established goals.
21 (k) The contractor shall include all costs of compliance
22 for the apprentice program in its bid. The contractor shall
23 not be entitled to any additional compensation from the State
24 for additional costs, delays, or expenses of any kind arising
25 out of or resulting from the implementation of this program
26 in the contract.
27 (l) Nothing in this Act shall be construed or enforced
28 to permit discrimination against any individual on the basis
29 of race, color, sex, or national origin with respect to
30 employment or training opportunities on State contracts.
31 (m) The Director of the Capital Development Board and
32 the Secretary of Transportation shall submit, at least once
33 each calendar quarter, a report to the Governor and General
34 Assembly detailing their implementation of the apprentice
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1 program established by this Act, and the compliance of
2 contractors with this Act.".