093_HB2459ham001

 










                                     LRB093 07496 WGH 14439 a

 1                    AMENDMENT TO HOUSE BILL 2459

 2        AMENDMENT NO.     .  Amend House Bill 2459  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    Apprentice/Training 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 construction contracts  funded  in  whole  with
13    State funds.  Lack of employment opportunities for minorities
14    and   females   in   the  building  trades  impedes  economic
15    development and contributes to the social  ills  of  Illinois
16    residents.     Federal   and   State   regulations   prohibit
17    discrimination because of  race,  color,  religion,  sex,  or
18    national  origin  in  employment  and  training programs. The
19    State is committed to ensuring that  minorities  and  females
20    are  provided  apprenticeship/training  and  self-improvement
21    opportunities   in   the   building  trades  on  construction
 
                            -2-      LRB093 07496 WGH 14439 a
 1    contracts funded in whole with State funds to assist in their
 2    increased employment in the building trades.

 3        Section 10.  Definitions.  As used in this Act:
 4        "Minority" has the definition contained in Section 10  of
 5    the State Employment Records Act.
 6        "Apprentice  program"  means an apprentice program in the
 7    building  trades  that  is  authorized  by  the   Bureau   of
 8    Apprenticeship Training of the U.S. Department of Labor.
 9        "Apprentice"   means   a  participant  in  an  apprentice
10    program.
11        "Training  program"  means  a  training  program  in  the
12    building trades that is  approved  by  the  Bureau  of  Small
13    Business   Enterprises   of   the   Illinois   Department  of
14    Transportation.
15        "Trainee" means a participant in a training program.
16        "Apprentice plan" means  a  written  description  of  the
17    manner  in  which each minority or female apprentice shall be
18    used on a project.
19        "Training plan" means a written description of the manner
20    in which each minority or female trainee shall be used  on  a
21    project.

22        Section 15.  Plan.
23        (a)  To       facilitate       the      provision      of
24    apprenticeship/training  opportunities  for  minorities   and
25    women  in  the  building  trades, the Director of the Capital
26    Development Board and the Secretary of  Transportation  shall
27    designate  specific  contracts let by the respective agencies
28    as  subject  to   an   apprentice/training   plan   promoting
29    employment opportunities for minorities and women.
30        (b)  In  selecting  contracts  for  participation  in the
31    apprentice/training plan  approved  under  this  Act  and  in
32    establishing the applicable goals for each selected contract,
 
                            -3-      LRB093 07496 WGH 14439 a
 1    the  Secretary of Transportation shall consider the following
 2    criteria:
 3             (1)  The nature of a project to ensure that  it  has
 4        the    potential   for   providing   effective   training
 5        opportunities within the  applicable  apprentice/training
 6        program.
 7             (2)  The  duration  of  the contract, work schedules
 8        for project completion, and labor intensiveness  of  work
 9        areas.
10             (3)  The magnitude or dollar amount of the contract.
11             (4)  The scope of work to be performed.
12             (5)  The total normal building trade work force that
13        the average low bidder could be expected to use.
14             (6)  The ratio of apprentices/trainees to journeymen
15        that  it  would be feasible for the average low bidder to
16        use as part of the contractor's work force during  normal
17        operations,  including  the consideration of the relevant
18        provisions  of  any  applicable   collective   bargaining
19        agreement or approved training program.
20        (c)  For   each   designated   contract  subject  to  the
21    apprentice/training  plan  approved  under  this   Act,   the
22    Director of the Capital Development Board or the Secretary of
23    Transportation  shall  establish  goals  for  the  number  of
24    minority  and  female  apprentices/trainees  in  the building
25    trades to be assigned work  on  the  contract,  expressed  in
26    terms   of  hours  of  assigned  work.  The  bidder  and  the
27    appropriate labor organization shall commit to the employment
28    of minority and female apprentices/trainees on  the  contract
29    equal  to  or  greater  than each of the applicable goals. In
30    employing  minority  and  female  apprentices/trainees,   the
31    successful  bidder  shall  give  preference  to  minority and
32    female apprentices/trainees who are already  participants  in
33    an  apprentice/training  program. The Director of the Capital
34    Development Board or  the  Secretary  of  Transportation,  as
 
                            -4-      LRB093 07496 WGH 14439 a
 1    applicable, shall require the appropriate labor organizations
 2    and joint apprenticeship training committees to submit to the
 3    Director of the Capital Development Board or the Secretary of
 4    Transportation   lists   of  the  individuals  in  applicable
 5    apprentice/training programs. The lists shall show the  name,
 6    address,  sex,  and  race of each individual. The Director of
 7    the  Capital  Development   Board   or   the   Secretary   of
 8    Transportation  shall  use  the  lists  in establishing goals
 9    under this subsection (c).
10        (d)  If the goals established  by  the  Director  of  the
11    Capital  Development Board or the Secretary of Transportation
12    for a designated contract under subsection (c)  are  not  met
13    because  of  the composition of the individuals assigned by a
14    labor  organization  for  employment  in   apprentice/trainee
15    positions  under  that  contract, the contractor may submit a
16    request to the Director of the Capital Development  Board  or
17    the  Secretary of Transportation, as applicable, for a waiver
18    as  to  those  goals.  The  contractor  shall   submit   such
19    documentation  as  may  be  requested  by the Director of the
20    Capital Development Board or the Secretary of Transportation,
21    as  applicable,  in  connection  with  the  request  and  the
22    reasonable good faith  efforts  of  the  contractor  to  hire
23    minorities  and  females for apprentice/trainee positions. If
24    the documentation supports the contractor's  waiver  request,
25    the   Director  of  the  Capital  Development  Board  or  the
26    Secretary of Transportation, as applicable, shall  grant  the
27    waiver.
28        (e)  In  the  event  that  a  contractor  subcontracts  a
29    portion  of  the contract work, he or she shall determine how
30    many, if any, of the  trainees  are  to  be  trained  by  the
31    subcontractor,  provided,  however, that the contractor shall
32    retain the primary responsibility for  meeting  the  training
33    requirements imposed by this special provision.
34        (f)  Within   10  days  following  the  approval  of  the
 
                            -5-      LRB093 07496 WGH 14439 a
 1    contractor's required bond, the contractor  shall  submit  to
 2    the   Director  of  the  Capital  Development  Board  or  the
 3    Secretary of Transportation, as applicable,  a  copy  of  the
 4    plan  for  using  minority and female apprentices/trainees on
 5    the project, including the number of apprentices/trainees  to
 6    be   trained   in   each   selected  classification  and  the
 7    corresponding apprentice/training programs to be used.  If  a
 8    subcontract  is let for a portion of the work, the contractor
 9    may determine the extent to which apprentices/trainees are to
10    be trained by the subcontractor,  but  the  contractor  shall
11    retain  responsibility  for  meeting  the applicable goals or
12    shall submit with its bid a request for a  partial  or  total
13    waiver of the established goals.
14        (g)  A  contractor's  plan  for using minority and female
15    apprentices/trainees shall be approved only if it  meets  the
16    standards set forth with regard to:
17             (1)  The   primary   objectives   of   training  and
18        upgrading minority and female workers  within  applicable
19        apprentice/training programs.
20             (2)  Whether   the   classifications   proposed  are
21        appropriate for the  specific  project.   The  character,
22        duration,  and  nature  of  the  project operations shall
23        readily support the proposed apprentice/training plan.
24        (h)  If the contractor's submission is not acceptable, or
25    if, in the opinion of the Director of the Capital Development
26    Board or the Secretary of Transportation, as applicable,  the
27    character,  duration,  or  nature  of  the project operations
28    cannot    support     the     proposed     apprentice/trainee
29    classification,  the  apprentice/training  plan  shall not be
30    approved.  The contractor's submission shall be returned  for
31    correction and resubmission.
32        (i)  The  contractor  shall submit to the Director of the
33    Capital Development Board or the Secretary of Transportation,
34    as applicable, a monthly report, as specified by the Director
 
                            -6-      LRB093 07496 WGH 14439 a
 1    or the Secretary, detailing the use  of  apprentices/trainees
 2    during the prior month.
 3        (j)  When  the  Director of the Capital Development Board
 4    or  the  Secretary  of  Transportation,  as  applicable,  has
 5    determined that the contractor has failed to comply with  any
 6    of the apprentice/training plan requirements, the Director or
 7    the Secretary may notify the contractor of any non-compliance
 8    and  withhold  up  to  5%  of  the  current progress or final
 9    payment due the contractor until it is  determined  that  the
10    contractor is in compliance or that, despite the contractor's
11    making  all  reasonable  good  faith efforts, it is unable to
12    meet the established goals.
13        (k)  In  the  case  of  a  contract  with  the   Illinois
14    Department  of Transportation, the contractor shall implement
15    specific  recruitment   actions   to   ensure   equality   of
16    opportunity  for minorities and females in apprenticeship and
17    training programs. The  recruitment  shall  comply  with  the
18    guidance   specified   under   the   Illinois  Department  of
19    Transportation   specific   equal   employment    opportunity
20    responsibilities   of  the  Supplemental  Specifications  and
21    Recurring Special Provisions Rule.
22        If the contractor has not, in good faith, sought to train
23    minorities and females as stipulated under  the  Supplemental
24    Specifications   and   Recurring   Special   Provisions,  the
25    contractor shall be subject to sanctions  set  forth  in  the
26    agreement.     The     sanctions    may    include    lowered
27    prequalification, suspension or cancellation of the contract,
28    debarment from further contracts, and liquidated damages.
29        The contractor's compliance status shall be determined by
30    monitoring and review procedures that are administered by the
31    Illinois  Department  of  Transportation  Bureau   of   Small
32    Business Enterprises.
33        (l)  The contractor shall include all costs of compliance
34    for  the  apprentice/training plan in its bid. The contractor
 
                            -7-      LRB093 07496 WGH 14439 a
 1    will be reimbursed 80 cents per hour  of  training  given  an
 2    employee  in  accordance with an approved apprentice/training
 3    program.   The  contractor  shall  not  be  entitled  to  any
 4    additional compensation from the State for additional  costs,
 5    delays,  or  expenses of any kind arising out of or resulting
 6    from the implementation of this plan in the contract.
 7        (m)  Nothing in this Act shall be construed  or  enforced
 8    to  permit discrimination against any individual on the basis
 9    of race, color, sex,  or  national  origin  with  respect  to
10    employment   or   apprenticeship/training   opportunities  on
11    contracts funded in whole with State funds.
12        (n)  The Director of the Capital  Development  Board  and
13    the  Secretary  of Transportation shall submit, at least once
14    each calendar quarter, a report to the Governor  and  General
15    Assembly   detailing   his   or  her  implementation  of  the
16    apprentice/training plan established by  this  Act,  and  the
17    compliance of contractors with this Act.

18        Section  99.   Effective  date.  This Act takes effect on
19    January 1, 2004.".