093_HB2459eng

 
HB2459 Engrossed                     LRB093 07496 WGH 07668 b

 1        AN ACT in relation to apprentice programs.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Apprentice/Training Equity Act.

 6        Section  5.  Statement of policy. It is the policy of the
 7    State of Illinois to ensure  full  and  equitable  employment
 8    opportunities  for  minorities  and  females  in the building
 9    trades on all construction contracts  funded  in  whole  with
10    State funds.  Lack of employment opportunities for minorities
11    and   females   in   the  building  trades  impedes  economic
12    development and contributes to the social  ills  of  Illinois
13    residents.     Federal   and   State   regulations   prohibit
14    discrimination because of  race,  color,  religion,  sex,  or
15    national  origin  in  employment  and  training programs. The
16    State is committed to ensuring that  minorities  and  females
17    are  provided  apprenticeship/training  and  self-improvement
18    opportunities   in   the   building  trades  on  construction
19    contracts funded in whole with State funds to assist in their
20    increased employment in the building trades.

21        Section 10.  Definitions.  As used in this Act:
22        "Minority" has the definition contained in Section 10  of
23    the State Employment Records Act.
24        "Apprentice  program"  means an apprentice program in the
25    building  trades  that  is  authorized  by  the   Bureau   of
26    Apprenticeship Training of the U.S. Department of Labor.
27        "Apprentice"   means   a  participant  in  an  apprentice
28    program.
29        "Training  program"  means  a  training  program  in  the
30    building trades that is  approved  by  the  Bureau  of  Small
 
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 1    Business   Enterprises   of   the   Illinois   Department  of
 2    Transportation.
 3        "Trainee" means a participant in a training program.
 4        "Apprentice plan" means  a  written  description  of  the
 5    manner  in  which each minority or female apprentice shall be
 6    used on a project.
 7        "Training plan" means a written description of the manner
 8    in which each minority or female trainee shall be used  on  a
 9    project.

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

 5        Section  99.   Effective  date.  This Act takes effect on
 6    January 1, 2004.