HB5265 - 104th General Assembly
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| 1 | AN ACT concerning finance. | |||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||
| 4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||||||||
| 5 | Section 5.1038 as follows: | |||||||||||||||||||||||||
| 6 | (30 ILCS 105/5.1038 new) | |||||||||||||||||||||||||
| 7 | Sec. 5.1038. The Illinois Municipal Works | |||||||||||||||||||||||||
| 8 | Preapprenticeship and Service Trainee Fund. | |||||||||||||||||||||||||
| 9 | Section 10. The Illinois Works Jobs Program Act is amended | |||||||||||||||||||||||||
| 10 | by changing Section 20-15 and by adding Section 20-17 as | |||||||||||||||||||||||||
| 11 | follows: | |||||||||||||||||||||||||
| 12 | (30 ILCS 559/20-15) | |||||||||||||||||||||||||
| 13 | (Text of Section before amendment by P.A. 104-458) | |||||||||||||||||||||||||
| 14 | Sec. 20-15. Illinois Works Preapprenticeship Program; | |||||||||||||||||||||||||
| 15 | Illinois Works Bid Credit Program. | |||||||||||||||||||||||||
| 16 | (a) The Illinois Works Preapprenticeship Program is | |||||||||||||||||||||||||
| 17 | established and shall be administered by the Department. The | |||||||||||||||||||||||||
| 18 | goal of the Illinois Works Preapprenticeship Program is to | |||||||||||||||||||||||||
| 19 | create a network of community-based organizations throughout | |||||||||||||||||||||||||
| 20 | the State that will recruit, prescreen, and provide | |||||||||||||||||||||||||
| 21 | preapprenticeship skills training, for which participants may | |||||||||||||||||||||||||
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| 1 | attend free of charge and receive a stipend, to create a | ||||||
| 2 | qualified, diverse pipeline of workers who are prepared for | ||||||
| 3 | careers in the construction and building trades. Upon | ||||||
| 4 | completion of the Illinois Works Preapprenticeship Program, | ||||||
| 5 | the candidates will be skilled and work-ready. | ||||||
| 6 | (b) There is created the Illinois Works Fund, a special | ||||||
| 7 | fund in the State treasury. The Illinois Works Fund shall be | ||||||
| 8 | administered by the Department. The Illinois Works Fund shall | ||||||
| 9 | be used to provide funding for community-based organizations | ||||||
| 10 | throughout the State. In addition to any other transfers that | ||||||
| 11 | may be provided for by law, on and after July 1, 2019 at the | ||||||
| 12 | direction of the Director of the Governor's Office of | ||||||
| 13 | Management and Budget, the State Comptroller shall direct and | ||||||
| 14 | the State Treasurer shall transfer amounts not exceeding a | ||||||
| 15 | total of $50,000,000 from the Rebuild Illinois Projects Fund | ||||||
| 16 | to the Illinois Works Fund. | ||||||
| 17 | (b-5) In addition to any other transfers that may be | ||||||
| 18 | provided for by law, beginning July 1, 2024 and each July 1 | ||||||
| 19 | thereafter, or as soon thereafter as practical, the State | ||||||
| 20 | Comptroller shall direct and the State Treasurer shall | ||||||
| 21 | transfer $27,500,000 from the Capital Projects Fund to the | ||||||
| 22 | Illinois Works Fund. | ||||||
| 23 | (c) Each community-based organization that receives | ||||||
| 24 | funding from the Illinois Works Fund shall provide an annual | ||||||
| 25 | report to the Illinois Works Review Panel by April 1 of each | ||||||
| 26 | calendar year. The annual report shall include the following | ||||||
| |||||||
| |||||||
| 1 | information: | ||||||
| 2 | (1) a description of the community-based | ||||||
| 3 | organization's recruitment, screening, and training | ||||||
| 4 | efforts; | ||||||
| 5 | (2) the number of individuals who apply to, | ||||||
| 6 | participate in, and complete the community-based | ||||||
| 7 | organization's program, broken down by race, gender, age, | ||||||
| 8 | and veteran status; and | ||||||
| 9 | (3) the number of the individuals referenced in item (2) | ||||||
| 10 | of this subsection who are initially accepted and placed | ||||||
| 11 | into apprenticeship programs in the construction and | ||||||
| 12 | building trades. | ||||||
| 13 | (d) The Department shall create and administer the | ||||||
| 14 | Illinois Works Bid Credit Program that shall provide economic | ||||||
| 15 | incentives, through bid credits, to encourage contractors and | ||||||
| 16 | subcontractors to provide contracting and employment | ||||||
| 17 | opportunities to historically underrepresented populations in | ||||||
| 18 | the construction industry. | ||||||
| 19 | The Illinois Works Bid Credit Program shall allow | ||||||
| 20 | contractors and subcontractors to earn bid credits for use | ||||||
| 21 | toward future bids for public works projects contracted by the | ||||||
| 22 | State or an agency of the State in order to increase the | ||||||
| 23 | chances that the contractor and the subcontractors will be | ||||||
| 24 | selected. | ||||||
| 25 | Contractors or subcontractors may be eligible to earn bid | ||||||
| 26 | credits for employing apprentices who have completed the | ||||||
| |||||||
| |||||||
| 1 | Illinois Works Preapprenticeship Program or the Illinois | ||||||
| 2 | Municipal Works Preapprenticeship and Service Trainee Program. | ||||||
| 3 | Contractors or subcontractors shall earn bid credits at a rate | ||||||
| 4 | established by the Department and based on labor hours worked | ||||||
| 5 | by apprentices who have completed the Illinois Works | ||||||
| 6 | Preapprenticeship Program or the Illinois Municipal Works | ||||||
| 7 | Preapprenticeship and Service Trainee Program. In order to | ||||||
| 8 | earn bid credits, contractors and subcontractors shall provide | ||||||
| 9 | the Department with certified payroll documenting the hours | ||||||
| 10 | performed by apprentices who have completed the Illinois Works | ||||||
| 11 | Preapprenticeship Program or the Illinois Municipal Works | ||||||
| 12 | Preapprenticeship and Service Trainee Program. Contractors and | ||||||
| 13 | subcontractors can use bid credits toward future bids for | ||||||
| 14 | public works projects contracted or funded by the State or an | ||||||
| 15 | agency of the State in order to increase the likelihood of | ||||||
| 16 | being selected as the contractor for the public works project | ||||||
| 17 | toward which they have applied the bid credit. The Department | ||||||
| 18 | shall establish the rate by rule and shall publish it on the | ||||||
| 19 | Department's website. The rule may include maximum bid credits | ||||||
| 20 | allowed per contractor, per subcontractor, per apprentice, per | ||||||
| 21 | bid, or per year. | ||||||
| 22 | The Illinois Works Credit Bank is hereby created and shall | ||||||
| 23 | be administered by the Department. The Illinois Works Credit | ||||||
| 24 | Bank shall track the bid credits. | ||||||
| 25 | A contractor or subcontractor who has been awarded bid | ||||||
| 26 | credits under any other State program for employing | ||||||
| |||||||
| |||||||
| 1 | apprentices who have completed the Illinois Works | ||||||
| 2 | Preapprenticeship Program is not eligible to receive bid | ||||||
| 3 | credits under the Illinois Works Bid Credit Program relating | ||||||
| 4 | to the same contract. | ||||||
| 5 | The Department shall report to the Illinois Works Review | ||||||
| 6 | Panel the following: (i) the number of bid credits awarded by | ||||||
| 7 | the Department; (ii) the number of bid credits submitted by | ||||||
| 8 | the contractor or subcontractor to the agency administering | ||||||
| 9 | the public works contract; and (iii) the number of bid credits | ||||||
| 10 | accepted by the agency for such contract. Any agency that | ||||||
| 11 | awards bid credits pursuant to the Illinois Works Credit Bank | ||||||
| 12 | Program shall report to the Department the number of bid | ||||||
| 13 | credits it accepted for the public works contract. | ||||||
| 14 | Upon a finding that a contractor or subcontractor has | ||||||
| 15 | reported falsified records to the Department in order to | ||||||
| 16 | fraudulently obtain bid credits, the Department may bar the | ||||||
| 17 | contractor or subcontractor from participating in the Illinois | ||||||
| 18 | Works Bid Credit Program and may suspend the contractor or | ||||||
| 19 | subcontractor from bidding on or participating in any public | ||||||
| 20 | works project. False or fraudulent claims for payment relating | ||||||
| 21 | to false bid credits may be subject to damages and penalties | ||||||
| 22 | under applicable law. | ||||||
| 23 | (e) The Department shall adopt any rules deemed necessary | ||||||
| 24 | to implement this Section. In order to provide for the | ||||||
| 25 | expeditious and timely implementation of this Act, the | ||||||
| 26 | Department may adopt emergency rules. The adoption of | ||||||
| |||||||
| |||||||
| 1 | emergency rules authorized by this subsection is deemed to be | ||||||
| 2 | necessary for the public interest, safety, and welfare. | ||||||
| 3 | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; | ||||||
| 4 | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 104-2, eff. | ||||||
| 5 | 6-16-25.) | ||||||
| 6 | (Text of Section after amendment by P.A. 104-458) | ||||||
| 7 | Sec. 20-15. Illinois Works Preapprenticeship Program; | ||||||
| 8 | Illinois Works Bid Credit Program. | ||||||
| 9 | (a) The Illinois Works Preapprenticeship Program is | ||||||
| 10 | established and shall be administered by the Department. The | ||||||
| 11 | goal of the Illinois Works Preapprenticeship Program is to | ||||||
| 12 | create a network of community-based organizations throughout | ||||||
| 13 | the State that will recruit, prescreen, and provide | ||||||
| 14 | preapprenticeship skills training, for which participants may | ||||||
| 15 | attend free of charge and receive a stipend, to create a | ||||||
| 16 | qualified, diverse pipeline of workers who are prepared for | ||||||
| 17 | careers in the construction and building trades. Upon | ||||||
| 18 | completion of the Illinois Works Preapprenticeship Program, | ||||||
| 19 | the candidates will be skilled and work-ready. | ||||||
| 20 | (b) There is created the Illinois Works Fund, a special | ||||||
| 21 | fund in the State treasury. The Illinois Works Fund shall be | ||||||
| 22 | administered by the Department. The Illinois Works Fund shall | ||||||
| 23 | be used to provide funding for community-based organizations | ||||||
| 24 | throughout the State. In addition to any other transfers that | ||||||
| 25 | may be provided for by law, on and after July 1, 2019 at the | ||||||
| |||||||
| |||||||
| 1 | direction of the Director of the Governor's Office of | ||||||
| 2 | Management and Budget, the State Comptroller shall direct and | ||||||
| 3 | the State Treasurer shall transfer amounts not exceeding a | ||||||
| 4 | total of $50,000,000 from the Rebuild Illinois Projects Fund | ||||||
| 5 | to the Illinois Works Fund. | ||||||
| 6 | (b-5) In addition to any other transfers that may be | ||||||
| 7 | provided for by law, beginning July 1, 2024 and each July 1 | ||||||
| 8 | thereafter, or as soon thereafter as practical, the State | ||||||
| 9 | Comptroller shall direct and the State Treasurer shall | ||||||
| 10 | transfer $27,500,000 from the Capital Projects Fund to the | ||||||
| 11 | Illinois Works Fund. | ||||||
| 12 | (c) Each community-based organization that receives | ||||||
| 13 | funding from the Illinois Works Fund shall provide an annual | ||||||
| 14 | report to the Illinois Works Review Panel by April 1 of each | ||||||
| 15 | calendar year. The annual report shall include the following | ||||||
| 16 | information: | ||||||
| 17 | (1) a description of the community-based | ||||||
| 18 | organization's recruitment, screening, and training | ||||||
| 19 | efforts; | ||||||
| 20 | (2) the number of individuals who apply to, | ||||||
| 21 | participate in, and complete the community-based | ||||||
| 22 | organization's program, broken down by race, gender, age, | ||||||
| 23 | and veteran status; and | ||||||
| 24 | (3) the number of the individuals referenced in item (2) | ||||||
| 25 | of this subsection who are initially accepted and placed | ||||||
| 26 | into apprenticeship programs in the construction and | ||||||
| |||||||
| |||||||
| 1 | building trades. | ||||||
| 2 | (d) The Department shall create and administer the | ||||||
| 3 | Illinois Works Bid Credit Program that shall provide economic | ||||||
| 4 | incentives, through bid credits, to encourage contractors and | ||||||
| 5 | subcontractors to provide contracting and employment | ||||||
| 6 | opportunities to historically underrepresented populations in | ||||||
| 7 | the construction industry. | ||||||
| 8 | The Illinois Works Bid Credit Program shall allow | ||||||
| 9 | contractors and subcontractors to earn bid credits for use | ||||||
| 10 | toward future bids for public works projects contracted by the | ||||||
| 11 | State or an agency of the State in order to increase the | ||||||
| 12 | chances that the contractor and the subcontractors will be | ||||||
| 13 | selected. | ||||||
| 14 | Contractors or subcontractors may be eligible to earn bid | ||||||
| 15 | credits for employing apprentices who have been verified by | ||||||
| 16 | the Department to have completed the Illinois Works | ||||||
| 17 | Preapprenticeship Program, the Climate Works Preapprenticeship | ||||||
| 18 | Program, or the Highway Construction Careers Training Program, | ||||||
| 19 | or the Illinois Municipal Works Preapprenticeship and Service | ||||||
| 20 | Trainee Program. Contractors or subcontractors shall earn bid | ||||||
| 21 | credits at a rate established by the Department and based on | ||||||
| 22 | labor hours worked by apprentices who have been verified by | ||||||
| 23 | the Department to have completed the Illinois Works | ||||||
| 24 | Preapprenticeship Program, the Climate Works Preapprenticeship | ||||||
| 25 | Program, or the Highway Construction Careers Training Program, | ||||||
| 26 | or the Illinois Municipal Works Preapprenticeship and Service | ||||||
| |||||||
| |||||||
| 1 | Trainee Program. In order to earn bid credits, contractors and | ||||||
| 2 | subcontractors shall provide the Department with certified | ||||||
| 3 | payroll documenting the hours performed by apprentices who | ||||||
| 4 | have been verified by the Department to have completed the | ||||||
| 5 | Illinois Works Preapprenticeship Program, the Climate Works | ||||||
| 6 | Preapprenticeship Program, or the Highway Construction Careers | ||||||
| 7 | Training Program, or the Illinois Municipal Works | ||||||
| 8 | Preapprenticeship and Service Trainee Program. Contractors and | ||||||
| 9 | subcontractors can use bid credits toward future bids for | ||||||
| 10 | public works projects contracted or funded by the State or an | ||||||
| 11 | agency of the State in order to increase the likelihood of | ||||||
| 12 | being selected as the contractor for the public works project | ||||||
| 13 | toward which they have applied the bid credit. The Department | ||||||
| 14 | shall establish the rate by rule and shall publish it on the | ||||||
| 15 | Department's website. The rule may include maximum bid credits | ||||||
| 16 | allowed per contractor, per subcontractor, per apprentice, per | ||||||
| 17 | bid, or per year. | ||||||
| 18 | The Illinois Works Credit Bank is hereby created and shall | ||||||
| 19 | be administered by the Department. The Illinois Works Credit | ||||||
| 20 | Bank shall track the bid credits. | ||||||
| 21 | A contractor or subcontractor who has been awarded bid | ||||||
| 22 | credits under any other State program for employing | ||||||
| 23 | apprentices who have completed the Illinois Works | ||||||
| 24 | Preapprenticeship Program is not eligible to receive bid | ||||||
| 25 | credits under the Illinois Works Bid Credit Program relating | ||||||
| 26 | to the same contract. | ||||||
| |||||||
| |||||||
| 1 | The Department shall report to the Illinois Works Review | ||||||
| 2 | Panel the following: (i) the number of bid credits awarded by | ||||||
| 3 | the Department; (ii) the number of bid credits submitted by | ||||||
| 4 | the contractor or subcontractor to the agency administering | ||||||
| 5 | the public works contract; and (iii) the number of bid credits | ||||||
| 6 | accepted by the agency for such contract. Any agency that | ||||||
| 7 | awards bid credits pursuant to the Illinois Works Credit Bank | ||||||
| 8 | Program shall report to the Department the number of bid | ||||||
| 9 | credits it accepted for the public works contract. | ||||||
| 10 | Upon a finding that a contractor or subcontractor has | ||||||
| 11 | reported falsified records to the Department in order to | ||||||
| 12 | fraudulently obtain bid credits, the Department may bar the | ||||||
| 13 | contractor or subcontractor from participating in the Illinois | ||||||
| 14 | Works Bid Credit Program and may suspend the contractor or | ||||||
| 15 | subcontractor from bidding on or participating in any public | ||||||
| 16 | works project. False or fraudulent claims for payment relating | ||||||
| 17 | to false bid credits may be subject to damages and penalties | ||||||
| 18 | under applicable law. | ||||||
| 19 | (e) The Department shall adopt any rules deemed necessary | ||||||
| 20 | to implement this Section. In order to provide for the | ||||||
| 21 | expeditious and timely implementation of this Act, the | ||||||
| 22 | Department may adopt emergency rules. The adoption of | ||||||
| 23 | emergency rules authorized by this subsection is deemed to be | ||||||
| 24 | necessary for the public interest, safety, and welfare. | ||||||
| 25 | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; | ||||||
| 26 | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 104-2, eff. | ||||||
| |||||||
| |||||||
| 1 | 6-16-25; 104-458, eff. 6-1-26.) | ||||||
| 2 | (30 ILCS 559/20-17 new) | ||||||
| 3 | Sec. 20-17. Illinois Municipal Works Preapprenticeship and | ||||||
| 4 | Service Trainee Program. | ||||||
| 5 | (a) The Illinois Municipal Works Preapprenticeship and | ||||||
| 6 | Service Trainee Program is established and shall be | ||||||
| 7 | administered by the Department. The goal of the Illinois | ||||||
| 8 | Municipal Works Preapprenticeship and Service Trainee Program | ||||||
| 9 | is to create a network of community-based organizations within | ||||||
| 10 | the region served by Morton College that will recruit, | ||||||
| 11 | prescreen, and provide preapprenticeship and service trainee | ||||||
| 12 | skills training, for which participants may attend free of | ||||||
| 13 | charge and receive a stipend, to create a qualified, diverse | ||||||
| 14 | pipeline of workers who are prepared for careers in the | ||||||
| 15 | construction and building trades and in the union service | ||||||
| 16 | trades that have collective bargaining agreements with | ||||||
| 17 | municipalities, the health care sector, and other service | ||||||
| 18 | sectors. | ||||||
| 19 | (b) There is created the Illinois Municipal Works | ||||||
| 20 | Preapprenticeship and Service Trainee Fund, a special fund in | ||||||
| 21 | the State treasury. The Fund shall be administered by the | ||||||
| 22 | Department. The Fund shall be used to provide funding directly | ||||||
| 23 | to Morton College and, through Morton College, to trade | ||||||
| 24 | unions, municipal employers, health care employers, and other | ||||||
| 25 | service sector employers who are associated with the Illinois | ||||||
| |||||||
| |||||||
| 1 | Municipal Works Preapprenticeship and Service Trainee Program. | ||||||
| 2 | In addition to any other transfers that may be provided for by | ||||||
| 3 | law, on and after July 1, 2026 and every July 1 thereafter, at | ||||||
| 4 | the direction of the Director of the Governor's Office of | ||||||
| 5 | Management and Budget, the State Comptroller shall direct and | ||||||
| 6 | the State Treasurer shall transfer amounts not exceeding a | ||||||
| 7 | total of $250,000 from the Rebuild Illinois Projects Fund to | ||||||
| 8 | the Fund. | ||||||
| 9 | (c) With regard to funds that Morton College receives from | ||||||
| 10 | the Illinois Municipal Works Preapprenticeship and Service | ||||||
| 11 | Trainee Fund, Morton College shall provide an annual report to | ||||||
| 12 | the Illinois Works Review Panel and the Illinois Community | ||||||
| 13 | College Board by April 1 of each calendar year. The annual | ||||||
| 14 | report shall include the following information: | ||||||
| 15 | (1) a description of Morton College's recruitment, | ||||||
| 16 | screening, and training efforts; | ||||||
| 17 | (2) the number of individuals who apply to, | ||||||
| 18 | participate in, and complete the program, broken down by | ||||||
| 19 | race, gender, age, veteran status, and primary language; | ||||||
| 20 | (3) the number of the individuals referenced in item | ||||||
| 21 | (2) of this subsection who are initially accepted and | ||||||
| 22 | placed into apprenticeship programs in the construction | ||||||
| 23 | and building trades or in union service trainee programs | ||||||
| 24 | with municipal, healthcare, or other service sector | ||||||
| 25 | employers; and | ||||||
| 26 | (4) such other information as Morton College deems | ||||||
| |||||||
| |||||||
| 1 | necessary or advisable to identify and document successful | ||||||
| 2 | aspects of the program and to resolve systemic hinderances | ||||||
| 3 | to the program's success. | ||||||
| 4 | Section 15. The Public Community College Act is amended by | ||||||
| 5 | adding Section 2-28 as follows: | ||||||
| 6 | (110 ILCS 805/2-28 new) | ||||||
| 7 | Sec. 2-28. Pipeline for the Advancement of the Trade Union | ||||||
| 8 | and Service Union Workforce. The State Board shall monitor | ||||||
| 9 | implementation and progress of the Illinois Municipal Works | ||||||
| 10 | Preapprenticeship and Service Trainee Program. By no later | ||||||
| 11 | than July 1, 2031, the State Board, in collaboration with | ||||||
| 12 | Morton College, shall recommend legislation to the General | ||||||
| 13 | Assembly that will, based upon the experience of Morton | ||||||
| 14 | College, establish and fund an Illinois Pipeline for the | ||||||
| 15 | Advancement of the Union Service Workforce Program. | ||||||
| 16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 17 | changes in a statute that is represented in this Act by text | ||||||
| 18 | that is not yet or no longer in effect (for example, a Section | ||||||
| 19 | represented by multiple versions), the use of that text does | ||||||
| 20 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 21 | made by this Act or (ii) provisions derived from any other | ||||||
| 22 | Public Act. | ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| |||||||
| |||||||
| 1 | becoming law. | ||||||
