HB5344 101ST GENERAL ASSEMBLY

LRB101 18680 JLS 68135 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5344

Introduced , by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

New Act

Creates the Construction Apprenticeship Program Act. Provides that, as a condition of engaging in a construction business in this State, a contractor must document proof of participation in an apprenticeship program approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. Imposes a penalty not to exceed $5,000 for a first violation and a penalty not to exceed $10,000 for subsequent violations. Provides for enforcement by the Department of Labor and authorizes the adoption of any rules necessary to implement the Act.

A BILL FOR

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Construction Apprenticeship Program Act.

Section 5. Definitions. In this Act:

"Apprentice" means a participant in an apprenticeship program approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

"Apprenticeship program" means an apprenticeship and training program approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

"Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property, or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property, or improvement herein described of any material or article of merchandise. Construction also includes moving construction related materials on the job site to or from the job site.

"Contractor" means any individual, sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity permitted by law to do business within the State of Illinois that engages in construction as defined in this Act.

"Department" means the Illinois Department of Labor.

Section 10. Apprenticeship program participation mandatory. As a condition of transacting business in this State, a contractor must document proof of participation in an apprenticeship program.

Section 15. Enforcement.

(a) It is the duty of the Department to conduct investigations related to any violations of this Act, institute the actions for penalties provided under this Act, and to enforce generally the provisions of this Act.

(b) A contractor found to be in violation of this Act is subject to a civil penalty in an amount not exceeding $5,000 for a first violation and a penalty in an amount not exceeding $10,000 for each subsequent violation.

(c) In the enforcement of this Act, the Department has the powers granted to it under the Illinois Wage Payment and Collection Act.

Section 20. Rules. The Department may adopt any rules necessary to implement this Act.