Illinois General Assembly - Full Text of SB1735
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Full Text of SB1735  97th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2705-215 as follows:
7    (20 ILCS 2705/2705-215)  (was 20 ILCS 2705/49.27)
8    Sec. 2705-215. Cooperative utilization of equipment and
9services of governmental entities and not-for-profit
10organizations for the transportation needs in public service
12    (a) The Department is directed to encourage and assist
13governmental entities, not-for-profit corporations, and
14nonprofit community service associations, between or among
15themselves, in the development of reasonable utilization of
16transportation equipment and operational service in satisfying
17the general and specialized public transportation needs.
18    The Department shall develop and encourage cooperative
19development, among all entities, of programs promoting
20efficient service and conservation of capital investment and
21energy and shall assist all entities in achieving their goals
22and in their applications for transportation grants under
23appropriate State or federal programs.



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1    (b) Implementation of cooperative programs is to be
2developed within the meaning of the provisions of the
3Intergovernmental Cooperation Act. In the circumstances of
4nongovernmental entities, the Department shall be guided by
5that Act and any other State law in encouraging the cooperative
6programs between those entities.
7    (c) The Department shall report to the members of the
8General Assembly, by March 1 of each year, its successes,
9failures and progress in achieving the intent of this Section.
10The report shall also include identification of problems as
11well as the Department's recommendations.
12    (d) The General Assembly finds as follows:
13        (i) Federal regulation 23 CFR 637 requires
14    contractors, consultants, local agencies, and Department
15    personnel performing materials acceptance sampling and
16    testing on Federal-aid projects on the National Highway
17    System be qualified.
18        (ii) The Illinois Department of Transportation offers
19    Quality Control/Quality Assurance courses and specific
20    task training programs in order to meet the educational
21    requirements for qualified personnel.
22        (iii) All personnel who successfully complete the
23    required Quality Control/Quality Assurance courses or the
24    specific task training programs and have been entered into
25    departmental databases are considered qualified.
26        (iv) The laws of this State do not require that all



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1    Quality Control/Quality Assurance courses be completed at
2    Illinois Department of Transportation facilities. Proper
3    training, however, is an integral component to the success
4    of the Quality Control/Quality Assurance program.
5        (v) Due to inherent differences in administering local
6    projects, and due to the administrative burdens that are
7    imposed when enforcing quality standards, a proper system
8    of training is necessary to ensure laboratories remain
9    qualified to adequately teach and train contractors,
10    consultants, local agencies, and Department personnel at
11    these facilities.
12        (vi) Only a minimal number of facilities meet these
13    standards and are able to competently teach and train
14    qualified sampling and testing personnel.
15    In order to ensure that only competent training is
16available, it is the intent of the General Assembly to limit
17the certification of apprenticeship programs to those that meet
18minimal standards and that are able to competently teach and
19train. It is also the intent of the General Assembly to require
20that all training managers satisfy Quality Control/Quality
21Assurance standards, and that all training facilities and
22apprenticeship programs in this State conform to the safety
23standards imposed by the laws and regulations of this State and
24the laws and regulations of the federal government.
25    The Department shall certify an apprenticeship program as
26able to teach and train its own members for any quality



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1assurance and quality control certifications issued by the
2Department if the apprenticeship program meets the following
4        (1) the program is a United States Department of Labor
5    apprenticeship program conducted by a joint labor
6    management board that is regulated under the Labor
7    Management Relations Act, 29 U.S.C. 141 et seq.; and
8        (2) the program is conducted at a training facility
9    that was established prior to January 1, 2008.
10    The Department shall certify the curricula for the quality
11assurance quality control program and shall make available all
12course curricula, teaching aids, syllabi, and other materials
13necessary for instruction of courses described by this
14subsection (d).
15    The Department may administer any testing or certify a
16third party to administer and certify any testing, provided
17that the entity is independent of and not an affiliate of the
18United States Department of Labor apprenticeship programs
19identified in this subsection (d).
20    If the Department does not administer the testing, the
21Department and the apprenticeship program shall mutually agree
22upon a third party to administer the testing. The third party
23shall provide testers upon being given 10 days' notice.
24(Source: P.A. 91-239, eff. 1-1-00.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.