Sen. Dale A. Righter

Filed: 5/3/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1735, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Department of Transportation Law of the
6Civil Administrative Code of Illinois is amended by changing
7Section 2705-215 as follows:
8    (20 ILCS 2705/2705-215)  (was 20 ILCS 2705/49.27)
9    Sec. 2705-215. Cooperative utilization of equipment and
10services of governmental entities and not-for-profit
11organizations for the transportation needs in public service
13    (a) The Department is directed to encourage and assist
14governmental entities, not-for-profit corporations, and
15nonprofit community service associations, between or among
16themselves, in the development of reasonable utilization of



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1transportation equipment and operational service in satisfying
2the general and specialized public transportation needs.
3    The Department shall develop and encourage cooperative
4development, among all entities, of programs promoting
5efficient service and conservation of capital investment and
6energy and shall assist all entities in achieving their goals
7and in their applications for transportation grants under
8appropriate State or federal programs.
9    (b) Implementation of cooperative programs is to be
10developed within the meaning of the provisions of the
11Intergovernmental Cooperation Act. In the circumstances of
12nongovernmental entities, the Department shall be guided by
13that Act and any other State law in encouraging the cooperative
14programs between those entities.
15    (c) The Department shall report to the members of the
16General Assembly, by March 1 of each year, its successes,
17failures and progress in achieving the intent of this Section.
18The report shall also include identification of problems as
19well as the Department's recommendations.
20    (d) The General Assembly finds as follows:
21        (i) Federal regulation 23 CFR 637 requires
22    contractors, consultants, local agencies, and Department
23    personnel performing materials acceptance sampling and
24    testing on Federal-aid projects on the National Highway
25    System be qualified.
26        (ii) The Illinois Department of Transportation offers



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1    Quality Control/Quality Assurance courses and specific
2    task training programs in order to meet the educational
3    requirements for qualified personnel.
4        (iii) All personnel who successfully complete the
5    required Quality Control/Quality Assurance courses or the
6    specific task training programs and have been entered into
7    departmental databases are considered qualified.
8        (iv) The laws of this State do not require that all
9    Quality Control/Quality Assurance courses be completed at
10    Illinois Department of Transportation facilities. Proper
11    training, however, is an integral component to the success
12    of the Quality Control/Quality Assurance program.
13        (v) Due to inherent differences in administering local
14    projects, and due to the administrative burdens that are
15    imposed when enforcing quality standards, a proper system
16    of training is necessary to ensure laboratories remain
17    qualified to adequately teach and train contractors,
18    consultants, local agencies, and Department personnel at
19    these facilities.
20        (vi) Only a minimal number of facilities meet these
21    standards and are able to competently teach and train
22    qualified sampling and testing personnel.
23    In order to ensure that only competent training is
24available, it is the intent of the General Assembly to limit
25the certification of apprenticeship programs to those that meet
26minimal standards and that are able to competently teach and



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1train. It is also the intent of the General Assembly to require
2that all training managers satisfy Quality Control/Quality
3Assurance standards, and that all training facilities and
4apprenticeship programs in this State conform to the safety
5standards imposed by the laws and regulations of this State and
6the laws and regulations of the federal government.
7    The Department shall certify an apprenticeship program as
8able to teach and train its own members for any quality
9assurance and quality control certifications issued by the
10Department if the apprenticeship program meets the following
12        (1) the program is a United States Department of Labor
13    apprenticeship program conducted by a joint labor
14    management board that is regulated under the Labor
15    Management Relations Act, 29 U.S.C. 141 et seq.; and
16        (2) the program is conducted at a training facility
17    that was established prior to January 1, 2008.
18    The Department shall certify the curricula for the quality
19assurance quality control program and shall make available all
20course curricula, teaching aids, syllabi, and other materials
21necessary for instruction of courses described by this
22subsection (d).
23    The Department may administer any testing or certify a
24third party to administer and certify any testing, provided
25that the entity is independent of and not an affiliate of the
26United States Department of Labor apprenticeship programs



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1identified in this subsection (d).
2    If the Department does not administer the testing, the
3Department and the apprenticeship program shall mutually agree
4upon a third party to administer the testing. The third party
5shall provide testers upon being given 10 days' notice.
6(Source: P.A. 91-239, eff. 1-1-00.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".