SB1735sam003 97TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 5/3/2011

09700SB1735sam003 LRB097 06778 AEK 55051 a

AMENDMENT TO SENATE BILL 1735

AMENDMENT NO. ______. Amend Senate Bill 1735, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-215 as follows:

(20 ILCS 2705/2705-215) (was 20 ILCS 2705/49.27)

Sec. 2705-215. Cooperative utilization of equipment and services of governmental entities and not-for-profit organizations for the transportation needs in public service programs.

(a) The Department is directed to encourage and assist governmental entities, not-for-profit corporations, and nonprofit community service associations, between or among themselves, in the development of reasonable utilization of transportation equipment and operational service in satisfying the general and specialized public transportation needs.

The Department shall develop and encourage cooperative development, among all entities, of programs promoting efficient service and conservation of capital investment and energy and shall assist all entities in achieving their goals and in their applications for transportation grants under appropriate State or federal programs.

(b) Implementation of cooperative programs is to be developed within the meaning of the provisions of the Intergovernmental Cooperation Act. In the circumstances of nongovernmental entities, the Department shall be guided by that Act and any other State law in encouraging the cooperative programs between those entities.

(c) The Department shall report to the members of the General Assembly, by March 1 of each year, its successes, failures and progress in achieving the intent of this Section. The report shall also include identification of problems as well as the Department's recommendations.

(d) The General Assembly finds as follows:

(i) Federal regulation 23 CFR 637 requires contractors, consultants, local agencies, and Department personnel performing materials acceptance sampling and testing on Federal-aid projects on the National Highway System be qualified.

(ii) The Illinois Department of Transportation offers Quality Control/Quality Assurance courses and specific task training programs in order to meet the educational requirements for qualified personnel.

(iii) All personnel who successfully complete the required Quality Control/Quality Assurance courses or the specific task training programs and have been entered into departmental databases are considered qualified.

(iv) The laws of this State do not require that all Quality Control/Quality Assurance courses be completed at Illinois Department of Transportation facilities. Proper training, however, is an integral component to the success of the Quality Control/Quality Assurance program.

(v) Due to inherent differences in administering local projects, and due to the administrative burdens that are imposed when enforcing quality standards, a proper system of training is necessary to ensure laboratories remain qualified to adequately teach and train contractors, consultants, local agencies, and Department personnel at these facilities.

(vi) Only a minimal number of facilities meet these standards and are able to competently teach and train qualified sampling and testing personnel.

In order to ensure that only competent training is available, it is the intent of the General Assembly to limit the certification of apprenticeship programs to those that meet minimal standards and that are able to competently teach and train. It is also the intent of the General Assembly to require that all training managers satisfy Quality Control/Quality Assurance standards, and that all training facilities and apprenticeship programs in this State conform to the safety standards imposed by the laws and regulations of this State and the laws and regulations of the federal government.

The Department shall certify an apprenticeship program as able to teach and train its own members for any quality assurance and quality control certifications issued by the Department if the apprenticeship program meets the following requirements:

(1) the program is a United States Department of Labor apprenticeship program conducted by a joint labor management board that is regulated under the Labor Management Relations Act, 29 U.S.C. 141 et seq.; and

(2) the program is conducted at a training facility that was established prior to January 1, 2008.

The Department shall certify the curricula for the quality assurance quality control program and shall make available all course curricula, teaching aids, syllabi, and other materials necessary for instruction of courses described by this subsection (d).

The Department may administer any testing or certify a third party to administer and certify any testing, provided that the entity is independent of and not an affiliate of the United States Department of Labor apprenticeship programs identified in this subsection (d).

If the Department does not administer the testing, the Department and the apprenticeship program shall mutually agree upon a third party to administer the testing. The third party shall provide testers upon being given 10 days' notice.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 99. Effective date. This Act takes effect upon becoming law.".