HB3765ham001 99TH GENERAL ASSEMBLY

Rep. Sue Scherer

Filed: 4/20/2015

09900HB3765ham001 LRB099 07593 JLK 34494 a

AMENDMENT TO HOUSE BILL 3765

AMENDMENT NO. ______. Amend House Bill 3765 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Springfield High Speed Railroad Oversight Act.

Section 5. Definitions. For purposes of this Act:

"Department" means the Department of Transportation.

"Minority owned business", "business owned by a person with a disability", and "female owned business" shall have the meanings provided in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

"High Speed Rail Project" means the Illinois High Speed Rail Program, led by the Illinois Department of Transportation and the Federal Railroad Administration, which is designed to enhance the passenger transportation network in the Chicago-St. Louis corridor.

Section 10. Diversity program; purposes. The Department, the City of Springfield, and Sangamon County shall establish and maintain a diversity program to ensure environmental justice, as well as local involvement and non-discrimination, in all contracts related to the High Speed Rail Project in the City of Springfield and Sangamon County. The program shall do each of the following:

(1) Guarantee equal employment opportunities for socially and economically disadvantaged workers, particularly in areas affected by the High Speed Rail Project.

(2) Increase participation by minorities, women, and persons with disabilities in employment opportunities. Contracts related to the High Speed Rail Project shall meet a goal of at least 25% minority hiring.

(3) Increase participation by small businesses, minority owned businesses, businesses owned by a person with a disability, and female owned businesses in contracting. Contracts related to the High Speed Rail Project shall meet the Department's existing 22.77% Disadvantaged Business Enterprise participation goal for competitively let construction projects.

(4) Provide new funds equal to 1/2 of 1% of the project budget to local job training and support programs.

(5) Engage the full and fair participation of all potentially affected communities in the transportation decision making process concerning the construction of the High Speed Rail Project.

(6) Ensure compliance with all State and federal hiring regulations, including, but not limited to, goals for hiring women and minorities, and prohibitions on discrimination.

(7) Ensure proper support and adequate resources are available for the appointed rail relocation ombudsman.

If the implementation of any of the provisions of this Section 10 would negatively affect the receipt of federal funding, then the provisions of Section 10 shall not apply.

Section 15. Springfield High Speed Railroad Oversight Commission. The Springfield High Speed Railroad Oversight Commission ("Commission") is created to monitor, review, and report on contracting and employment related to the planning, organization, and construction of the High Speed Rail Project. The Commission shall consist of 13 members who shall be appointed, within 90 days of the effective date of this Act, as follows:

(1) One member of the Senate appointed by the President of the Senate, who shall serve as a Co-Chairperson of the Commission.

(2) One member of the House of Representatives appointed by the Speaker of the House, who shall serve as a Co-Chairperson of the Commission.

(3) One member of the Senate appointed by the Minority Leader of the Senate.

(4) One member of the House appointed by the Minority Leader of the House of Representatives.

(5) One member appointed by the Speaker of the House of Representatives representing the community surrounding the Springfield High Speed Railroad project area.

(6) One member appointed by the Governor representing community organizations operating within the community surrounding the High Speed Rail Project area in Springfield.

(7) One member appointed by the President of the Senate representing a minority chamber of commerce.

(8) One member appointed by the Minority Leader of the Senate who is a minority or female and a licensed professional engineer.

(9) One member appointed by the Minority Leader of the House of Representatives representing the City of Springfield.

(10) One member appointed by the President of the Senate representing Sangamon County.

(11) One member appointed by the Speaker of the House of Representatives representing a statewide labor organization.

(12) One member appointed by the Governor representing the Illinois Department of Transportation.

(13) The independent ombudsman for the 10th Street Rail Corridor.

Section 20. Commission meetings; authority; reporting. The Commission shall meet quarterly. The Commission shall have the authority to convene City, County, and Department officials to ensure compliance with the above stated goals.

On January 1, 2016, and on the first of each quarter thereafter until the completion of the High Speed Rail Project, the Commission shall issue a written report to the Governor, President of the Senate, Speaker of the House of Representatives, Minority Leader of the Senate, Minority Leader of the House of Representatives, Mayor of Springfield, Springfield City Council, Sangamon County Board, and the Department describing in detail the Project's compliance with the requirements of Section 10 of this Act. If in any reporting period any portion of the Project is not in compliance with its respective obligations, each entity that is not in compliance shall, by the end of the first month of the reporting period, file with the Commission a written explanation setting forth the reason or reasons for noncompliance. The Commission shall then meet within one week after receiving the written explanations to discuss the stated reason or reasons for noncompliance.

Section 25. Home rule. The requirements of this Act are exclusive powers and functions of the State. This Act is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

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