State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB0644eng

 
HB0644 Engrossed                               LRB9206584WHtm

 1        AN ACT in relation to apprentice programs.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Apprentice Equity Act.

 6        Section  5.  Statement of policy. It is the policy of the
 7    State of Illinois to ensure  full  and  equitable  employment
 8    opportunities  for  minorities  and  females  in the building
 9    trades  on  all  State  construction  contracts.    Lack   of
10    employment  opportunities  for  minorities and females in the
11    building trades impedes economic development and  contributes
12    to  the social ills of Illinois residents.  Federal and State
13    regulations prohibit discrimination because of  race,  color,
14    religion,  sex, or national origin in employment and training
15    programs. The State is committed to ensuring that  minorities
16    and  females are provided apprenticeship and self-improvement
17    opportunities in the building trades  on  State  construction
18    contracts  to  assist  in  their  increased employment in the
19    building trades.

20        Section 10.  Definitions.  As used in this Act:
21        "Minority" has the definition contained in Section 10  of
22    the State Employment Records Act.
23        "Apprentice  program"  means an apprentice program in the
24    building  trades  that  is  authorized  by  the   Bureau   of
25    Apprenticeship Training of the U.S. Department of Labor.
26        "Apprentice"   means   a  participant  in  an  apprentice
27    program.
28        "Apprentice plan" means  a  written  description  of  the
29    manner  in  which each minority or female apprentice shall be
30    used on a project.
 
HB0644 Engrossed            -2-                LRB9206584WHtm
 1        Section 15.  Plan.
 2        (a)  To  facilitate  the  provision   of   apprenticeship
 3    opportunities  for  minorities  and  women  in  the  building
 4    trades, the Director of the Capital Development Board and the
 5    Secretary   of   Transportation   shall   designate  specific
 6    contracts let by the respective agencies  as  subject  to  an
 7    apprentice   plan   promoting  employment  opportunities  for
 8    minorities and women.  Only  contracts  to  be  performed  in
 9    counties  with  a  population  of  more  than  115,000 may be
10    designated under the Act.
11        (b)  In selecting  contracts  for  participation  in  the
12    apprentice  plan  approved under this Act and in establishing
13    the applicable goals for each selected contract, the Director
14    of  the  Capital  Development  Board  and  the  Secretary  of
15    Transportation shall consider the following criteria:
16             (1)  The nature of a project to ensure that  it  has
17        the    potential   for   providing   effective   training
18        opportunities within the applicable apprentice program.
19             (2)  The duration of the  contract,  work  schedules
20        for  project  completion, and labor intensiveness of work
21        areas.
22             (3)  The magnitude or dollar amount of the contract.
23             (4)  The scope of work to be performed.
24             (5)  The total normal building trade work force that
25        the average low bidder could be expected to use.
26             (6)  The ratio of apprentices to journeymen that  it
27        would  be  feasible  for the average low bidder to use as
28        part  of  the  contractor's  work  force  during   normal
29        operations,  including  the consideration of the relevant
30        provisions  of  any  applicable   collective   bargaining
31        agreement.
32        (c)  For   each   designated   contract  subject  to  the
33    apprentice plan approved under this Act, the Director of  the
34    Capital  Development Board or the Secretary of Transportation
 
HB0644 Engrossed            -3-                LRB9206584WHtm
 1    shall establish goals for the number of minority  and  female
 2    apprentices in the building trades to be assigned work on the
 3    contract, expressed in terms of hours of assigned work, 1,000
 4    hours being equivalent to approximately 6 months of full-time
 5    employment.   The  bidder  shall  commit to the employment of
 6    minority and female apprentices on the contract equal  to  or
 7    greater  than  each  of  the  applicable  goals. In employing
 8    minority  and  female  apprentices,  the  bidder  shall  give
 9    preference to minority and female apprentices who are already
10    participants in an apprentice program.
11        (d)  If the  bidder  finds  it  impossible  to  meet  the
12    established goals after consulting with the appropriate labor
13    organization  or joint apprenticeship training committee, the
14    bidder may seek a waiver from the  Director  of  the  Capital
15    Development   Board    or  the  Secretary  of  Transportation
16    accompanied  by  such  documentation  as  requested  by   the
17    Director of the Capital Development Board or the Secretary of
18    Transportation,  as  applicable,  that  sufficient  qualified
19    minorities  and females to meet the goals were unavailable in
20    the county in which the work is to be performed, despite  the
21    bidder's  making  all reasonable good faith efforts in hiring
22    minorities and females for  the  apprentice  positions.   The
23    Director of the Capital Development Board or the Secretary of
24    Transportation,  as  applicable, may grant the waiver request
25    upon the determination that sufficient  qualified  minorities
26    and   females   are  not  available  for  employment  in  the
27    applicable apprentice plans to  meet  the  established  goals
28    despite  the  good  faith  efforts  of  the bidder to recruit
29    minorities  and  females  or   that   applicable   collective
30    bargaining agreement provisions would prohibit the employment
31    of  apprentices  on the project to the extent required by the
32    established goals.
33        (e)  Whenever  a  bidder's  contractor   subcontracts   a
34    portion  of  the  work  involving any construction trade, the
 
HB0644 Engrossed            -4-                LRB9206584WHtm
 1    subcontractor shall be subject, with subcontracts  in  excess
 2    of  $10,000,  to the same goals for hiring minority and women
 3    apprentices applicable to the contractor, unless the Director
 4    of  the  Capital  Development  Board  or  the  Secretary   of
 5    Transportation,  as  applicable,  grants  the subcontractor a
 6    partial or total waiver of the established goals.
 7        (f)  Within  10  days  following  the  approval  of   the
 8    contractor's  required  bond,  the contractor shall submit to
 9    the  Director  of  the  Capital  Development  Board  or   the
10    Secretary  of  Transportation,  as  applicable, a copy of the
11    plan  for  using  minority  and  female  apprentices  on  the
12    project, including the number of apprentices to be trained in
13    each selected classification and the corresponding apprentice
14    programs to be used.  If a subcontract is let for  a  portion
15    of the work, the contractor may determine the extent to which
16    apprentices  are  to be trained by the subcontractor, but the
17    contractor  shall  retain  responsibility  for  meeting   the
18    applicable goals or shall submit with its bid a request for a
19    partial or total waiver of the established goals.
20        (g)  A  contractor's  plan  for using minority and female
21    apprentices shall be approved only if it meets the  standards
22    set forth with regard to:
23             (1)  The   primary   objectives   of   training  and
24        upgrading minority and female workers  within  applicable
25        apprentice programs.
26             (2)  Whether   the   classifications   proposed  are
27        appropriate for the  specific  project.   The  character,
28        duration,  and  nature  of  the  project operations shall
29        readily support the proposed apprentice plan.
30        (h)  If the contractor's submission is not acceptable, or
31    if, in the opinion of the Director of the Capital Development
32    Board or the Secretary of Transportation, as applicable,  the
33    character,  duration,  or  nature  of  the project operations
34    cannot support the proposed  apprentice  classification,  the
 
HB0644 Engrossed            -5-                LRB9206584WHtm
 1    apprentice  plan  shall  not  be  approved.  The contractor's
 2    submission shall be returned for correction and resubmission.
 3        (i)  The contractor shall submit to the Director  of  the
 4    Capital Development Board or the Secretary of Transportation,
 5    as applicable, a monthly report, as specified by the Director
 6    or  Secretary,  detailing  the  use of apprentices during the
 7    prior month.
 8        (j)  When the Director of the Capital  Development  Board
 9    or  the  Secretary  of  Transportation,  as  applicable,  has
10    determined  that the contractor has failed to comply with any
11    of  the  apprentice  plan  requirements,  the   Director   or
12    Secretary may notify the contractor of any non-compliance and
13    withhold  up  to 50% of the current progress or final payment
14    due the contractor until it is determined that the contractor
15    is in compliance or that, despite the contractor's making all
16    reasonable good faith efforts,  it  is  unable  to  meet  the
17    established goals.
18        (k)  The contractor shall include all costs of compliance
19    for  the apprentice plan in its bid. The contractor shall not
20    be entitled to any additional compensation from the State for
21    additional costs, delays, or expenses of any kind arising out
22    of or resulting from the implementation of this plan  in  the
23    contract.
24        (l)  Nothing  in  this Act shall be construed or enforced
25    to permit discrimination against any individual on the  basis
26    of  race,  color,  sex,  or  national  origin with respect to
27    employment   or   apprenticeship   opportunities   on   State
28    contracts.
29        (m)  The Director of the Capital  Development  Board  and
30    the  Secretary  of Transportation shall submit, at least once
31    each calendar quarter, a report to the Governor  and  General
32    Assembly  detailing  their  implementation  of the apprentice
33    plan  established  by  this  Act,  and  the   compliance   of
34    contractors with this Act.
 
HB0644 Engrossed            -6-                LRB9206584WHtm
 1        Section  99.   Effective  date.  This Act takes effect on
 2    January 1, 2002.

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