SB2140ham003 101ST GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 1/29/2020

10100SB2140ham003 LRB101 09757 CPF 67926 a

AMENDMENT TO SENATE BILL 2140

AMENDMENT NO. ______. Amend Senate Bill 2140, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 1407 of the 101st General Assembly becomes law in the form in which it passed the Senate, then the Illinois Hazardous Materials Workforce Training Act is amended by changing Section 5 and adding Section 22 as follows:

(101st G.A., SB1407 Engrossed, Sec. 5)

Sec. 5. Definitions. As used in this Act:

"Apprenticeable occupation" means an occupation in the building and construction trades for which training and apprenticeship programs have been approved by and registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training.

"Apprenticeship program" means an applicable training and apprenticeship program approved by and registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training.

"Approved advanced safety training for workers at high hazard facilities" means a curriculum of in-person classroom and laboratory instruction for approved advanced safety training established by rule by the Department.

"Building and construction trades council" means any labor organization that represents multiple construction trades and monitors or is attentive to compliance with public or workers' safety laws, wage and hour requirements, or other statutory requirements and negotiates and maintains collective bargaining agreements.

"Community college" means a college organized under the Public Community College Act.

"Construction" means all work at a stationary source involving laborers, workers or mechanics. "Construction" includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

"Department" means the Department of Labor.

"Director" means the Director of Labor.

"Labor agreement" means a form of pre-hire collective bargaining agreement covering all terms and conditions of employment.

"Labor organization" means an organization that is the exclusive representative of an employer's employees recognized or certified under the National Labor Relations Act.

"Owner or operator" means an owner or operator of a stationary source that is engaged in activities described in Code 324110, 325110, 325193, or 325199 of the 2017 North American Industry Classification System (NAICS), and has one or more covered processes that are required to prepare and submit a Risk Management Plan. "Owner or operator" does not include oil and gas extraction operations.

"Prevailing hourly wage rate" has the same meaning as "general prevailing rate of hourly wages" as defined in Section 2 of the Prevailing Wage Act.

"Registered apprentice" means an apprentice registered in an applicable apprenticeship program for an apprenticeable occupation approved by, and registered with, the U.S. Department of Labor, Bureau of Apprenticeship and Training.

"Shift" means a set standard period of time an employer requires its employees to perform his or her work-related duties on a daily basis. For purposes of this definition, there may be multiple shifts per day.

"Skilled journeyperson" means a worker who meets all of the following criteria:

(1) the worker either graduated from an approved apprenticeship program for the applicable occupation, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an approved apprenticeship program for the applicable occupation;

(2) the worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and locality; and

(3) beginning on or after January 1, 2023, the worker has completed, within the prior 2 calendar years, at least 20 hours of approved advanced safety training for workers at high hazard facilities.

"Skilled and trained workforce" means a workforce that meets all of the following criteria:

(1) all the workers are either registered apprentices or skilled journeypersons;

(2) beginning on July January 1, 2020, at least 45% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation;

(3) beginning on July January 1, 2021, at least 60% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation; and

(4) beginning on July January 1, 2022, at least 80% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

"Stationary source" means that term as it is defined under Section 39.5 of the Environmental Protection Act.

(Source: 101st G.A., SB1407 Engrossed.)

(101st G.A., SB1407 Engrossed, Sec. 18 new)

Sec. 18. Enforcement. Any interested party may file a complaint with the Department of Labor against an owner, operator, or construction contractor covered under this Act if there is reasonable belief that the owner, operator, or construction contractor is in violation of this Act. Upon receiving the complaint, the Department of Labor shall request a copy of any contract at issue that was entered into between the owner, operator, or construction contractor to ensure that training requirements under this Act were included in the contract's terms. The Department of Labor shall request from the construction contractor a copy of the construction contractor's payroll, broken down by any registered apprentice and skilled journeyperson on the job site. If the Department of Labor finds that an owner, operator, or construction contractor has not complied with this Act, the Department shall refer the matter to the Attorney General for enforcement.

(101st G.A., SB1407 Engrossed, Sec. 22 new)

Sec. 22. Exemptions. This Act does not apply to any owner or operator that has an executed national or local labor agreement in effect pertaining to the performance of construction work at a given facility or site under the terms of the agreement. The labor agreement must be negotiated with and approved by a building and construction trades council that has geographic jurisdiction over the stationary source.

Section 99. Effective date. This Act takes effect upon becoming law, or on the date Senate Bill 1407 of the 101st General Assembly takes effect, whichever is later.".