HB3437sam002 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 5/28/2021

10200HB3437sam002 LRB102 14622 CPF 27230 a

AMENDMENT TO HOUSE BILL 3437

AMENDMENT NO. ______. Amend House Bill 3437, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 4, line 21, by replacing "2023" with "2025"; and

on page 5, line 2, by replacing "$2,500" with "$3,500"; and

on page 18, line 16, after "program", by inserting ", labor organization,"; and

on page 20, by replacing line 19 with the following:

"(2) A report submitted by a labor organization that provides workers in high-hazard facilities shall contain the following information:

(A) A description of the labor organization's recruitment efforts and screening efforts and a general description of training efforts.

(B) The number of workers provided to work in high-hazard facilities in the prior calendar year, broken down by race, ethnicity, gender, jurisdiction, apprentice or journeyperson level, age, and veteran status.

(C) The demographic data of the county where the labor organization is located.

(D) A statement of the labor organization's minimum diversity goal, which shall equal the demographic makeup of its jurisdiction, and whether the demographic makeup of the workers provided by the labor organization to work at the high-hazard facility is meeting that goal.

(E) An action plan to increase or maintain diversity to meet or exceed the stated minimum diversity goal. An action plan may include, but is not limited to, taking the following actions if the diversity goal is not met:

(i) Providing information on this Act for all high schools and field offices of the Department of Employment Security in the jurisdiction.

(ii) Entering into a joint agreement with the Department of Employment Security for outreach and employment services.

(iii) Entering into a joint agreement with educational institutions or approved Illinois Works Preapprenticeship Programs established under subsection (a) of Section 20-15 of the Illinois Works Jobs Program Act in the jurisdiction to enhance recruitment efforts.

(iv) Evaluating and eliminating experience requirements that may pose barriers to recruiting or admitting diverse individuals as apprentices when feasible.

(3) A report submitted by a contractor who employs"; and

on page 22, by replacing lines 25 and 26 with the following: "program providing workers in a high-hazard facility, labor organization providing workers in a high-hazard facility, or the contractor operating at a high-hazard facility made any misrepresentation in its annual report or failed to"; and

on page 23, line 3, by replacing "paragraph (5) of subsection (a)" with "subparagraph (E) of paragraph (3) of subsection (a)"; and

on page 23, by replacing line 9 with the following: "Department for investigation, audit, and enforcement.

The Department may conduct investigations and audits in connection with the administration and enforcement of this Act. The Department shall conduct routine audits of the reports submitted under subsection (a) on a rolling basis and at least once every 3 years. The Department shall also conduct an audit upon receipt of a referral of a suspected violation from the Department of Commerce and Economic Opportunity. When conducting an audit or investigation under this Act, an officer or employee of the Department may inspect records deemed by the Department to be related to the requirements of this Act. The Director or his or her representative may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation and may administer oaths to witnesses."; and

on page 23, line 19, after the period, by inserting "For a labor organization, the jurisdiction is the Illinois county where the labor organization is located."; and

on page 27, line 19, after "2023", by inserting ", except that Article 1 and Section 15-10 take effect January 1, 2025".