093_HB2459ham001 LRB093 07496 WGH 14439 a 1 AMENDMENT TO HOUSE BILL 2459 2 AMENDMENT NO. . Amend House Bill 2459 by replacing 3 the title with the following: 4 "AN ACT in relation to apprentice programs."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 1. Short title. This Act may be cited as the 8 Apprentice/Training Equity Act. 9 Section 5. Statement of policy. It is the policy of the 10 State of Illinois to ensure full and equitable employment 11 opportunities for minorities and females in the building 12 trades on all construction contracts funded in whole with 13 State funds. Lack of employment opportunities for minorities 14 and females in the building trades impedes economic 15 development and contributes to the social ills of Illinois 16 residents. Federal and State regulations prohibit 17 discrimination because of race, color, religion, sex, or 18 national origin in employment and training programs. The 19 State is committed to ensuring that minorities and females 20 are provided apprenticeship/training and self-improvement 21 opportunities in the building trades on construction -2- LRB093 07496 WGH 14439 a 1 contracts funded in whole with State funds to assist in their 2 increased employment in the building trades. 3 Section 10. Definitions. As used in this Act: 4 "Minority" has the definition contained in Section 10 of 5 the State Employment Records Act. 6 "Apprentice program" means an apprentice program in the 7 building trades that is authorized by the Bureau of 8 Apprenticeship Training of the U.S. Department of Labor. 9 "Apprentice" means a participant in an apprentice 10 program. 11 "Training program" means a training program in the 12 building trades that is approved by the Bureau of Small 13 Business Enterprises of the Illinois Department of 14 Transportation. 15 "Trainee" means a participant in a training program. 16 "Apprentice plan" means a written description of the 17 manner in which each minority or female apprentice shall be 18 used on a project. 19 "Training plan" means a written description of the manner 20 in which each minority or female trainee shall be used on a 21 project. 22 Section 15. Plan. 23 (a) To facilitate the provision of 24 apprenticeship/training opportunities for minorities and 25 women in the building trades, the Director of the Capital 26 Development Board and the Secretary of Transportation shall 27 designate specific contracts let by the respective agencies 28 as subject to an apprentice/training plan promoting 29 employment opportunities for minorities and women. 30 (b) In selecting contracts for participation in the 31 apprentice/training plan approved under this Act and in 32 establishing the applicable goals for each selected contract, -3- LRB093 07496 WGH 14439 a 1 the Secretary of Transportation shall consider the following 2 criteria: 3 (1) The nature of a project to ensure that it has 4 the potential for providing effective training 5 opportunities within the applicable apprentice/training 6 program. 7 (2) The duration of the contract, work schedules 8 for project completion, and labor intensiveness of work 9 areas. 10 (3) The magnitude or dollar amount of the contract. 11 (4) The scope of work to be performed. 12 (5) The total normal building trade work force that 13 the average low bidder could be expected to use. 14 (6) The ratio of apprentices/trainees to journeymen 15 that it would be feasible for the average low bidder to 16 use as part of the contractor's work force during normal 17 operations, including the consideration of the relevant 18 provisions of any applicable collective bargaining 19 agreement or approved training program. 20 (c) For each designated contract subject to the 21 apprentice/training plan approved under this Act, the 22 Director of the Capital Development Board or the Secretary of 23 Transportation shall establish goals for the number of 24 minority and female apprentices/trainees in the building 25 trades to be assigned work on the contract, expressed in 26 terms of hours of assigned work. The bidder and the 27 appropriate labor organization shall commit to the employment 28 of minority and female apprentices/trainees on the contract 29 equal to or greater than each of the applicable goals. In 30 employing minority and female apprentices/trainees, the 31 successful bidder shall give preference to minority and 32 female apprentices/trainees who are already participants in 33 an apprentice/training program. The Director of the Capital 34 Development Board or the Secretary of Transportation, as -4- LRB093 07496 WGH 14439 a 1 applicable, shall require the appropriate labor organizations 2 and joint apprenticeship training committees to submit to the 3 Director of the Capital Development Board or the Secretary of 4 Transportation lists of the individuals in applicable 5 apprentice/training programs. The lists shall show the name, 6 address, sex, and race of each individual. The Director of 7 the Capital Development Board or the Secretary of 8 Transportation shall use the lists in establishing goals 9 under this subsection (c). 10 (d) If the goals established by the Director of the 11 Capital Development Board or the Secretary of Transportation 12 for a designated contract under subsection (c) are not met 13 because of the composition of the individuals assigned by a 14 labor organization for employment in apprentice/trainee 15 positions under that contract, the contractor may submit a 16 request to the Director of the Capital Development Board or 17 the Secretary of Transportation, as applicable, for a waiver 18 as to those goals. The contractor shall submit such 19 documentation as may be requested by the Director of the 20 Capital Development Board or the Secretary of Transportation, 21 as applicable, in connection with the request and the 22 reasonable good faith efforts of the contractor to hire 23 minorities and females for apprentice/trainee positions. If 24 the documentation supports the contractor's waiver request, 25 the Director of the Capital Development Board or the 26 Secretary of Transportation, as applicable, shall grant the 27 waiver. 28 (e) In the event that a contractor subcontracts a 29 portion of the contract work, he or she shall determine how 30 many, if any, of the trainees are to be trained by the 31 subcontractor, provided, however, that the contractor shall 32 retain the primary responsibility for meeting the training 33 requirements imposed by this special provision. 34 (f) Within 10 days following the approval of the -5- LRB093 07496 WGH 14439 a 1 contractor's required bond, the contractor shall submit to 2 the Director of the Capital Development Board or the 3 Secretary of Transportation, as applicable, a copy of the 4 plan for using minority and female apprentices/trainees on 5 the project, including the number of apprentices/trainees to 6 be trained in each selected classification and the 7 corresponding apprentice/training programs to be used. If a 8 subcontract is let for a portion of the work, the contractor 9 may determine the extent to which apprentices/trainees are to 10 be trained by the subcontractor, but the contractor shall 11 retain responsibility for meeting the applicable goals or 12 shall submit with its bid a request for a partial or total 13 waiver of the established goals. 14 (g) A contractor's plan for using minority and female 15 apprentices/trainees shall be approved only if it meets the 16 standards set forth with regard to: 17 (1) The primary objectives of training and 18 upgrading minority and female workers within applicable 19 apprentice/training programs. 20 (2) Whether the classifications proposed are 21 appropriate for the specific project. The character, 22 duration, and nature of the project operations shall 23 readily support the proposed apprentice/training plan. 24 (h) If the contractor's submission is not acceptable, or 25 if, in the opinion of the Director of the Capital Development 26 Board or the Secretary of Transportation, as applicable, the 27 character, duration, or nature of the project operations 28 cannot support the proposed apprentice/trainee 29 classification, the apprentice/training plan shall not be 30 approved. The contractor's submission shall be returned for 31 correction and resubmission. 32 (i) The contractor shall submit to the Director of the 33 Capital Development Board or the Secretary of Transportation, 34 as applicable, a monthly report, as specified by the Director -6- LRB093 07496 WGH 14439 a 1 or the Secretary, detailing the use of apprentices/trainees 2 during the prior month. 3 (j) When the Director of the Capital Development Board 4 or the Secretary of Transportation, as applicable, has 5 determined that the contractor has failed to comply with any 6 of the apprentice/training plan requirements, the Director or 7 the Secretary may notify the contractor of any non-compliance 8 and withhold up to 5% of the current progress or final 9 payment due the contractor until it is determined that the 10 contractor is in compliance or that, despite the contractor's 11 making all reasonable good faith efforts, it is unable to 12 meet the established goals. 13 (k) In the case of a contract with the Illinois 14 Department of Transportation, the contractor shall implement 15 specific recruitment actions to ensure equality of 16 opportunity for minorities and females in apprenticeship and 17 training programs. The recruitment shall comply with the 18 guidance specified under the Illinois Department of 19 Transportation specific equal employment opportunity 20 responsibilities of the Supplemental Specifications and 21 Recurring Special Provisions Rule. 22 If the contractor has not, in good faith, sought to train 23 minorities and females as stipulated under the Supplemental 24 Specifications and Recurring Special Provisions, the 25 contractor shall be subject to sanctions set forth in the 26 agreement. The sanctions may include lowered 27 prequalification, suspension or cancellation of the contract, 28 debarment from further contracts, and liquidated damages. 29 The contractor's compliance status shall be determined by 30 monitoring and review procedures that are administered by the 31 Illinois Department of Transportation Bureau of Small 32 Business Enterprises. 33 (l) The contractor shall include all costs of compliance 34 for the apprentice/training plan in its bid. The contractor -7- LRB093 07496 WGH 14439 a 1 will be reimbursed 80 cents per hour of training given an 2 employee in accordance with an approved apprentice/training 3 program. The contractor shall not be entitled to any 4 additional compensation from the State for additional costs, 5 delays, or expenses of any kind arising out of or resulting 6 from the implementation of this plan in the contract. 7 (m) Nothing in this Act shall be construed or enforced 8 to permit discrimination against any individual on the basis 9 of race, color, sex, or national origin with respect to 10 employment or apprenticeship/training opportunities on 11 contracts funded in whole with State funds. 12 (n) The Director of the Capital Development Board and 13 the Secretary of Transportation shall submit, at least once 14 each calendar quarter, a report to the Governor and General 15 Assembly detailing his or her implementation of the 16 apprentice/training plan established by this Act, and the 17 compliance of contractors with this Act. 18 Section 99. Effective date. This Act takes effect on 19 January 1, 2004.".