Rep. Lawrence Walsh, Jr.
Filed: 5/29/2019
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1 | AMENDMENT TO SENATE BILL 2140
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2 | AMENDMENT NO. ______. Amend Senate Bill 2140, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. If and only if Senate Bill 1407 of the 101st | ||||||
6 | General Assembly becomes law in the form in which it passed the | ||||||
7 | Senate, then the Illinois Hazardous Materials Workforce | ||||||
8 | Training Act is amended by changing Section 5 and adding | ||||||
9 | Section 22 as follows: | ||||||
10 | (101st G.A., SB1407 Engrossed, Sec. 5)
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11 | Sec. 5. Definitions. As used in this Act: | ||||||
12 | "Apprenticeable occupation" means an occupation in the | ||||||
13 | building and construction trades for which training and | ||||||
14 | apprenticeship programs have been approved by and registered | ||||||
15 | with the U.S. Department of Labor, Bureau of Apprenticeship and | ||||||
16 | Training.
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1 | "Apprenticeship program" means an applicable training and | ||||||
2 | apprenticeship program approved by and registered with the U.S. | ||||||
3 | Department of Labor, Bureau of Apprenticeship and Training.
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4 | "Approved advanced safety training for workers at high | ||||||
5 | hazard facilities" means a curriculum of in-person classroom | ||||||
6 | and laboratory instruction for approved advanced safety | ||||||
7 | training established by rule by the Department. | ||||||
8 | "Building and construction trades council" means any labor | ||||||
9 | organization that represents multiple construction trades and | ||||||
10 | monitors or is attentive to compliance with public or workers' | ||||||
11 | safety laws, wage and hour requirements, or other statutory | ||||||
12 | requirements and negotiates and maintains collective | ||||||
13 | bargaining agreements. | ||||||
14 | "Community college" means a college organized under the | ||||||
15 | Public Community College Act. | ||||||
16 | "Construction" means all work at a stationary source | ||||||
17 | involving laborers, workers or mechanics. "Construction" | ||||||
18 | includes any maintenance, repair, assembly, or disassembly | ||||||
19 | work performed on equipment whether owned, leased, or rented.
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20 | "Department" means the Department of Labor. | ||||||
21 | "Director" means the Director of Labor. | ||||||
22 | "Labor agreement" means a form of pre-hire collective | ||||||
23 | bargaining agreement covering all terms and conditions of | ||||||
24 | employment. | ||||||
25 | "Labor organization" means an organization that is the | ||||||
26 | exclusive representative of an employer's employees recognized |
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1 | or certified under the National Labor Relations Act. | ||||||
2 | "Owner or operator" means an owner or operator of a | ||||||
3 | stationary source that is engaged in activities described in | ||||||
4 | Code 324110, 325110, 325193, or 325199 of the 2017 North | ||||||
5 | American Industry Classification System (NAICS), and has one or | ||||||
6 | more covered processes that are required to prepare and submit | ||||||
7 | a Risk Management Plan. "Owner or operator" does not include | ||||||
8 | oil and gas extraction operations. | ||||||
9 | "Prevailing hourly wage rate" has the same meaning as | ||||||
10 | "general prevailing rate of hourly wages" as defined in Section | ||||||
11 | 2 of the Prevailing Wage Act.
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12 | "Registered apprentice" means an apprentice registered in | ||||||
13 | an applicable apprenticeship program for an apprenticeable | ||||||
14 | occupation approved by, and registered with, the U.S. | ||||||
15 | Department of Labor, Bureau of Apprenticeship and Training.
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16 | "Shift" means a set standard period of time an employer | ||||||
17 | requires its employees to perform his or her work-related | ||||||
18 | duties on a daily basis. For purposes of this definition, there | ||||||
19 | may be multiple shifts per day. | ||||||
20 | "Skilled journeyperson" means a worker who meets all of the | ||||||
21 | following criteria:
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22 | (1) the worker either graduated from an approved | ||||||
23 | apprenticeship program for the applicable occupation, or | ||||||
24 | has at least as many hours of on-the-job experience in the | ||||||
25 | applicable occupation that would be required to graduate | ||||||
26 | from an approved apprenticeship program for the applicable |
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1 | occupation;
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2 | (2) the worker is being paid at least a rate equivalent | ||||||
3 | to the prevailing hourly wage rate for a journeyperson in | ||||||
4 | the applicable occupation and locality; and
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5 | (3) beginning on or after January 1, 2023, the worker | ||||||
6 | has completed, within the prior 2 calendar years, at least | ||||||
7 | 20 hours of approved advanced safety training for workers | ||||||
8 | at high hazard facilities. | ||||||
9 | "Skilled and trained workforce" means a workforce that | ||||||
10 | meets all of the following criteria:
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11 | (1) all the workers are either registered apprentices | ||||||
12 | or skilled journeypersons;
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13 | (2) beginning on January 1, 2020, at least 45% of the | ||||||
14 | skilled journeypersons are graduates of an apprenticeship | ||||||
15 | program for the applicable occupation;
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16 | (3) beginning on January 1, 2021, at least 60% of the | ||||||
17 | skilled journeypersons are graduates of an apprenticeship | ||||||
18 | program for the applicable occupation; and
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19 | (4) beginning on January 1, 2022, at least 80% of the | ||||||
20 | skilled journeypersons are graduates of an apprenticeship | ||||||
21 | program for the applicable occupation.
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22 | "Stationary source" means that term as it is defined under | ||||||
23 | Section 39.5 of the Environmental Protection Act.
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24 | (Source: 101st G.A., SB1407 Engrossed.) | ||||||
25 | (101st G.A., SB1407 Engrossed, Sec. 22 new) |
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1 | Sec. 22. Exemptions. This Act does not apply to any owner | ||||||
2 | or operator that has an executed national or local labor | ||||||
3 | agreement in effect pertaining to the performance of | ||||||
4 | construction work at a given facility or site under the terms | ||||||
5 | of the agreement. The labor agreement must be negotiated with | ||||||
6 | and approved by a building and construction trades council that | ||||||
7 | has geographic jurisdiction over the stationary source.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law, or on the date Senate Bill 1407 of the 101st | ||||||
10 | General Assembly takes effect, whichever is later.".
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