103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2839

 

Introduced 2/16/2023, by Rep. Lawrence "Larry" Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Investing in Illinois Works Tax Credit Act. Authorizes owners and operators of facilities that are used for petrochemical refining and chemical manufacturing and that emit or may emit certain regulated air pollutants to claim an income tax credit for each individual from an underrepresented population who is employed by the owner or operator and has successfully completed a preapprenticeship program through the Illinois Works Preapprenticeship Program and who either is a registered apprentice under the Illinois Hazardous Materials Workforce Training Act or has successfully completed a registered apprenticeship program. Caps the amount of the credit at $2,500 per qualified employee per year. Contains provisions concerning the process of applying for the credit, the award of the credit, and penalties for false or fraudulent claims. Requires the Department of Commerce and Economic Opportunity to adopt rules necessary to implement and administer the Act. Creates the Access to Apprenticeship Act. Provides that no application for a preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance to the preapprenticeship or apprenticeship program. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the owners and operators of the facilities described above, when contracting for performance of construction work at those facilities, shall require their contractors and subcontractors to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and to include that requirement in all contracts executed between the owner or operator and a contractor or subcontractor. Contains various other provisions, including provisions concerning exemptions, penalties, and enforcement of the Act's requirements. Requires the Department of Labor to adopt rules necessary to implement and administer the Act. Amends the Illinois Administrative Procedure Act. Grants the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Revenue emergency rulemaking powers. Amends the Illinois Income Tax Act to make conforming changes. Effective January 1, 2024.


LRB103 30628 JDS 57080 b

 

 

A BILL FOR

 

HB2839LRB103 30628 JDS 57080 b

1    AN ACT concerning apprenticeships.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. INVESTING IN ILLINOIS WORKS TAX CREDIT ACT

 
5    Section 1-1. Short title. This Article may be cited as the
6Investing in Illinois Works Tax Credit Act. References in this
7Article to "this Act" mean this Article.
 
8    Section 1-3. Legislative findings. The General Assembly
9finds that:
10    Economic research indicates that registered apprenticeship
11programs have positive economic impacts, and countries with
12more widespread usage of apprenticeship programs have proven
13to be more successful at transitioning young workers into
14stable jobs, resulting in lower youth unemployment rates.
15    The demographics of registered apprenticeship programs in
16our State do not mirror the demographic diversity of
17Illinoisans. According to data from the U.S. Department of
18Labor's Office of Apprenticeship, from 2000 through 2016, only
198.8% of all construction apprentices were African American and
2017.6% were Hispanic or Latino/Latina, while 69.6% were white.
21    In order to work toward a level playing field for all who
22seek the training and economic stability apprenticeships

 

 

HB2839- 2 -LRB103 30628 JDS 57080 b

1provide, Illinois created the Illinois Works Preapprenticeship
2Program, which funds preapprenticeship skills training through
3community-based organizations serving populations that have,
4historically, been met with barriers to entry or advancement
5in the workforce.
6    By targeting historically underutilized communities whose
7members seek access to the upward mobility and career
8advancement apprenticeships bring, the Illinois Works
9Preapprenticeship Program is one part of many State
10initiatives to increase diversity in apprenticeship programs
11and careers in the construction and building trades.
12    The Investing in Illinois Works Tax Credit expands the
13goals of the Illinois Works Preapprenticeship Program to
14private construction projects and highly skilled training
15programs by incentivizing contractors to include as part of
16their skilled and trained workforces on projects at
17high-hazard facilities graduates of preapprenticeship programs
18funded by the Illinois Works Preapprenticeship Program who are
19also participants in or graduates of registered apprenticeship
20programs.
 
21    Section 1-5. Definitions. As used in this Act:
22    "Department" means the Department of Commerce and Economic
23Opportunity.
24    "Illinois Works Preapprenticeship Program" means a network
25of community-based, nonprofit organizations throughout

 

 

HB2839- 3 -LRB103 30628 JDS 57080 b

1Illinois that receive grant funding from the Department to
2recruit, prescreen, and provide preapprenticeship skill
3training to create a qualified, diverse pipeline of workers
4who are prepared for careers in the construction and building
5trades as prescribed in Section 20-15 of the Illinois Works
6Jobs Program Act.
7    "Owner or operator" has the meaning provided in Section 5
8of the Illinois Hazardous Materials Workforce Training Act.
9    "Qualifying employee" means a qualifying graduate who was
10continuously employed by the owner or operator or a contractor
11engaged by the owner or operator in Illinois during all 4
12reporting periods occurring in the calendar year directly
13preceding the calendar year in which the credit is claimed.
14    "Qualifying graduate" means an individual from an
15underrepresented population who has successfully completed a
16preapprenticeship program through the Illinois Works
17Preapprenticeship Program in compliance with the requirements
18of Section 20-15 of the Illinois Works Jobs Programs Act and
19who either is a registered apprentice as defined under Section
2010-5 of the Illinois Hazardous Materials Workforce Training
21Act or has successfully completed a registered apprenticeship
22program as defined under Section 10-5 of the Illinois
23Hazardous Materials Workforce Training Act.
24    "Registered apprenticeship program" has the same meaning
25as provided in Section 10-5 of the Illinois Hazardous
26Materials Workforce Training Act.

 

 

HB2839- 4 -LRB103 30628 JDS 57080 b

1    "Reporting period" means the quarter for which a return is
2required to be filed under subsection (b) of Section 704A of
3the Illinois Income Tax Act.
4    "Skilled and trained workforce" has the meaning provided
5in Section 10-5 of the Illinois Hazardous Materials Workforce
6Training Act.
7    "Tax credit certificate" means the certificate awarded by
8the Department under Section 1-20 of this Act.
9    "Underrepresented population" has the meaning provided in
10Section 20-10 of the Illinois Works Job Program Act.
 
11    Section 1-10. Credit amount. For taxable years beginning
12on or after January 1, 2024, subject to the limitations
13provided in this Act, an owner or operator may claim, as a
14credit against the tax imposed under subsections (a) and (b)
15of Section 201 of the Illinois Income Tax Act, an amount equal
16to the amount of Illinois income tax withheld from the
17compensation paid to each qualifying employee and paid to the
18Department of Revenue, not to exceed $2,500 per calendar year
19for each qualifying employee, as certified by the Department
20on a tax credit certificate awarded under this Act.
 
21    Section 1-15. Application process.
22    (a) An owner or operator may apply to the Department for a
23certificate to receive a credit under Section 1-10.
24    (b) The Department shall establish an application process

 

 

HB2839- 5 -LRB103 30628 JDS 57080 b

1to certify an owner or operator for the credit under Section
21-10 as necessary for implementation of this Act. As part of
3the application process, the Department shall require the
4owner or operator to provide:
5        (1) the name, year, and name of the organization that
6    sponsored or administered the program through which each
7    qualifying employee completed his or her Illinois Works
8    Preapprenticeship Program and apprenticeship program;
9        (2) the receipt provided to the worker by the
10    Department of Labor stating that the qualifying employee
11    has provided a certificate to the Department of Labor
12    certifying that the employee has completed the minimum
13    approved safety training required by the Illinois
14    Hazardous Materials Workforce Training Act and when the
15    employee's certification in that training expires;
16        (3) the hours worked by the qualifying employee that
17    are to be applied toward the employee's apprenticeship
18    requirements at the time of the application;
19        (4) a signed affidavit from the owner or operator
20    attesting that (i) the qualifying employee was employed by
21    the owner or operator or a contractor engaged by the owner
22    or operator during all 4 reporting periods occurring
23    during the calendar year preceding the calendar year in
24    which the credit will be applied; (ii) the qualifying
25    employee performed work in his or her prevailing wage
26    classification for the duration of his or her employment

 

 

HB2839- 6 -LRB103 30628 JDS 57080 b

1    in the calendar year preceding the calendar year in which
2    the credit will be applied; (iii) the documents provided
3    in the application are true; and (iv) the owner or
4    operator will comply with all applicable laws; and
5        (5) any other material required by the Department.
 
6    Section 1-20. Credit awards.
7    (a) Upon satisfactory review, the Department shall issue a
8tax credit certificate stating the amount of the tax credit to
9which an owner or operator is entitled under this Act. Each
10certificate shall include a unique identifying number. The
11credit shall be claimed on the return for the taxable year
12during which the certificate is issued by the Department. The
13credit shall be equal to the amount shown on the certificate
14but may not reduce the taxpayer's obligation for any payment
15due under subsections (a) and (b) of Section 201 of the
16Illinois Income Tax Act to less than zero. For partners and
17shareholders of Subchapter S corporations, there shall be
18allowed a credit under this subsection to be determined in
19accordance with the determination of income and distributive
20share of income under Sections 702 and 704 and Subchapter S of
21the Internal Revenue Code. If the amount of the credit exceeds
22the total payments due as described below, the excess may be
23carried forward and applied against the taxpayer's liability
24under subsections (a) and (b) of Section 201 of the Illinois
25Income Tax Act in the 5 succeeding taxable years. The credit

 

 

HB2839- 7 -LRB103 30628 JDS 57080 b

1shall be applied to the earliest taxable year for which there
2is a tax liability. If there are credits from more than one
3taxable year that are available to offset a liability, the
4earlier credit shall be applied first. No credit awarded under
5this Act shall be sold or otherwise transferred.
6    (b) The Department shall award not more than an aggregate
7amount of $20,000,000 in total annual tax credits under this
8Act. If applications for a greater amount are received,
9credits shall be allocated on a first-come, first-served basis
10based on the date upon which each properly completed
11application for certification is received by the Department.
12If more than one properly completed application for
13certification is received on the same day, the credits shall
14be awarded based on the time of submission for that particular
15day.
 
16    Section 1-25. Penalties; recapture.
17    (a) False or fraudulent claims for credits under this Act
18may be subject to penalties as provided under Sections 3-5 or
193-6 of the Uniform Penalty and Interest Act, as applicable.
20    (b) If the Department determines that an owner or operator
21who has received a credit under this Act does not comply with
22the requirements of this Act or that a certification the owner
23or operator made in his or her application is false, the
24Department may initiate recapture procedures against the owner
25or operator and, after notice and an opportunity for hearing,

 

 

HB2839- 8 -LRB103 30628 JDS 57080 b

1recapture the entire credit amount awarded under any tax
2credit certificate issued under this Act. The Department shall
3notify the Department of Revenue of any credits recaptured
4under this subsection.
5    (c) If a previously awarded credit is required to be
6recaptured under subsection (b), the tax due under subsections
7(a) and (b) of Section 201 of the Illinois Income Tax Act shall
8be increased by the amount of the recaptured credit in the
9taxable year during which recapture is required.
 
10    Section 1-30. Rulemaking. The Department shall adopt rules
11for the implementation and administration of this Act.
 
12
ARTICLE 5. ACCESS TO APPRENTICESHIP ACT

 
13    Section 5-1. Short title. This Article may be cited as the
14Access to Apprenticeship Act. References in this Article to
15"this Act" mean this Article.
 
16    Section 5-5. Restrictions on application requirements.
17Notwithstanding any law to the contrary, in order to ensure
18fair and equal access to apprenticeship programs, no
19application for a preapprenticeship or apprenticeship program,
20whether run by the State, a community-based organization, a
21community college, a public university, a private employer, a
22union, or joint labor-management program, may require a

 

 

HB2839- 9 -LRB103 30628 JDS 57080 b

1recommendation from a union member or any other person as a
2condition of acceptance to the preapprenticeship or
3apprenticeship program. An intent to hire letter from a
4signatory contractor shall not be considered a recommendation
5for purposes of this Act.
 
6    Section 5-97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
 
8
ARTICLE 10. ILLINOIS HAZARDOUS MATERIALS WORKFORCE TRAINING
9
ACT

 
10    Section 10-1. Short title. This Article may be cited as
11the Illinois Hazardous Materials Workforce Training Act.
12References in this Article to "this Act" mean this Article.
 
13    Section 10-3. Legislative findings. The General Assembly
14recognizes its duty to protect the health and safety of the
15public. The General Assembly finds that this Act is consistent
16with that duty. Facilities such as refineries and chemical
17plants are inherently dangerous and present substantial risks
18to workers and communities. According to U.S. Bureau of Labor
19Statistics data from 2003 through 2018, 418 deaths have
20occurred in the refining and chemical industries (51 and 366
21respectively) nationwide. Research supports the finding that
22registered construction apprenticeship programs are correlated

 

 

HB2839- 10 -LRB103 30628 JDS 57080 b

1with higher workplace safety due to the quality of safety
2practices, the skills training provided, and adherence to
3required federal standards. Moreover, the State of Illinois
4has recognized that registered apprenticeship programs provide
5substantial economic value to the State and serve as an
6important pathway for workers to enter the industry. The
7absence of area wage standards, especially in hazardous
8industries, such as refining and chemical production,
9incentivizes the use of less-skilled, low-wage workers and
10increases the risk of danger to the public. The General
11Assembly recognizes and affirms that maintaining area wage
12standards prioritizes the use of better trained and
13higher-skilled workers while contributing to the State's
14economic growth.
 
15    Section 10-5. Definitions. As used in this Act:
16    "Apprenticeable occupation" means an occupation in the
17building and construction trades for which training and
18apprenticeship programs have been approved by and registered
19with the United States Department of Labor's Employment and
20Training Administration.
21    "Building and construction trades council" means any labor
22organization that represents multiple construction trades and
23monitors or is attentive to compliance with public or workers'
24safety laws, wage and hour requirements, or other statutory
25requirements and negotiates and maintains collective

 

 

HB2839- 11 -LRB103 30628 JDS 57080 b

1bargaining agreements.
2    "Construction" means all work at a stationary source
3involving laborers, workers, or mechanics, including any
4maintenance, repair, assembly, or disassembly work performed
5on equipment whether owned, leased, or rented.
6    "Department" means the Department of Labor.
7    "Director" means the Director of Labor.
8    "Labor agreement" means a form of prehire collective
9bargaining agreement covering all terms and conditions of
10employment.
11    "Labor organization" means an organization that is the
12exclusive representative of an employer's employees recognized
13or certified under the federal National Labor Relations Act of
141935.
15    "Minimum approved safety training for workers at
16high-hazard facilities" means a minimum 30-hour OSHA Outreach
17Training Program for the Construction Industry class that
18consists of a curriculum of OSHA-designated training topics
19with training performed by an authorized OSHA Outreach
20Training Program Trainer and that is intended to provide
21workers with information about their rights, employer
22responsibilities, safety and health hazards a worker may
23encounter on a work site, as well as information about how to
24identify, abate, avoid, and prevent job-related hazards by
25emphasizing hazard identification, avoidance, control, and
26prevention.

 

 

HB2839- 12 -LRB103 30628 JDS 57080 b

1    "OSHA" means the United States Department of Labor's
2Occupational Safety and Health Administration.
3    "Owner or operator" means an owner or operator of a
4stationary source that is engaged in activities described in
5Code 324110, 325110, 325193, or 325199 of the 2022 North
6American Industry Classification System (NAICS) and that has
7one or more covered processes for which a Risk Management Plan
8is required to be prepared and submitted. "Owner or operator"
9does not include oil and gas extraction operations.
10    "Prevailing hourly wage rate" means hourly wages plus
11fringe benefits that are collectively equal to or greater than
12the prevailing wage rate for the occupation in the locality in
13which the work is being performed, as published by the
14Illinois Department of Labor. Apprentice wage rate scales
15filed with the United States Department of Labor by an
16apprenticeship program may be used to identify a prevailing
17wage rate for an occupation.
18    "Registered apprentice" means an apprentice who is
19registered in an applicable apprenticeship program for an
20apprenticeable occupation approved by and registered with the
21United States Department of Labor's Employment and Training
22Administration and who is being paid at least a rate
23equivalent to the prevailing hourly wage rate for an
24apprentice of his or her experience level, as permitted by
25this Act, in the applicable occupation and locality.
26    "Registered apprenticeship program" means a training and

 

 

HB2839- 13 -LRB103 30628 JDS 57080 b

1apprenticeship program that is approved by and registered with
2the United States Department of Labor's Employment and
3Training Administration.
4    "Shift" means a set standard period of time during which
5an employer requires its employees to perform, on as daily
6basis, their work-related duties. For purposes of this
7definition, there may be multiple shifts per day.
8    "Skilled journeyperson" means a worker who meets all of
9the following criteria:
10        (1) the worker either graduated from a registered
11    apprenticeship program for the applicable occupation or
12    has at least as many hours of on-the-job experience in the
13    applicable occupation as would be required to graduate
14    from a registered apprenticeship program for the
15    applicable occupation;
16        (2) the worker is being paid at least a rate
17    equivalent to the prevailing hourly wage rate for a
18    journeyperson in the applicable occupation and locality;
19    and
20        (3) beginning on or after July 1, 2025, the worker has
21    completed, within the prior 3 calendar years, minimum
22    approved safety training for workers at high-hazard
23    facilities and has filed a certificate of completion with
24    the Department.
25    "Skilled and trained workforce" means a workforce that
26meets all of the following criteria:

 

 

HB2839- 14 -LRB103 30628 JDS 57080 b

1        (1) all the workers are either registered apprentices
2    or skilled journeypersons;
3        (2) beginning on July 1, 2024, at least 45% of the
4    skilled journeypersons are graduates of an apprenticeship
5    program for the applicable occupation;
6        (3) beginning on July 1, 2025, at least 60% of the
7    skilled journeypersons are graduates of an apprenticeship
8    program for the applicable occupation; and
9        (4) beginning on July 1, 2026, at least 80% of the
10    skilled journeypersons are graduates of an apprenticeship
11    program for the applicable occupation.
12    "Stationary source" has the meaning provided in Section
1339.5 of the Environmental Protection Act.
 
14    Section 10-10. Minimum approved safety training.
15    (a) A person who has completed minimum approved safety
16training for workers at high-hazard facilities shall file his
17or her certificate of completion with the Department in the
18manner prescribed by the Department.
19    (b) The owner or operator, when contracting for the
20performance of construction work at the stationary source,
21shall require that its contractors and any subcontractors use
22a skilled and trained workforce to perform all onsite work
23within an apprenticeable occupation in the building and
24construction trades and shall include this requirement in any
25and all contracts executed between an owner or operator and a

 

 

HB2839- 15 -LRB103 30628 JDS 57080 b

1contractor or subcontractor.
2    (c) The requirements of this Section apply to contracts
3entered into, amended, or renewed on or after July 1, 2024.
4    (d) The requirements of this Section apply only to the
5skilled and trained workforce that is contracted with by an
6owner or operator to perform construction work at the
7stationary source site.
8    (e) The skilled and trained workforce requirements of this
9Section do not apply to:
10        (1) Contractors that have requested qualified workers
11    from the local hiring halls that dispatch workers in the
12    apprenticeable occupation and that, due to workforce
13    shortages, are unable to obtain sufficient qualified
14    workers within 48 hours of the request, not including
15    Saturdays, Sundays, and holidays. This Act shall not
16    prevent contractors from obtaining workers from any
17    source.
18        (2) An emergency where compliance is impracticable;
19    namely, an emergency requiring immediate action to prevent
20    imminent harm to public health or safety or to the
21    environment. Within 3 days of an emergency resulting in a
22    failure to comply with this Act, the owner or operator
23    must notify the Department that such an event occurred and
24    provide documentation supporting its claim that compliance
25    was impracticable. Within 14 days of receiving such
26    documentation, the Department must issue a finding of

 

 

HB2839- 16 -LRB103 30628 JDS 57080 b

1    whether or not the emergency warranted noncompliance with
2    this Act. An owner's or operator's failures to notify the
3    Department of an emergency as required shall constitute a
4    violation of this Act.
 
5    Section 10-12. Violations of Section 10-10. Any
6interested party may file a complaint with the Department
7against an owner, operator, or construction contractor covered
8under this Act if there is reasonable belief that the owner,
9operator, or construction contractor is in violation of
10Section 10-10 of this Act.
 
11    Section 10-15. Enforcement. The Director of Labor or his
12or her authorized representative may interview workers,
13administer oaths, take or cause to be taken the depositions of
14witnesses, and require by subpoena the attendance and
15testimony of witnesses and the production of all books,
16records, and other evidence relative to the matter under
17investigation or hearing, including any contract entered into
18between the owner or operator and construction contractor, and
19a transcript of the contractor's payroll, broken down by
20classification and skill level. Such subpoena shall be signed
21and issued by the Director or his or her authorized
22representative.
23    Upon request by the Director of Labor or his or her deputy
24or agent, records shall be copied and submitted for evidence

 

 

HB2839- 17 -LRB103 30628 JDS 57080 b

1at no cost to the Department. Upon request by the Director or
2his or her authorized representative, every employer shall
3furnish a sworn statement of the accuracy of the records. Any
4employer who refuses to furnish a sworn statement of the
5records is in violation of this Act.
6    If any person fails to comply with any subpoena lawfully
7issued under this Section or if any witness refuses to produce
8evidence or to testify to any matter regarding which the
9witness may be lawfully interrogated, the circuit court, upon
10application of the Director of Labor or his or her authorized
11representative, shall compel obedience by proceedings for
12contempt, as in the case of disobedience of the requirements
13of a subpoena issued by such court or a refusal to testify
14therein. The Director may certify official acts.
15    If the Department finds that an owner, operator, or
16construction contractor has not complied with this Act, the
17Department shall refer the matter to the Attorney General for
18enforcement.
 
19    Section 10-20. Exemptions. This Act does not apply to any
20owner or operator that has an executed national or local labor
21agreement in effect pertaining to the performance of
22construction work at a given facility or site under the terms
23of the agreement. The labor agreement must be negotiated with
24and approved by a local building and construction trades
25council that has geographic jurisdiction over the stationary

 

 

HB2839- 18 -LRB103 30628 JDS 57080 b

1source.
 
2    Section 10-21. Reporting.
3    (a) A registered apprenticeship program or contractor
4subject to this Act shall file an annual report with the
5Department of Commerce and Economic Opportunity and the
6Illinois Works Review Panel, in the form and manner required
7by the Department of Commerce and Economic Opportunity, within
86 months after the effective date of this Act and by January 31
9of each year thereafter. The report shall contain the
10following information:
11        (1) In the case of a report submitted by a registered
12    apprenticeship program providing minimum approved safety
13    training for workers in high-hazard facilities, the report
14    shall include:
15            (A) A description of the registered apprenticeship
16        program's recruitment and screening efforts and a
17        general description of its training efforts.
18            (B) The number of individuals who applied to,
19        participated in, and completed the minimum approved
20        safety training for workers at high-hazard facilities
21        in the prior calendar year, broken out by race,
22        ethnicity, gender, jurisdiction, apprentice or
23        journeyperson level, age, and veteran status.
24            (C) Demographic data for the county in which the
25        registered apprenticeship program is located.

 

 

HB2839- 19 -LRB103 30628 JDS 57080 b

1            (D) A statement of the registered apprenticeship
2        program's minimum diversity goal, which shall be equal
3        to the demographic composition of its jurisdiction,
4        the demographic composition of the participants and
5        graduates of the registered apprenticeship program,
6        and a comparison of whether the demographic
7        composition of the participants of the apprenticeship
8        program who are working at the high-hazard facility
9        are meeting that goal.
10            (E) An action plan to increase or maintain
11        diversity in order to meet or exceed the stated
12        minimum diversity goal. An action plan may include,
13        but shall not be limited to, taking the following
14        actions if the diversity goal is not met:
15                (i) providing information on this Act for all
16            high schools and field offices of the Department
17            of Employment Security in the jurisdiction;
18                (ii) entering into a joint agreement with the
19            Department of Employment Security for outreach and
20            employment services;
21                (iii) entering into a joint agreement with
22            educational institutions or an approved Illinois
23            Works Preapprenticeship Program established under
24            subsection (a) of Section 20-15 of the Illinois
25            Works Jobs Program Act to enhance recruitment
26            efforts; and

 

 

HB2839- 20 -LRB103 30628 JDS 57080 b

1                (iv) evaluating and, when feasible,
2            eliminating experience requirements that may pose
3            barriers to recruiting or admitting diverse
4            individuals as apprentices.
5        (2) In the case of a report submitted by a contractor
6    who employs workers operating in high-hazard facilities,
7    the report shall include:
8            (A) A description of the contractor's recruitment
9        and screening efforts and a general description of its
10        training efforts.
11            (B) The number of workers employed by the
12        contractor to work in high-hazard facilities in the
13        prior calendar year, broken out by race, ethnicity,
14        gender, jurisdiction, apprentice or journeyperson
15        level, age, and veteran status.
16            (C) Demographic data for the county in which the
17        majority of the contractor's high-hazard facility work
18        was performed in the last calendar year.
19            (D) A statement of the contractor's minimum
20        diversity goal, which shall be equivalent to the
21        demographic composition of its jurisdiction, and
22        whether the demographic composition of the workers
23        employed by the contractor to work at the high-hazard
24        facility is meeting that goal.
25            (E) An action plan to increase or maintain
26        diversity to meet or exceed the stated minimum

 

 

HB2839- 21 -LRB103 30628 JDS 57080 b

1        diversity goal. An action plan may include, but need
2        not be limited to, taking the following actions if the
3        diversity goal is not met:
4                (i) providing information on this Act for all
5            high schools and field offices of the Department
6            of Employment Security in the jurisdiction;
7                (ii) entering into a joint agreement with the
8            Department of Employment Security for outreach and
9            employment services;
10                (iii) entering into a joint agreement with
11            educational institutions or approved Illinois
12            Works Preapprenticeship Programs established under
13            subsection (a) of Section 20-15 of the Illinois
14            Works Jobs Program Act in the jurisdiction to
15            enhance recruitment efforts; and
16                (iv) evaluating and eliminating experience
17            requirements that may pose barriers to recruiting
18            or admitting diverse individuals as apprentices
19            when feasible.
20    (b) The Department of Commerce and Economic Opportunity
21shall review the annual reports and, in consultation with the
22Illinois Works Review Panel, conduct an assessment of whether
23the reports meet the requirements of this Act.
24    (c) If the Department of Commerce and Economic Opportunity
25concludes that a minimum diversity goal established under
26subparagraph (D) of paragraph (1) of subsection (a) or

 

 

HB2839- 22 -LRB103 30628 JDS 57080 b

1subparagraph (D) of paragraph (2) of subsection (a) will not
2be met within 12 months after the report is filed or that the
3action plan was not followed, the Department of Commerce and
4Economic Opportunity, in consultation with the Illinois Works
5Review Panel, shall recommend that the action plan be revised
6to provide additional steps and opportunities for minority
7participation.
8    (d) If the Department of Commerce and Economic
9Opportunity, in consultation with the Illinois Works Review
10Panel, concludes that the apprenticeship program or the
11contractor failed to follow its action plan under subsection
12subparagraph (E) of paragraph (1) of subsection (a),
13subparagraph (E) of paragraph (2) of subsection (a), or the
14recommended changes to its action plan provided by the
15Department of Commerce and Economic Opportunity and the
16Illinois Works Review Panel under subsection (c) within 12
17months after filing the entity's report, the Department of
18Commerce and Economic Opportunity may refer the matter to the
19Department for investigation and enforcement.
20    (e) It is a violation of this Act for an applicable
21registered apprenticeship program providing workers in a
22high-hazard facility to fail to submit a report as required by
23this Act. The Department of Commerce and Economic Opportunity
24shall refer such violations to the Director of the Department
25for investigation and enforcement.
26    (f) For reporting purposes, the jurisdiction is the

 

 

HB2839- 23 -LRB103 30628 JDS 57080 b

1Illinois county in which the applicable apprenticeship and
2training program, approved by and registered with the U.S.
3Department of Labor's Office of Apprenticeship, is located.
4For a contractor, the jurisdiction is the county in which the
5contractor's workers performed the majority of work in a
6high-hazard facility within the last calendar year.
 
7    Section 10-25. Penalties; noncompliant reporting;
8reinstatement.
9    (a) An owner or operator who violates the requirements of
10this Act shall be subject to a minimum civil penalty of $10,000
11for each violation. The Department shall consider the gravity
12of the violation in determining the amount of the penalty.
13Each shift a violation of this Act occurs shall be considered a
14separate violation. The penalty may be recovered in a civil
15action brought by the Director in any circuit court. In the
16civil action, the Director shall be represented by the
17Attorney General. All moneys received by the Department as
18fees and civil penalties under this Act, other than moneys
19collected as unpaid or underpaid wages plus a 5% monthly
20penalty as provided in subsection (b), shall be deposited into
21the Illinois Works Fund to be used to recruit, prescreen, and
22provide preapprenticeship skills training for which
23participants may attend free of charge and receive a stipend
24to create a qualified, diverse pipeline of workers who are
25prepared to work in high-hazard facilities.

 

 

HB2839- 24 -LRB103 30628 JDS 57080 b

1    (b) In addition to the penalty provided in subsection (a),
2if the Department finds that a contractor or owner or operator
3failed to pay the prevailing rate of wages to construction
4workers at a stationary source as required under this Act, the
5Department may recover unpaid or underpaid wages, plus a 5%
6monthly penalty, on behalf of and payable to the workers.
7Wages owed may be recovered in a civil action brought by the
8Director in any circuit court. In a civil action, the Director
9shall be represented by the Attorney General.
10    (c) Notwithstanding subsections (a) and (b), if the
11Department of Commerce and Economic Opportunity, in
12consultation with the Illinois Works Review Panel, refers a
13violation of Section 10-21 to the Department for investigation
14and enforcement, the Department shall provide reasonable
15notice of noncompliance to the violator within 90 days after
16the violation and shall inform the violator that the violator
17has 45 days to comply with Section 10-21 without penalty. If
18the noncompliance is not remedied, the violator shall be in
19violation of this Act and may be deemed by the Department unfit
20to provide workers or operate at high-hazard facilities for a
21period of up to one year. If the Department determines that the
22violator has remedied the violation and is in compliance with
23Section 10-21, the Department shall have 45 days to reinstate
24the authorization for the violator to provide workers or
25operate at high-hazard facilities. The Department may not
26unreasonably withhold reinstatement under this subsection when

 

 

HB2839- 25 -LRB103 30628 JDS 57080 b

1the applicable registered apprenticeship program providing
2workers in high-hazard facilities or the contractor operating
3at high-hazard facilities is found to be in compliance with
4Section 10-21.
 
5    Section 10-30. Rulemaking. The Department shall adopt
6rules for the implementation and administration of this Act.
 
7    Section 10-97. Severability. The provisions of this Act
8are severable under Section 1.31 of the Statute on Statutes.
 
9
ARTICLE 15. AMENDATORY PROVISIONS

 
10    Section 15-5. The Illinois Administrative Procedure Act is
11amended by adding Section 5-45.35 as follows:
 
12    (5 ILCS 100/5-45.35 new)
13    Sec. 5-45.35. Emergency rulemaking. To provide for the
14expeditious and timely implementation of this amendatory Act
15of the 103rd General Assembly, the Department of Commerce and
16Economic Opportunity shall, and the Department of Revenue may,
17adopt emergency rules to implement and administer the
18Investing in Illinois Works Tax Credit Act. Furthermore, the
19Department of Labor shall adopt rules necessary to implement
20and administer the Illinois Hazardous Materials Workforce
21Training Act. The adoption of emergency rules authorized by

 

 

HB2839- 26 -LRB103 30628 JDS 57080 b

1this Section is deemed to be necessary for the public
2interest, safety, and welfare.
3    This Section is repealed on January 1, 2027.
 
4    Section 15-10. The Illinois Income Tax Act is amended by
5adding Section 234 as follows:
 
6    (35 ILCS 5/234 new)
7    Sec. 234. The Investing in Illinois Works Tax Credit. An
8eligible taxpayer who has been awarded a credit by the
9Department of Commerce and Economic Opportunity under Section
101-20 of the Investing in Illinois Works Tax Credit Act may
11claim a credit against the taxes imposed under subsections (a)
12and (b) of Section 201 of this Act for amounts due during the
13first taxable year in which a tax credit certificate was
14awarded. The credit shall be equal to the amount shown on the
15certificate. For partners and shareholders of Subchapter S
16corporations, there shall be allowed a credit under this
17subsection to be determined in accordance with the
18determination of income and distributive share of income under
19Sections 702 and 704 and Subchapter S of the Internal Revenue
20Code. The credit may not reduce the taxpayer's tax due under
21subsections (a) and (b) of Section 201 to less than zero.
22However, if the amount of the credit exceeds the total tax due
23for the taxable year, the excess credit may be carried forward
24and applied against the taxpayer's liability under subsections

 

 

HB2839- 27 -LRB103 30628 JDS 57080 b

1(a) and (b) of Section 201 in the 5 succeeding taxable years.
2The credit shall be applied to the earliest taxable year for
3which there is a tax liability. If there are credits from more
4than one reporting period that are available to offset the
5liability, the earlier credit shall be applied first.
 
6
ARTICLE 99. EFFECTIVE DATE

 
7    Section 99-99. Effective date. This Act takes effect
8January 1, 2024.

 

 

HB2839- 28 -LRB103 30628 JDS 57080 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/5-45.35 new
5    35 ILCS 5/234 new