HB3400 103RD GENERAL ASSEMBLY

LRB103 30655 DTM 57113 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3400

Introduced 2/17/2023, by Rep. William "Will" Davis

SYNOPSIS AS INTRODUCED:

30 ILCS 559/20-25
30 ILCS 559/20-30 new

Amends the Illinois Works Jobs Program Act. Provides that the Illinois Works Review Panel's examination of workforce demographic data collected by the Illinois Department of Labor must include demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not the apprentice is a graduate of the Illinois Works Preapprenticeship Program. Provides that individual members of the workforce shall be given a unique identifier so that progress and retention can be tracked without sharing personally identifiable information. Creates the Access and Opportunity Committee to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. Includes provisions regarding Committee membership, powers and duties, and meetings.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Works Jobs Program Act is amended by changing Section 20-25 and by adding Section 20-30 as follows:

(30 ILCS 559/20-25)

Sec. 20-25. The Illinois Works Review Panel.

(a) The Illinois Works Review Panel is created and shall be comprised of 25 members, each serving 3-year terms. The Speaker of the House of Representatives and the President of the Senate shall each appoint 5 members within 30 days after the effective date of this amendatory Act of the 101st General Assembly. The Minority Leader of the House of Representatives and the Minority Leader of the Senate shall each appoint 5 members within 30 days after the effective date of this amendatory Act of the 101st General Assembly. The Director of Commerce and Economic Opportunity, or his or her designee, shall serve as a member. The Governor shall appoint the following individuals to serve as members within 30 days after the effective date of this amendatory Act of the 101st General Assembly: a representative from a contractor organization; a representative from a labor organization; and 2 members of the public with workforce development expertise, one of whom shall be a representative of a nonprofit organization that addresses workforce development.

(b) The members of the Illinois Works Review Panel shall make recommendations to the Department regarding identification and evaluation of community-based organizations.

(c) The Illinois Works Review Panel shall meet, at least quarterly, to review and evaluate (i) the Illinois Works Preapprenticeship Program and the Illinois Works Apprenticeship Initiative, (ii) ideas to diversify the trainee corps in the Illinois Works Preapprenticeship Program and the workforce in the construction industry in Illinois, (iii) ideas to increase diversity in active apprenticeship programs in Illinois, and (iv) workforce demographic data collected by the Illinois Department of Labor, including demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not they are a graduate of the Illinois Works Preapprenticeship Program. Individual members of the workforce shall be given a unique identification so that progress and retention can be tracked without sharing personally identifiable information. The Illinois Works Review Panel shall hold its initial meeting no later than 45 days after the effective date of this amendatory Act of the 101st General Assembly.

(d) All State contracts and grant agreements funding State contracts shall include a requirement that the contractor and subcontractor shall, upon reasonable notice, appear before and respond to requests for information from the Illinois Works Review Panel.

(e) By August 1, 2020, and every August 1 thereafter, the Illinois Works Review Panel shall report to the General Assembly on its evaluation of the Illinois Works Preapprenticeship Program and the Illinois Works Apprenticeship Initiative, including any recommended modifications.

(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19; 101-633, eff. 6-5-20.)

(30 ILCS 559/20-30 new)

Sec. 20-30. Access and Opportunity Committee.

(a) The Access and Opportunity Committee is created to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. It shall be administered by the Department and comprised of 17 members. The Director of Commerce and Economic Opportunity, Secretary of Transportation, Director of the Environmental Protection Agency, the Secretary of Labor, and the Executive Director of the Capital Development Board, or their designees, shall serve as members. The Governor shall appoint the following individuals to serve as members within 30 days after the effective date of this amendatory Act of the 103rd General Assembly: 4 representatives from a contractor organization; 4 representatives from a labor organization; and 4 representatives of community based providers of the Illinois Works Preapprenticeship Program that serve underrepresented populations, including women and racial and ethnic minorities, for the purposes of increasing their presence in the construction workforce.

(b) The Access and Opportunity Committee shall have the powers and duty to:

(1) Review workforce data reports with demographic information, including weekly certified payroll reports, on current and recently completed public works projects contracted by the State or an agency of the State. The weekly certified payroll reports must be reviewed and analyzed in a timely manner, but no more than 2 weeks after the dates of employment. The review of workforce data must include a review of the skill development and retention of all apprentices and all underrepresented populations.

(2) Review documentation of affirmative action steps taken under 41 CFR 60.4-3(a)(7) from contractors who have submitted bids on upcoming public works projects contracted by the State or an agency of the State in compliance with Section 30-22 of the Illinois Procurement Code, as well as their previous performance hiring underrepresented populations if available.

(3) Review any claims of good faith effort by contractors and advise on corrective action plans as needed.

(4) Advise on benchmarks to measure success on outreach, access, and retention of diverse construction workforce on public works projects contracted by the State or an agency of the State.

(5) Advise on a formula for penalties that will encourage compliance with Section 30-22 of the Illinois Procurement Code by contractors.

(6) Issue a report to the Illinois Works Review Panel at its quarterly meeting that includes an evaluation of progress toward increasing racial, ethnic, and gender equity on public works projects and offer recommendations for the following quarter that would include recommendations for contractor eligibility to participate on public works projects contracted by the State or an agency of the State and the effectiveness of current strategies to diversify the workforce.

(c) The Access and Opportunity Committee shall meet monthly.