Rep. Lou Lang

Filed: 5/2/2006

 

 


 

 


 
09400SB2399ham003 LRB094 16772 WGH 58684 a

1
AMENDMENT TO SENATE BILL 2399

2     AMENDMENT NO. ______. Amend Senate Bill 2399 by replacing
3 everything after the enacting clause with the following:
 
4
"ARTICLE 1.

 
5     Section 1-1. Short title. This Article 1 may be cited as
6 the Apprenticeship Program and Public Works Reporting Act, and
7 references in this Article to "this Act" mean this Article.
 
8     Section 1-5. Definitions. As used in this Act:
9     "Apprenticeship program" means an apprenticeship program
10 approved by the U.S. Department of Labor.
11     "Public works" has the meaning ascribed to that term in the
12 Prevailing Wage Act.
 
13     Section 1-10. Apprenticeship program reports.
14     (a) For each apprenticeship program operating in this
15 State, the entity operating the apprenticeship program must
16 file annual reports with the Department of Commerce and
17 Economic Opportunity covering each calendar year. Each report
18 shall include:
19         (1) The number of persons applying to the program in
20     each of the following categories of race or ethnicity:
21     white, black or African American, Hispanic or Latino
22     ethnicity, Asian American, and Native American.

 

 

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1         (2) The number of persons participating in the program
2     in each of the following categories of race or ethnicity:
3     white, black or African American, Hispanic or Latino
4     ethnicity, Asian American, and Native American.
5         (3) The number of persons completing the program in
6     each of the following categories of race or ethnicity:
7     white, black or African American, Hispanic or Latino
8     ethnicity, Asian American, and Native American.
9         (4) The number of persons of each gender applying to
10     the program.
11         (5) The number of persons of each gender participating
12     in the program.
13         (6) The number of persons of each gender completing the
14     program.
15     (b) Nothing in this Section shall be construed to compel an
16 individual to provide information regarding race, ethnicity,
17 or gender or compel an entity operating the apprenticeship
18 program to report regarding race, ethnicity, or gender if that
19 information is not provided by the individual applying to or
20 participating in an apprenticeship program.
21     (c) An entity that knowingly fails to file a report or
22 knowingly files an inaccurate or incomplete report commits a
23 business offense for which a fine of not more than $5,000 may
24 be imposed. In addition, if 14 days have elapsed since a report
25 filing deadline of the Department of Commerce and Economic
26 Opportunity, each subsequent day during which an entity
27 knowingly fails to file a report constitutes a separate
28 violation.
29     (d) The Department of Commerce and Economic Opportunity
30 shall adopt rules concerning the format and contents of reports
31 and the time and procedure for filing reports under this
32 Section.
 
33     Section 1-15. Public works contractor reports.

 

 

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1     (a) Each contractor to whom a contract for a public works
2 project for a State agency has been awarded and each
3 subcontractor performing work on the project must file annual
4 reports with the Department of Commerce and Economic
5 Opportunity covering each calendar year during which work is
6 performed under the contract. Each report shall include the
7 following information for each job classification:
8         (1) The number of persons applying to perform work on
9     the project in each of the following categories of race or
10     ethnicity: white, black or African American, Hispanic or
11     Latino ethnicity, Asian American, and Native American.
12         (2) The number of persons performing work on the
13     project in each of the following categories of race or
14     ethnicity: white, black or African American, Hispanic or
15     Latino ethnicity, Asian American, and Native American.
16         (3) The number of persons of each gender applying to
17     perform work on the project.
18         (4) The number of persons of each gender performing
19     work on the project.
20     (b) Nothing in this Section shall be construed to compel an
21 individual to provide information regarding race, ethnicity,
22 or gender or compel a contractor or subcontractor to report
23 regarding race, ethnicity, or gender if that information is not
24 provided by an individual applying to perform work on a project
25 or performing work on a project.
26     (c) A contractor or subcontractor that knowingly fails to
27 file a report or knowingly files an inaccurate or incomplete
28 report commits a business offense for which a fine of not more
29 than $5,000 may be imposed. In addition, if 14 days have
30 elapsed since a report filing deadline of the Department of
31 Commerce and Economic Opportunity, each subsequent day during
32 which a contractor or subcontractor knowingly fails to file a
33 report constitutes a separate violation.
34     (d) The Department of Commerce and Economic Opportunity

 

 

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1 shall adopt rules concerning the format and contents of reports
2 and the time and procedure for filing reports under this
3 Section.
 
4     Section 1-20. Reports by the Department of Commerce and
5 Economic Opportunity. The Department of Commerce and Economic
6 Opportunity shall file a report each calendar quarter with the
7 Governor and the General Assembly incorporating the
8 information filed with the Department of Commerce and Economic
9 Opportunity under Sections 1-10, 1-15, 1-25, and 1-30. The
10 information in each report shall be further broken down by the
11 5 regions of the State, as those regions are defined by the
12 Department of Commerce and Economic Opportunity. Each report
13 shall also compare the reported racial, ethnic, and gender data
14 for each region with the racial, ethnic, and gender
15 characteristics of the general workforce for each region.
 
16     Section 1-25. Reports by the Department of Transportation.
17 The Department of Transportation shall file a report each
18 calendar quarter with the Department of Commerce and Economic
19 Opportunity setting forth the following information for each
20 contract entered into by the Department of Transportation for a
21 public works project under which work was performed during the
22 quarterly reporting period:
23         (1) The name of the project.
24         (2) For each trade or occupation, the number of persons
25     performing work on the project during the quarterly
26     reporting period in each of the following categories of
27     race or ethnicity: white, black or African American,
28     Hispanic or Latino ethnicity, Asian American, and Native
29     American.
30         (3) For each trade or occupation, the number of persons
31     of each gender performing work on the project during the
32     quarterly reporting period.
 

 

 

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1     Section 1-30. Reports by the Capital Development Board. The
2 Capital Development Board shall file a report each calendar
3 quarter with the Department of Commerce and Economic
4 Opportunity setting forth the following information for each
5 contract entered into by the Capital Development Board for a
6 public works project under which work was performed during the
7 quarterly reporting period:
8         (1) The name of the project.
9         (2) For each trade or occupation, the number of persons
10     performing work on the project during the quarterly
11     reporting period in each of the following categories of
12     race or ethnicity: white, black or African American,
13     Hispanic or Latino ethnicity, Asian American, and Native
14     American.
15         (3) For each trade or occupation, the number of persons
16     of each gender performing work on the project during the
17     quarterly reporting period.
 
18     Section 1-35. Rules. The Department of Commerce and
19 Economic Opportunity, the Department of Transportation, and
20 the Capital Development Board may adopt any rules necessary or
21 appropriate to carry out their responsibilities under this Act.
 
22
ARTICLE 10.

 
23     Section 10-5. The Prevailing Wage Act is amended by
24 changing Section 5 as follows:
 
25     (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
26     Sec. 5. Certified payroll.
27     (a) While participating on public works, the contractor and
28 each subcontractor shall:
29         (1) make and keep, for a period of not less than 3

 

 

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1     years, records of all laborers, mechanics, and other
2     workers employed by them on the project; the records shall
3     include each worker's name, address, telephone number when
4     available, social security number, classification or
5     classifications, the hourly wages paid in each pay period,
6     the number of hours worked each day, and the starting and
7     ending times of work each day; and
8         (2) submit monthly, in person, by mail, or
9     electronically a certified payroll to the public body in
10     charge of the project. The certified payroll shall consist
11     of a complete copy of the records identified in paragraph
12     (1) of this subsection (a), but may exclude the starting
13     and ending times of work each day. The certified payroll
14     shall be accompanied by a statement signed by the
15     contractor or subcontractor which avers that: (i) such
16     records are true and accurate; (ii) the hourly rate paid to
17     each worker is not less than the general prevailing rate of
18     hourly wages required by this Act; and (iii) the contractor
19     or subcontractor is aware that filing a certified payroll
20     that he or she knows to be false is a Class B misdemeanor.
21     A general contractor is not prohibited from relying on the
22     certification of a lower tier subcontractor, provided the
23     general contractor does not knowingly rely upon a
24     subcontractor's false certification. Any contractor or
25     subcontractor subject to this Act who fails to submit a
26     certified payroll or knowingly files a false certified
27     payroll is in violation of this Act and guilty of a Class B
28     misdemeanor. The public body in charge of the project shall
29     keep the records submitted in accordance with this
30     paragraph (2) of subsection (a) for a period of not less
31     than 3 years. The records submitted in accordance with this
32     paragraph (2) of subsection (a) shall be considered public
33     records, except an employee's address, telephone number,
34     and social security number, and made available in

 

 

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1     accordance with the Freedom of Information Act. The public
2     body shall accept any reasonable submissions by the
3     contractor that meet the requirements of this Section.
4     (b) Upon 7 2 business days' notice, the contractor and each
5 subcontractor shall make available for inspection the records
6 identified in paragraph (1) of subsection (a) of this Section
7 to the public body in charge of the project, its officers and
8 agents, and to the Director of Labor and his deputies and
9 agents. Upon 7 2 business days' notice, the contractor and each
10 subcontractor shall make such records available at all
11 reasonable hours at a location within this State.
12 (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
 
13
ARTICLE 99.

 
14     Section 99-97. Severability. The provisions of this Act are
15 severable under Section 1.31 of the Statute on Statutes.
 
16     Section 99-99. Effective date. This Act takes effect upon
17 becoming law.".