HB6262 99TH GENERAL ASSEMBLY

LRB099 16714 MLM 41053 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6262

Introduced 2/11/2016, by Rep. Sheri L Jesiel

SYNOPSIS AS INTRODUCED:

30 ILCS 577/35-10
30 ILCS 577/35-11 new

Amends the State Construction Minority and Female Building Trades Act. Provides that the failure to submit required apprenticeship reports is a violation of the Act. Creates penalties for violation of the Act. Provides that an entity that violates the provisions of the act or any rule adopted under the Act shall be subject to a civil penalty not to exceed $1,000 for each violation found in the first audit by the Department of Labor. Provides that following a first audit, an entity shall be subject to a civil penalty not to exceed $2,000 for each repeat violation found by the Department within a 5-year period. Provides that each violation of the Act for each day the violation continues shall constitute a separate and distinct violation. Provides that in determining the amount of a penalty, the Director of the Department of Labor shall consider the gravity of the violations.

FISCAL NOTE ACT MAY APPLY

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 State Construction Minority and Female Building Trades Act is amended by changing Section 35-10 and by adding Section 35-11 as follows:

(30 ILCS 577/35-10)

Sec. 35-10. Apprenticeship reports. Each labor organization and other entity in Illinois with one or more apprenticeship programs for construction trades, whether or not recognized and certified by the United States Department of Labor, Bureau of Apprenticeship and Training, must report to the Illinois Department of Labor the information required to be reported to the Bureau of Apprenticeship and Training by labor organizations with recognized and certified apprenticeship programs that lists the race, gender, ethnicity, and national origin of apprentices in that labor organization or entity. The information must be submitted to the Illinois Department of Labor as provided by rules adopted by the Department. For labor organizations with recognized and certified apprentice programs, the reporting requirement of this Section may be met by providing the Illinois Department of Labor, on a schedule adopted by the Department by rule, copies of the reports submitted to the Bureau of Apprenticeship and Training. Failure to submit this report is a violation of this Act.

(Source: P.A. 96-37, eff. 7-13-09.)

(30 ILCS 577/35-11 new)

Sec. 35-11. Penalties. An entity that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty not to exceed $1,000 for each violation found in the first audit by the Illinois Department of Labor. Following a first audit, an entity shall be subject to a civil penalty not to exceed $2,000 for each repeat violation found by the Department within a 5-year period. For purposes of this Section, each violation of this Act for each day the violation continues shall constitute a separate and distinct violation. In determining the amount of a penalty, the Director of the Department of Labor shall consider the gravity of the violations.