Full Text of SB2399 94th General Assembly
SB2399ham003 94TH GENERAL ASSEMBLY
|
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. |
|
|
|
09400SB2399ham003 |
- 2 - |
LRB094 16772 WGH 58684 a |
|
| 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. |
|
|
|
09400SB2399ham003 |
- 3 - |
LRB094 16772 WGH 58684 a |
|
| 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 |
|
|
|
09400SB2399ham003 |
- 4 - |
LRB094 16772 WGH 58684 a |
|
| 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. |
|
|
|
09400SB2399ham003 |
- 5 - |
LRB094 16772 WGH 58684 a |
|
| 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 |
|
|
|
09400SB2399ham003 |
- 6 - |
LRB094 16772 WGH 58684 a |
|
| 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 |
|
|
|
09400SB2399ham003 |
- 7 - |
LRB094 16772 WGH 58684 a |
|
| 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.".
|
|