Full Text of SB1735 97th General Assembly
SB1735sam003 97TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/3/2011
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| 1 | | AMENDMENT TO SENATE BILL 1735
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1735, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Transportation Law of the
| 6 | | Civil Administrative Code of Illinois is amended by changing | 7 | | Section 2705-215 as follows:
| 8 | | (20 ILCS 2705/2705-215) (was 20 ILCS 2705/49.27)
| 9 | | Sec. 2705-215.
Cooperative utilization of equipment and
| 10 | | services of governmental
entities and not-for-profit | 11 | | organizations for the transportation needs in
public service | 12 | | programs.
| 13 | | (a) The Department is directed to encourage and assist
| 14 | | governmental entities, not-for-profit corporations, and | 15 | | nonprofit community
service associations, between or among | 16 | | themselves, in the development of
reasonable utilization of |
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| 1 | | transportation equipment and operational service
in satisfying | 2 | | the general and specialized public transportation needs.
| 3 | | The Department shall develop and encourage cooperative | 4 | | development, among
all entities, of programs promoting | 5 | | efficient service and conservation
of capital
investment and | 6 | | energy and shall assist all entities in achieving their
goals
| 7 | | and in their applications for transportation grants under | 8 | | appropriate State
or federal programs.
| 9 | | (b) Implementation of cooperative programs is to be | 10 | | developed within the
meaning
of the provisions of the | 11 | | Intergovernmental Cooperation Act. In the circumstances of | 12 | | nongovernmental entities,
the Department shall be guided by | 13 | | that Act and any other State law
in
encouraging
the cooperative | 14 | | programs between those entities.
| 15 | | (c) The Department shall report to the members of the | 16 | | General Assembly,
by
March 1 of each year, its successes, | 17 | | failures and progress in achieving
the intent of this Section. | 18 | | The report shall also include identification
of problems as | 19 | | well as the Department's recommendations.
| 20 | | (d) The General Assembly finds as follows: | 21 | | (i) Federal regulation 23 CFR 637 requires | 22 | | contractors, consultants, local agencies, and Department | 23 | | personnel performing materials acceptance sampling and | 24 | | testing on Federal-aid projects on the National Highway | 25 | | System be qualified. | 26 | | (ii) The Illinois Department of Transportation offers |
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| 1 | | Quality Control/Quality Assurance courses and specific | 2 | | task training programs in order to meet the educational | 3 | | requirements for qualified personnel. | 4 | | (iii) All personnel who successfully complete the | 5 | | required Quality Control/Quality Assurance courses or the | 6 | | specific task training programs and have been entered into | 7 | | departmental databases are considered qualified. | 8 | | (iv) The laws of this State do not require that all | 9 | | Quality Control/Quality Assurance courses be completed at | 10 | | Illinois Department of Transportation facilities. Proper | 11 | | training, however, is an integral component to the success | 12 | | of the Quality Control/Quality Assurance program. | 13 | | (v) Due to inherent differences in administering local | 14 | | projects, and due to the administrative burdens that are | 15 | | imposed when enforcing quality standards, a proper system | 16 | | of training is necessary to ensure laboratories remain | 17 | | qualified to adequately teach and train contractors, | 18 | | consultants, local agencies, and Department personnel at | 19 | | these facilities. | 20 | | (vi) Only a minimal number of facilities meet these | 21 | | standards and are able to competently teach and train | 22 | | qualified sampling and testing personnel. | 23 | | In order to ensure that only competent training is | 24 | | available, it is the intent of the General Assembly to limit | 25 | | the certification of apprenticeship programs to those that meet | 26 | | minimal standards and that are able to competently teach and |
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| 1 | | train. It is also the intent of the General Assembly to require | 2 | | that all training managers satisfy Quality Control/Quality | 3 | | Assurance standards, and that all training facilities and | 4 | | apprenticeship programs in this State conform to the safety | 5 | | standards imposed by the laws and regulations of this State and | 6 | | the laws and regulations of the federal government. | 7 | | The Department shall certify an apprenticeship program as | 8 | | able to teach and train its own members for any quality | 9 | | assurance and quality control certifications issued by the | 10 | | Department if the apprenticeship program meets the following | 11 | | requirements: | 12 | | (1) the program is a United States Department of Labor | 13 | | apprenticeship program conducted by a joint labor | 14 | | management board that is regulated under the Labor | 15 | | Management Relations Act, 29 U.S.C. 141 et seq.; and | 16 | | (2) the program is conducted at a training facility | 17 | | that was established prior to January 1, 2008. | 18 | | The Department shall certify the curricula for the quality | 19 | | assurance quality control program and shall make available all | 20 | | course curricula, teaching aids, syllabi, and other materials | 21 | | necessary for instruction of courses described by this | 22 | | subsection (d). | 23 | | The Department may administer any testing or certify a | 24 | | third party to administer and certify any testing, provided | 25 | | that the entity is independent of and not an affiliate of the | 26 | | United States Department of Labor apprenticeship programs |
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| 1 | | identified in this subsection (d). | 2 | | If the Department does not administer the testing, the | 3 | | Department and the apprenticeship program shall mutually agree | 4 | | upon a third party to administer the testing. The third party | 5 | | shall provide testers upon being given 10 days' notice. | 6 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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