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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0644eng HB0644 Engrossed LRB9206584WHtm 1 AN ACT in relation to apprentice programs. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Apprentice Equity Act. 6 Section 5. Statement of policy. It is the policy of the 7 State of Illinois to ensure full and equitable employment 8 opportunities for minorities and females in the building 9 trades on all State construction contracts. Lack of 10 employment opportunities for minorities and females in the 11 building trades impedes economic development and contributes 12 to the social ills of Illinois residents. Federal and State 13 regulations prohibit discrimination because of race, color, 14 religion, sex, or national origin in employment and training 15 programs. The State is committed to ensuring that minorities 16 and females are provided apprenticeship and self-improvement 17 opportunities in the building trades on State construction 18 contracts to assist in their increased employment in the 19 building trades. 20 Section 10. Definitions. As used in this Act: 21 "Minority" has the definition contained in Section 10 of 22 the State Employment Records Act. 23 "Apprentice program" means an apprentice program in the 24 building trades that is authorized by the Bureau of 25 Apprenticeship Training of the U.S. Department of Labor. 26 "Apprentice" means a participant in an apprentice 27 program. 28 "Apprentice plan" means a written description of the 29 manner in which each minority or female apprentice shall be 30 used on a project. HB0644 Engrossed -2- LRB9206584WHtm 1 Section 15. Plan. 2 (a) To facilitate the provision of apprenticeship 3 opportunities for minorities and women in the building 4 trades, the Director of the Capital Development Board and the 5 Secretary of Transportation shall designate specific 6 contracts let by the respective agencies as subject to an 7 apprentice plan promoting employment opportunities for 8 minorities and women. Only contracts to be performed in 9 counties with a population of more than 115,000 may be 10 designated under the Act. 11 (b) In selecting contracts for participation in the 12 apprentice plan approved under this Act and in establishing 13 the applicable goals for each selected contract, the Director 14 of the Capital Development Board and the Secretary of 15 Transportation shall consider the following criteria: 16 (1) The nature of a project to ensure that it has 17 the potential for providing effective training 18 opportunities within the applicable apprentice program. 19 (2) The duration of the contract, work schedules 20 for project completion, and labor intensiveness of work 21 areas. 22 (3) The magnitude or dollar amount of the contract. 23 (4) The scope of work to be performed. 24 (5) The total normal building trade work force that 25 the average low bidder could be expected to use. 26 (6) The ratio of apprentices to journeymen that it 27 would be feasible for the average low bidder to use as 28 part of the contractor's work force during normal 29 operations, including the consideration of the relevant 30 provisions of any applicable collective bargaining 31 agreement. 32 (c) For each designated contract subject to the 33 apprentice plan approved under this Act, the Director of the 34 Capital Development Board or the Secretary of Transportation HB0644 Engrossed -3- LRB9206584WHtm 1 shall establish goals for the number of minority and female 2 apprentices in the building trades to be assigned work on the 3 contract, expressed in terms of hours of assigned work, 1,000 4 hours being equivalent to approximately 6 months of full-time 5 employment. The bidder shall commit to the employment of 6 minority and female apprentices on the contract equal to or 7 greater than each of the applicable goals. In employing 8 minority and female apprentices, the bidder shall give 9 preference to minority and female apprentices who are already 10 participants in an apprentice program. 11 (d) If the bidder finds it impossible to meet the 12 established goals after consulting with the appropriate labor 13 organization or joint apprenticeship training committee, the 14 bidder may seek a waiver from the Director of the Capital 15 Development Board or the Secretary of Transportation 16 accompanied by such documentation as requested by the 17 Director of the Capital Development Board or the Secretary of 18 Transportation, as applicable, that sufficient qualified 19 minorities and females to meet the goals were unavailable in 20 the county in which the work is to be performed, despite the 21 bidder's making all reasonable good faith efforts in hiring 22 minorities and females for the apprentice positions. The 23 Director of the Capital Development Board or the Secretary of 24 Transportation, as applicable, may grant the waiver request 25 upon the determination that sufficient qualified minorities 26 and females are not available for employment in the 27 applicable apprentice plans to meet the established goals 28 despite the good faith efforts of the bidder to recruit 29 minorities and females or that applicable collective 30 bargaining agreement provisions would prohibit the employment 31 of apprentices on the project to the extent required by the 32 established goals. 33 (e) Whenever a bidder's contractor subcontracts a 34 portion of the work involving any construction trade, the HB0644 Engrossed -4- LRB9206584WHtm 1 subcontractor shall be subject, with subcontracts in excess 2 of $10,000, to the same goals for hiring minority and women 3 apprentices applicable to the contractor, unless the Director 4 of the Capital Development Board or the Secretary of 5 Transportation, as applicable, grants the subcontractor a 6 partial or total waiver of the established goals. 7 (f) Within 10 days following the approval of the 8 contractor's required bond, the contractor shall submit to 9 the Director of the Capital Development Board or the 10 Secretary of Transportation, as applicable, a copy of the 11 plan for using minority and female apprentices on the 12 project, including the number of apprentices to be trained in 13 each selected classification and the corresponding apprentice 14 programs to be used. If a subcontract is let for a portion 15 of the work, the contractor may determine the extent to which 16 apprentices are to be trained by the subcontractor, but the 17 contractor shall retain responsibility for meeting the 18 applicable goals or shall submit with its bid a request for a 19 partial or total waiver of the established goals. 20 (g) A contractor's plan for using minority and female 21 apprentices shall be approved only if it meets the standards 22 set forth with regard to: 23 (1) The primary objectives of training and 24 upgrading minority and female workers within applicable 25 apprentice programs. 26 (2) Whether the classifications proposed are 27 appropriate for the specific project. The character, 28 duration, and nature of the project operations shall 29 readily support the proposed apprentice plan. 30 (h) If the contractor's submission is not acceptable, or 31 if, in the opinion of the Director of the Capital Development 32 Board or the Secretary of Transportation, as applicable, the 33 character, duration, or nature of the project operations 34 cannot support the proposed apprentice classification, the HB0644 Engrossed -5- LRB9206584WHtm 1 apprentice plan shall not be approved. The contractor's 2 submission shall be returned for correction and resubmission. 3 (i) The contractor shall submit to the Director of the 4 Capital Development Board or the Secretary of Transportation, 5 as applicable, a monthly report, as specified by the Director 6 or Secretary, detailing the use of apprentices during the 7 prior month. 8 (j) When the Director of the Capital Development Board 9 or the Secretary of Transportation, as applicable, has 10 determined that the contractor has failed to comply with any 11 of the apprentice plan requirements, the Director or 12 Secretary may notify the contractor of any non-compliance and 13 withhold up to 50% of the current progress or final payment 14 due the contractor until it is determined that the contractor 15 is in compliance or that, despite the contractor's making all 16 reasonable good faith efforts, it is unable to meet the 17 established goals. 18 (k) The contractor shall include all costs of compliance 19 for the apprentice plan in its bid. The contractor shall not 20 be entitled to any additional compensation from the State for 21 additional costs, delays, or expenses of any kind arising out 22 of or resulting from the implementation of this plan in the 23 contract. 24 (l) Nothing in this Act shall be construed or enforced 25 to permit discrimination against any individual on the basis 26 of race, color, sex, or national origin with respect to 27 employment or apprenticeship opportunities on State 28 contracts. 29 (m) The Director of the Capital Development Board and 30 the Secretary of Transportation shall submit, at least once 31 each calendar quarter, a report to the Governor and General 32 Assembly detailing their implementation of the apprentice 33 plan established by this Act, and the compliance of 34 contractors with this Act. HB0644 Engrossed -6- LRB9206584WHtm 1 Section 99. Effective date. This Act takes effect on 2 January 1, 2002.