SB1513 100TH GENERAL ASSEMBLY

LRB100 09484 MLM 19647 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1513

Introduced 2/9/2017, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Apprenticeship Utilization Act. Provides that on projects covered under the Prevailing Wage Act where the estimated cost is in excess of $250,000, all specifications shall require that no less than 15% of the labor hours within each trade be performed by apprentices of that trade. Sets forth certain requirements. Sets forth enforcement provisions. Prohibits adverse action for following the requirements of the Act. Limits the concurrent exercise of home rule powers. Provides that the Act does not apply to written or oral contracts entered into, modified, renewed, or extended before the effective date of the Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE 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 1. Short title. This Act may be cited as the Apprenticeship Utilization Act.

Section 5. Policy. It is the policy of the State of Illinois that a well-trained construction trades workforce is critical to the economic future of the State wherein the efficient and economical construction of public works projects will be hindered if there is not an ample supply of trained construction workers. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the workforce. By providing for apprenticeship utilization on public works projects, governments can provide training and experience that will help assure that a skilled workforce will be available in sufficient numbers for the construction of public works in the future.

Section 10. Definitions. As used in this Act:

"Apprentice" means an apprentice enrolled in an applicable apprenticeship and training program approved by and registered with the United States Department of Labor's Office of Apprenticeship.

"Apprentice utilization requirement" means the requirement that the appropriate percentage of labor hours within each separate craft or trade be performed by apprentices of that craft or trade.

"Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to affect any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property, or improvement herein described of any material or article of merchandise. "Construction" also includes moving construction-related materials on the job site to or from the job site.

"Labor hours" means the total hours of workers receiving hourly wages and fringe benefits rates on public works projects covered under the Prevailing Wage Act.

"Public body" means the State or any officer, board or commission of the State, or any political subdivision or department thereof, or any institution supported in whole or in part by public funds, and includes every county, city, town, village, township, school district, irrigation, utility, reclamation improvement, or other district and every other political subdivision, district or municipality of the state whether such political subdivision, municipality or district operates under a special charter or not.

Section 15. Apprentice utilization.

(a) On projects covered under the Prevailing Wage Act where the estimated cost is in excess of $250,000, all specifications shall require that no less than 15% of the labor hours within each trade be performed by apprentices of that trade.

(b) The cost of a single project covered under this Act may not be divided into 2 or more projects for purposes of avoiding the requirements of this Section. Where 2 or more contractors or subcontractors perform work within a trade, all such contractors or subcontractors shall comply with the requirements of this Section.

(c) All contractors and subcontractors subject to this Section must make and keep certified payroll reports pursuant to Section 5 of the Prevailing Wage Act.

(d) The awarding agency may adjust the requirements of this Section for a specific project for the following reasons:

(1) the demonstrated lack of availability of apprentices in specific geographic areas; or

(2) a disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation.

(e) All contractors and subcontractors subject to this Section must comply with the goal provisions in Section 35-20 of the State Construction Minority and Female Building Trades Act.

Section 20. Enforcement. Any officer, agent, or representative of any public body who willfully violates, or willfully fails to comply with, any of the provisions of this Act, and any contractor or subcontractor, and any officer, employee, or agent thereof, who, as an officer or employee, willfully violates, or willfully fails to comply with, any of the provisions of this Act, is guilty of a Class A misdemeanor.

The Department of Labor shall inquire diligently as to any violation of this Act, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of this Act. The Attorney General shall prosecute such asses upon complaint by the Department or any interested person.

Failure to comply with the apprentice utilization requirement under this Act shall be considered evidence bearing on a contractor's qualification for award of future contracts.

Section 25. Adverse actions prohibited. No person, association, corporation, or other entity shall discharge, demote, harass, or otherwise take adverse actions against any individual or entity because such individual or entity seeks the enforcement of this Act, or testifies, assists, or participates in any manner in an investigation, hearing, or other proceeding to enforce this Act.

Section 30. Home rule. Home rule units may regulate apprenticeship utilization in a manner not inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 35. Applicability. This Act shall not apply to written or oral contracts or agreements entered into, modified, renewed, or extended before the effective date of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.