Illinois 2023-2024 Regular Session

Illinois House Bill HB2300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0305
2	1		HB2300 EnrolledLRB103 30827 DTM 57326 b HB2300 Enrolled LRB103 30827 DTM 57326 b
3	2		HB2300 Enrolled LRB103 30827 DTM 57326 b
4		-	AN ACT concerning finance.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Works Jobs Program Act is amended
8		-	by changing Sections 20-15 and 20-20 as follows:
9		-	(30 ILCS 559/20-15)
10		-	Sec. 20-15. Illinois Works Preapprenticeship Program;
11		-	Illinois Works Bid Credit Program.
12		-	(a) The Illinois Works Preapprenticeship Program is
13		-	established and shall be administered by the Department. The
14		-	goal of the Illinois Works Preapprenticeship Program is to
15		-	create a network of community-based organizations throughout
16		-	the State that will recruit, prescreen, and provide
17		-	preapprenticeship skills training, for which participants may
18		-	attend free of charge and receive a stipend, to create a
19		-	qualified, diverse pipeline of workers who are prepared for
20		-	careers in the construction and building trades. Upon
21		-	completion of the Illinois Works Preapprenticeship Program,
22		-	the candidates will be skilled and work-ready.
23		-	(b) There is created the Illinois Works Fund, a special
24		-	fund in the State treasury. The Illinois Works Fund shall be
25		-	administered by the Department. The Illinois Works Fund shall
26		-	be used to provide funding for community-based organizations
	3	+	1 AN ACT concerning finance.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Works Jobs Program Act is amended
	7	+	5 by changing Sections 20-15 and 20-20 as follows:
	8	+	6 (30 ILCS 559/20-15)
	9	+	7 Sec. 20-15. Illinois Works Preapprenticeship Program;
	10	+	8 Illinois Works Bid Credit Program.
	11	+	9 (a) The Illinois Works Preapprenticeship Program is
	12	+	10 established and shall be administered by the Department. The
	13	+	11 goal of the Illinois Works Preapprenticeship Program is to
	14	+	12 create a network of community-based organizations throughout
	15	+	13 the State that will recruit, prescreen, and provide
	16	+	14 preapprenticeship skills training, for which participants may
	17	+	15 attend free of charge and receive a stipend, to create a
	18	+	16 qualified, diverse pipeline of workers who are prepared for
	19	+	17 careers in the construction and building trades. Upon
	20	+	18 completion of the Illinois Works Preapprenticeship Program,
	21	+	19 the candidates will be skilled and work-ready.
	22	+	20 (b) There is created the Illinois Works Fund, a special
	23	+	21 fund in the State treasury. The Illinois Works Fund shall be
	24	+	22 administered by the Department. The Illinois Works Fund shall
	25	+	23 be used to provide funding for community-based organizations
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33		-	throughout the State. In addition to any other transfers that
34		-	may be provided for by law, on and after July 1, 2019 at the
35		-	direction of the Director of the Governor's Office of
36		-	Management and Budget, the State Comptroller shall direct and
37		-	the State Treasurer shall transfer amounts not exceeding a
38		-	total of $25,000,000 from the Rebuild Illinois Projects Fund
39		-	to the Illinois Works Fund.
40		-	(c) Each community-based organization that receives
41		-	funding from the Illinois Works Fund shall provide an annual
42		-	report to the Illinois Works Review Panel by April 1 of each
43		-	calendar year. The annual report shall include the following
44		-	information:
45		-	(1) a description of the community-based
46		-	organization's recruitment, screening, and training
47		-	efforts;
48		-	(2) the number of individuals who apply to,
49		-	participate in, and complete the community-based
50		-	organization's program, broken down by race, gender, age,
51		-	and veteran status; and
52		-	(3) the number of the individuals referenced in item (2)
53		-	of this subsection who are initially accepted and placed
54		-	into apprenticeship programs in the construction and
55		-	building trades.
56		-	(d) The Department shall create and administer the
57		-	Illinois Works Bid Credit Program that shall provide economic
58		-	incentives, through bid credits, to encourage contractors and
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	34	+	1 throughout the State. In addition to any other transfers that
	35	+	2 may be provided for by law, on and after July 1, 2019 at the
	36	+	3 direction of the Director of the Governor's Office of
	37	+	4 Management and Budget, the State Comptroller shall direct and
	38	+	5 the State Treasurer shall transfer amounts not exceeding a
	39	+	6 total of $25,000,000 from the Rebuild Illinois Projects Fund
	40	+	7 to the Illinois Works Fund.
	41	+	8 (c) Each community-based organization that receives
	42	+	9 funding from the Illinois Works Fund shall provide an annual
	43	+	10 report to the Illinois Works Review Panel by April 1 of each
	44	+	11 calendar year. The annual report shall include the following
	45	+	12 information:
	46	+	13 (1) a description of the community-based
	47	+	14 organization's recruitment, screening, and training
	48	+	15 efforts;
	49	+	16 (2) the number of individuals who apply to,
	50	+	17 participate in, and complete the community-based
	51	+	18 organization's program, broken down by race, gender, age,
	52	+	19 and veteran status; and
	53	+	20 (3) the number of the individuals referenced in item (2)
	54	+	21 of this subsection who are initially accepted and placed
	55	+	22 into apprenticeship programs in the construction and
	56	+	23 building trades.
	57	+	24 (d) The Department shall create and administer the
	58	+	25 Illinois Works Bid Credit Program that shall provide economic
	59	+	26 incentives, through bid credits, to encourage contractors and
59	60
60	61
61		-	subcontractors to provide contracting and employment
62		-	opportunities to historically underrepresented populations in
63		-	the construction industry.
64		-	The Illinois Works Bid Credit Program shall allow
65		-	contractors and subcontractors to earn bid credits for use
66		-	toward future bids for public works projects contracted by the
67		-	State or an agency of the State in order to increase the
68		-	chances that the contractor and the subcontractors will be
69		-	selected.
70		-	Contractors or subcontractors may be eligible to earn for
71		-	bid credits for employing apprentices who have completed the
72		-	Illinois Works Preapprenticeship Program on public works
73		-	projects contracted by the State or any agency of the State.
74		-	Contractors or subcontractors shall earn bid credits at a rate
75		-	established by the Department and based on labor hours worked
76		-	on State-contracted public works projects by apprentices who
77		-	have completed the Illinois Works Preapprenticeship Program.
78		-	In order to earn bid credits, contractors and subcontractors
79		-	shall provide the Department with certified payroll
80		-	documenting the hours performed by apprentices who have
81		-	completed the Illinois Works Preapprenticeship Program.
82		-	Contractors and subcontractors can use bid credits toward
83		-	future bids for public works projects contracted or funded by
84		-	the State or an agency of the State in order to increase the
85		-	likelihood of being selected as the contractor for the public
86		-	works project toward which they have applied the bid credit.
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89		-	The Department shall establish the rate by rule and shall
90		-	publish it on the Department's website. The rule may include
91		-	maximum bid credits allowed per contractor, per subcontractor,
92		-	per apprentice, per bid, or per year.
93		-	The Illinois Works Credit Bank is hereby created and shall
94		-	be administered by the Department. The Illinois Works Credit
95		-	Bank shall track the bid credits.
96		-	A contractor or subcontractor who has been awarded bid
97		-	credits under any other State program for employing
98		-	apprentices who have completed the Illinois Works
99		-	Preapprenticeship Program is not eligible to receive bid
100		-	credits under the Illinois Works Bid Credit Program relating
101		-	to the same contract.
102		-	The Department shall report to the Illinois Works Review
103		-	Panel the following: (i) the number of bid credits awarded by
104		-	the Department; (ii) the number of bid credits submitted by
105		-	the contractor or subcontractor to the agency administering
106		-	the public works contract; and (iii) the number of bid credits
107		-	accepted by the agency for such contract. Any agency that
108		-	awards bid credits pursuant to the Illinois Works Credit Bank
109		-	Program shall report to the Department the number of bid
110		-	credits it accepted for the public works contract.
111		-	Upon a finding that a contractor or subcontractor has
112		-	reported falsified records to the Department in order to
113		-	fraudulently obtain bid credits, the Department may bar the
114		-	contractor or subcontractor from participating in the Illinois
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117		-	Works Bid Credit Program and may suspend the contractor or
118		-	subcontractor from bidding on or participating in any public
119		-	works project. False or fraudulent claims for payment relating
120		-	to false bid credits may be subject to damages and penalties
121		-	under applicable law.
122		-	(e) The Department shall adopt any rules deemed necessary
123		-	to implement this Section. In order to provide for the
124		-	expeditious and timely implementation of this Act, the
125		-	Department may adopt emergency rules. The adoption of
126		-	emergency rules authorized by this subsection is deemed to be
127		-	necessary for the public interest, safety, and welfare.
128		-	(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
129		-	(30 ILCS 559/20-20)
130		-	Sec. 20-20. Illinois Works Apprenticeship Initiative.
131		-	(a) The Illinois Works Apprenticeship Initiative is
132		-	established and shall be administered by the Department.
133		-	(1) Subject to the exceptions set forth in subsection
134		-	(b) of this Section, apprentices shall be utilized on all
135		-	public works projects estimated to cost $500,000 or more
136		-	in accordance with this subsection (a).
137		-	(2) For public works projects estimated to cost
138		-	$500,000 or more, the goal of the Illinois Works
139		-	Apprenticeship Initiative is that apprentices will perform
140		-	either 10% of the total labor hours actually worked in
141		-	each prevailing wage classification or 10% of the
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	70	+	1 subcontractors to provide contracting and employment
	71	+	2 opportunities to historically underrepresented populations in
	72	+	3 the construction industry.
	73	+	4 The Illinois Works Bid Credit Program shall allow
	74	+	5 contractors and subcontractors to earn bid credits for use
	75	+	6 toward future bids for public works projects contracted by the
	76	+	7 State or an agency of the State in order to increase the
	77	+	8 chances that the contractor and the subcontractors will be
	78	+	9 selected.
	79	+	10 Contractors or subcontractors may be eligible to earn for
	80	+	11 bid credits for employing apprentices who have completed the
	81	+	12 Illinois Works Preapprenticeship Program on public works
	82	+	13 projects contracted by the State or any agency of the State.
	83	+	14 Contractors or subcontractors shall earn bid credits at a rate
	84	+	15 established by the Department and based on labor hours worked
	85	+	16 on State-contracted public works projects by apprentices who
	86	+	17 have completed the Illinois Works Preapprenticeship Program.
	87	+	18 In order to earn bid credits, contractors and subcontractors
	88	+	19 shall provide the Department with certified payroll
	89	+	20 documenting the hours performed by apprentices who have
	90	+	21 completed the Illinois Works Preapprenticeship Program.
	91	+	22 Contractors and subcontractors can use bid credits toward
	92	+	23 future bids for public works projects contracted or funded by
	93	+	24 the State or an agency of the State in order to increase the
	94	+	25 likelihood of being selected as the contractor for the public
	95	+	26 works project toward which they have applied the bid credit.
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144		-	estimated labor hours in each prevailing wage
145		-	classification, whichever is less. For contracts and grant
146		-	agreements executed after the effective date of this
147		-	amendatory Act of the 103rd General Assembly and before
148		-	January 1, 2024, of this goal, at least 25% of the labor
149		-	hours of each prevailing wage classification performed by
150		-	apprentices shall be performed by graduates of the
151		-	Illinois Works Preapprenticeship Program, the Illinois
152		-	Climate Works Preapprenticeship Program, or the Highway
153		-	Construction Careers Training Program. For contracts and
154		-	grant agreements executed on or after January 1, 2024, of
155		-	this goal, at least 50% of the labor hours of each
156		-	prevailing wage classification performed by apprentices
157		-	shall be performed by graduates of the Illinois Works
158		-	Preapprenticeship Program, the Illinois Climate Works
159		-	Preapprenticeship Program, or the Highway Construction
160		-	Careers Training Program.
161		-	(b) Before or during the term of a contract subject to this
162		-	Section, the Department may reduce or waive the goals set
163		-	forth in paragraph (2) of subsection (a). Prior to the
164		-	Department granting a request for a reduction or waiver, the
165		-	Department shall determine, in its discretion, whether to hold
166		-	a public hearing on the request. In determining whether to
167		-	hold a public hearing, the Department may consider factors,
168		-	including the scale of the project and whether the contractor
169		-	or subcontractor seeking the reduction or waiver has
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171	99
172		-	previously requested reductions or waivers on other projects.
173		-	The Department may also consult with the Business Enterprise
174		-	Council under the Business Enterprise for Minorities, Women,
175		-	and Persons with Disabilities Act and the Chief Procurement
176		-	Officer of the agency administering the public works contract.
177		-	The Department may grant a reduction or waiver upon a
178		-	determination that:
179		-	(1) the contractor or subcontractor has demonstrated
180		-	that insufficient apprentices are available;
181		-	(2) the reasonable and necessary requirements of the
182		-	contract do not allow the goal to be met;
183		-	(3) there is a disproportionately high ratio of
184		-	material costs to labor hours that makes meeting the goal
185		-	infeasible; or
186		-	(4) apprentice labor hour goals conflict with existing
187		-	requirements, including federal requirements, in
188		-	connection with the public work; or .
189		-	(5) the contractor or subcontractor has demonstrated
190		-	that insufficient graduates of the Illinois Works
191		-	Preapprenticeship Program are available to meet the
192		-	requirements of paragraph (2) of subsection (a).
193		-	(c) Contractors and subcontractors must submit a
194		-	certification to the Department and the agency that is
195		-	administering the contract, or the grant agreement funding the
196		-	contract, demonstrating that the contractor or subcontractor
197		-	has either:
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200		-	(1) met the apprentice labor hour goals set forth in
201		-	paragraph (2) of subsection (a); or
202		-	(2) received a reduction or waiver pursuant to
203		-	subsection (b); or .
204		-	(3) not complied with the labor hour goals in
205		-	paragraph (2) of subsection (a) and did not receive a
206		-	reduction or waiver pursuant to subsection (b).
207		-	It shall be deemed to be a material breach of the contract,
208		-	or the grant agreement funding the contract, and entitle the
209		-	State to declare a default, terminate the contract or grant
210		-	agreement funding it, and exercise those remedies provided for
211		-	in the contract, at law, or in equity if the contractor or
212		-	subcontractor fails to submit the certification required in
213		-	this subsection or submits false or misleading information.
214		-	Intentional failure to comply with the Illinois Works
215		-	Apprenticeship Initiative may result in the State agency that
216		-	contracted or funded the public works project: (i) terminating
217		-	the contract or agreement involved, (ii) prohibiting the party
218		-	that contracted with the State from participating in public
219		-	contracts or agreements for a period not to exceed 3 years,
220		-	(iii) seeking a penalty of up to 25% of the contract or
221		-	agreement as a result of the violation, or (iv) any
222		-	combination of items (i) through (iii). State agencies shall
223		-	report to the Department all projects that did not comply with
224		-	the Illinois Works Apprenticeship Initiative and any action
225		-	taken against the noncompliant party and shall provide an
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	106	+	1 The Department shall establish the rate by rule and shall
	107	+	2 publish it on the Department's website. The rule may include
	108	+	3 maximum bid credits allowed per contractor, per subcontractor,
	109	+	4 per apprentice, per bid, or per year.
	110	+	5 The Illinois Works Credit Bank is hereby created and shall
	111	+	6 be administered by the Department. The Illinois Works Credit
	112	+	7 Bank shall track the bid credits.
	113	+	8 A contractor or subcontractor who has been awarded bid
	114	+	9 credits under any other State program for employing
	115	+	10 apprentices who have completed the Illinois Works
	116	+	11 Preapprenticeship Program is not eligible to receive bid
	117	+	12 credits under the Illinois Works Bid Credit Program relating
	118	+	13 to the same contract.
	119	+	14 The Department shall report to the Illinois Works Review
	120	+	15 Panel the following: (i) the number of bid credits awarded by
	121	+	16 the Department; (ii) the number of bid credits submitted by
	122	+	17 the contractor or subcontractor to the agency administering
	123	+	18 the public works contract; and (iii) the number of bid credits
	124	+	19 accepted by the agency for such contract. Any agency that
	125	+	20 awards bid credits pursuant to the Illinois Works Credit Bank
	126	+	21 Program shall report to the Department the number of bid
	127	+	22 credits it accepted for the public works contract.
	128	+	23 Upon a finding that a contractor or subcontractor has
	129	+	24 reported falsified records to the Department in order to
	130	+	25 fraudulently obtain bid credits, the Department may bar the
	131	+	26 contractor or subcontractor from participating in the Illinois
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227	133
228		-	action plan to address the reported instance of noncompliance
229		-	with the Illinois Works Apprenticeship Initiative.
230		-	(d) No later than one year after the effective date of this
231		-	Act, and by April 1 of every calendar year thereafter, the
232		-	Department of Labor shall submit a report to the Illinois
233		-	Works Review Panel regarding the use of apprentices under the
234		-	Illinois Works Apprenticeship Initiative for public works
235		-	projects. To the extent it is available, the report shall
236		-	include the following information:
237		-	(1) the total number of labor hours on each project
238		-	and the percentage of labor hours actually worked by
239		-	apprentices on each public works project;
240		-	(2) the number of apprentices used in each public
241		-	works project, broken down by trade; and
242		-	(3) the number and percentage of minorities, women,
243		-	and veterans utilized as apprentices on each public works
244		-	project.
245		-	(e) The Department shall adopt any rules deemed necessary
246		-	to implement the Illinois Works Apprenticeship Initiative. In
247		-	order to provide for the expeditious and timely implementation
248		-	of this Act, the Department may adopt emergency rules. The
249		-	adoption of emergency rules authorized by this subsection is
250		-	deemed to be necessary for the public interest, safety, and
251		-	welfare.
252		-	(f) The Illinois Works Apprenticeship Initiative shall not
253		-	interfere with any contracts or grants in existence on the
254	134
255	135
256		-	effective date of this Act.
257		-	(g) Notwithstanding any provisions to the contrary in this
258		-	Act, any State agency that administers a construction program
259		-	for which federal law or regulations establish standards and
260		-	procedures for the utilization of apprentices may implement
261		-	the Illinois Works Apprenticeship Initiative using the federal
262		-	standards and procedures for the establishment of goals and
263		-	utilization procedures for the State-funded, as well as the
264		-	federally assisted, portions of the program. In such cases,
265		-	these goals shall not exceed those established pursuant to the
266		-	relevant federal statutes or regulations.
267		-	(h) The Department shall maintain a list of graduates of
268		-	the Illinois Works Preapprenticeship Program for a period of
269		-	not less than one year after the participant graduates from
270		-	the Program. The list shall include the name, address, county
271		-	of residence, phone number, email address, and the
272		-	self-attested construction and building trade career path
273		-	preferences of each graduate. This list shall be made
274		-	available to any contractor or subcontractor, as well as any
275		-	apprenticeship program approved by and registered with the
276		-	United States Department of Labor's Bureau of Apprenticeship
277		-	and Training in alignment with the graduate's self-attested
278		-	construction and building trade career path preferences.
279		-	(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
280		-	Section 99. Effective date. This Act takes effect upon
281		-	becoming law.
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	142	+	1 Works Bid Credit Program and may suspend the contractor or
	143	+	2 subcontractor from bidding on or participating in any public
	144	+	3 works project. False or fraudulent claims for payment relating
	145	+	4 to false bid credits may be subject to damages and penalties
	146	+	5 under applicable law.
	147	+	6 (e) The Department shall adopt any rules deemed necessary
	148	+	7 to implement this Section. In order to provide for the
	149	+	8 expeditious and timely implementation of this Act, the
	150	+	9 Department may adopt emergency rules. The adoption of
	151	+	10 emergency rules authorized by this subsection is deemed to be
	152	+	11 necessary for the public interest, safety, and welfare.
	153	+	12 (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
	154	+	13 (30 ILCS 559/20-20)
	155	+	14 Sec. 20-20. Illinois Works Apprenticeship Initiative.
	156	+	15 (a) The Illinois Works Apprenticeship Initiative is
	157	+	16 established and shall be administered by the Department.
	158	+	17 (1) Subject to the exceptions set forth in subsection
	159	+	18 (b) of this Section, apprentices shall be utilized on all
	160	+	19 public works projects estimated to cost $500,000 or more
	161	+	20 in accordance with this subsection (a).
	162	+	21 (2) For public works projects estimated to cost
	163	+	22 $500,000 or more, the goal of the Illinois Works
	164	+	23 Apprenticeship Initiative is that apprentices will perform
	165	+	24 either 10% of the total labor hours actually worked in
	166	+	25 each prevailing wage classification or 10% of the
	167	+
	168	+
	169	+
	170	+
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	177	+	1 estimated labor hours in each prevailing wage
	178	+	2 classification, whichever is less. For contracts and grant
	179	+	3 agreements executed after the effective date of this
	180	+	4 amendatory Act of the 103rd General Assembly and before
	181	+	5 January 1, 2024, of this goal, at least 25% of the labor
	182	+	6 hours of each prevailing wage classification performed by
	183	+	7 apprentices shall be performed by graduates of the
	184	+	8 Illinois Works Preapprenticeship Program, the Illinois
	185	+	9 Climate Works Preapprenticeship Program, or the Highway
	186	+	10 Construction Careers Training Program. For contracts and
	187	+	11 grant agreements executed on or after January 1, 2024, of
	188	+	12 this goal, at least 50% of the labor hours of each
	189	+	13 prevailing wage classification performed by apprentices
	190	+	14 shall be performed by graduates of the Illinois Works
	191	+	15 Preapprenticeship Program, the Illinois Climate Works
	192	+	16 Preapprenticeship Program, or the Highway Construction
	193	+	17 Careers Training Program.
	194	+	18 (b) Before or during the term of a contract subject to this
	195	+	19 Section, the Department may reduce or waive the goals set
	196	+	20 forth in paragraph (2) of subsection (a). Prior to the
	197	+	21 Department granting a request for a reduction or waiver, the
	198	+	22 Department shall determine, in its discretion, whether to hold
	199	+	23 a public hearing on the request. In determining whether to
	200	+	24 hold a public hearing, the Department may consider factors,
	201	+	25 including the scale of the project and whether the contractor
	202	+	26 or subcontractor seeking the reduction or waiver has
	203	+
	204	+
	205	+
	206	+
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	213	+	1 previously requested reductions or waivers on other projects.
	214	+	2 The Department may also consult with the Business Enterprise
	215	+	3 Council under the Business Enterprise for Minorities, Women,
	216	+	4 and Persons with Disabilities Act and the Chief Procurement
	217	+	5 Officer of the agency administering the public works contract.
	218	+	6 The Department may grant a reduction or waiver upon a
	219	+	7 determination that:
	220	+	8 (1) the contractor or subcontractor has demonstrated
	221	+	9 that insufficient apprentices are available;
	222	+	10 (2) the reasonable and necessary requirements of the
	223	+	11 contract do not allow the goal to be met;
	224	+	12 (3) there is a disproportionately high ratio of
	225	+	13 material costs to labor hours that makes meeting the goal
	226	+	14 infeasible; or
	227	+	15 (4) apprentice labor hour goals conflict with existing
	228	+	16 requirements, including federal requirements, in
	229	+	17 connection with the public work; or .
	230	+	18 (5) the contractor or subcontractor has demonstrated
	231	+	19 that insufficient graduates of the Illinois Works
	232	+	20 Preapprenticeship Program are available to meet the
	233	+	21 requirements of paragraph (2) of subsection (a).
	234	+	22 (c) Contractors and subcontractors must submit a
	235	+	23 certification to the Department and the agency that is
	236	+	24 administering the contract, or the grant agreement funding the
	237	+	25 contract, demonstrating that the contractor or subcontractor
	238	+	26 has either:
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	249	+	1 (1) met the apprentice labor hour goals set forth in
	250	+	2 paragraph (2) of subsection (a); or
	251	+	3 (2) received a reduction or waiver pursuant to
	252	+	4 subsection (b); or .
	253	+	5 (3) not complied with the labor hour goals in
	254	+	6 paragraph (2) of subsection (a) and did not receive a
	255	+	7 reduction or waiver pursuant to subsection (b).
	256	+	8 It shall be deemed to be a material breach of the contract,
	257	+	9 or the grant agreement funding the contract, and entitle the
	258	+	10 State to declare a default, terminate the contract or grant
	259	+	11 agreement funding it, and exercise those remedies provided for
	260	+	12 in the contract, at law, or in equity if the contractor or
	261	+	13 subcontractor fails to submit the certification required in
	262	+	14 this subsection or submits false or misleading information.
	263	+	15 Intentional failure to comply with the Illinois Works
	264	+	16 Apprenticeship Initiative may result in the State agency that
	265	+	17 contracted or funded the public works project: (i) terminating
	266	+	18 the contract or agreement involved, (ii) prohibiting the party
	267	+	19 that contracted with the State from participating in public
	268	+	20 contracts or agreements for a period not to exceed 3 years,
	269	+	21 (iii) seeking a penalty of up to 25% of the contract or
	270	+	22 agreement as a result of the violation, or (iv) any
	271	+	23 combination of items (i) through (iii). State agencies shall
	272	+	24 report to the Department all projects that did not comply with
	273	+	25 the Illinois Works Apprenticeship Initiative and any action
	274	+	26 taken against the noncompliant party and shall provide an
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	285	+	1 action plan to address the reported instance of noncompliance
	286	+	2 with the Illinois Works Apprenticeship Initiative.
	287	+	3 (d) No later than one year after the effective date of this
	288	+	4 Act, and by April 1 of every calendar year thereafter, the
	289	+	5 Department of Labor shall submit a report to the Illinois
	290	+	6 Works Review Panel regarding the use of apprentices under the
	291	+	7 Illinois Works Apprenticeship Initiative for public works
	292	+	8 projects. To the extent it is available, the report shall
	293	+	9 include the following information:
	294	+	10 (1) the total number of labor hours on each project
	295	+	11 and the percentage of labor hours actually worked by
	296	+	12 apprentices on each public works project;
	297	+	13 (2) the number of apprentices used in each public
	298	+	14 works project, broken down by trade; and
	299	+	15 (3) the number and percentage of minorities, women,
	300	+	16 and veterans utilized as apprentices on each public works
	301	+	17 project.
	302	+	18 (e) The Department shall adopt any rules deemed necessary
	303	+	19 to implement the Illinois Works Apprenticeship Initiative. In
	304	+	20 order to provide for the expeditious and timely implementation
	305	+	21 of this Act, the Department may adopt emergency rules. The
	306	+	22 adoption of emergency rules authorized by this subsection is
	307	+	23 deemed to be necessary for the public interest, safety, and
	308	+	24 welfare.
	309	+	25 (f) The Illinois Works Apprenticeship Initiative shall not
	310	+	26 interfere with any contracts or grants in existence on the
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	321	+	1 effective date of this Act.
	322	+	2 (g) Notwithstanding any provisions to the contrary in this
	323	+	3 Act, any State agency that administers a construction program
	324	+	4 for which federal law or regulations establish standards and
	325	+	5 procedures for the utilization of apprentices may implement
	326	+	6 the Illinois Works Apprenticeship Initiative using the federal
	327	+	7 standards and procedures for the establishment of goals and
	328	+	8 utilization procedures for the State-funded, as well as the
	329	+	9 federally assisted, portions of the program. In such cases,
	330	+	10 these goals shall not exceed those established pursuant to the
	331	+	11 relevant federal statutes or regulations.
	332	+	12 (h) The Department shall maintain a list of graduates of
	333	+	13 the Illinois Works Preapprenticeship Program for a period of
	334	+	14 not less than one year after the participant graduates from
	335	+	15 the Program. The list shall include the name, address, county
	336	+	16 of residence, phone number, email address, and the
	337	+	17 self-attested construction and building trade career path
	338	+	18 preferences of each graduate. This list shall be made
	339	+	19 available to any contractor or subcontractor, as well as any
	340	+	20 apprenticeship program approved by and registered with the
	341	+	21 United States Department of Labor's Bureau of Apprenticeship
	342	+	22 and Training in alignment with the graduate's self-attested
	343	+	23 construction and building trade career path preferences.
	344	+	24 (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
	345	+	25 Section 99. Effective date. This Act takes effect upon
	346	+	26 becoming law.
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