Illinois 2023-2024 Regular Session

Illinois House Bill HB2839 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2839 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: See Index Creates the Investing in Illinois Works Tax Credit Act. Authorizes owners and operators of facilities that are used for petrochemical refining and chemical manufacturing and that emit or may emit certain regulated air pollutants to claim an income tax credit for each individual from an underrepresented population who is employed by the owner or operator and has successfully completed a preapprenticeship program through the Illinois Works Preapprenticeship Program and who either is a registered apprentice under the Illinois Hazardous Materials Workforce Training Act or has successfully completed a registered apprenticeship program. Caps the amount of the credit at $2,500 per qualified employee per year. Contains provisions concerning the process of applying for the credit, the award of the credit, and penalties for false or fraudulent claims. Requires the Department of Commerce and Economic Opportunity to adopt rules necessary to implement and administer the Act. Creates the Access to Apprenticeship Act. Provides that no application for a preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance to the preapprenticeship or apprenticeship program. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the owners and operators of the facilities described above, when contracting for performance of construction work at those facilities, shall require their contractors and subcontractors to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and to include that requirement in all contracts executed between the owner or operator and a contractor or subcontractor. Contains various other provisions, including provisions concerning exemptions, penalties, and enforcement of the Act's requirements. Requires the Department of Labor to adopt rules necessary to implement and administer the Act. Amends the Illinois Administrative Procedure Act. Grants the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Revenue emergency rulemaking powers. Amends the Illinois Income Tax Act to make conforming changes. Effective January 1, 2024. LRB103 30628 JDS 57080 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2839 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: See Index See Index Creates the Investing in Illinois Works Tax Credit Act. Authorizes owners and operators of facilities that are used for petrochemical refining and chemical manufacturing and that emit or may emit certain regulated air pollutants to claim an income tax credit for each individual from an underrepresented population who is employed by the owner or operator and has successfully completed a preapprenticeship program through the Illinois Works Preapprenticeship Program and who either is a registered apprentice under the Illinois Hazardous Materials Workforce Training Act or has successfully completed a registered apprenticeship program. Caps the amount of the credit at $2,500 per qualified employee per year. Contains provisions concerning the process of applying for the credit, the award of the credit, and penalties for false or fraudulent claims. Requires the Department of Commerce and Economic Opportunity to adopt rules necessary to implement and administer the Act. Creates the Access to Apprenticeship Act. Provides that no application for a preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance to the preapprenticeship or apprenticeship program. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the owners and operators of the facilities described above, when contracting for performance of construction work at those facilities, shall require their contractors and subcontractors to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and to include that requirement in all contracts executed between the owner or operator and a contractor or subcontractor. Contains various other provisions, including provisions concerning exemptions, penalties, and enforcement of the Act's requirements. Requires the Department of Labor to adopt rules necessary to implement and administer the Act. Amends the Illinois Administrative Procedure Act. Grants the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Revenue emergency rulemaking powers. Amends the Illinois Income Tax Act to make conforming changes. Effective January 1, 2024. LRB103 30628 JDS 57080 b LRB103 30628 JDS 57080 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2839 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Investing in Illinois Works Tax Credit Act. Authorizes owners and operators of facilities that are used for petrochemical refining and chemical manufacturing and that emit or may emit certain regulated air pollutants to claim an income tax credit for each individual from an underrepresented population who is employed by the owner or operator and has successfully completed a preapprenticeship program through the Illinois Works Preapprenticeship Program and who either is a registered apprentice under the Illinois Hazardous Materials Workforce Training Act or has successfully completed a registered apprenticeship program. Caps the amount of the credit at $2,500 per qualified employee per year. Contains provisions concerning the process of applying for the credit, the award of the credit, and penalties for false or fraudulent claims. Requires the Department of Commerce and Economic Opportunity to adopt rules necessary to implement and administer the Act. Creates the Access to Apprenticeship Act. Provides that no application for a preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance to the preapprenticeship or apprenticeship program. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the owners and operators of the facilities described above, when contracting for performance of construction work at those facilities, shall require their contractors and subcontractors to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and to include that requirement in all contracts executed between the owner or operator and a contractor or subcontractor. Contains various other provisions, including provisions concerning exemptions, penalties, and enforcement of the Act's requirements. Requires the Department of Labor to adopt rules necessary to implement and administer the Act. Amends the Illinois Administrative Procedure Act. Grants the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Revenue emergency rulemaking powers. Amends the Illinois Income Tax Act to make conforming changes. Effective January 1, 2024.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning apprenticeships.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 ARTICLE 1. INVESTING IN ILLINOIS WORKS TAX CREDIT ACT
15	15	5 Section 1-1. Short title. This Article may be cited as the
16	16	6 Investing in Illinois Works Tax Credit Act. References in this
17	17	7 Article to "this Act" mean this Article.
18	18	8 Section 1-3. Legislative findings. The General Assembly
19	19	9 finds that:
20	20	10 Economic research indicates that registered apprenticeship
21	21	11 programs have positive economic impacts, and countries with
22	22	12 more widespread usage of apprenticeship programs have proven
23	23	13 to be more successful at transitioning young workers into
24	24	14 stable jobs, resulting in lower youth unemployment rates.
25	25	15 The demographics of registered apprenticeship programs in
26	26	16 our State do not mirror the demographic diversity of
27	27	17 Illinoisans. According to data from the U.S. Department of
28	28	18 Labor's Office of Apprenticeship, from 2000 through 2016, only
29	29	19 8.8% of all construction apprentices were African American and
30	30	20 17.6% were Hispanic or Latino/Latina, while 69.6% were white.
31	31	21 In order to work toward a level playing field for all who
32	32	22 seek the training and economic stability apprenticeships
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2839 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Creates the Investing in Illinois Works Tax Credit Act. Authorizes owners and operators of facilities that are used for petrochemical refining and chemical manufacturing and that emit or may emit certain regulated air pollutants to claim an income tax credit for each individual from an underrepresented population who is employed by the owner or operator and has successfully completed a preapprenticeship program through the Illinois Works Preapprenticeship Program and who either is a registered apprentice under the Illinois Hazardous Materials Workforce Training Act or has successfully completed a registered apprenticeship program. Caps the amount of the credit at $2,500 per qualified employee per year. Contains provisions concerning the process of applying for the credit, the award of the credit, and penalties for false or fraudulent claims. Requires the Department of Commerce and Economic Opportunity to adopt rules necessary to implement and administer the Act. Creates the Access to Apprenticeship Act. Provides that no application for a preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance to the preapprenticeship or apprenticeship program. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the owners and operators of the facilities described above, when contracting for performance of construction work at those facilities, shall require their contractors and subcontractors to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and to include that requirement in all contracts executed between the owner or operator and a contractor or subcontractor. Contains various other provisions, including provisions concerning exemptions, penalties, and enforcement of the Act's requirements. Requires the Department of Labor to adopt rules necessary to implement and administer the Act. Amends the Illinois Administrative Procedure Act. Grants the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Revenue emergency rulemaking powers. Amends the Illinois Income Tax Act to make conforming changes. Effective January 1, 2024.
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42	42	A BILL FOR
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67	67	1 provide, Illinois created the Illinois Works Preapprenticeship
68	68	2 Program, which funds preapprenticeship skills training through
69	69	3 community-based organizations serving populations that have,
70	70	4 historically, been met with barriers to entry or advancement
71	71	5 in the workforce.
72	72	6 By targeting historically underutilized communities whose
73	73	7 members seek access to the upward mobility and career
74	74	8 advancement apprenticeships bring, the Illinois Works
75	75	9 Preapprenticeship Program is one part of many State
76	76	10 initiatives to increase diversity in apprenticeship programs
77	77	11 and careers in the construction and building trades.
78	78	12 The Investing in Illinois Works Tax Credit expands the
79	79	13 goals of the Illinois Works Preapprenticeship Program to
80	80	14 private construction projects and highly skilled training
81	81	15 programs by incentivizing contractors to include as part of
82	82	16 their skilled and trained workforces on projects at
83	83	17 high-hazard facilities graduates of preapprenticeship programs
84	84	18 funded by the Illinois Works Preapprenticeship Program who are
85	85	19 also participants in or graduates of registered apprenticeship
86	86	20 programs.
87	87	21 Section 1-5. Definitions. As used in this Act:
88	88	22 "Department" means the Department of Commerce and Economic
89	89	23 Opportunity.
90	90	24 "Illinois Works Preapprenticeship Program" means a network
91	91	25 of community-based, nonprofit organizations throughout
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102	102	1 Illinois that receive grant funding from the Department to
103	103	2 recruit, prescreen, and provide preapprenticeship skill
104	104	3 training to create a qualified, diverse pipeline of workers
105	105	4 who are prepared for careers in the construction and building
106	106	5 trades as prescribed in Section 20-15 of the Illinois Works
107	107	6 Jobs Program Act.
108	108	7 "Owner or operator" has the meaning provided in Section 5
109	109	8 of the Illinois Hazardous Materials Workforce Training Act.
110	110	9 "Qualifying employee" means a qualifying graduate who was
111	111	10 continuously employed by the owner or operator or a contractor
112	112	11 engaged by the owner or operator in Illinois during all 4
113	113	12 reporting periods occurring in the calendar year directly
114	114	13 preceding the calendar year in which the credit is claimed.
115	115	14 "Qualifying graduate" means an individual from an
116	116	15 underrepresented population who has successfully completed a
117	117	16 preapprenticeship program through the Illinois Works
118	118	17 Preapprenticeship Program in compliance with the requirements
119	119	18 of Section 20-15 of the Illinois Works Jobs Programs Act and
120	120	19 who either is a registered apprentice as defined under Section
121	121	20 10-5 of the Illinois Hazardous Materials Workforce Training
122	122	21 Act or has successfully completed a registered apprenticeship
123	123	22 program as defined under Section 10-5 of the Illinois
124	124	23 Hazardous Materials Workforce Training Act.
125	125	24 "Registered apprenticeship program" has the same meaning
126	126	25 as provided in Section 10-5 of the Illinois Hazardous
127	127	26 Materials Workforce Training Act.
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138	138	1 "Reporting period" means the quarter for which a return is
139	139	2 required to be filed under subsection (b) of Section 704A of
140	140	3 the Illinois Income Tax Act.
141	141	4 "Skilled and trained workforce" has the meaning provided
142	142	5 in Section 10-5 of the Illinois Hazardous Materials Workforce
143	143	6 Training Act.
144	144	7 "Tax credit certificate" means the certificate awarded by
145	145	8 the Department under Section 1-20 of this Act.
146	146	9 "Underrepresented population" has the meaning provided in
147	147	10 Section 20-10 of the Illinois Works Job Program Act.
148	148	11 Section 1-10. Credit amount. For taxable years beginning
149	149	12 on or after January 1, 2024, subject to the limitations
150	150	13 provided in this Act, an owner or operator may claim, as a
151	151	14 credit against the tax imposed under subsections (a) and (b)
152	152	15 of Section 201 of the Illinois Income Tax Act, an amount equal
153	153	16 to the amount of Illinois income tax withheld from the
154	154	17 compensation paid to each qualifying employee and paid to the
155	155	18 Department of Revenue, not to exceed $2,500 per calendar year
156	156	19 for each qualifying employee, as certified by the Department
157	157	20 on a tax credit certificate awarded under this Act.
158	158	21 Section 1-15. Application process.
159	159	22 (a) An owner or operator may apply to the Department for a
160	160	23 certificate to receive a credit under Section 1-10.
161	161	24 (b) The Department shall establish an application process
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172	172	1 to certify an owner or operator for the credit under Section
173	173	2 1-10 as necessary for implementation of this Act. As part of
174	174	3 the application process, the Department shall require the
175	175	4 owner or operator to provide:
176	176	5 (1) the name, year, and name of the organization that
177	177	6 sponsored or administered the program through which each
178	178	7 qualifying employee completed his or her Illinois Works
179	179	8 Preapprenticeship Program and apprenticeship program;
180	180	9 (2) the receipt provided to the worker by the
181	181	10 Department of Labor stating that the qualifying employee
182	182	11 has provided a certificate to the Department of Labor
183	183	12 certifying that the employee has completed the minimum
184	184	13 approved safety training required by the Illinois
185	185	14 Hazardous Materials Workforce Training Act and when the
186	186	15 employee's certification in that training expires;
187	187	16 (3) the hours worked by the qualifying employee that
188	188	17 are to be applied toward the employee's apprenticeship
189	189	18 requirements at the time of the application;
190	190	19 (4) a signed affidavit from the owner or operator
191	191	20 attesting that (i) the qualifying employee was employed by
192	192	21 the owner or operator or a contractor engaged by the owner
193	193	22 or operator during all 4 reporting periods occurring
194	194	23 during the calendar year preceding the calendar year in
195	195	24 which the credit will be applied; (ii) the qualifying
196	196	25 employee performed work in his or her prevailing wage
197	197	26 classification for the duration of his or her employment
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208	208	1 in the calendar year preceding the calendar year in which
209	209	2 the credit will be applied; (iii) the documents provided
210	210	3 in the application are true; and (iv) the owner or
211	211	4 operator will comply with all applicable laws; and
212	212	5 (5) any other material required by the Department.
213	213	6 Section 1-20. Credit awards.
214	214	7 (a) Upon satisfactory review, the Department shall issue a
215	215	8 tax credit certificate stating the amount of the tax credit to
216	216	9 which an owner or operator is entitled under this Act. Each
217	217	10 certificate shall include a unique identifying number. The
218	218	11 credit shall be claimed on the return for the taxable year
219	219	12 during which the certificate is issued by the Department. The
220	220	13 credit shall be equal to the amount shown on the certificate
221	221	14 but may not reduce the taxpayer's obligation for any payment
222	222	15 due under subsections (a) and (b) of Section 201 of the
223	223	16 Illinois Income Tax Act to less than zero. For partners and
224	224	17 shareholders of Subchapter S corporations, there shall be
225	225	18 allowed a credit under this subsection to be determined in
226	226	19 accordance with the determination of income and distributive
227	227	20 share of income under Sections 702 and 704 and Subchapter S of
228	228	21 the Internal Revenue Code. If the amount of the credit exceeds
229	229	22 the total payments due as described below, the excess may be
230	230	23 carried forward and applied against the taxpayer's liability
231	231	24 under subsections (a) and (b) of Section 201 of the Illinois
232	232	25 Income Tax Act in the 5 succeeding taxable years. The credit
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243	243	1 shall be applied to the earliest taxable year for which there
244	244	2 is a tax liability. If there are credits from more than one
245	245	3 taxable year that are available to offset a liability, the
246	246	4 earlier credit shall be applied first. No credit awarded under
247	247	5 this Act shall be sold or otherwise transferred.
248	248	6 (b) The Department shall award not more than an aggregate
249	249	7 amount of $20,000,000 in total annual tax credits under this
250	250	8 Act. If applications for a greater amount are received,
251	251	9 credits shall be allocated on a first-come, first-served basis
252	252	10 based on the date upon which each properly completed
253	253	11 application for certification is received by the Department.
254	254	12 If more than one properly completed application for
255	255	13 certification is received on the same day, the credits shall
256	256	14 be awarded based on the time of submission for that particular
257	257	15 day.
258	258	16 Section 1-25. Penalties; recapture.
259	259	17 (a) False or fraudulent claims for credits under this Act
260	260	18 may be subject to penalties as provided under Sections 3-5 or
261	261	19 3-6 of the Uniform Penalty and Interest Act, as applicable.
262	262	20 (b) If the Department determines that an owner or operator
263	263	21 who has received a credit under this Act does not comply with
264	264	22 the requirements of this Act or that a certification the owner
265	265	23 or operator made in his or her application is false, the
266	266	24 Department may initiate recapture procedures against the owner
267	267	25 or operator and, after notice and an opportunity for hearing,
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278	278	1 recapture the entire credit amount awarded under any tax
279	279	2 credit certificate issued under this Act. The Department shall
280	280	3 notify the Department of Revenue of any credits recaptured
281	281	4 under this subsection.
282	282	5 (c) If a previously awarded credit is required to be
283	283	6 recaptured under subsection (b), the tax due under subsections
284	284	7 (a) and (b) of Section 201 of the Illinois Income Tax Act shall
285	285	8 be increased by the amount of the recaptured credit in the
286	286	9 taxable year during which recapture is required.
287	287	10 Section 1-30. Rulemaking. The Department shall adopt rules
288	288	11 for the implementation and administration of this Act.
289	289	12 ARTICLE 5. ACCESS TO APPRENTICESHIP ACT
290	290	13 Section 5-1. Short title. This Article may be cited as the
291	291	14 Access to Apprenticeship Act. References in this Article to
292	292	15 "this Act" mean this Article.
293	293	16 Section 5-5. Restrictions on application requirements.
294	294	17 Notwithstanding any law to the contrary, in order to ensure
295	295	18 fair and equal access to apprenticeship programs, no
296	296	19 application for a preapprenticeship or apprenticeship program,
297	297	20 whether run by the State, a community-based organization, a
298	298	21 community college, a public university, a private employer, a
299	299	22 union, or joint labor-management program, may require a
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310	310	1 recommendation from a union member or any other person as a
311	311	2 condition of acceptance to the preapprenticeship or
312	312	3 apprenticeship program. An intent to hire letter from a
313	313	4 signatory contractor shall not be considered a recommendation
314	314	5 for purposes of this Act.
315	315	6 Section 5-97. Severability. The provisions of this Act are
316	316	7 severable under Section 1.31 of the Statute on Statutes.
317	317	8 ARTICLE 10. ILLINOIS HAZARDOUS MATERIALS WORKFORCE TRAINING
318	318	9 ACT
319	319	10 Section 10-1. Short title. This Article may be cited as
320	320	11 the Illinois Hazardous Materials Workforce Training Act.
321	321	12 References in this Article to "this Act" mean this Article.
322	322	13 Section 10-3. Legislative findings. The General Assembly
323	323	14 recognizes its duty to protect the health and safety of the
324	324	15 public. The General Assembly finds that this Act is consistent
325	325	16 with that duty. Facilities such as refineries and chemical
326	326	17 plants are inherently dangerous and present substantial risks
327	327	18 to workers and communities. According to U.S. Bureau of Labor
328	328	19 Statistics data from 2003 through 2018, 418 deaths have
329	329	20 occurred in the refining and chemical industries (51 and 366
330	330	21 respectively) nationwide. Research supports the finding that
331	331	22 registered construction apprenticeship programs are correlated
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342	342	1 with higher workplace safety due to the quality of safety
343	343	2 practices, the skills training provided, and adherence to
344	344	3 required federal standards. Moreover, the State of Illinois
345	345	4 has recognized that registered apprenticeship programs provide
346	346	5 substantial economic value to the State and serve as an
347	347	6 important pathway for workers to enter the industry. The
348	348	7 absence of area wage standards, especially in hazardous
349	349	8 industries, such as refining and chemical production,
350	350	9 incentivizes the use of less-skilled, low-wage workers and
351	351	10 increases the risk of danger to the public. The General
352	352	11 Assembly recognizes and affirms that maintaining area wage
353	353	12 standards prioritizes the use of better trained and
354	354	13 higher-skilled workers while contributing to the State's
355	355	14 economic growth.
356	356	15 Section 10-5. Definitions. As used in this Act:
357	357	16 "Apprenticeable occupation" means an occupation in the
358	358	17 building and construction trades for which training and
359	359	18 apprenticeship programs have been approved by and registered
360	360	19 with the United States Department of Labor's Employment and
361	361	20 Training Administration.
362	362	21 "Building and construction trades council" means any labor
363	363	22 organization that represents multiple construction trades and
364	364	23 monitors or is attentive to compliance with public or workers'
365	365	24 safety laws, wage and hour requirements, or other statutory
366	366	25 requirements and negotiates and maintains collective
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377	377	1 bargaining agreements.
378	378	2 "Construction" means all work at a stationary source
379	379	3 involving laborers, workers, or mechanics, including any
380	380	4 maintenance, repair, assembly, or disassembly work performed
381	381	5 on equipment whether owned, leased, or rented.
382	382	6 "Department" means the Department of Labor.
383	383	7 "Director" means the Director of Labor.
384	384	8 "Labor agreement" means a form of prehire collective
385	385	9 bargaining agreement covering all terms and conditions of
386	386	10 employment.
387	387	11 "Labor organization" means an organization that is the
388	388	12 exclusive representative of an employer's employees recognized
389	389	13 or certified under the federal National Labor Relations Act of
390	390	14 1935.
391	391	15 "Minimum approved safety training for workers at
392	392	16 high-hazard facilities" means a minimum 30-hour OSHA Outreach
393	393	17 Training Program for the Construction Industry class that
394	394	18 consists of a curriculum of OSHA-designated training topics
395	395	19 with training performed by an authorized OSHA Outreach
396	396	20 Training Program Trainer and that is intended to provide
397	397	21 workers with information about their rights, employer
398	398	22 responsibilities, safety and health hazards a worker may
399	399	23 encounter on a work site, as well as information about how to
400	400	24 identify, abate, avoid, and prevent job-related hazards by
401	401	25 emphasizing hazard identification, avoidance, control, and
402	402	26 prevention.
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413	413	1 "OSHA" means the United States Department of Labor's
414	414	2 Occupational Safety and Health Administration.
415	415	3 "Owner or operator" means an owner or operator of a
416	416	4 stationary source that is engaged in activities described in
417	417	5 Code 324110, 325110, 325193, or 325199 of the 2022 North
418	418	6 American Industry Classification System (NAICS) and that has
419	419	7 one or more covered processes for which a Risk Management Plan
420	420	8 is required to be prepared and submitted. "Owner or operator"
421	421	9 does not include oil and gas extraction operations.
422	422	10 "Prevailing hourly wage rate" means hourly wages plus
423	423	11 fringe benefits that are collectively equal to or greater than
424	424	12 the prevailing wage rate for the occupation in the locality in
425	425	13 which the work is being performed, as published by the
426	426	14 Illinois Department of Labor. Apprentice wage rate scales
427	427	15 filed with the United States Department of Labor by an
428	428	16 apprenticeship program may be used to identify a prevailing
429	429	17 wage rate for an occupation.
430	430	18 "Registered apprentice" means an apprentice who is
431	431	19 registered in an applicable apprenticeship program for an
432	432	20 apprenticeable occupation approved by and registered with the
433	433	21 United States Department of Labor's Employment and Training
434	434	22 Administration and who is being paid at least a rate
435	435	23 equivalent to the prevailing hourly wage rate for an
436	436	24 apprentice of his or her experience level, as permitted by
437	437	25 this Act, in the applicable occupation and locality.
438	438	26 "Registered apprenticeship program" means a training and
439	439
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449	449	1 apprenticeship program that is approved by and registered with
450	450	2 the United States Department of Labor's Employment and
451	451	3 Training Administration.
452	452	4 "Shift" means a set standard period of time during which
453	453	5 an employer requires its employees to perform, on as daily
454	454	6 basis, their work-related duties. For purposes of this
455	455	7 definition, there may be multiple shifts per day.
456	456	8 "Skilled journeyperson" means a worker who meets all of
457	457	9 the following criteria:
458	458	10 (1) the worker either graduated from a registered
459	459	11 apprenticeship program for the applicable occupation or
460	460	12 has at least as many hours of on-the-job experience in the
461	461	13 applicable occupation as would be required to graduate
462	462	14 from a registered apprenticeship program for the
463	463	15 applicable occupation;
464	464	16 (2) the worker is being paid at least a rate
465	465	17 equivalent to the prevailing hourly wage rate for a
466	466	18 journeyperson in the applicable occupation and locality;
467	467	19 and
468	468	20 (3) beginning on or after July 1, 2025, the worker has
469	469	21 completed, within the prior 3 calendar years, minimum
470	470	22 approved safety training for workers at high-hazard
471	471	23 facilities and has filed a certificate of completion with
472	472	24 the Department.
473	473	25 "Skilled and trained workforce" means a workforce that
474	474	26 meets all of the following criteria:
475	475
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485	485	1 (1) all the workers are either registered apprentices
486	486	2 or skilled journeypersons;
487	487	3 (2) beginning on July 1, 2024, at least 45% of the
488	488	4 skilled journeypersons are graduates of an apprenticeship
489	489	5 program for the applicable occupation;
490	490	6 (3) beginning on July 1, 2025, at least 60% of the
491	491	7 skilled journeypersons are graduates of an apprenticeship
492	492	8 program for the applicable occupation; and
493	493	9 (4) beginning on July 1, 2026, at least 80% of the
494	494	10 skilled journeypersons are graduates of an apprenticeship
495	495	11 program for the applicable occupation.
496	496	12 "Stationary source" has the meaning provided in Section
497	497	13 39.5 of the Environmental Protection Act.
498	498	14 Section 10-10. Minimum approved safety training.
499	499	15 (a) A person who has completed minimum approved safety
500	500	16 training for workers at high-hazard facilities shall file his
501	501	17 or her certificate of completion with the Department in the
502	502	18 manner prescribed by the Department.
503	503	19 (b) The owner or operator, when contracting for the
504	504	20 performance of construction work at the stationary source,
505	505	21 shall require that its contractors and any subcontractors use
506	506	22 a skilled and trained workforce to perform all onsite work
507	507	23 within an apprenticeable occupation in the building and
508	508	24 construction trades and shall include this requirement in any
509	509	25 and all contracts executed between an owner or operator and a
510	510
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512	512
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520	520	1 contractor or subcontractor.
521	521	2 (c) The requirements of this Section apply to contracts
522	522	3 entered into, amended, or renewed on or after July 1, 2024.
523	523	4 (d) The requirements of this Section apply only to the
524	524	5 skilled and trained workforce that is contracted with by an
525	525	6 owner or operator to perform construction work at the
526	526	7 stationary source site.
527	527	8 (e) The skilled and trained workforce requirements of this
528	528	9 Section do not apply to:
529	529	10 (1) Contractors that have requested qualified workers
530	530	11 from the local hiring halls that dispatch workers in the
531	531	12 apprenticeable occupation and that, due to workforce
532	532	13 shortages, are unable to obtain sufficient qualified
533	533	14 workers within 48 hours of the request, not including
534	534	15 Saturdays, Sundays, and holidays. This Act shall not
535	535	16 prevent contractors from obtaining workers from any
536	536	17 source.
537	537	18 (2) An emergency where compliance is impracticable;
538	538	19 namely, an emergency requiring immediate action to prevent
539	539	20 imminent harm to public health or safety or to the
540	540	21 environment. Within 3 days of an emergency resulting in a
541	541	22 failure to comply with this Act, the owner or operator
542	542	23 must notify the Department that such an event occurred and
543	543	24 provide documentation supporting its claim that compliance
544	544	25 was impracticable. Within 14 days of receiving such
545	545	26 documentation, the Department must issue a finding of
546	546
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548	548
549	549
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556	556	1 whether or not the emergency warranted noncompliance with
557	557	2 this Act. An owner's or operator's failures to notify the
558	558	3 Department of an emergency as required shall constitute a
559	559	4 violation of this Act.
560	560	5 Section 10-12. Violations of Section 10-10. Any
561	561	6 interested party may file a complaint with the Department
562	562	7 against an owner, operator, or construction contractor covered
563	563	8 under this Act if there is reasonable belief that the owner,
564	564	9 operator, or construction contractor is in violation of
565	565	10 Section 10-10 of this Act.
566	566	11 Section 10-15. Enforcement. The Director of Labor or his
567	567	12 or her authorized representative may interview workers,
568	568	13 administer oaths, take or cause to be taken the depositions of
569	569	14 witnesses, and require by subpoena the attendance and
570	570	15 testimony of witnesses and the production of all books,
571	571	16 records, and other evidence relative to the matter under
572	572	17 investigation or hearing, including any contract entered into
573	573	18 between the owner or operator and construction contractor, and
574	574	19 a transcript of the contractor's payroll, broken down by
575	575	20 classification and skill level. Such subpoena shall be signed
576	576	21 and issued by the Director or his or her authorized
577	577	22 representative.
578	578	23 Upon request by the Director of Labor or his or her deputy
579	579	24 or agent, records shall be copied and submitted for evidence
580	580
581	581
582	582
583	583
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590	590	1 at no cost to the Department. Upon request by the Director or
591	591	2 his or her authorized representative, every employer shall
592	592	3 furnish a sworn statement of the accuracy of the records. Any
593	593	4 employer who refuses to furnish a sworn statement of the
594	594	5 records is in violation of this Act.
595	595	6 If any person fails to comply with any subpoena lawfully
596	596	7 issued under this Section or if any witness refuses to produce
597	597	8 evidence or to testify to any matter regarding which the
598	598	9 witness may be lawfully interrogated, the circuit court, upon
599	599	10 application of the Director of Labor or his or her authorized
600	600	11 representative, shall compel obedience by proceedings for
601	601	12 contempt, as in the case of disobedience of the requirements
602	602	13 of a subpoena issued by such court or a refusal to testify
603	603	14 therein. The Director may certify official acts.
604	604	15 If the Department finds that an owner, operator, or
605	605	16 construction contractor has not complied with this Act, the
606	606	17 Department shall refer the matter to the Attorney General for
607	607	18 enforcement.
608	608	19 Section 10-20. Exemptions. This Act does not apply to any
609	609	20 owner or operator that has an executed national or local labor
610	610	21 agreement in effect pertaining to the performance of
611	611	22 construction work at a given facility or site under the terms
612	612	23 of the agreement. The labor agreement must be negotiated with
613	613	24 and approved by a local building and construction trades
614	614	25 council that has geographic jurisdiction over the stationary
615	615
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625	625	1 source.
626	626	2 Section 10-21. Reporting.
627	627	3 (a) A registered apprenticeship program or contractor
628	628	4 subject to this Act shall file an annual report with the
629	629	5 Department of Commerce and Economic Opportunity and the
630	630	6 Illinois Works Review Panel, in the form and manner required
631	631	7 by the Department of Commerce and Economic Opportunity, within
632	632	8 6 months after the effective date of this Act and by January 31
633	633	9 of each year thereafter. The report shall contain the
634	634	10 following information:
635	635	11 (1) In the case of a report submitted by a registered
636	636	12 apprenticeship program providing minimum approved safety
637	637	13 training for workers in high-hazard facilities, the report
638	638	14 shall include:
639	639	15 (A) A description of the registered apprenticeship
640	640	16 program's recruitment and screening efforts and a
641	641	17 general description of its training efforts.
642	642	18 (B) The number of individuals who applied to,
643	643	19 participated in, and completed the minimum approved
644	644	20 safety training for workers at high-hazard facilities
645	645	21 in the prior calendar year, broken out by race,
646	646	22 ethnicity, gender, jurisdiction, apprentice or
647	647	23 journeyperson level, age, and veteran status.
648	648	24 (C) Demographic data for the county in which the
649	649	25 registered apprenticeship program is located.
650	650
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652	652
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660	660	1 (D) A statement of the registered apprenticeship
661	661	2 program's minimum diversity goal, which shall be equal
662	662	3 to the demographic composition of its jurisdiction,
663	663	4 the demographic composition of the participants and
664	664	5 graduates of the registered apprenticeship program,
665	665	6 and a comparison of whether the demographic
666	666	7 composition of the participants of the apprenticeship
667	667	8 program who are working at the high-hazard facility
668	668	9 are meeting that goal.
669	669	10 (E) An action plan to increase or maintain
670	670	11 diversity in order to meet or exceed the stated
671	671	12 minimum diversity goal. An action plan may include,
672	672	13 but shall not be limited to, taking the following
673	673	14 actions if the diversity goal is not met:
674	674	15 (i) providing information on this Act for all
675	675	16 high schools and field offices of the Department
676	676	17 of Employment Security in the jurisdiction;
677	677	18 (ii) entering into a joint agreement with the
678	678	19 Department of Employment Security for outreach and
679	679	20 employment services;
680	680	21 (iii) entering into a joint agreement with
681	681	22 educational institutions or an approved Illinois
682	682	23 Works Preapprenticeship Program established under
683	683	24 subsection (a) of Section 20-15 of the Illinois
684	684	25 Works Jobs Program Act to enhance recruitment
685	685	26 efforts; and
686	686
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696	696	1 (iv) evaluating and, when feasible,
697	697	2 eliminating experience requirements that may pose
698	698	3 barriers to recruiting or admitting diverse
699	699	4 individuals as apprentices.
700	700	5 (2) In the case of a report submitted by a contractor
701	701	6 who employs workers operating in high-hazard facilities,
702	702	7 the report shall include:
703	703	8 (A) A description of the contractor's recruitment
704	704	9 and screening efforts and a general description of its
705	705	10 training efforts.
706	706	11 (B) The number of workers employed by the
707	707	12 contractor to work in high-hazard facilities in the
708	708	13 prior calendar year, broken out by race, ethnicity,
709	709	14 gender, jurisdiction, apprentice or journeyperson
710	710	15 level, age, and veteran status.
711	711	16 (C) Demographic data for the county in which the
712	712	17 majority of the contractor's high-hazard facility work
713	713	18 was performed in the last calendar year.
714	714	19 (D) A statement of the contractor's minimum
715	715	20 diversity goal, which shall be equivalent to the
716	716	21 demographic composition of its jurisdiction, and
717	717	22 whether the demographic composition of the workers
718	718	23 employed by the contractor to work at the high-hazard
719	719	24 facility is meeting that goal.
720	720	25 (E) An action plan to increase or maintain
721	721	26 diversity to meet or exceed the stated minimum
722	722
723	723
724	724
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732	732	1 diversity goal. An action plan may include, but need
733	733	2 not be limited to, taking the following actions if the
734	734	3 diversity goal is not met:
735	735	4 (i) providing information on this Act for all
736	736	5 high schools and field offices of the Department
737	737	6 of Employment Security in the jurisdiction;
738	738	7 (ii) entering into a joint agreement with the
739	739	8 Department of Employment Security for outreach and
740	740	9 employment services;
741	741	10 (iii) entering into a joint agreement with
742	742	11 educational institutions or approved Illinois
743	743	12 Works Preapprenticeship Programs established under
744	744	13 subsection (a) of Section 20-15 of the Illinois
745	745	14 Works Jobs Program Act in the jurisdiction to
746	746	15 enhance recruitment efforts; and
747	747	16 (iv) evaluating and eliminating experience
748	748	17 requirements that may pose barriers to recruiting
749	749	18 or admitting diverse individuals as apprentices
750	750	19 when feasible.
751	751	20 (b) The Department of Commerce and Economic Opportunity
752	752	21 shall review the annual reports and, in consultation with the
753	753	22 Illinois Works Review Panel, conduct an assessment of whether
754	754	23 the reports meet the requirements of this Act.
755	755	24 (c) If the Department of Commerce and Economic Opportunity
756	756	25 concludes that a minimum diversity goal established under
757	757	26 subparagraph (D) of paragraph (1) of subsection (a) or
758	758
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768	768	1 subparagraph (D) of paragraph (2) of subsection (a) will not
769	769	2 be met within 12 months after the report is filed or that the
770	770	3 action plan was not followed, the Department of Commerce and
771	771	4 Economic Opportunity, in consultation with the Illinois Works
772	772	5 Review Panel, shall recommend that the action plan be revised
773	773	6 to provide additional steps and opportunities for minority
774	774	7 participation.
775	775	8 (d) If the Department of Commerce and Economic
776	776	9 Opportunity, in consultation with the Illinois Works Review
777	777	10 Panel, concludes that the apprenticeship program or the
778	778	11 contractor failed to follow its action plan under subsection
779	779	12 subparagraph (E) of paragraph (1) of subsection (a),
780	780	13 subparagraph (E) of paragraph (2) of subsection (a), or the
781	781	14 recommended changes to its action plan provided by the
782	782	15 Department of Commerce and Economic Opportunity and the
783	783	16 Illinois Works Review Panel under subsection (c) within 12
784	784	17 months after filing the entity's report, the Department of
785	785	18 Commerce and Economic Opportunity may refer the matter to the
786	786	19 Department for investigation and enforcement.
787	787	20 (e) It is a violation of this Act for an applicable
788	788	21 registered apprenticeship program providing workers in a
789	789	22 high-hazard facility to fail to submit a report as required by
790	790	23 this Act. The Department of Commerce and Economic Opportunity
791	791	24 shall refer such violations to the Director of the Department
792	792	25 for investigation and enforcement.
793	793	26 (f) For reporting purposes, the jurisdiction is the
794	794
795	795
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804	804	1 Illinois county in which the applicable apprenticeship and
805	805	2 training program, approved by and registered with the U.S.
806	806	3 Department of Labor's Office of Apprenticeship, is located.
807	807	4 For a contractor, the jurisdiction is the county in which the
808	808	5 contractor's workers performed the majority of work in a
809	809	6 high-hazard facility within the last calendar year.
810	810	7 Section 10-25. Penalties; noncompliant reporting;
811	811	8 reinstatement.
812	812	9 (a) An owner or operator who violates the requirements of
813	813	10 this Act shall be subject to a minimum civil penalty of $10,000
814	814	11 for each violation. The Department shall consider the gravity
815	815	12 of the violation in determining the amount of the penalty.
816	816	13 Each shift a violation of this Act occurs shall be considered a
817	817	14 separate violation. The penalty may be recovered in a civil
818	818	15 action brought by the Director in any circuit court. In the
819	819	16 civil action, the Director shall be represented by the
820	820	17 Attorney General. All moneys received by the Department as
821	821	18 fees and civil penalties under this Act, other than moneys
822	822	19 collected as unpaid or underpaid wages plus a 5% monthly
823	823	20 penalty as provided in subsection (b), shall be deposited into
824	824	21 the Illinois Works Fund to be used to recruit, prescreen, and
825	825	22 provide preapprenticeship skills training for which
826	826	23 participants may attend free of charge and receive a stipend
827	827	24 to create a qualified, diverse pipeline of workers who are
828	828	25 prepared to work in high-hazard facilities.
829	829
830	830
831	831
832	832
833	833
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835	835
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839	839	1 (b) In addition to the penalty provided in subsection (a),
840	840	2 if the Department finds that a contractor or owner or operator
841	841	3 failed to pay the prevailing rate of wages to construction
842	842	4 workers at a stationary source as required under this Act, the
843	843	5 Department may recover unpaid or underpaid wages, plus a 5%
844	844	6 monthly penalty, on behalf of and payable to the workers.
845	845	7 Wages owed may be recovered in a civil action brought by the
846	846	8 Director in any circuit court. In a civil action, the Director
847	847	9 shall be represented by the Attorney General.
848	848	10 (c) Notwithstanding subsections (a) and (b), if the
849	849	11 Department of Commerce and Economic Opportunity, in
850	850	12 consultation with the Illinois Works Review Panel, refers a
851	851	13 violation of Section 10-21 to the Department for investigation
852	852	14 and enforcement, the Department shall provide reasonable
853	853	15 notice of noncompliance to the violator within 90 days after
854	854	16 the violation and shall inform the violator that the violator
855	855	17 has 45 days to comply with Section 10-21 without penalty. If
856	856	18 the noncompliance is not remedied, the violator shall be in
857	857	19 violation of this Act and may be deemed by the Department unfit
858	858	20 to provide workers or operate at high-hazard facilities for a
859	859	21 period of up to one year. If the Department determines that the
860	860	22 violator has remedied the violation and is in compliance with
861	861	23 Section 10-21, the Department shall have 45 days to reinstate
862	862	24 the authorization for the violator to provide workers or
863	863	25 operate at high-hazard facilities. The Department may not
864	864	26 unreasonably withhold reinstatement under this subsection when
865	865
866	866
867	867
868	868
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875	875	1 the applicable registered apprenticeship program providing
876	876	2 workers in high-hazard facilities or the contractor operating
877	877	3 at high-hazard facilities is found to be in compliance with
878	878	4 Section 10-21.
879	879	5 Section 10-30. Rulemaking. The Department shall adopt
880	880	6 rules for the implementation and administration of this Act.
881	881	7 Section 10-97. Severability. The provisions of this Act
882	882	8 are severable under Section 1.31 of the Statute on Statutes.
883	883	9 ARTICLE 15. AMENDATORY PROVISIONS
884	884	10 Section 15-5. The Illinois Administrative Procedure Act is
885	885	11 amended by adding Section 5-45.35 as follows:
886	886	12 (5 ILCS 100/5-45.35 new)
887	887	13 Sec. 5-45.35. Emergency rulemaking. To provide for the
888	888	14 expeditious and timely implementation of this amendatory Act
889	889	15 of the 103rd General Assembly, the Department of Commerce and
890	890	16 Economic Opportunity shall, and the Department of Revenue may,
891	891	17 adopt emergency rules to implement and administer the
892	892	18 Investing in Illinois Works Tax Credit Act. Furthermore, the
893	893	19 Department of Labor shall adopt rules necessary to implement
894	894	20 and administer the Illinois Hazardous Materials Workforce
895	895	21 Training Act. The adoption of emergency rules authorized by
896	896
897	897
898	898
899	899
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906	906	1 this Section is deemed to be necessary for the public
907	907	2 interest, safety, and welfare.
908	908	3 This Section is repealed on January 1, 2027.
909	909	4 Section 15-10. The Illinois Income Tax Act is amended by
910	910	5 adding Section 234 as follows:
911	911	6 (35 ILCS 5/234 new)
912	912	7 Sec. 234. The Investing in Illinois Works Tax Credit. An
913	913	8 eligible taxpayer who has been awarded a credit by the
914	914	9 Department of Commerce and Economic Opportunity under Section
915	915	10 1-20 of the Investing in Illinois Works Tax Credit Act may
916	916	11 claim a credit against the taxes imposed under subsections (a)
917	917	12 and (b) of Section 201 of this Act for amounts due during the
918	918	13 first taxable year in which a tax credit certificate was
919	919	14 awarded. The credit shall be equal to the amount shown on the
920	920	15 certificate. For partners and shareholders of Subchapter S
921	921	16 corporations, there shall be allowed a credit under this
922	922	17 subsection to be determined in accordance with the
923	923	18 determination of income and distributive share of income under
924	924	19 Sections 702 and 704 and Subchapter S of the Internal Revenue
925	925	20 Code. The credit may not reduce the taxpayer's tax due under
926	926	21 subsections (a) and (b) of Section 201 to less than zero.
927	927	22 However, if the amount of the credit exceeds the total tax due
928	928	23 for the taxable year, the excess credit may be carried forward
929	929	24 and applied against the taxpayer's liability under subsections
930	930
931	931
932	932
933	933
934	934
935	935	HB2839 - 26 - LRB103 30628 JDS 57080 b
936	936
937	937
938	938	HB2839- 27 -LRB103 30628 JDS 57080 b HB2839 - 27 - LRB103 30628 JDS 57080 b
939	939	HB2839 - 27 - LRB103 30628 JDS 57080 b
940	940	1 (a) and (b) of Section 201 in the 5 succeeding taxable years.
941	941	2 The credit shall be applied to the earliest taxable year for
942	942	3 which there is a tax liability. If there are credits from more
943	943	4 than one reporting period that are available to offset the
944	944	5 liability, the earlier credit shall be applied first.
945	945	6 ARTICLE 99. EFFECTIVE DATE
946	946	7 Section 99-99. Effective date. This Act takes effect
947	947	8 January 1, 2024.
948	948	HB2839- 28 -LRB103 30628 JDS 57080 b 1 INDEX 2 Statutes amended in order of appearance HB2839- 28 -LRB103 30628 JDS 57080 b HB2839 - 28 - LRB103 30628 JDS 57080 b 1 INDEX 2 Statutes amended in order of appearance
949	949	HB2839- 28 -LRB103 30628 JDS 57080 b HB2839 - 28 - LRB103 30628 JDS 57080 b
950	950	HB2839 - 28 - LRB103 30628 JDS 57080 b
951	951	1 INDEX
952	952	2 Statutes amended in order of appearance
953	953
954	954
955	955
956	956
957	957
958	958	HB2839 - 27 - LRB103 30628 JDS 57080 b
959	959
960	960
961	961
962	962	HB2839- 28 -LRB103 30628 JDS 57080 b HB2839 - 28 - LRB103 30628 JDS 57080 b
963	963	HB2839 - 28 - LRB103 30628 JDS 57080 b
964	964	1 INDEX
965	965	2 Statutes amended in order of appearance
966	966
967	967
968	968
969	969
970	970
971	971	HB2839 - 28 - LRB103 30628 JDS 57080 b