Bill Amendment: IL SB2140 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: KYOTO PROTOCOL OF 1998

Status: 2021-01-13 - Session Sine Die [SB2140 Detail]

Download: Illinois-2019-SB2140-House_Amendment_003.html

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Rep. Lawrence Walsh, Jr.

Filed: 1/29/2020

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AMENDMENT TO SENATE BILL 2140
AMENDMENT NO. ______. Amend Senate Bill 2140, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. If and only if Senate Bill 1407 of the 101st
General Assembly becomes law in the form in which it passed the
Senate, then the Illinois Hazardous Materials Workforce
Training Act is amended by changing Section 5 and adding
Section 22 as follows:
(101st G.A., SB1407 Engrossed, Sec. 5)
Sec. 5. Definitions. As used in this Act:
"Apprenticeable occupation" means an occupation in the
building and construction trades for which training and
apprenticeship programs have been approved by and registered
with the U.S. Department of Labor, Bureau of Apprenticeship and
Training.

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"Apprenticeship program" means an applicable training and
apprenticeship program approved by and registered with the U.S.
Department of Labor, Bureau of Apprenticeship and Training.
"Approved advanced safety training for workers at high
hazard facilities" means a curriculum of in-person classroom
and laboratory instruction for approved advanced safety
training established by rule by the Department.
"Building and construction trades council" means any labor
organization that represents multiple construction trades and
monitors or is attentive to compliance with public or workers'
safety laws, wage and hour requirements, or other statutory
requirements and negotiates and maintains collective
bargaining agreements.
"Community college" means a college organized under the
Public Community College Act.
"Construction" means all work at a stationary source
involving laborers, workers or mechanics. "Construction"
includes any maintenance, repair, assembly, or disassembly
work performed on equipment whether owned, leased, or rented.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Labor agreement" means a form of pre-hire collective
bargaining agreement covering all terms and conditions of
employment.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized

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or certified under the National Labor Relations Act.
"Owner or operator" means an owner or operator of a
stationary source that is engaged in activities described in
Code 324110, 325110, 325193, or 325199 of the 2017 North
American Industry Classification System (NAICS), and has one or
more covered processes that are required to prepare and submit
a Risk Management Plan. "Owner or operator" does not include
oil and gas extraction operations.
"Prevailing hourly wage rate" has the same meaning as
"general prevailing rate of hourly wages" as defined in Section
2 of the Prevailing Wage Act.
"Registered apprentice" means an apprentice registered in
an applicable apprenticeship program for an apprenticeable
occupation approved by, and registered with, the U.S.
Department of Labor, Bureau of Apprenticeship and Training.
"Shift" means a set standard period of time an employer
requires its employees to perform his or her work-related
duties on a daily basis. For purposes of this definition, there
may be multiple shifts per day.
"Skilled journeyperson" means a worker who meets all of the
following criteria:
(1) the worker either graduated from an approved
apprenticeship program for the applicable occupation, or
has at least as many hours of on-the-job experience in the
applicable occupation that would be required to graduate
from an approved apprenticeship program for the applicable

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occupation;
(2) the worker is being paid at least a rate equivalent
to the prevailing hourly wage rate for a journeyperson in
the applicable occupation and locality; and
(3) beginning on or after January 1, 2023, the worker
has completed, within the prior 2 calendar years, at least
20 hours of approved advanced safety training for workers
at high hazard facilities.
"Skilled and trained workforce" means a workforce that
meets all of the following criteria:
(1) all the workers are either registered apprentices
or skilled journeypersons;
(2) beginning on July January 1, 2020, at least 45% of
the skilled journeypersons are graduates of an
apprenticeship program for the applicable occupation;
(3) beginning on July January 1, 2021, at least 60% of
the skilled journeypersons are graduates of an
apprenticeship program for the applicable occupation; and
(4) beginning on July January 1, 2022, at least 80% of
the skilled journeypersons are graduates of an
apprenticeship program for the applicable occupation.
"Stationary source" means that term as it is defined under
Section 39.5 of the Environmental Protection Act.
(Source: 101st G.A., SB1407 Engrossed.)
(101st G.A., SB1407 Engrossed, Sec. 18 new)

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Sec. 18. Enforcement. Any interested party may file a
complaint with the Department of Labor against an owner,
operator, or construction contractor covered under this Act if
there is reasonable belief that the owner, operator, or
construction contractor is in violation of this Act. Upon
receiving the complaint, the Department of Labor shall request
a copy of any contract at issue that was entered into between
the owner, operator, or construction contractor to ensure that
training requirements under this Act were included in the
contract's terms. The Department of Labor shall request from
the construction contractor a copy of the construction
contractor's payroll, broken down by any registered apprentice
and skilled journeyperson on the job site. If the Department of
Labor finds that an owner, operator, or construction contractor
has not complied with this Act, the Department shall refer the
matter to the Attorney General for enforcement.
(101st G.A., SB1407 Engrossed, Sec. 22 new)
Sec. 22. Exemptions. This Act does not apply to any owner
or operator that has an executed national or local labor
agreement in effect pertaining to the performance of
construction work at a given facility or site under the terms
of the agreement. The labor agreement must be negotiated with
and approved by a building and construction trades council that
has geographic jurisdiction over the stationary source.

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Section 99. Effective date. This Act takes effect upon
becoming law, or on the date Senate Bill 1407 of the 101st
General Assembly takes effect, whichever is later.".