Bill Text: IL SB3104 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the State Construction Minority and Female Building Trades Act. Provides that the failure to submit required apprenticeship reports is a violation of the Act. Creates penalties for violation of the Act. Provides that an entity that violates the provisions of the act or any rule adopted under the Act shall be subject to a civil penalty not to exceed $1,000 for each violation found in the first audit by the Department of Labor. Provides that following a first audit, an entity shall be subject to a civil penalty not to exceed $2,000 for each repeat violation found by the Department within a 5-year period. Provides that each violation of the Act for each day the violation continues shall constitute a separate and distinct violation. Provides that in determining the amount of a penalty, the Director of the Department of Labor shall consider the gravity of the violations.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0584 [SB3104 Detail]

Download: Illinois-2015-SB3104-Chaptered.html



Public Act 099-0584
SB3104 EnrolledLRB099 20750 MLM 45409 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Construction Minority and Female
Building Trades Act is amended by changing Section 35-10 and by
adding Section 35-11 as follows:
(30 ILCS 577/35-10)
Sec. 35-10. Apprenticeship reports. Each labor
organization and other entity in Illinois with one or more
apprenticeship programs for construction trades, whether or
not recognized and certified by the United States Department of
Labor, Bureau of Apprenticeship and Training, must report to
the Illinois Department of Labor the information required to be
reported to the Bureau of Apprenticeship and Training by labor
organizations with recognized and certified apprenticeship
programs that lists the race, gender, ethnicity, and national
origin of apprentices in that labor organization or entity. The
information must be submitted to the Illinois Department of
Labor as provided by rules adopted by the Department. For labor
organizations with recognized and certified apprentice
programs, the reporting requirement of this Section may be met
by providing the Illinois Department of Labor, on a schedule
adopted by the Department by rule, copies of the reports
submitted to the Bureau of Apprenticeship and Training. Failure
to submit this report is a violation of this Act.
(Source: P.A. 96-37, eff. 7-13-09.)
(30 ILCS 577/35-11 new)
Sec. 35-11. Penalties. If the Department of Labor
determines that an entity has violated Section 35-10 of this
Act, it shall provide the entity reasonable notice of
noncompliance for a first violation and inform the entity that
it has 45 days to provide the information required under
Section 35-10 of this Act without penalty. If the first
violation is not remedied within 45 days' notice, the entity
shall be subject to a civil penalty not to exceed $100 for each
day after the 45th day following notice that the entity is in
violation of this Act.
For a second violation, the entity shall be subject to a
civil penalty not to exceed $250 for each day that the entity
is in violation of this Act.
For any violation by an entity after the second violation,
the entity shall be subject to a civil penalty not to exceed
$500 for each day that the entity is in violation of this Act.
In determining the amount of a penalty, the Director shall
consider the appropriateness of the penalty to the entity.
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