30 ILCS 559/20-20
2021 Illinois Compiled Statutes|Chapter 30 - FINANCE|30 ILCS 559/ - Illinois Works Jobs Program Act.|Article 20 - Illinois Works Jobs Program Act

Sec. 20-20. Illinois Works Apprenticeship Initiative.(a) The Illinois Works Apprenticeship Initiative is established and shall be administered by the Department.(1) Subject to the exceptions set forth in subsection     (b) of this Section,  apprentices shall be utilized on all public works projects estimated to cost $500,000 or more in accordance  with this subsection (a).(2) For public works projects estimated to cost     $500,000 or more, the goal of the Illinois Works Apprenticeship Initiative is that apprentices will perform either 10%  of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less.(b) Before or during the term of a contract subject to this Section, the Department may  reduce or waive the goals set forth in paragraph (2) of subsection (a). Prior to the Department granting a request for a reduction or waiver, the Department shall determine, in its discretion, whether to hold a public hearing on the request. In determining whether to hold a public hearing, the Department may consider factors, including the scale of the project and whether the contractor or subcontractor seeking the reduction or waiver has previously requested reductions or waivers on other projects. The Department may also consult with the Business Enterprise Council under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the Chief Procurement Officer of the agency administering the public works contract. The Department may grant a reduction or waiver upon a determination that:(1) the contractor or subcontractor has demonstrated     that insufficient apprentices are available;(2) the reasonable and necessary requirements of the     contract do not allow the goal to be met;(3) there is a disproportionately high ratio of     material costs to labor hours that makes meeting the goal infeasible; or(4) apprentice labor hour goals conflict with     existing requirements, including  federal requirements, in connection with the public work.(c) Contractors and subcontractors must submit a certification to the Department and the agency that is administering the contract, or the grant agreement funding the contract, demonstrating that the contractor or subcontractor has either:(1) met the apprentice labor hour goals set forth in      paragraph (2) of subsection (a); or(2) received a reduction or waiver pursuant to     subsection (b).It shall be deemed to be a material breach of the contract, or the grant agreement funding the contract, and entitle the State to declare a default, terminate the contract or grant agreement funding it, and exercise those remedies provided for in the contract, at law, or in equity if the contractor or subcontractor fails to submit the certification required in this subsection or submits false or misleading information.(d) No later than one year after the effective date of this Act, and by April 1 of  every calendar year thereafter, the Department of Labor shall submit a report to the Illinois Works Review Panel regarding the use of apprentices under the Illinois Works Apprenticeship Initiative for public works projects. To the extent it is available, the report shall include the following information:(1) the total number of labor hours on each project     and the percentage of labor hours actually worked by apprentices on each public works project;(2) the number of apprentices used in each public     works project, broken down by trade; and(3) the number and percentage of minorities, women,     and veterans utilized as apprentices on each public works project.(e) The Department shall adopt any rules deemed necessary to implement the Illinois Works Apprenticeship Initiative. In order to provide for the expeditious and timely implementation of this Act, the Department may adopt emergency rules. The adoption of emergency rules authorized by this subsection is deemed to be necessary for the public interest, safety, and welfare.(f) The Illinois Works Apprenticeship Initiative shall not interfere with any contracts or grants in existence on the effective date of this Act.(g) Notwithstanding any provisions to the contrary in this Act, any State agency that administers a construction program for which federal law or regulations establish standards and procedures for the utilization of apprentices may implement the Illinois Works Apprenticeship Initiative using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program. In such cases, these goals shall not exceed those established pursuant to the relevant federal statutes or regulations.(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)