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Article 35 - The State Construction Minority and Female Building Trades Act

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(30 ILCS 577/Art. 35 heading)

(30 ILCS 577/35-1) Sec. 35-1. Short title. This Article may be cited as the State Construction Minority and Female Building Trades Act. (Source: P.A. 96-37, eff. 7-13-09.)

(30 ILCS 577/35-5) Sec. 35-5. Definitions. For the purposes of this Article:"Under-represented minority" means a person who is any of the following:(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having

origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

"Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site. (Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)

(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. 99-584, eff. 1-1-17.)

(30 ILCS 577/35-11) 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. (Source: P.A. 99-584, eff. 1-1-17.)

(30 ILCS 577/35-15) (Text of Section before amendment by P.A. 101-170) Sec. 35-15. Compilation of building trade data. By March 31 of each year, the Illinois Department of Labor shall publish and make available on its official website a report compiling and summarizing demographic trends in the State's building trades apprenticeship programs, with particular attention to race, gender, ethnicity, and national origin of apprentices in labor organizations and other entities in Illinois based on the information submitted to the Department under Section 35-10. (Source: P.A. 100-797, eff. 8-10-18.) (Text of Section after amendment by P.A. 101-170)Sec. 35-15. Compilation of building trade data. By March 31 of each year, the Illinois Department of Labor shall publish and make available on its official website a report compiling and summarizing demographic trends in the State's building trades apprenticeship programs, with particular attention to race, gender, ethnicity, and national origin of apprentices in labor organizations and other entities in Illinois based on the information submitted to the Department under Section 35-10. The report shall include, but not be limited to, apprentices by gender, apprentices by race and ethnicity, apprentices by national origin, apprentices by gender, race, ethnicity, and national origin in union and non-union programs, apprenticeship programs offered by union and non-union, apprentices by union or non-union, apprenticeship programs by trade, apprentices by trade, apprenticeship programs by length of time. (Source: P.A. 100-797, eff. 8-10-18; 101-170, eff. 1-1-20.)

(30 ILCS 577/35-20) Sec. 35-20. (Repealed). (Source: P.A. 96-37, eff. 7-13-09. Repealed by P.A. 100-621, eff. 7-20-18.)

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Article 35 - The State Construction Minority and Female Building Trades Act