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Full Text of HB4433
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HB4433 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4433
Introduced 1/20/2026, by Rep. Ryan Spain
SYNOPSIS AS INTRODUCED:
30 ILCS 559/20-20
Amends the Illinois Works Jobs Program Act. In provisions concerning
goals of the Illinois Works Apprenticeship Initiative related to the
percentage of labor hours performed by apprentices, provides that, for
contracts and grant agreements executed after January 1, 2029 and before
January 1, 2031, at least 25% (instead of 50%) of the labor hours of each
prevailing wage classification performed by apprentices shall be performed
by graduates of the Illinois Works Preapprenticeship Program, the Illinois
Climate Works Preapprenticeship Program, or the Highway Construction
Careers Training Program. Provides that, on and after January 2031, at
least 50% of the labor hours of each prevailing wage classification
performed by apprentices shall be performed by graduates of the Illinois
Works Preapprenticeship Program, the Illinois Climate Works
Preapprenticeship Program, or the Highway Construction Careers Training
Program. Removes provisions setting goals for those apprentices before
January 1, 2029. Makes changes concerning circumstances under which the
Department of Commerce and Economic Opportunity may grant a reduction or a
waiver of those goals. Provides that the Department of Commerce and
Economic Opportunity shall maintain a list of graduates of the Illinois
Works Preapprenticeship Program for a period of not less than 3 years
(instead of one year) after the participant graduates from the Program.
Effective immediately.
LRB104 16261 HLH 29936 b
A BILL FOR
HB4433
LRB104 16261 HLH 29936 b
1
AN ACT concerning finance.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Works Jobs Program Act is amended
5
by changing Section 20-20 as follows:
6
(30 ILCS 559/20-20)
7
Sec. 20-20.
Illinois Works Apprenticeship Initiative.
8
(a) The Illinois Works Apprenticeship Initiative is
9
established and shall be administered by the Department.
10
(1) Subject to the exceptions set forth in subsection
11
(b) of this Section, apprentices shall be utilized on all
12
public works projects estimated to cost $500,000 or more
13
in accordance with this subsection (a).
14
(2) For public works projects estimated to cost
15
$500,000 or more, the goal of the Illinois Works
16
Apprenticeship Initiative is that apprentices will perform
17
either 10% of the total labor hours actually worked in
18
each prevailing wage classification or 10% of the
19
estimated labor hours in each prevailing wage
20
classification, whichever is less. For contracts and grant
21
agreements executed after
January 1, 2029 and before
22
January 1, 2031,
the effective date of this amendatory Act
23
of the 103rd General Assembly and before January 1, 2024,
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LRB104 16261 HLH 29936 b
1
of this goal, at least 25% of the labor hours of each
2
prevailing wage classification performed by apprentices
3
shall be performed by graduates of the Illinois Works
4
Preapprenticeship Program, the Illinois Climate Works
5
Preapprenticeship Program, or the Highway Construction
6
Careers Training Program. For contracts and grant
7
agreements executed on or after
January 1, 2031,
January
8
1, 2024,
of this goal, at least 50% of the labor hours of
9
each prevailing wage classification performed by
10
apprentices shall be performed by graduates of the
11
Illinois Works Preapprenticeship Program, the Illinois
12
Climate Works Preapprenticeship Program, or the Highway
13
Construction Careers Training Program.
14
(b) Before or during the term of a contract subject to this
15
Section, the Department may reduce or waive the goals set
16
forth in paragraph (2) of subsection (a). Prior to the
17
Department granting a request for a reduction or waiver, the
18
Department shall determine, in its discretion, whether to hold
19
a public hearing on the request. In determining whether to
20
hold a public hearing, the Department may consider factors,
21
including the scale of the project and whether the contractor
22
or subcontractor seeking the reduction or waiver has
23
previously requested reductions or waivers on other projects.
24
The Department may also consult with the Business Enterprise
25
Council under the Business Enterprise for Minorities, Women,
26
and Persons with Disabilities Act and the Chief Procurement
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Officer of the agency administering the public works contract.
2
The Department may grant a reduction or waiver upon a
3
determination that:
4
(1)
insufficient graduates are accepted into an
5
apprenticeship program registered with the Department of
6
Labor, according to reports filed with the Department by
7
the grant recipient or other reporting entity and reviewed
8
by the Illinois Works Review Panel;
the contractor or
9
subcontractor has demonstrated that insufficient
10
apprentices are available;
11
(2) the reasonable and necessary requirements of the
12
contract do not allow the goal to be met;
13
(3) there is a disproportionately high ratio of
14
material costs to labor hours that makes meeting the goal
15
infeasible;
16
(4) apprentice labor hour goals conflict with existing
17
requirements, including federal requirements, in
18
connection with the public work; or
19
(5) the
Department has not produced enough graduates
20
of a registered apprenticeship program in the project area
21
and
contractor or subcontractor has demonstrated that
22
insufficient graduates of the Illinois Works
23
Preapprenticeship Program are available to meet the
24
requirements of paragraph (2) of subsection (a).
25
(c) Contractors and subcontractors must submit a
26
certification to the Department and the agency that is
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1
administering the contract, or the grant agreement funding the
2
contract, demonstrating that the contractor or subcontractor
3
has:
4
(1) met the apprentice labor hour goals set forth in
5
paragraph (2) of subsection (a);
6
(2) received a reduction or waiver pursuant to
7
subsection (b); or
8
(3) not complied with the labor hour goals in
9
paragraph (2) of subsection (a) and did not receive a
10
reduction or waiver pursuant to subsection (b).
11
It shall be deemed to be a material breach of the contract,
12
or the grant agreement funding the contract, and entitle the
13
State to declare a default, terminate the contract or grant
14
agreement funding it, and exercise those remedies provided for
15
in the contract, at law, or in equity if the contractor or
16
subcontractor fails to submit the certification required in
17
this subsection or submits false or misleading information.
18
After January 1, 2031, intentional
Intentional
failure to
19
comply with the Illinois Works Apprenticeship Initiative may
20
result in the State agency that contracted or funded the
21
public works project: (i) terminating the contract or
22
agreement involved, (ii) prohibiting the party that contracted
23
with the State from participating in public contracts or
24
agreements for a period not to exceed 3 years, (iii) seeking a
25
penalty of up to 25% of the contract or agreement as a result
26
of the violation, or (iv) any combination of items (i) through
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1
(iii). State agencies shall report to the Department all
2
projects that did not comply with the Illinois Works
3
Apprenticeship Initiative and any action taken against the
4
noncompliant party and shall provide an action plan to address
5
the reported instance of noncompliance with the Illinois Works
6
Apprenticeship Initiative.
7
(d) No later than
June 28, 2020 (
one year after the
8
effective date of this Act
)
, and by April 1 of every calendar
9
year thereafter, the Department of Labor shall submit a report
10
to the Illinois Works Review Panel regarding the use of
11
apprentices under the Illinois Works Apprenticeship Initiative
12
for public works projects. To the extent it is available, the
13
report shall include the following information:
14
(1) the total number of labor hours on each project
15
and the percentage of labor hours actually worked by
16
apprentices on each public works project;
17
(2) the number of apprentices used in each public
18
works project, broken down by trade; and
19
(3) the number and percentage of minorities, women,
20
and veterans utilized as apprentices on each public works
21
project.
22
(e) The Department shall adopt any rules deemed necessary
23
to implement the Illinois Works Apprenticeship Initiative. In
24
order to provide for the expeditious and timely implementation
25
of this Act, the Department may adopt emergency rules. The
26
adoption of emergency rules authorized by this subsection is
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LRB104 16261 HLH 29936 b
1
deemed to be necessary for the public interest, safety, and
2
welfare.
3
(f) The Illinois Works Apprenticeship Initiative shall not
4
interfere with any contracts or grants in existence on the
5
effective date of this Act.
6
(g) Notwithstanding any provisions to the contrary in this
7
Act, any State agency that administers a construction program
8
for which federal law or regulations establish standards and
9
procedures for the utilization of apprentices may implement
10
the Illinois Works Apprenticeship Initiative using the federal
11
standards and procedures for the establishment of goals and
12
utilization procedures for the State-funded, as well as the
13
federally assisted, portions of the program. In such cases,
14
these goals shall not exceed those established pursuant to the
15
relevant federal statutes or regulations.
16
(h) The Department shall maintain a list of graduates of
17
the Illinois Works Preapprenticeship Program for a period of
18
not less than
3 years
one year
after the participant graduates
19
from the Program
, including, but not limited to, participants
20
who graduated from the Program prior to the effective date of
21
this amendatory Act of the 104th General Assembly
. The list
22
shall include the name, address, county of residence, phone
23
number, email address, and the self-attested construction and
24
building trade career path preferences of each graduate. This
25
list shall be made available to any contractor or
26
subcontractor, as well as any apprenticeship program approved
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LRB104 16261 HLH 29936 b
1
by and registered with the United States Department of Labor's
2
Bureau of Apprenticeship and Training in alignment with the
3
graduate's self-attested construction and building trade
4
career path preferences.
The Department shall annually contact
5
the graduates whose names appear on the list to verify their
6
status in an apprenticeship program.
7
(Source: P.A. 103-305, eff. 7-28-23.)
8
Section 99.
Effective date.
This Act takes effect upon
9
becoming law.
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