100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2482

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2.01  from Ch. 102, par. 42.01
5 ILCS 120/7
20 ILCS 5/5-550  was 20 ILCS 5/6.23
20 ILCS 605/605-750
20 ILCS 630/2  from Ch. 48, par. 2402
20 ILCS 1005/1005-155
20 ILCS 1510/35
20 ILCS 2405/3  from Ch. 23, par. 3434
20 ILCS 3975/1  from Ch. 48, par. 2101
20 ILCS 3975/2.5
20 ILCS 3975/3  from Ch. 48, par. 2103
20 ILCS 3975/4.5
20 ILCS 3975/5  from Ch. 48, par. 2105
20 ILCS 3975/6  from Ch. 48, par. 2106
20 ILCS 3975/7  from Ch. 48, par. 2107
20 ILCS 3975/7.2
20 ILCS 3975/7.5
20 ILCS 3975/8  from Ch. 48, par. 2108
20 ILCS 4080/15
30 ILCS 787/15
110 ILCS 947/35
305 ILCS 5/9A-3  from Ch. 23, par. 9A-3
325 ILCS 27/15
820 ILCS 405/500  from Ch. 48, par. 420
820 ILCS 405/502

    Amends the Illinois Workforce Investment Board Act. Changes the name of the Act to the Illinois Workforce Innovation Board Act. Changes the name of the State Workforce Investment Board to the State Workforce Innovation Board. Provides that, on and after the effective date of the amendatory Act, appointments to the Board shall be made in accordance with the federal Workforce Innovation and Opportunity Act. Amends various other Acts to make conforming changes. Effective immediately.


LRB100 08531 HLH 18656 b

 

 

A BILL FOR

 

HB2482LRB100 08531 HLH 18656 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Sections 2.01 and 7 as follows:
 
6    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
7    Sec. 2.01. All meetings required by this Act to be public
8shall be held at specified times and places which are
9convenient and open to the public. No meeting required by this
10Act to be public shall be held on a legal holiday unless the
11regular meeting day falls on that holiday.
12    A quorum of members of a public body must be physically
13present at the location of an open meeting. If, however, an
14open meeting of a public body (i) with statewide jurisdiction,
15(ii) that is an Illinois library system with jurisdiction over
16a specific geographic area of more than 4,500 square miles,
17(iii) that is a municipal transit district with jurisdiction
18over a specific geographic area of more than 4,500 square
19miles, or (iv) that is a local workforce investment area with
20jurisdiction over a specific geographic area of more than 4,500
21square miles is held simultaneously at one of its offices and
22one or more other locations in a public building, which may
23include other of its offices, through an interactive video

 

 

HB2482- 2 -LRB100 08531 HLH 18656 b

1conference and the public body provides public notice and
2public access as required under this Act for all locations,
3then members physically present in those locations all count
4towards determining a quorum. "Public building", as used in
5this Section, means any building or portion thereof owned or
6leased by any public body. The requirement that a quorum be
7physically present at the location of an open meeting shall not
8apply, however, to State advisory boards or bodies that do not
9have authority to make binding recommendations or
10determinations or to take any other substantive action.
11    A quorum of members of a public body that is not (i) a
12public body with statewide jurisdiction, (ii) an Illinois
13library system with jurisdiction over a specific geographic
14area of more than 4,500 square miles, (iii) a municipal transit
15district with jurisdiction over a specific geographic area of
16more than 4,500 square miles, or (iv) a local workforce
17investment area with jurisdiction over a specific geographic
18area of more than 4,500 square miles must be physically present
19at the location of a closed meeting. Other members who are not
20physically present at a closed meeting of such a public body
21may participate in the meeting by means of a video or audio
22conference. For the purposes of this Section, "local workforce
23investment area" means any local workforce investment area or
24areas designated by the Governor pursuant to the federal
25Workforce Innovation and Opportunity Act Workforce Investment
26Act of 1998 or its reauthorizing legislation.

 

 

HB2482- 3 -LRB100 08531 HLH 18656 b

1(Source: P.A. 98-992, eff. 8-18-14.)
 
2    (5 ILCS 120/7)
3    Sec. 7. Attendance by a means other than physical presence.
4    (a) If a quorum of the members of the public body is
5physically present as required by Section 2.01, a majority of
6the public body may allow a member of that body to attend the
7meeting by other means if the member is prevented from
8physically attending because of: (i) personal illness or
9disability; (ii) employment purposes or the business of the
10public body; or (iii) a family or other emergency. "Other
11means" is by video or audio conference.
12    (b) If a member wishes to attend a meeting by other means,
13the member must notify the recording secretary or clerk of the
14public body before the meeting unless advance notice is
15impractical.
16    (c) A majority of the public body may allow a member to
17attend a meeting by other means only in accordance with and to
18the extent allowed by rules adopted by the public body. The
19rules must conform to the requirements and restrictions of this
20Section, may further limit the extent to which attendance by
21other means is allowed, and may provide for the giving of
22additional notice to the public or further facilitate public
23access to meetings.
24    (d) The limitations of this Section shall not apply to (i)
25closed meetings of (A) public bodies with statewide

 

 

HB2482- 4 -LRB100 08531 HLH 18656 b

1jurisdiction, (B) Illinois library systems with jurisdiction
2over a specific geographic area of more than 4,500 square
3miles, (C) municipal transit districts with jurisdiction over a
4specific geographic area of more than 4,500 square miles, or
5(D) local workforce investment areas with jurisdiction over a
6specific geographic area of more than 4,500 square miles or
7(ii) open or closed meetings of State advisory boards or bodies
8that do not have authority to make binding recommendations or
9determinations or to take any other substantive action. State
10advisory boards or bodies, public bodies with statewide
11jurisdiction, Illinois library systems with jurisdiction over
12a specific geographic area of more than 4,500 square miles,
13municipal transit districts with jurisdiction over a specific
14geographic area of more than 4,500 square miles, and local
15workforce investment areas with jurisdiction over a specific
16geographic area of more than 4,500 square miles, however, may
17permit members to attend meetings by other means only in
18accordance with and to the extent allowed by specific
19procedural rules adopted by the body. For the purposes of this
20Section, "local workforce investment area" means any local
21workforce investment area or areas designated by the Governor
22pursuant to the federal Workforce Innovation and Opportunity
23Act Workforce Investment Act of 1998 or its reauthorizing
24legislation.
25(Source: P.A. 98-992, eff. 8-18-14.)
 

 

 

HB2482- 5 -LRB100 08531 HLH 18656 b

1    Section 10. The Civil Administrative Code of Illinois is
2amended by changing Section 5-550 as follows:
 
3    (20 ILCS 5/5-550)  (was 20 ILCS 5/6.23)
4    Sec. 5-550. In the Department of Human Services. A State
5Rehabilitation Council, hereinafter referred to as the
6Council, is hereby established for the purpose of complying
7with the requirements of 34 CFR 361.16 and advising the
8Secretary of Human Services and the vocational rehabilitation
9administrator of the provisions of the federal Rehabilitation
10Act of 1973 and the Americans with Disabilities Act of 1990 in
11matters concerning individuals with disabilities and the
12provision of vocational rehabilitation services. The Council
13shall consist of members appointed by the Governor after
14soliciting recommendations from organizations representing a
15broad range of individuals with disabilities and organizations
16interested in individuals with disabilities. However, the
17Governor may delegate his appointing authority under this
18Section to the Council by executive order.
19    The Council shall consist of the following appointed
20members:
21        (1) One representative of a parent training center
22    established in accordance with the federal Individuals
23    with Disabilities Education Act.
24        (2) One representative of the Client Assistance
25    Program.

 

 

HB2482- 6 -LRB100 08531 HLH 18656 b

1        (3) One vocational rehabilitation counselor who has
2    knowledge of and experience with vocational rehabilitation
3    programs. If an employee of the Department of Human
4    Services is appointed under this item, then he or she shall
5    serve as an ex officio, nonvoting member.
6        (4) One representative of community rehabilitation
7    program service providers.
8        (5) Four representatives of business, industry, and
9    labor.
10        (6) At least two but not more than five representatives
11    of disability advocacy groups representing a cross section
12    of the following:
13            (A) individuals with physical, cognitive, sensory,
14        and mental disabilities; and
15            (B) parents, family members, guardians, advocates,
16        or authorized representative of individuals with
17        disabilities who have difficulty in representing
18        themselves or who are unable, due to their
19        disabilities, to represent themselves.
20        (7) One current or former applicant for, or recipient
21    of, vocational rehabilitation services.
22        (8) One representative from secondary or higher
23    education.
24        (9) One representative of the State Workforce
25    Innovation Investment Board.
26        (10) One representative of the Illinois State Board of

 

 

HB2482- 7 -LRB100 08531 HLH 18656 b

1    Education who is knowledgeable about the Individuals with
2    Disabilities Education Act.
3        (11) The chairperson of, or a member designated by, the
4    Statewide Independent Living Council established under
5    Section 12a of the Rehabilitation of Persons with
6    Disabilities Act.
7        (12) The chairperson of, or a member designated by, the
8    Blind Services Planning Council established under Section
9    7 of the Bureau for the Blind Act.
10        (13) The vocational rehabilitation administrator, as
11    defined in Section 1b of the Rehabilitation of Persons with
12    Disabilities Act, who shall serve as an ex officio,
13    nonvoting member.
14    The Council shall select a Chairperson.
15    The Chairperson and a majority of the members of the
16Council shall be persons who are individuals with disabilities.
17At least one member shall be a senior citizen age 60 or over,
18and at least one member shall be at least 18 but not more than
1925 years old. A majority of the Council members shall not be
20employees of the Department of Human Services.
21    Members appointed to the Council for full terms on or after
22the effective date of this amendatory Act of the 98th General
23Assembly shall be appointed for terms of 3 years. No Council
24member, other than the vocational rehabilitation administrator
25and the representative of the Client Assistance Program, shall
26serve for more than 2 consecutive terms as a representative of

 

 

HB2482- 8 -LRB100 08531 HLH 18656 b

1one of the 13 enumerated categories. If an individual, other
2than the vocational rehabilitation administrator and the
3representative of the Client Assistance Program, has completed
42 consecutive terms and is eligible to seek appointment as a
5representative of one of the other enumerated categories, then
6that individual may be appointed to serve as a representative
7of one of those other enumerated categories after a meaningful
8break in Council service, as defined by the Council through its
9by-laws.
10    Vacancies for unexpired terms shall be filled. Individuals
11appointed by the appointing authority to fill an unexpired term
12shall complete the remainder of the vacated term. When the
13initial term of a person appointed to fill a vacancy is
14completed, the individual appointed to fill that vacancy may be
15re-appointed by the appointing authority to the vacated
16position for one subsequent term.
17    If an excessive number of expired terms and vacated terms
18combine to place an undue burden on the Council, the appointing
19authority may appoint members for terms of 1, 2, or 3 years.
20The appointing authority shall determine the terms of Council
21members to ensure the number of terms expiring each year is as
22close to equal as possible.
23    Notwithstanding the foregoing, a member who is serving on
24the Council on the effective date of this amendatory Act of the
2598th General Assembly and whose term expires as a result of the
26changes made by this amendatory Act of the 98th General

 

 

HB2482- 9 -LRB100 08531 HLH 18656 b

1Assembly may complete the unexpired portion of his or her term.
2    Members shall be reimbursed in accordance with State laws,
3rules, and rates for expenses incurred in the performance of
4their approved, Council-related duties, including expenses for
5travel, child care, or personal assistance services. A member
6who is not employed or who must forfeit wages from other
7employment may be paid reasonable compensation, as determined
8by the Department, for each day the member is engaged in
9performing approved duties of the Council.
10    The Council shall meet at least 4 times per year at times
11and places designated by the Chairperson upon 10 days written
12notice to the members. Special meetings may be called by the
13Chairperson or 7 members of the Council upon 7 days written
14notice to the other members. Nine members shall constitute a
15quorum. No member of the Council shall cast a vote on any
16matter that would provide direct financial benefit to the
17member or otherwise give the appearance of a conflict of
18interest under Illinois law.
19    The Council shall prepare and submit to the vocational
20rehabilitation administrator the reports and findings that the
21vocational rehabilitation administrator may request or that
22the Council deems fit. The Council shall select jointly with
23the vocational rehabilitation administrator a pool of
24qualified persons to serve as impartial hearing officers. The
25Council shall, with the vocational rehabilitation unit in the
26Department, jointly develop, agree to, and review annually

 

 

HB2482- 10 -LRB100 08531 HLH 18656 b

1State goals and priorities and jointly submit annual reports of
2progress to the federal Commissioner of the Rehabilitation
3Services Administration.
4    To the extent that there is a disagreement between the
5Council and the unit within the Department of Human Services
6responsible for the administration of the vocational
7rehabilitation program, regarding the resources necessary to
8carry out the functions of the Council as set forth in this
9Section, the disagreement shall be resolved by the Governor.
10(Source: P.A. 98-76, eff. 7-15-13; 99-143, eff. 7-27-15.)
 
11    Section 15. The Department of Commerce and Economic
12Opportunity Law of the Civil Administrative Code of Illinois is
13amended by changing Section 605-750 as follows:
 
14    (20 ILCS 605/605-750)
15    Sec. 605-750. Posting requirements; Illinois Workforce
16Innovation Investment Board. The Department must comply with
17the Internet posting requirements set forth in Section 7.2 of
18the Illinois Workforce Innovation Investment Board Act. The
19information must be posted on the Department's Internet website
20no later than 30 days after the Department receives the
21information from the Illinois Workforce Innovation Investment
22Board.
23(Source: P.A. 97-356, eff. 1-1-12.)
 

 

 

HB2482- 11 -LRB100 08531 HLH 18656 b

1    Section 20. The Illinois Emergency Employment Development
2Act is amended by changing Section 2 as follows:
 
3    (20 ILCS 630/2)  (from Ch. 48, par. 2402)
4    Sec. 2. For the purposes of this Act, the following words
5have the meanings ascribed to them in this Section.
6    (a) "Advisory Committee" means the 21st Century Workforce
7Development Fund Advisory Committee.
8    (b) "Coordinator" means the Illinois Emergency Employment
9Development Coordinator appointed under Section 3.
10    (c) "Department" means the Illinois Department of Commerce
11and Economic Opportunity.
12    (d) "Director" means the Director of Commerce and Economic
13Opportunity.
14    (e) "Eligible business" means a for-profit business.
15    (f) "Eligible employer" means an eligible nonprofit
16agency, or an eligible business.
17    (g) "Eligible job applicant" means a person who (1) has
18been a resident of this State for at least one year; and (2) is
19unemployed; and (3) is not receiving and is not qualified to
20receive unemployment compensation or workers' compensation;
21and (4) is determined by the employment administrator to be
22likely to be available for employment by an eligible employer
23for the duration of the job.
24    (h) "Eligible nonprofit agency" means an organization
25exempt from taxation under the Internal Revenue Code of 1954,

 

 

HB2482- 12 -LRB100 08531 HLH 18656 b

1Section 501(c)(3).
2    (i) "Employment administrator" means the administrative
3entity designated by the Coordinator, and approved by the
4Advisory Committee, to administer the provisions of this Act in
5each service delivery area. With approval of the Advisory
6Committee, the Coordinator may designate an administrative
7entity authorized under the Workforce Innovation and
8Opportunity Act Workforce Investment Act or private, public, or
9non-profit entities that have proven effectiveness in
10providing training, workforce development, and job placement
11services to low-income individuals.
12    (j) "Fringe benefits" means all non-salary costs for each
13person employed under the program, including, but not limited
14to, workers compensation, unemployment insurance, and health
15benefits, as would be provided to non-subsidized employees
16performing similar work.
17    (k) "Household" means a group of persons living at the same
18residence consisting of, at a maximum, spouses and the minor
19children of each.
20    (l) "Program" means the Illinois Emergency Employment
21Development Program created by this Act consisting of new job
22creation in the private sector.
23    (m) "Service delivery area" means an area designated as a
24Local Workforce Investment Area by the State.
25    (n) "Workforce Innovation and Opportunity Act" "Workforce
26Investment Act" means the federal Workforce Innovation and

 

 

HB2482- 13 -LRB100 08531 HLH 18656 b

1Opportunity Act Workforce Investment Act of 1998, any
2amendments to that Act, and any other applicable federal
3statutes.
4(Source: P.A. 99-576, eff. 7-15-16.)
 
5    Section 25. The Department of Employment Security Law of
6the Civil Administrative Code of Illinois is amended by
7changing Section 1005-155 as follows:
 
8    (20 ILCS 1005/1005-155)
9    Sec. 1005-155. Illinois Employment and Training Centers
10report. The Department of Employment Security, or the State
11agency responsible for the oversight of the federal Workforce
12Innovation and Opportunity Act Workforce Investment Act of 1998
13if that agency is not the Department of Employment Security,
14shall prepare a report for the Governor and the General
15Assembly regarding the progress of the Illinois Employment and
16Training Centers in serving individuals with disabilities. The
17report must include, but is not limited to, the following: (i)
18the number of individuals referred to the Illinois Employment
19and Training Centers by the Department of Human Services Office
20of Rehabilitation Services; (ii) the total number of
21individuals with disabilities served by the Illinois
22Employment and Training Centers; (iii) the number of
23individuals with disabilities served in federal Workforce
24Innovation and Opportunity Act Workforce Investment Act of 1998

 

 

HB2482- 14 -LRB100 08531 HLH 18656 b

1employment and training programs; (iv) the number of
2individuals with disabilities annually placed in jobs by the
3Illinois Employment and Training Centers; and (v) the number of
4individuals with disabilities referred by the Illinois
5Employment and Training Centers to the Department of Human
6Services Office of Rehabilitation Services. The report is due
7by December 31, 2004 based on the previous State program year
8of July 1 through June 30, and is due annually thereafter.
9"Individuals with disabilities" are defined as those who
10self-report as being qualified as disabled under the 1973
11Rehabilitation Act or the 1990 Americans with Disabilities Act,
12for the purposes of this Law.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    Section 30. The Illinois Guaranteed Job Opportunity Act is
15amended by changing Section 35 as follows:
 
16    (20 ILCS 1510/35)
17    Sec. 35. Local Job Projects.
18    (a) General authority. The Department may accept
19applications and issue grants for operation of projects under
20this Act.
21    (b) Project. Subject to appropriation, no more than 3 small
22projects may be selected to pilot a subsidized employment to
23Temporary Assistance for Needy Families (TANF) program for
24participants for a period of not more than 6 months. The

 

 

HB2482- 15 -LRB100 08531 HLH 18656 b

1selected projects shall demonstrate their ability to move
2clients from participation in the project to unsubsidized
3employment. The Department may refer TANF participants to other
4subsidized employment programs available through the federal
5Workforce Innovation and Opportunity Act Workforce Investment
6Act (WIA) One Stops or through other community-based programs.
7    (c) Political affiliation prohibited. No manager or other
8officer or employee of the job project assisted under this Act
9may apply a political affiliation test in selecting eligible
10participation for employment in the project.
11    (d) Limitations.
12        (1) Not more than 10% of the total expenses in any
13    fiscal year of the job project may be used for
14    transportation and equipment.
15        (2) (Blank).
16    (e) Minimum hours per week employed. No eligible
17participant employed in a job project assisted under this Act
18may be employed on the project for less than 30 hours per week.
19    (f) (Blank).
20(Source: P.A. 93-46, eff. 7-1-03.)
 
21    Section 35. The Rehabilitation of Persons with
22Disabilities Act is amended by changing Section 3 as follows:
 
23    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
24    Sec. 3. Powers and duties. The Department shall have the

 

 

HB2482- 16 -LRB100 08531 HLH 18656 b

1powers and duties enumerated herein:
2    (a) To co-operate with the federal government in the
3administration of the provisions of the federal Rehabilitation
4Act of 1973, as amended, of the Workforce Innovation and
5Opportunity Act Workforce Investment Act of 1998, and of the
6federal Social Security Act to the extent and in the manner
7provided in these Acts.
8    (b) To prescribe and supervise such courses of vocational
9training and provide such other services as may be necessary
10for the habilitation and rehabilitation of persons with one or
11more disabilities, including the administrative activities
12under subsection (e) of this Section, and to co-operate with
13State and local school authorities and other recognized
14agencies engaged in habilitation, rehabilitation and
15comprehensive rehabilitation services; and to cooperate with
16the Department of Children and Family Services regarding the
17care and education of children with one or more disabilities.
18    (c) (Blank).
19    (d) To report in writing, to the Governor, annually on or
20before the first day of December, and at such other times and
21in such manner and upon such subjects as the Governor may
22require. The annual report shall contain (1) a statement of the
23existing condition of comprehensive rehabilitation services,
24habilitation and rehabilitation in the State; (2) a statement
25of suggestions and recommendations with reference to the
26development of comprehensive rehabilitation services,

 

 

HB2482- 17 -LRB100 08531 HLH 18656 b

1habilitation and rehabilitation in the State; and (3) an
2itemized statement of the amounts of money received from
3federal, State and other sources, and of the objects and
4purposes to which the respective items of these several amounts
5have been devoted.
6    (e) (Blank).
7    (f) To establish a program of services to prevent the
8unnecessary institutionalization of persons in need of long
9term care and who meet the criteria for blindness or disability
10as defined by the Social Security Act, thereby enabling them to
11remain in their own homes. Such preventive services include any
12or all of the following:
13        (1) personal assistant services;
14        (2) homemaker services;
15        (3) home-delivered meals;
16        (4) adult day care services;
17        (5) respite care;
18        (6) home modification or assistive equipment;
19        (7) home health services;
20        (8) electronic home response;
21        (9) brain injury behavioral/cognitive services;
22        (10) brain injury habilitation;
23        (11) brain injury pre-vocational services; or
24        (12) brain injury supported employment.
25    The Department shall establish eligibility standards for
26such services taking into consideration the unique economic and

 

 

HB2482- 18 -LRB100 08531 HLH 18656 b

1social needs of the population for whom they are to be
2provided. Such eligibility standards may be based on the
3recipient's ability to pay for services; provided, however,
4that any portion of a person's income that is equal to or less
5than the "protected income" level shall not be considered by
6the Department in determining eligibility. The "protected
7income" level shall be determined by the Department, shall
8never be less than the federal poverty standard, and shall be
9adjusted each year to reflect changes in the Consumer Price
10Index For All Urban Consumers as determined by the United
11States Department of Labor. The standards must provide that a
12person may not have more than $10,000 in assets to be eligible
13for the services, and the Department may increase or decrease
14the asset limitation by rule. The Department may not decrease
15the asset level below $10,000.
16    The services shall be provided, as established by the
17Department by rule, to eligible persons to prevent unnecessary
18or premature institutionalization, to the extent that the cost
19of the services, together with the other personal maintenance
20expenses of the persons, are reasonably related to the
21standards established for care in a group facility appropriate
22to their condition. These non-institutional services, pilot
23projects or experimental facilities may be provided as part of
24or in addition to those authorized by federal law or those
25funded and administered by the Illinois Department on Aging.
26The Department shall set rates and fees for services in a fair

 

 

HB2482- 19 -LRB100 08531 HLH 18656 b

1and equitable manner. Services identical to those offered by
2the Department on Aging shall be paid at the same rate.
3    Personal assistants shall be paid at a rate negotiated
4between the State and an exclusive representative of personal
5assistants under a collective bargaining agreement. In no case
6shall the Department pay personal assistants an hourly wage
7that is less than the federal minimum wage.
8    Solely for the purposes of coverage under the Illinois
9Public Labor Relations Act (5 ILCS 315/), personal assistants
10providing services under the Department's Home Services
11Program shall be considered to be public employees and the
12State of Illinois shall be considered to be their employer as
13of the effective date of this amendatory Act of the 93rd
14General Assembly, but not before. Solely for the purposes of
15coverage under the Illinois Public Labor Relations Act, home
16care and home health workers who function as personal
17assistants and individual maintenance home health workers and
18who also provide services under the Department's Home Services
19Program shall be considered to be public employees, no matter
20whether the State provides such services through direct
21fee-for-service arrangements, with the assistance of a managed
22care organization or other intermediary, or otherwise, and the
23State of Illinois shall be considered to be the employer of
24those persons as of January 29, 2013 (the effective date of
25Public Act 97-1158), but not before except as otherwise
26provided under this subsection (f). The State shall engage in

 

 

HB2482- 20 -LRB100 08531 HLH 18656 b

1collective bargaining with an exclusive representative of home
2care and home health workers who function as personal
3assistants and individual maintenance home health workers
4working under the Home Services Program concerning their terms
5and conditions of employment that are within the State's
6control. Nothing in this paragraph shall be understood to limit
7the right of the persons receiving services defined in this
8Section to hire and fire home care and home health workers who
9function as personal assistants and individual maintenance
10home health workers working under the Home Services Program or
11to supervise them within the limitations set by the Home
12Services Program. The State shall not be considered to be the
13employer of home care and home health workers who function as
14personal assistants and individual maintenance home health
15workers working under the Home Services Program for any
16purposes not specifically provided in Public Act 93-204 or
17Public Act 97-1158, including but not limited to, purposes of
18vicarious liability in tort and purposes of statutory
19retirement or health insurance benefits. Home care and home
20health workers who function as personal assistants and
21individual maintenance home health workers and who also provide
22services under the Department's Home Services Program shall not
23be covered by the State Employees Group Insurance Act of 1971
24(5 ILCS 375/).
25    The Department shall execute, relative to nursing home
26prescreening, as authorized by Section 4.03 of the Illinois Act

 

 

HB2482- 21 -LRB100 08531 HLH 18656 b

1on the Aging, written inter-agency agreements with the
2Department on Aging and the Department of Healthcare and Family
3Services, to effect the intake procedures and eligibility
4criteria for those persons who may need long term care. On and
5after July 1, 1996, all nursing home prescreenings for
6individuals 18 through 59 years of age shall be conducted by
7the Department, or a designee of the Department.
8    The Department is authorized to establish a system of
9recipient cost-sharing for services provided under this
10Section. The cost-sharing shall be based upon the recipient's
11ability to pay for services, but in no case shall the
12recipient's share exceed the actual cost of the services
13provided. Protected income shall not be considered by the
14Department in its determination of the recipient's ability to
15pay a share of the cost of services. The level of cost-sharing
16shall be adjusted each year to reflect changes in the
17"protected income" level. The Department shall deduct from the
18recipient's share of the cost of services any money expended by
19the recipient for disability-related expenses.
20    To the extent permitted under the federal Social Security
21Act, the Department, or the Department's authorized
22representative, may recover the amount of moneys expended for
23services provided to or in behalf of a person under this
24Section by a claim against the person's estate or against the
25estate of the person's surviving spouse, but no recovery may be
26had until after the death of the surviving spouse, if any, and

 

 

HB2482- 22 -LRB100 08531 HLH 18656 b

1then only at such time when there is no surviving child who is
2under age 21 or blind or who has a permanent and total
3disability. This paragraph, however, shall not bar recovery, at
4the death of the person, of moneys for services provided to the
5person or in behalf of the person under this Section to which
6the person was not entitled; provided that such recovery shall
7not be enforced against any real estate while it is occupied as
8a homestead by the surviving spouse or other dependent, if no
9claims by other creditors have been filed against the estate,
10or, if such claims have been filed, they remain dormant for
11failure of prosecution or failure of the claimant to compel
12administration of the estate for the purpose of payment. This
13paragraph shall not bar recovery from the estate of a spouse,
14under Sections 1915 and 1924 of the Social Security Act and
15Section 5-4 of the Illinois Public Aid Code, who precedes a
16person receiving services under this Section in death. All
17moneys for services paid to or in behalf of the person under
18this Section shall be claimed for recovery from the deceased
19spouse's estate. "Homestead", as used in this paragraph, means
20the dwelling house and contiguous real estate occupied by a
21surviving spouse or relative, as defined by the rules and
22regulations of the Department of Healthcare and Family
23Services, regardless of the value of the property.
24    The Department shall submit an annual report on programs
25and services provided under this Section. The report shall be
26filed with the Governor and the General Assembly on or before

 

 

HB2482- 23 -LRB100 08531 HLH 18656 b

1March 30 each year.
2    The requirement for reporting to the General Assembly shall
3be satisfied by filing copies of the report with the Speaker,
4the Minority Leader and the Clerk of the House of
5Representatives and the President, the Minority Leader and the
6Secretary of the Senate and the Legislative Research Unit, as
7required by Section 3.1 of the General Assembly Organization
8Act, and filing additional copies with the State Government
9Report Distribution Center for the General Assembly as required
10under paragraph (t) of Section 7 of the State Library Act.
11    (g) To establish such subdivisions of the Department as
12shall be desirable and assign to the various subdivisions the
13responsibilities and duties placed upon the Department by law.
14    (h) To cooperate and enter into any necessary agreements
15with the Department of Employment Security for the provision of
16job placement and job referral services to clients of the
17Department, including job service registration of such clients
18with Illinois Employment Security offices and making job
19listings maintained by the Department of Employment Security
20available to such clients.
21    (i) To possess all powers reasonable and necessary for the
22exercise and administration of the powers, duties and
23responsibilities of the Department which are provided for by
24law.
25    (j) (Blank).
26    (k) (Blank).

 

 

HB2482- 24 -LRB100 08531 HLH 18656 b

1    (l) To establish, operate and maintain a Statewide Housing
2Clearinghouse of information on available, government
3subsidized housing accessible to persons with disabilities and
4available privately owned housing accessible to persons with
5disabilities. The information shall include but not be limited
6to the location, rental requirements, access features and
7proximity to public transportation of available housing. The
8Clearinghouse shall consist of at least a computerized database
9for the storage and retrieval of information and a separate or
10shared toll free telephone number for use by those seeking
11information from the Clearinghouse. Department offices and
12personnel throughout the State shall also assist in the
13operation of the Statewide Housing Clearinghouse. Cooperation
14with local, State and federal housing managers shall be sought
15and extended in order to frequently and promptly update the
16Clearinghouse's information.
17    (m) To assure that the names and case records of persons
18who received or are receiving services from the Department,
19including persons receiving vocational rehabilitation, home
20services, or other services, and those attending one of the
21Department's schools or other supervised facility shall be
22confidential and not be open to the general public. Those case
23records and reports or the information contained in those
24records and reports shall be disclosed by the Director only to
25proper law enforcement officials, individuals authorized by a
26court, the General Assembly or any committee or commission of

 

 

HB2482- 25 -LRB100 08531 HLH 18656 b

1the General Assembly, and other persons and for reasons as the
2Director designates by rule. Disclosure by the Director may be
3only in accordance with other applicable law.
4(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
 
5    Section 40. The Illinois Workforce Investment Board Act is
6amended by changing Sections 1, 2.5, 3, 4.5, 5, 6, 7, 7.2, 7.5,
7and 8 as follows:
 
8    (20 ILCS 3975/1)  (from Ch. 48, par. 2101)
9    Sec. 1. Short title. This Act may be cited as the Illinois
10Workforce Innovation Investment Board Act.
11(Source: P.A. 92-588, eff. 7-1-02.)
 
12    (20 ILCS 3975/2.5)
13    Sec. 2.5. Purpose.
14    (a) Beginning on the effective date of this amendatory Act
15of the 92nd General Assembly, the Illinois Human Resource
16Investment Council shall be known as the Illinois Workforce
17Investment Board. Beginning on the effective date of this
18amendatory Act of the 100th General Assembly, the Illinois
19Workforce Investment Board shall be known as the Illinois
20Workforce Innovation Board. The Illinois Workforce Innovation
21Investment Board is the State advisory board pertaining to
22workforce preparation policy. The Board shall ensure that
23Illinois' workforce preparation services and programs are

 

 

HB2482- 26 -LRB100 08531 HLH 18656 b

1coordinated and integrated and shall measure and evaluate the
2overall performance and results of these programs. The Board
3shall further cooperation between government and the private
4sector to meet the workforce preparation needs of employers and
5workers in Illinois. The Board shall provide ongoing oversight
6of programs and needed information about the functioning of
7labor markets in Illinois.
8    (b) The Board shall help Illinois create and maintain a
9workforce with the skills and abilities that will keep the
10economy productive.
11    (c) The Board shall meet the requirements of the federal
12Workforce Innovation and Opportunity Act Workforce Investment
13Act of 1998.
14(Source: P.A. 92-588, eff. 7-1-02.)
 
15    (20 ILCS 3975/3)  (from Ch. 48, par. 2103)
16    Sec. 3. Illinois Workforce Innovation Investment Board.
17    (a) The Illinois Workforce Innovation Investment Board
18shall include:
19        (1) the Governor;
20        (2) 2 members of the House of Representatives appointed
21    by the Speaker of the House and 2 members of the Senate
22    appointed by the President of the Senate; and
23        (3) for appointments made prior to the effective date
24    of this amendatory Act of the 100th General Assembly,
25    persons appointed by the Governor, with the advice and

 

 

HB2482- 27 -LRB100 08531 HLH 18656 b

1    consent of the Senate (except in the case of a person
2    holding an office or employment described in subparagraph
3    (F) when appointment to the office or employment requires
4    the advice and consent of the Senate), from among the
5    following:
6            (A) representatives of business in this State who
7        (i) are owners of businesses, chief executives or
8        operating officers of businesses, or other business
9        executives or employers with optimum policymaking or
10        hiring authority, including members of local boards
11        described in Section 117(b)(2)(A)(i) of the federal
12        Workforce Investment Act of 1998; (ii) represent
13        businesses with employment opportunities that reflect
14        the employment opportunities in the State; and (iii)
15        are appointed from among individuals nominated by
16        State business organizations and business trade
17        associations;
18            (B) chief elected officials from cities and
19        counties;
20            (C) representatives of labor organizations who
21        have been nominated by State labor federations;
22            (D) representatives of individuals or
23        organizations that have experience with youth
24        activities;
25            (E) representatives of individuals or
26        organizations that have experience and expertise in

 

 

HB2482- 28 -LRB100 08531 HLH 18656 b

1        the delivery of workforce investment activities,
2        including chief executive officers of community
3        colleges and community-based organizations within the
4        State;
5            (F) the lead State agency officials with
6        responsibility for the programs and activities that
7        are described in Section 121(b) of the federal
8        Workforce Investment Act of 1998 and carried out by
9        one-stop partners and, in any case in which no lead
10        State agency official has responsibility for such a
11        program, service, or activity, a representative in the
12        State with expertise in such program, service, or
13        activity; and
14            (G) any other representatives and State agency
15        officials that the Governor may appoint, including,
16        but not limited to, one or more representatives of
17        local public education, post-secondary institutions,
18        secondary or post-secondary vocational education
19        institutions, and community-based organizations; and .
20        (4) for appointments made on or after the effective
21    date of this amendatory Act of the 100th General Assembly,
22    persons appointed by the Governor in accordance with
23    Section 101 of the federal Workforce Innovation and
24    Opportunity Act, subject to the advice and consent of the
25    Senate.
26    (b) (Blank). Members of the Board that represent

 

 

HB2482- 29 -LRB100 08531 HLH 18656 b

1organizations, agencies, or other entities must be individuals
2with optimum policymaking authority within the organization,
3agency, or entity. The members of the Board must represent
4diverse regions of the State, including urban, rural, and
5suburban areas.
6    (c) (Blank). A majority of the members of the Board must be
7representatives described in subparagraph (A) of paragraph (3)
8of subsection (a). There must be at least 2 members from each
9of the categories described in subparagraphs (D) and (E) of
10paragraph (3) of subsection (a). There must be at least 3
11members from the category described in subparagraph (C) of
12paragraph (3) of subsection (a). A majority of any committee
13the Board may establish for the purpose of general oversight,
14control, supervision, or management of the Board's business
15must be representatives described in subparagraph (A) of
16paragraph (3) of subsection (a); any such committee must also
17include at least one representative from each of the categories
18described in subparagraphs (C) through (E) of paragraph (3) of
19subsection (a) and may include one or more representatives from
20any other categories described in paragraph (3) of subsection
21(a).
22    (d) The Governor shall select a chairperson as provided in
23the federal Workforce Innovation and Opportunity Act for the
24Board from among the representatives described in subparagraph
25(A) of paragraph (3) of subsection (a).
26    (d-5) (Blank).

 

 

HB2482- 30 -LRB100 08531 HLH 18656 b

1    (e) Except as otherwise provided in this subsection, this
2amendatory Act of the 92nd General Assembly does not affect the
3tenure of any member appointed to and serving on the Illinois
4Human Resource Investment Council on the effective date of this
5amendatory Act of the 92nd General Assembly. Members of the
6Board nominated for appointment in 2000, 2001, or 2002 shall
7serve for fixed and staggered terms, as designated by the
8Governor, expiring no later than July 1 of the second calendar
9year succeeding their respective appointments or until their
10successors are appointed and qualified. Members of the Board
11nominated for appointment after 2002 shall serve for terms
12expiring on July 1 of the second calendar year succeeding their
13respective appointments, or until their successors are
14appointed and qualified. A State official or employee serving
15on the Board under subparagraph (F) of paragraph (3) of
16subsection (a) by virtue of his or her State office or
17employment shall serve during the term of that office or
18employment. A vacancy is created in situations including, but
19not limited to, those in which an individual serving on the
20Board ceases to satisfy all of the requirements for appointment
21under the provision under which he or she was appointed. The
22Governor may at any time make appointments to fill vacancies
23for the balance of an unexpired term. Vacancies shall be filled
24in the same manner as the original appointment. Members shall
25serve without compensation, but shall be reimbursed for
26necessary expenses incurred in the performance of their duties.

 

 

HB2482- 31 -LRB100 08531 HLH 18656 b

1    (f) The Board shall meet at least 4 times per calendar year
2at times and in places that it deems necessary. The Board shall
3be subject to the Open Meetings Act and, to the extent required
4by that law, its meetings shall be publicly announced and open
5and accessible to the general public. The Board shall adopt any
6rules and operating procedures that it deems necessary to carry
7out its responsibilities under this Act and under the federal
8Workforce Innovation and Opportunity Act Workforce Investment
9Act of 1998.
10(Source: P.A. 92-588, eff. 7-1-02.)
 
11    (20 ILCS 3975/4.5)
12    Sec. 4.5. Duties.
13    (a) The Board must perform all the functions of a state
14workforce investment board under the federal Workforce
15Innovation and Opportunity Act Workforce Investment Act of
161998, any amendments to that Act, and any other applicable
17federal statutes. The Board must also perform all other
18functions that are not inconsistent with the federal Workforce
19Innovation and Opportunity Act Workforce Investment Act of 1998
20or this Act and that are assumed by the Board under its bylaws
21or assigned to it by the Governor.
22    (b) The Board must cooperate with the General Assembly and
23make recommendations to the Governor and the General Assembly
24concerning legislation necessary to improve upon statewide and
25local workforce investment systems in order to increase

 

 

HB2482- 32 -LRB100 08531 HLH 18656 b

1occupational skill attainment, employment, retention, or
2earnings of participants and thereby improve the quality of the
3workforce, reduce welfare dependency, and enhance the
4productivity and competitiveness of the State. The Board must
5annually submit a report to the General Assembly on the
6progress of the State in achieving state performance measures
7under the federal Workforce Innovation and Opportunity Act
8Workforce Investment Act of 1998, including information on the
9levels of performance achieved by the State with respect to the
10core indicators of performance and the customer satisfaction
11indicator under that Act. The report must include any other
12items that the Governor may be required to report to the
13Secretary of the United States Department of Labor under
14Section 136(d) of the federal Workforce Investment Act of 1998.
15    (b-5) The Board shall implement a method for measuring the
16progress of the State's workforce development system by using
17benchmarks specified in the federal Workforce Innovation and
18Opportunity Act. specified benchmarks. Those benchmarks are:
19(i) the educational level of working adults; (ii) the
20percentage of the adult workforce in education and training;
21(iii) adult literacy; (iv) the percentage of high school
22graduates transitioning to education or training; (v) the high
23school dropout rate; (vi) the number of youth transitioning
24from 8th grade to 9th grade; (vii) the percentage of
25individuals and families at economic self-sufficiency; (viii)
26the average growth in pay; (ix) net job growth; and (x)

 

 

HB2482- 33 -LRB100 08531 HLH 18656 b

1productivity per employee.
2    The Board shall identify the most significant early
3indicators for each benchmark, establish a mechanism to collect
4data and track the benchmarks on an annual basis, and then use
5the results to set goals for each benchmark, to inform
6planning, and to ensure the effective use of State resources.
7    (c) Nothing in this Act shall be construed to require or
8allow the Board to assume or supersede the statutory authority
9granted to, or impose any duties or requirements on, the State
10Board of Education, the Board of Higher Education, the Illinois
11Community College Board, any State agencies created under the
12Civil Administrative Code of Illinois, or any local education
13agencies.
14    (d) No actions taken by the Illinois Human Resource
15Investment Council before the effective date of this amendatory
16Act of the 92nd General Assembly and no rights, powers, duties,
17or obligations from those actions are impaired solely by this
18amendatory Act of the 92nd General Assembly. All actions taken
19by the Illinois Human Resource Investment Council before the
20effective date of this amendatory Act of the 92nd General
21Assembly are ratified and validated.
22(Source: P.A. 92-588, eff. 7-1-02; 93-331, eff. 1-1-04.)
 
23    (20 ILCS 3975/5)  (from Ch. 48, par. 2105)
24    Sec. 5. Plans; expenditures. The plans and decisions of the
25Board shall be subject to approval by the Governor. All funds

 

 

HB2482- 34 -LRB100 08531 HLH 18656 b

1received by the State pursuant to the federal Job Training
2Partnership Act or the federal Workforce Innovation and
3Opportunity Act Workforce Investment Act of 1998 shall be
4expended only pursuant to appropriation.
5(Source: P.A. 92-588, eff. 7-1-02.)
 
6    (20 ILCS 3975/6)  (from Ch. 48, par. 2106)
7    Sec. 6. Programs and services, conflict of interest. In
8order to assure objective management and oversight, the Board
9shall not operate programs or provide services directly to
10eligible participants, but shall exist solely to plan,
11coordinate and monitor the provisions of such programs and
12services.
13    A member of the Board may not (1) vote on a matter under
14consideration by the Board that (a) regards the provision of
15services by the member or by an entity that the member
16represents or (b) would provide direct financial benefit to the
17member or the immediate family of the member or (2) engage in
18any other activity determined by the Governor to constitute a
19conflict of interest as specified in the State plan established
20under the federal Workforce Investment Act of 1998.
21(Source: P.A. 92-588, eff. 7-1-02.)
 
22    (20 ILCS 3975/7)  (from Ch. 48, par. 2107)
23    Sec. 7. Personnel. The Board is authorized to obtain the
24services of any professional, technical and clerical personnel

 

 

HB2482- 35 -LRB100 08531 HLH 18656 b

1that may be necessary to carry out its functions under this Act
2and under the federal Workforce Innovation and Opportunity Act
3Workforce Investment Act of 1998.
4(Source: P.A. 92-588, eff. 7-1-02.)
 
5    (20 ILCS 3975/7.2)
6    Sec. 7.2. Posting requirements; Department of Commerce and
7Economic Opportunity's website. On and after the effective date
8of this amendatory Act of the 97th General Assembly, the
9Illinois Workforce Innovation Investment Board must annually
10submit to the Department of Commerce and Economic Opportunity
11the following information to be posted on the Department's
12official Internet website:
13        (1) All agendas and meeting minutes for meetings of the
14    Illinois Workforce Innovation Investment Board.
15        (2) All line-item budgets for the local workforce
16    investment areas located within the State.
17        (3) A listing of all contracts and contract values for
18    all workforce development training and service providers.
19    The information required under this Section must be posted
20on the Department of Commerce and Economic Opportunity's
21Internet website no later than 30 days after the Department
22receives the information from the Illinois Workforce
23Innovation Investment Board.
24(Source: P.A. 97-356, eff. 1-1-12.)
 

 

 

HB2482- 36 -LRB100 08531 HLH 18656 b

1    (20 ILCS 3975/7.5)
2    Sec. 7.5. Procurement. The Illinois Workforce Innovation
3Investment Board is subject to the Illinois Procurement Code,
4to the extent consistent with all applicable federal laws.
5(Source: P.A. 97-356, eff. 1-1-12.)
 
6    (20 ILCS 3975/8)  (from Ch. 48, par. 2108)
7    Sec. 8. Audits. The Illinois Workforce Innovation
8Investment Board and any recipient of funds under this Act
9shall be subject to audits conducted by the Auditor General
10with respect to all funds appropriated for the purposes of this
11Act.
12(Source: P.A. 92-588, eff. 7-1-02.)
 
13    Section 45. The Commission on the Elimination of Poverty
14Act is amended by changing Section 15 as follows:
 
15    (20 ILCS 4080/15)
16    Sec. 15. Members. The Commission on the Elimination of
17Poverty shall be composed of no more than 26 voting members
18including 2 members of the Illinois House of Representatives,
19one appointed by the Speaker of the House and one appointed by
20the House Minority Leader; 2 members of the Illinois Senate,
21one appointed by the Senate President and one appointed by the
22Senate Minority Leader; one representative of the Office of the
23Governor appointed by the Governor; one representative of the

 

 

HB2482- 37 -LRB100 08531 HLH 18656 b

1Office of the Lieutenant Governor appointed by the Lieutenant
2Governor; and 20 public members, 4 of whom shall be appointed
3by the Governor, 4 of whom shall be appointed by the Speaker of
4the House, 4 of whom shall be appointed by the House Minority
5Leader, 4 of whom shall be appointed by the Senate President,
6and 4 of whom shall be appointed by the Senate Minority Leader.
7It shall be determined by lot who will appoint which public
8members of the Commission. The public members shall include a
9representative of a service-based human rights organization; 2
10representatives from anti-poverty organizations, including one
11that focuses on rural poverty; 2 individuals who have
12experienced extreme poverty; a representative of an
13organization that advocates for health care access,
14affordability and availability; a representative of an
15organization that advocates for persons with mental illness; a
16representative of an organization that advocates for children
17and youth; a representative of an organization that advocates
18for quality and equality in education; a representative of an
19organization that advocates for people who are homeless; a
20representative of a statewide anti-hunger organization; a
21person with a disability; a representative of an organization
22that advocates for persons with disabilities; a representative
23of an organization that advocates for immigrants; a
24representative of a statewide faith-based organization that
25provides direct social services in Illinois; a representative
26of an organization that advocates for economic security for

 

 

HB2482- 38 -LRB100 08531 HLH 18656 b

1women; a representative of an organization that advocates for
2older adults; a representative of a labor organization that
3represents primarily low and middle-income wage earners; a
4representative of a municipal or county government; and a
5representative of township government. The appointed members
6shall reflect the racial, gender, and geographic diversity of
7the State and shall include representation from regions of the
8State experiencing the highest rates of extreme poverty.
9    The following officials shall serve as ex-officio members:
10the Secretary of Human Services or his or her designee; the
11Director of Corrections or his or her designee; the Director of
12Healthcare and Family Services or his or her designee; the
13Director of Human Rights or his or her designee; the Director
14of Children and Family Services or his or her designee; the
15Director of Commerce and Economic Opportunity or his or her
16designee; the State Superintendent of Education or his or her
17designee; the Director of Aging or his or her designee; the
18Director of Public Health or his or her designee; and the
19Director of Employment Security or his or her designee. The
20State Workforce Innovation Investment Board, the
21African-American Family Commission, and the Latino Family
22Commission shall each designate a liaison to serve ex-officio
23on the Commission.
24    Members shall serve without compensation, but, subject to
25the availability of funds, public members may be reimbursed for
26reasonable and necessary travel expenses connected to

 

 

HB2482- 39 -LRB100 08531 HLH 18656 b

1Commission business.
2    Commission members shall be appointed within 60 days after
3the effective date of this Act. The Commission shall hold its
4initial meeting within 30 days after at least 50% of the
5members have been appointed.
6    The representative of the Office of the Governor and the
7representative of a service-based human rights organization
8shall serve as co-chairs of the Commission.
9    At the first meeting of the Commission, the members shall
10select a 7-person Steering Committee that includes the
11co-chairs.
12    The Commission may establish committees that address
13specific issues or populations and may appoint individuals with
14relevant expertise who are not appointed members of the
15Commission to serve on committees as needed.
16    Subject to appropriation, the office of the Governor, or a
17designee of the Governor's choosing, shall provide
18administrative support to the Commission.
19(Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.)
 
20    Section 50. The 21st Century Workforce Development Fund Act
21is amended by changing Section 15 as follows:
 
22    (30 ILCS 787/15)
23    Sec. 15. Use of Fund.
24    (a) Role of Fund. Subject to appropriation, resources from

 

 

HB2482- 40 -LRB100 08531 HLH 18656 b

1the Fund are intended to be used flexibly to support innovative
2and locally-driven strategies, to leverage other funding
3sources, and to fill gaps in existing workforce development
4resources in Illinois. They are not intended to supplant
5existing workforce development resources.
6    (b) Distribution of funds. Funds shall be distributed
7through competitive grantmaking processes administered by the
8Department and overseen by the Advisory Committee. No more than
96% of funds used for grants may be retained by the Department
10for administrative costs or for program evaluation or technical
11assistance activities.
12    (c) Grantmaking. The Department must administer funds
13through competitive grantmaking in accordance with the
14priorities described in this Act. Grantmaking must be used to
15support workforce development strategies consistent with the
16priorities outlined in this Act. Strategies may include, but
17are not limited to the following:
18        (i) Expanded grantmaking for existing State workforce
19    development strategies, including the Job Training and
20    Economic Development Program and programs designed to
21    increase the number of persons traditionally
22    underrepresented in the building trades, specifically
23    minorities and women.
24        (ii) Workforce development initiatives that help the
25    least skilled adults access employment and education
26    opportunities, including transitional jobs programs and

 

 

HB2482- 41 -LRB100 08531 HLH 18656 b

1    educational bridge programming that integrate basic
2    education and occupational skills training.
3        (iii) Sectoral strategies that develop
4    industry-specific workforce education and training
5    services that lead to existing or expected jobs with
6    identified employers and that include services to ensure
7    that low-income, low-skilled adults can be served.
8        (iv) Support for the development and implementation of
9    workforce education and training programs in the energy
10    efficiency, renewable energy, and pollution control
11    cleanup and prevention industries.
12        (v) Support for planning activities that: ensure that
13    workforce development and education needs of low-skilled
14    adults are integrated into industry-specific career
15    pathways; analyze labor market data to track workforce
16    trends in the State's energy-related initiatives; or
17    increase the capacity of communities to provide workforce
18    services to low-income, low-skilled adults.
19    (d) Allowable expenditures. Grant funds are limited to
20expenditures for the following:
21        (i) Basic skills training, adult education,
22    occupational training, job readiness training, and
23    soft-skills training for which financial aid is otherwise
24    not available.
25        (ii) Workforce development-related services including
26    mentoring, job development, support services,

 

 

HB2482- 42 -LRB100 08531 HLH 18656 b

1    transportation assistance, and wage subsidies, that are
2    tied to participation in training and employment.
3        (iii) Capacity building, program development, and
4    technical assistance activities necessary for the
5    development and implementation of new workforce education
6    and training strategies.
7    No more than 5% of any grant may be used for administrative
8costs.
9    (e) Eligible applicants. For grants under this Section,
10eligible applicants include the following:
11        (i) Any private, public, and non-profit entities that
12    provide education, training, and workforce development
13    services to low-income individuals.
14        (ii) Educational institutions.
15        (iii) Labor and business associations.
16(Source: P.A. 96-771, eff. 8-28-09; 97-581, eff. 8-26-11.)
 
17    Section 55. The Higher Education Student Assistance Act is
18amended by changing Section 35 as follows:
 
19    (110 ILCS 947/35)
20    Sec. 35. Monetary award program.
21    (a) The Commission shall, each year, receive and consider
22applications for grant assistance under this Section. Subject
23to a separate appropriation for such purposes, an applicant is
24eligible for a grant under this Section when the Commission

 

 

HB2482- 43 -LRB100 08531 HLH 18656 b

1finds that the applicant:
2        (1) is a resident of this State and a citizen or
3    permanent resident of the United States; and
4        (2) in the absence of grant assistance, will be
5    deterred by financial considerations from completing an
6    educational program at the qualified institution of his or
7    her choice.
8    (b) The Commission shall award renewals only upon the
9student's application and upon the Commission's finding that
10the applicant:
11        (1) has remained a student in good standing;
12        (2) remains a resident of this State; and
13        (3) is in a financial situation that continues to
14    warrant assistance.
15    (c) All grants shall be applicable only to tuition and
16necessary fee costs. The Commission shall determine the grant
17amount for each student, which shall not exceed the smallest of
18the following amounts:
19        (1) subject to appropriation, $5,468 for fiscal year
20    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
21    year 2011 and each fiscal year thereafter, or such lesser
22    amount as the Commission finds to be available, during an
23    academic year;
24        (2) the amount which equals 2 semesters or 3 quarters
25    tuition and other necessary fees required generally by the
26    institution of all full-time undergraduate students; or

 

 

HB2482- 44 -LRB100 08531 HLH 18656 b

1        (3) such amount as the Commission finds to be
2    appropriate in view of the applicant's financial
3    resources.
4    Subject to appropriation, the maximum grant amount for
5students not subject to subdivision (1) of this subsection (c)
6must be increased by the same percentage as any increase made
7by law to the maximum grant amount under subdivision (1) of
8this subsection (c).
9    "Tuition and other necessary fees" as used in this Section
10include the customary charge for instruction and use of
11facilities in general, and the additional fixed fees charged
12for specified purposes, which are required generally of
13nongrant recipients for each academic period for which the
14grant applicant actually enrolls, but do not include fees
15payable only once or breakage fees and other contingent
16deposits which are refundable in whole or in part. The
17Commission may prescribe, by rule not inconsistent with this
18Section, detailed provisions concerning the computation of
19tuition and other necessary fees.
20    (d) No applicant, including those presently receiving
21scholarship assistance under this Act, is eligible for monetary
22award program consideration under this Act after receiving a
23baccalaureate degree or the equivalent of 135 semester credit
24hours of award payments.
25    (e) The Commission, in determining the number of grants to
26be offered, shall take into consideration past experience with

 

 

HB2482- 45 -LRB100 08531 HLH 18656 b

1the rate of grant funds unclaimed by recipients. The Commission
2shall notify applicants that grant assistance is contingent
3upon the availability of appropriated funds.
4    (e-5) The General Assembly finds and declares that it is an
5important purpose of the Monetary Award Program to facilitate
6access to college both for students who pursue postsecondary
7education immediately following high school and for those who
8pursue postsecondary education later in life, particularly
9Illinoisans who are dislocated workers with financial need and
10who are seeking to improve their economic position through
11education. For the 2015-2016 and 2016-2017 academic years, the
12Commission shall give additional and specific consideration to
13the needs of dislocated workers with the intent of allowing
14applicants who are dislocated workers an opportunity to secure
15financial assistance even if applying later than the general
16pool of applicants. The Commission's consideration shall
17include, in determining the number of grants to be offered, an
18estimate of the resources needed to serve dislocated workers
19who apply after the Commission initially suspends award
20announcements for the upcoming regular academic year, but prior
21to the beginning of that academic year. For the purposes of
22this subsection (e-5), a dislocated worker is defined as in the
23federal Workforce Innovation and Opportunity Act Workforce
24Investment Act of 1998.
25    (f) The Commission may request appropriations for deposit
26into the Monetary Award Program Reserve Fund. Monies deposited

 

 

HB2482- 46 -LRB100 08531 HLH 18656 b

1into the Monetary Award Program Reserve Fund may be expended
2exclusively for one purpose: to make Monetary Award Program
3grants to eligible students. Amounts on deposit in the Monetary
4Award Program Reserve Fund may not exceed 2% of the current
5annual State appropriation for the Monetary Award Program.
6    The purpose of the Monetary Award Program Reserve Fund is
7to enable the Commission each year to assure as many students
8as possible of their eligibility for a Monetary Award Program
9grant and to do so before commencement of the academic year.
10Moneys deposited in this Reserve Fund are intended to enhance
11the Commission's management of the Monetary Award Program,
12minimizing the necessity, magnitude, and frequency of
13adjusting award amounts and ensuring that the annual Monetary
14Award Program appropriation can be fully utilized.
15    (g) The Commission shall determine the eligibility of and
16make grants to applicants enrolled at qualified for-profit
17institutions in accordance with the criteria set forth in this
18Section. The eligibility of applicants enrolled at such
19for-profit institutions shall be limited as follows:
20        (1) Beginning with the academic year 1997, only to
21    eligible first-time freshmen and first-time transfer
22    students who have attained an associate degree.
23        (2) Beginning with the academic year 1998, only to
24    eligible freshmen students, transfer students who have
25    attained an associate degree, and students who receive a
26    grant under paragraph (1) for the academic year 1997 and

 

 

HB2482- 47 -LRB100 08531 HLH 18656 b

1    whose grants are being renewed for the academic year 1998.
2        (3) Beginning with the academic year 1999, to all
3    eligible students.
4(Source: P.A. 98-967, eff. 8-15-14.)
 
5    Section 60. The Illinois Public Aid Code is amended by
6changing Section 9A-3 as follows:
 
7    (305 ILCS 5/9A-3)  (from Ch. 23, par. 9A-3)
8    Sec. 9A-3. Establishment of Program and Level of Services.
9    (a) The Illinois Department shall establish and maintain a
10program to provide recipients with services consistent with the
11purposes and provisions of this Article. The program offered in
12different counties of the State may vary depending on the
13resources available to the State to provide a program under
14this Article, and no program may be offered in some counties,
15depending on the resources available. Services may be provided
16directly by the Illinois Department or through contract.
17References to the Illinois Department or staff of the Illinois
18Department shall include contractors when the Illinois
19Department has entered into contracts for these purposes. The
20Illinois Department shall provide each recipient who
21participates with such services available under the program as
22are necessary to achieve his employability plan as specified in
23the plan.
24    (b) The Illinois Department, in operating the program,

 

 

HB2482- 48 -LRB100 08531 HLH 18656 b

1shall cooperate with public and private education and
2vocational training or retraining agencies or facilities, the
3Illinois State Board of Education, the Illinois Community
4College Board, the Departments of Employment Security and
5Commerce and Economic Opportunity or other sponsoring
6organizations funded under the federal Workforce Innovation
7and Opportunity Act Workforce Investment Act and other public
8or licensed private employment agencies.
9(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
 
10    Section 65. The Afterschool Youth Development Project Act
11is amended by changing Section 15 as follows:
 
12    (325 ILCS 27/15)
13    Sec. 15. Illinois Youth Development Council.
14    (a) Creation. In order to effectively achieve the policy
15established in this Act, the Illinois Youth Development Council
16shall be created. The purpose of the Council is to provide
17oversight and coordination to the State's public funds
18currently invested to support positive youth development
19programs and activities and to set systemwide policies and
20priorities to accomplish the following 5 major objectives: (i)
21set afterschool program expansion priorities, such as
22addressing gaps in programming for specific ages and
23populations; (ii) create outcome measures and require all
24afterschool programs to be evaluated to ensure that outcomes

 

 

HB2482- 49 -LRB100 08531 HLH 18656 b

1are being met; (iii) oversee the establishment of a statewide
2program improvement system that provides technical assistance
3and capacity building to increase program participation and
4quality systemwide; (iv) monitor and assess afterschool
5program quality through outcome measures; and (v) establish
6State policy to support the attainment of outcomes. The Council
7shall be created within the Department of Human Services.
8    (b) Governance. The Illinois Youth Development Council
9shall reflect the regional, racial, socioeconomic, and
10cultural diversity of the State to ensure representation of the
11needs of all Illinois youth. The Council shall be composed of
12no less than 28 and no more than 32 members. The Council may
13establish a defined length of term for membership on the
14Council.
15        (1) Membership. The Council shall include
16    representation from both public and private organizations
17    comprised of the following:
18            (A) Four members of the General Assembly: one
19        appointed by the President of the Senate, one appointed
20        by the Minority Leader of the Senate, one appointed by
21        the Speaker of the House of Representatives, and one
22        appointed by the Minority Leader of the House of
23        Representatives.
24            (B) The chief administrators of the following
25        State agencies: the Department of Human Services; the
26        Illinois State Board of Education; the Department of

 

 

HB2482- 50 -LRB100 08531 HLH 18656 b

1        Children and Family Services; the Department of Public
2        Health; the Department of Juvenile Justice; the
3        Department of Healthcare and Family Services; the
4        Department of Commerce and Economic Opportunity; the
5        Illinois Board of Higher Education; and the Illinois
6        Community College Board.
7            (C) The Chair of the Illinois Workforce Innovation
8        Investment Board and the Executive Director of the
9        Illinois Violence Prevention Authority.
10        The following Council members shall be appointed by the
11    Governor:
12            (D) Two officials from a unit of local government.
13            (E) At least 3 representatives of direct youth
14        service providers and faith-based providers.
15            (F) Three young people who are between the ages of
16        16 and 21 and who are members of the Youth Advisory
17        Group as established in paragraph (2) of this
18        subsection.
19            (G) Two parents of children between the ages of 6
20        and 19.
21            (H) One academic researcher in the field of youth
22        development.
23            (I) Additional public members that include local
24        government stakeholders and nongovernmental
25        stakeholders with an interest in youth development and
26        afterschool programs, including representation from

 

 

HB2482- 51 -LRB100 08531 HLH 18656 b

1        the following private sector fields and
2        constituencies: child and youth advocacy; children and
3        youth with special needs; child and adolescent health;
4        business; and law enforcement.
5        Persons may be nominated by organizations representing
6    the fields outlined in this Section. The Governor shall
7    designate one of the Council members who is a nongovernment
8    stakeholder to serve as co-chairperson. The Council shall
9    create a subcommittee of additional direct youth service
10    providers as well as other subcommittees as deemed
11    necessary.
12        (2) Youth Advisory Group. To ensure that the Council is
13    responsive to the needs and priorities of Illinois' young
14    people, the Council shall establish an independent Youth
15    Advisory Group, which shall be composed of a diverse body
16    of 15 youths between the ages of 14 and 19 from across the
17    State. Members that surpass the age of 19 while serving on
18    the Youth Advisory Group may complete the term of the
19    appointment. The Youth Advisory Group shall be charged
20    with: (i) presenting recommendations to the Council 4 times
21    per year on issues related to afterschool and youth
22    development programming and policy; and (ii) reviewing key
23    programmatic, funding, and policy decisions made by the
24    Council. To develop priorities and recommendations, the
25    Youth Advisory Group may engage students from across the
26    State via focus groups, on-line surveys, and other means.

 

 

HB2482- 52 -LRB100 08531 HLH 18656 b

1    The Youth Advisory Group shall be administered by the
2    Department of Human Services and facilitated by an
3    independent, established youth organization with expertise
4    in youth civic engagement. This youth civic engagement
5    organization shall administer the application requirements
6    and process and shall nominate 30 youth. The Department of
7    Human Services shall select 15 of the nominees for the
8    Youth Advisory Group, 3 of whom shall serve on the Council.
9    (c) Activities. The major objectives of the Council shall
10be accomplished through the following activities:
11        (1) Publishing an annual plan that sets system goals
12    for Illinois' afterschool funding that include key
13    indicators, performance standards, and outcome measures
14    and that outlines funding evaluation and reporting
15    requirements.
16        (2) Developing and maintaining a system and processes
17    to collect and report consistent program and outcome data
18    on all afterschool programs funded by State and local
19    government.
20        (3) Developing linkages between afterschool data
21    systems and other statewide youth program outcome data
22    systems (e.g. schools, post-secondary education, juvenile
23    justice, etc.).
24        (4) Developing procedures for implementing an
25    evaluation of the statewide system of program providers,
26    including programs established by this Act.

 

 

HB2482- 53 -LRB100 08531 HLH 18656 b

1        (5) Reviewing evaluation results and data reports to
2    inform future investments and allocations and to shape
3    State policy.
4        (6) Developing technical assistance and
5    capacity-building infrastructure and ensuring appropriate
6    workforce development strategies across agencies for those
7    who will be working in afterschool programs.
8        (7) Reviewing and making public recommendations to the
9    Governor and the General Assembly with respect to the
10    budgets for State youth services to ensure the adequacy of
11    those budgets and alignment to system goals outlined in the
12    plan described in paragraph (1) of this subsection.
13        (8) Developing and overseeing execution of a research
14    agenda to inform future program planning.
15        (9) Providing strategic advice to other State
16    agencies, the Illinois General Assembly, and Illinois'
17    Constitutional Officers on afterschool-related activities
18    statewide.
19        (10) Approving awards of grants to demonstration
20    projects as outlined in Section 20 of this Act.
21    (d) Accountability. The Council shall annually report to
22the Governor and the General Assembly on the Council's progress
23towards its goals and objectives. The Department of Human
24Services shall provide resources to the Council, including
25administrative services and data collection and shall be
26responsible for conducting procurement processes required by

 

 

HB2482- 54 -LRB100 08531 HLH 18656 b

1the Act. The Department may contract with vendors to provide
2all or a portion of any necessary resources.
3(Source: P.A. 96-1302, eff. 7-27-10.)
 
4    Section 70. The Unemployment Insurance Act is amended by
5changing Sections 500 and 502 as follows:
 
6    (820 ILCS 405/500)  (from Ch. 48, par. 420)
7    Sec. 500. Eligibility for benefits. An unemployed
8individual shall be eligible to receive benefits with respect
9to any week only if the Director finds that:
10    A. He has registered for work at and thereafter has
11continued to report at an employment office in accordance with
12such regulations as the Director may prescribe, except that the
13Director may, by regulation, waive or alter either or both of
14the requirements of this subsection as to individuals attached
15to regular jobs, and as to such other types of cases or
16situations with respect to which he finds that compliance with
17such requirements would be oppressive or inconsistent with the
18purposes of this Act, provided that no such regulation shall
19conflict with Section 400 of this Act.
20    B. He has made a claim for benefits with respect to such
21week in accordance with such regulations as the Director may
22prescribe.
23    C. He is able to work, and is available for work; provided
24that during the period in question he was actively seeking work

 

 

HB2482- 55 -LRB100 08531 HLH 18656 b

1and he has certified such. Whenever requested to do so by the
2Director, the individual shall, in the manner the Director
3prescribes by regulation, inform the Department of the places
4at which he has sought work during the period in question.
5Nothing in this subsection shall limit the Director's approval
6of alternate methods of demonstrating an active search for work
7based on regular reporting to a trade union office.
8        1. If an otherwise eligible individual is unable to
9    work or is unavailable for work on any normal workday of
10    the week, he shall be eligible to receive benefits with
11    respect to such week reduced by one-fifth of his weekly
12    benefit amount for each day of such inability to work or
13    unavailability for work. For the purposes of this
14    paragraph, an individual who reports on a day subsequent to
15    his designated report day shall be deemed unavailable for
16    work on his report day if his failure to report on that day
17    is without good cause, and on each intervening day, if any,
18    on which his failure to report is without good cause. As
19    used in the preceding sentence, "report day" means the day
20    which has been designated for the individual to report to
21    file his claim for benefits with respect to any week. This
22    paragraph shall not be construed so as to effect any change
23    in the status of part-time workers as defined in Section
24    407.
25        2. An individual shall be considered to be unavailable
26    for work on days listed as whole holidays in "An Act to

 

 

HB2482- 56 -LRB100 08531 HLH 18656 b

1    revise the law in relation to promissory notes, bonds, due
2    bills and other instruments in writing," approved March 18,
3    1874, as amended; on days which are holidays in his
4    religion or faith, and on days which are holidays according
5    to the custom of his trade or occupation, if his failure to
6    work on such day is a result of the holiday. In determining
7    the claimant's eligibility for benefits and the amount to
8    be paid him, with respect to the week in which such holiday
9    occurs, he shall have attributed to him as additional
10    earnings for that week an amount equal to one-fifth of his
11    weekly benefit amount for each normal work day on which he
12    does not work because of a holiday of the type above
13    enumerated.
14        3. An individual shall be deemed unavailable for work
15    if, after his separation from his most recent employing
16    unit, he has removed himself to and remains in a locality
17    where opportunities for work are substantially less
18    favorable than those in the locality he has left.
19        4. An individual shall be deemed unavailable for work
20    with respect to any week which occurs in a period when his
21    principal occupation is that of a student in attendance at,
22    or on vacation from, a public or private school.
23        5. Notwithstanding any other provisions of this Act, an
24    individual shall not be deemed unavailable for work or to
25    have failed actively to seek work, nor shall he be
26    ineligible for benefits by reason of the application of the

 

 

HB2482- 57 -LRB100 08531 HLH 18656 b

1    provisions of Section 603, with respect to any week,
2    because he is enrolled in and is in regular attendance at a
3    training course approved for him by the Director:
4            (a) but only if, with respect to that week, the
5        individual presents, upon request, to the claims
6        adjudicator referred to in Section 702 a statement
7        executed by a responsible person connected with the
8        training course, certifying that the individual was in
9        full-time attendance at such course during the week.
10        The Director may approve such course for an individual
11        only if he finds that (1) reasonable work opportunities
12        for which the individual is fitted by training and
13        experience do not exist in his locality; (2) the
14        training course relates to an occupation or skill for
15        which there are, or are expected to be in the immediate
16        future, reasonable work opportunities in his locality;
17        (3) the training course is offered by a competent and
18        reliable agency, educational institution, or employing
19        unit; (4) the individual has the required
20        qualifications and aptitudes to complete the course
21        successfully; and (5) the individual is not receiving
22        and is not eligible (other than because he has claimed
23        benefits under this Act) for subsistence payments or
24        similar assistance under any public or private
25        retraining program: Provided, that the Director shall
26        not disapprove such course solely by reason of clause

 

 

HB2482- 58 -LRB100 08531 HLH 18656 b

1        (5) if the subsistence payment or similar assistance is
2        subject to reduction by an amount equal to any benefits
3        payable to the individual under this Act in the absence
4        of the clause. In the event that an individual's weekly
5        unemployment compensation benefit is less than his
6        certified training allowance, that person shall be
7        eligible to receive his entire unemployment
8        compensation benefits, plus such supplemental training
9        allowances that would make an applicant's total weekly
10        benefit identical to the original certified training
11        allowance.
12            (b) The Director shall have the authority to grant
13        approval pursuant to subparagraph (a) above prior to an
14        individual's formal admission into a training course.
15        Requests for approval shall not be made more than 30
16        days prior to the actual starting date of such course.
17        Requests shall be made at the appropriate unemployment
18        office.
19            (c) The Director shall for purposes of paragraph C
20        have the authority to issue a blanket approval of
21        training programs implemented pursuant to the federal
22        Workforce Innovation and Opportunity Act Workforce
23        Investment Act of 1998 if both the training program and
24        the criteria for an individual's participation in such
25        training meet the requirements of this paragraph C.
26            (d) Notwithstanding the requirements of

 

 

HB2482- 59 -LRB100 08531 HLH 18656 b

1        subparagraph (a), the Director shall have the
2        authority to issue blanket approval of training
3        programs implemented under the terms of a collective
4        bargaining agreement.
5        6. Notwithstanding any other provisions of this Act, an
6    individual shall not be deemed unavailable for work or to
7    have failed actively to seek work, nor shall he be
8    ineligible for benefits, by reason of the application of
9    the provisions of Section 603 with respect to any week
10    because he is in training approved under Section 236 (a)(1)
11    of the federal Trade Act of 1974, nor shall an individual
12    be ineligible for benefits under the provisions of Section
13    601 by reason of leaving work voluntarily to enter such
14    training if the work left is not of a substantially equal
15    or higher skill level than the individual's past adversely
16    affected employment as defined under the federal Trade Act
17    of 1974 and the wages for such work are less than 80% of
18    his average weekly wage as determined under the federal
19    Trade Act of 1974.
20    D. If his benefit year begins prior to July 6, 1975 or
21subsequent to January 2, 1982, he has been unemployed for a
22waiting period of 1 week during such benefit year. If his
23benefit year begins on or after July 6, l975, but prior to
24January 3, 1982, and his unemployment continues for more than
25three weeks during such benefit year, he shall be eligible for
26benefits with respect to each week of such unemployment,

 

 

HB2482- 60 -LRB100 08531 HLH 18656 b

1including the first week thereof. An individual shall be deemed
2to be unemployed within the meaning of this subsection while
3receiving public assistance as remuneration for services
4performed on work projects financed from funds made available
5to governmental agencies for such purpose. No week shall be
6counted as a week of unemployment for the purposes of this
7subsection:
8        1. Unless it occurs within the benefit year which
9    includes the week with respect to which he claims payment
10    of benefits, provided that, for benefit years beginning
11    prior to January 3, 1982, this requirement shall not
12    interrupt the payment of benefits for consecutive weeks of
13    unemployment; and provided further that the week
14    immediately preceding a benefit year, if part of one
15    uninterrupted period of unemployment which continues into
16    such benefit year, shall be deemed (for the purpose of this
17    subsection only and with respect to benefit years beginning
18    prior to January 3, 1982, only) to be within such benefit
19    year, as well as within the preceding benefit year, if the
20    unemployed individual would, except for the provisions of
21    the first paragraph and paragraph 1 of this subsection and
22    of Section 605, be eligible for and entitled to benefits
23    for such week.
24        2. If benefits have been paid with respect thereto.
25        3. Unless the individual was eligible for benefits with
26    respect thereto except for the requirements of this

 

 

HB2482- 61 -LRB100 08531 HLH 18656 b

1    subsection and of Section 605.
2    E. With respect to any benefit year beginning prior to
3January 3, 1982, he has been paid during his base period wages
4for insured work not less than the amount specified in Section
5500E of this Act as amended and in effect on October 5, 1980.
6With respect to any benefit year beginning on or after January
73, 1982, he has been paid during his base period wages for
8insured work equal to not less than $1,600, provided that he
9has been paid wages for insured work equal to at least $440
10during that part of his base period which does not include the
11calendar quarter in which the wages paid to him were highest.
12    F. During that week he has participated in reemployment
13services to which he has been referred, including but not
14limited to job search assistance services, pursuant to a
15profiling system established by the Director by rule in
16conformity with Section 303(j)(1) of the federal Social
17Security Act, unless the Director determines that:
18        1. the individual has completed such services; or
19        2. there is justifiable cause for the claimant's
20    failure to participate in such services.
21    This subsection F is added by this amendatory Act of 1995
22to clarify authority already provided under subsections A and C
23in connection with the unemployment insurance claimant
24profiling system required under subsections (a)(10) and (j)(1)
25of Section 303 of the federal Social Security Act as a
26condition of federal funding for the administration of the

 

 

HB2482- 62 -LRB100 08531 HLH 18656 b

1Unemployment Insurance Act.
2(Source: P.A. 92-396, eff. 1-1-02.)
 
3    (820 ILCS 405/502)
4    Sec. 502. Eligibility for benefits under the Short-Time
5Compensation Program.
6    A. The Director may by rule establish a short-time
7compensation program consistent with this Section. No
8short-time compensation shall be payable except as authorized
9by rule.
10    B. As used in this Section:
11    "Affected unit" means a specified plant, department,
12shift, or other definable unit that includes 2 or more workers
13to which an approved short-time compensation plan applies.
14    "Health and retirement benefits" means employer-provided
15health benefits and retirement benefits under a defined benefit
16pension plan (as defined in Section 414(j) of the Internal
17Revenue Code) or contributions under a defined contribution
18plan (defined in Section 414(i) of the Internal Revenue Code),
19which are incidents of employment in addition to the cash
20remuneration earned.
21    "Short-time compensation" means the unemployment benefits
22payable to employees in an affected unit under an approved
23short-time compensation plan, as distinguished from the
24unemployment benefits otherwise payable under this Act.
25    "Short-time compensation plan" means a plan submitted by an

 

 

HB2482- 63 -LRB100 08531 HLH 18656 b

1employer, for approval by the Director, under which the
2employer requests the payment of short-time compensation to
3workers in an affected unit of the employer to avert layoffs.
4    "Usual weekly hours of work" means the usual hours of work
5for full-time or part-time employees in the affected unit when
6that unit is operating on its regular basis, not to exceed 40
7hours and not including hours of overtime work.
8    "Unemployment insurance" means the unemployment benefits
9payable under this Act other than short-time compensation and
10includes any amounts payable pursuant to an agreement under any
11Federal law providing for compensation, assistance, or
12allowances with respect to unemployment.
13    C. An employer wishing to participate in the short-time
14compensation program shall submit a signed written short-time
15compensation plan to the Director for approval. The Director
16shall develop an application form to request approval of a
17short-time compensation plan and an approval process. The
18application shall include:
19        1. The employer's unemployment insurance account
20    number, the affected unit covered by the plan, including
21    the number of full-time or part-time workers in such unit,
22    the percentage of workers in the affected unit covered by
23    the plan, identification of each individual employee in the
24    affected unit by name and social security number, and any
25    other information required by the Director to identify plan
26    participants.

 

 

HB2482- 64 -LRB100 08531 HLH 18656 b

1        2. A description of how workers in the affected unit
2    will be notified of the employer's participation in the
3    short-time compensation plan if such application is
4    approved, including how the employer will notify those
5    workers in a collective bargaining unit as well as any
6    workers in the affected unit who are not in a collective
7    bargaining unit. If the employer will not provide advance
8    notice to workers in the affected unit, the employer shall
9    explain in a statement in the application why it is not
10    feasible to provide such notice.
11        3. The employer's certification that it has the
12    approval of the plan from all collective bargaining
13    representatives of employees in the affected unit and has
14    notified all employees in the affected unit who are not in
15    a collective bargaining unit of the plan.
16        4. The employer's certification that it will not hire
17    additional part-time or full-time employees for, or
18    transfer employees to, the affected unit, while the program
19    is in operation.
20        5. A requirement that the employer identify the usual
21    weekly hours of work for employees in the affected unit and
22    the specific percentage by which their hours will be
23    reduced during all weeks covered by the plan. An
24    application shall specify the percentage of reduction for
25    which a short-time compensation application may be
26    approved which shall be not less than 20% and not more than

 

 

HB2482- 65 -LRB100 08531 HLH 18656 b

1    60%. If the plan includes any week for which the employer
2    regularly provides no work (due to a holiday or other plant
3    closing), then such week shall be identified in the
4    application.
5        6. Certification by the employer that, if the employer
6    provides health and retirement benefits to any employee
7    whose usual weekly hours of work are reduced under the
8    program, such benefits will continue to be provided to the
9    employee participating in the short-time compensation
10    program under the same terms and conditions as though the
11    usual weekly hours of work of such employee had not been
12    reduced or to the same extent as other employees not
13    participating in the short-time compensation program. For
14    defined benefit retirement plans, the hours that are
15    reduced under the short-time compensation plan shall be
16    credited for purposes of participation, vesting, and
17    accrual of benefits as though the usual weekly hours of
18    work had not been reduced. The dollar amount of employer
19    contributions to a defined contribution plan that are based
20    on a percentage of compensation may be less due to the
21    reduction in the employee's compensation. Notwithstanding
22    any other provision to the contrary, a certification that a
23    reduction in health and retirement benefits is scheduled to
24    occur during the duration of the plan and will be
25    applicable equally to employees who are not participating
26    in the short-time compensation program and to those

 

 

HB2482- 66 -LRB100 08531 HLH 18656 b

1    employees who are participating satisfies this paragraph.
2        7. Certification by the employer that the aggregate
3    reduction in work hours is in lieu of layoffs (temporary or
4    permanent layoffs, or both). The application shall include
5    an estimate of the number of workers who would have been
6    laid off in the absence of the short-time compensation
7    plan.
8        8. Agreement by the employer to: furnish reports to the
9    Director relating to the proper conduct of the plan; allow
10    the Director or his or her authorized representatives
11    access to all records necessary to approve or disapprove
12    the plan application, and after approval of a plan, to
13    monitor and evaluate the plan; and follow any other
14    directives the Director deems necessary for the agency to
15    implement the plan and which are consistent with the
16    requirements for plan applications.
17        9. Certification by the employer that participation in
18    the short-time compensation plan and its implementation is
19    consistent with the employer's obligations under
20    applicable Federal and Illinois laws.
21        10. The effective date and duration of the plan, which
22    shall expire no later than the end of the 12th full
23    calendar month after the effective date.
24        11. Any other provision added to the application by the
25    Director that the United States Secretary of Labor
26    determines to be appropriate for purposes of a short-time

 

 

HB2482- 67 -LRB100 08531 HLH 18656 b

1    compensation program.
2    D. The Director shall approve or disapprove a short-time
3compensation plan in writing within 45 days of its receipt and
4promptly communicate the decision to the employer. A decision
5disapproving the plan shall clearly identify the reasons for
6the disapproval. The disapproval shall be final, but the
7employer shall be allowed to submit another short-time
8compensation plan for approval not earlier than 30 days from
9the date of the disapproval.
10    E. The short-time compensation plan shall be effective on
11the mutually agreed upon date by the employer and the Director,
12which shall be specified in the notice of approval to the
13employer. The plan shall expire on the date specified in the
14notice of approval, which shall be mutually agreed on by the
15employer and Director but no later than the end of the 12th
16full calendar month after its effective date. However, if a
17short-time compensation plan is revoked by the Director, the
18plan shall terminate on the date specified in the Director's
19written order of revocation. An employer may terminate a
20short-time compensation plan at any time upon written notice to
21the Director. Upon receipt of such notice from the employer,
22the Director shall promptly notify each member of the affected
23unit of the termination date. An employer may submit a new
24application to participate in another short-time compensation
25plan at any time after the expiration or termination date.
26    F. The Director may revoke approval of a short-time

 

 

HB2482- 68 -LRB100 08531 HLH 18656 b

1compensation plan for good cause at any time, including upon
2the request of any of the affected unit's employees or their
3collective bargaining representative. The revocation order
4shall be in writing and shall specify the reasons for the
5revocation and the date the revocation is effective. The
6Director may periodically review the operation of each
7employer's short-time compensation plan to assure that no good
8cause exists for revocation of the approval of the plan. Good
9cause shall include, but not be limited to, failure to comply
10with the assurances given in the plan, termination of the
11approval of the plan by a collective bargaining representative
12of employees in the affected unit, unreasonable revision of
13productivity standards for the affected unit, conduct or
14occurrences tending to defeat the intent and effective
15operation of the short-time compensation plan, and violation of
16any criteria on which approval of the plan was based.
17    G. An employer may request a modification of an approved
18plan by filing a written request to the Director. The request
19shall identify the specific provisions proposed to be modified
20and provide an explanation of why the proposed modification is
21appropriate for the short-time compensation plan. The Director
22shall approve or disapprove the proposed modification in
23writing within 30 days of receipt and promptly communicate the
24decision to the employer. The Director, in his or her
25discretion, may approve a request for modification of the plan
26based on conditions that have changed since the plan was

 

 

HB2482- 69 -LRB100 08531 HLH 18656 b

1approved provided that the modification is consistent with and
2supports the purposes for which the plan was initially
3approved. A modification may not extend the expiration date of
4the original plan, and the Director must promptly notify the
5employer whether the plan modification has been approved and,
6if approved, the effective date of modification. An employer is
7not required to request approval of plan modification from the
8Director if the change is not substantial, but the employer
9must report every change to plan to the Director promptly and
10in writing. The Director may terminate an employer's plan if
11the employer fails to meet this reporting requirement. If the
12Director determines that the reported change is substantial,
13the Director shall require the employer to request a
14modification to the plan.
15    H. An individual is eligible to receive short-time
16compensation with respect to any week only if the individual is
17eligible for unemployment insurance pursuant to subsection E of
18Section 500, not otherwise disqualified for unemployment
19insurance, and:
20        1. During the week, the individual is employed as a
21    member of an affected unit under an approved short-time
22    compensation plan, which was approved prior to that week,
23    and the plan is in effect with respect to the week for
24    which short-time compensation is claimed.
25        2. Notwithstanding any other provision of this Act
26    relating to availability for work and actively seeking

 

 

HB2482- 70 -LRB100 08531 HLH 18656 b

1    work, the individual is available for the individual's
2    usual hours of work with the short-time compensation
3    employer, which may include, for purposes of this Section,
4    participating in training to enhance job skills that is
5    approved by the Director, including but not limited to as
6    employer-sponsored training or training funded under the
7    federal Workforce Innovation and Opportunity Act Workforce
8    Investment Act of 1998.
9        3. Notwithstanding any other provision of law, an
10    individual covered by a short-time compensation plan is
11    deemed unemployed in any week during the duration of such
12    plan if the individual's remuneration as an employee in an
13    affected unit is reduced based on a reduction of the
14    individual's usual weekly hours of work under an approved
15    short-time compensation plan.
16    I. The short-time compensation weekly benefit amount shall
17be the product of the percentage of reduction in the
18individual's usual weekly hours of work multiplied by the sum
19of the regular weekly benefit amount for a week of total
20unemployment plus any applicable dependent allowance pursuant
21to subsection C of Section 401.
22        1. An individual may be eligible for short-time
23    compensation or unemployment insurance, as appropriate,
24    except that no individual shall be eligible for combined
25    benefits (excluding any payments attributable to a
26    dependent allowance pursuant to subsection C of Section

 

 

HB2482- 71 -LRB100 08531 HLH 18656 b

1    401) in any benefit year in an amount more than the maximum
2    benefit amount, nor shall an individual be paid short-time
3    compensation benefits for more than 52 weeks under a
4    short-time compensation plan.
5        2. The short-time compensation paid to an individual
6    (excluding any payments attributable to a dependent
7    allowance pursuant to subsection C of Section 401) shall be
8    deducted from the maximum benefit amount established for
9    that individual's benefit year.
10        3. Provisions applicable to unemployment insurance
11    claimants shall apply to short-time compensation claimants
12    to the extent that they are not inconsistent with
13    short-time compensation provisions. An individual who
14    files an initial claim for short-time compensation
15    benefits shall receive a monetary determination.
16        4. The following provisions apply to individuals who
17    work for both a short-time compensation employer and
18    another employer during weeks covered by the approved
19    short-time compensation plan:
20            i. If combined hours of work in a week for both
21        employers do not result in a reduction of at least 20%
22        of the usual weekly hours of work with the short-time
23        compensation employer, the individual shall not be
24        entitled to benefits under this Section.
25            ii. If combined hours of work for both employers
26        results in a reduction equal to or greater than 20% of

 

 

HB2482- 72 -LRB100 08531 HLH 18656 b

1        the usual weekly hours of work for the short-time
2        compensation employer, the short-time compensation
3        benefit amount payable to the individual is reduced for
4        that week and is determined by multiplying the
5        percentage by which the combined hours of work have
6        been reduced by the sum of the weekly benefit amount
7        for a week of total unemployment plus any applicable
8        dependent allowance pursuant to subsection C of
9        Section 401. A week for which benefits are paid under
10        this subparagraph shall be reported as a week of
11        short-time compensation.
12            iii. If an individual worked the reduced
13        percentage of the usual weekly hours of work for the
14        short-time compensation employer and is available for
15        all his or her usual hours of work with the short-time
16        compensation employer, and the individual did not work
17        any hours for the other employer either because of the
18        lack of work with that employer or because the
19        individual is excused from work with the other
20        employer, the individual shall be eligible for
21        short-time compensation for that week. The benefit
22        amount for such week shall be calculated as provided in
23        the introductory clause of this subsection I.
24            iv. An individual who is not provided any work
25        during a week by the short-time compensation employer,
26        or any other employer, and who is otherwise eligible

 

 

HB2482- 73 -LRB100 08531 HLH 18656 b

1        for unemployment insurance shall be eligible for the
2        amount of regular unemployment insurance determined
3        without regard to this Section.
4            v. An individual who is not provided any work by
5        the short-time compensation employer during a week,
6        but who works for another employer and is otherwise
7        eligible may be paid unemployment insurance for that
8        week subject to the disqualifying income and other
9        provisions applicable to claims for regular
10        unemployment insurance.
11    J. Short-time compensation shall be charged to employers in
12the same manner as unemployment insurance is charged under
13Illinois law. Employers liable for payments in lieu of
14contributions shall have short-time compensation attributed to
15service in their employ in the same manner as unemployment
16insurance is attributed. Notwithstanding any other provision
17to the contrary, to the extent that short-term compensation
18payments under this Section are reimbursed by the federal
19government, no benefit charges or payments in lieu of
20contributions shall be accrued by a participating employer.
21    K. A short-time compensation plan shall not be approved for
22an employer that is delinquent in the filing of any reports
23required or the payment of contributions, payments in lieu of
24contributions, interest, or penalties due under this Act
25through the date of the employer's application.
26    L. Overpayments of other benefits under this Act may be

 

 

HB2482- 74 -LRB100 08531 HLH 18656 b

1recovered from an individual receiving short-time compensation
2under this Act in the manner provided under Sections 900 and
3901. Overpayments under the short-time compensation plan may be
4recovered from an individual receiving other benefits under
5this Act in the manner provided under Sections 900 and 901.
6    M. An individual who has received all of the short-time
7compensation or combined unemployment insurance and short-time
8compensation available in a benefit year shall be considered an
9exhaustee for purposes of extended benefits, as provided under
10the provisions of Section 409, and, if otherwise eligible under
11those provisions, shall be eligible to receive extended
12benefits.
13(Source: P.A. 98-1133, eff. 12-23-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.