Public Act 93-0046

HB0696 Enrolled                      LRB093 05486 MKM 05577 b

    AN ACT concerning human services.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois Guaranteed Job Opportunity Act
is amended by changing Sections 10, 15, 25, 30, 35,  40,  45,
50, 55, and 65 as follows:

    (20 ILCS 1510/10)
    Sec. 10.  Definitions.  As used in this Act:
    "Department"   means   the  Department  of  Commerce  and
Community Affairs.
    "Eligible area" means a county,  township,  municipality,
or ward or precinct of a municipality.
    (a)  "Participant"  means an individual who is determined
to be eligible under Section 25.
    (b)  "Project" means the definable task or group of tasks
which:
         (1)  will be carried  out  by  a  public  agency,  a
    private  nonprofit organization, a private contractor, or
    a cooperative,
         (2)  (blank),  will   meet   the   requirements   of
    subsection (f) of Section 35,
         (3)  will   result   in   a   specific   product  or
    accomplishment, and
         (4)  would not otherwise be conducted with  existing
    funds.
    (c)  "Director"   means  the  Director  of  Commerce  and
Community Affairs Director of Labor.
(Source: P.A. 88-114.)

    (20 ILCS 1510/15)
    Sec. 15.  Establishment of program.  The  Department  may
issue  grants  for  the operation of projects under this Act.
The issuance of the grants is subject to the availability  of
State or federal funds and at the discretion of the Director.
Grants  shall  be  made  and projects shall be assisted under
this Act only to the extent that funding from federal sources
is available for those purposes. From the  sums  appropriated
by  the  General  Assembly  for any fiscal year, the Director
shall  make  grants  to  Executive  Councils  established  in
accordance with Section 20 for the purpose of assisting local
job projects which meet the requirements  of  this  Act.  The
General  Assembly  may  appropriate funds for the purposes of
this Section from any appropriate State source  or  from  any
appropriate  federal source, regardless of which State agency
is the initial recipient of the federal funds.
(Source: P.A. 88-114.)

    (20 ILCS 1510/25)
    Sec. 25.  Program eligibility.
    (a)  General  Rule.   An  individual   is   eligible   to
participate  in  the  job projects assisted under this Act if
the individual:
         (1)  is at least 16 years of age;
         (2)  has resided in the eligible area for  at  least
    30 days;
         (3)  has  been  unemployed  for 35 days prior to the
    determination of employment  for  job  projects  assisted
    under this Act; and
         (4)  is  a  citizen  of  the  United  States,  is  a
    national  of  the  United  States, is a lawfully admitted
    permanent resident alien, is a lawfully admitted  refugee
    or  parolee,  or  is  otherwise  authorized by the United
    States Attorney General to work in the United States; and
         (5)  is a recipient of assistance under  Article  IV
    of the Illinois Public Aid Code.
    (b)  Limitations.
         (1)  (Blank).   Not  more  than  2  individuals  who
    reside  in  any  household  may  be  eligible  for  a job
    assisted under this Act.
         (2)  (Blank).  No individual whose earned income for
    the year preceding the year in which the determination of
    employment under this Act is made is  equal  to  or  more
    than  $17,000, or who has a combined family income in the
    year in which the determination of employment under  this
    Act  is  made  which  is  equal to or more than $17,000 a
    year, may be eligible for a job assisted under this Act.
         (3)  No  individual   participating   in   the   job
    opportunity  project  assisted under this Act may work in
    any compensated job other than  the  job  assisted  under
    this Act for more than 20 16 hours per week.
         (4)  Individuals  Each  individual  participating in
    the  job  project   assisted   under   this   Act   shall
    demonstrate,  to  the  project manager of the job project
    assisted under this Act shall, that the individual sought
    employment in the private sector during the 35 days prior
    to making application for employment under this  Act  and
    will  continue  to  seek  employment during the period of
    employment assisted under this Act.
         (5)  Any individual eligible for retirement benefits
    under the  Social  Security  Act,  under  any  retirement
    system   for  Federal  Government  employees,  under  the
    railroad retirement system, under the military retirement
    system, under a State or local government pension plan or
    retirement system, or any private pension program is  not
    eligible  to  receive  a job under a job project assisted
    under this Act.
(Source: P.A. 88-114.)

    (20 ILCS 1510/30)
    Sec.  30.  Testing  and   Education   requirements.   Any
individual   who  has  not  completed  high  school  and  who
participates in a job project under this Act may  enroll,  if
appropriate,  in  and  maintain  satisfactory  progress  in a
secondary school or an adult basic education or GED  program.
Any  individual  with  limited  English  speaking ability may
participate, if  appropriate,  in  an  English  as  a  Second
Language program.
    (a)  Testing.  Each participant shall be tested for basic
reading  and  writing  competence  by  the District Executive
Council prior to employment by a job project  assisted  under
this Act.
    (b)  Education Requirement.
         (1)   Each   participant   who   fails  to  complete
    satisfactorily the  basic  competency  test  required  by
    subsection   (a)  of  this  Section  shall  be  furnished
    counseling and instruction.
    (2)  Each participant in a  job  project  assisted  under
    this Act shall, in order to continue employment, maintain
    satisfactory  progress  toward  and  receive  a secondary
    school diploma or its equivalent.
    (3)  Each  participant  with  limited  English   speaking
    ability  may  be  furnished  instruction  as the District
    Executive Council deems appropriate.
(Source: P.A. 88-114.)

    (20 ILCS 1510/35)
    Sec. 35.  Local Job Projects.
    (a)  General  authority.   The  Department   may   accept
applications and issue grants for operation of projects under
this  Act.   Each District Executive Council shall select job
projects to be assisted under this  Act.   Each  job  project
selected  for assistance shall provide employment to eligible
participants.
    (b)  Project Objection. Subject to appropriation, no more
than 3 small projects may be selected to pilot  a  subsidized
employment  to Temporary Assistance for Needy Families (TANF)
program for participants for a period  of  not  more  than  6
months. The selected projects shall demonstrate their ability
to   move  clients  from  participation  in  the  project  to
unsubsidized  employment.  The  Department  may  refer   TANF
participants   to   other   subsidized   employment  programs
available through the  Workforce  Investment  Act  (WIA)  One
Stops  or  through other community-based programs. No project
may be selected under this Section if  an  objection  to  the
project   is  filed  by  2  representatives  appointed  under
subparagraph (A)  of  paragraph  (3)  of  subsection  (a)  of
Section   20   or   by   2  representatives  appointed  under
subparagraph (B)  of  paragraph  (3)  of  subsection  (a)  of
Section 20.
    (c)  Political  affiliation  prohibited.   No  manager or
other officer or employee of a District Executive Council  or
of  the  job  project  assisted  under  this  Act may apply a
political   affiliation   test    in    selecting    eligible
participation for employment in the project.
    (d)  Limitations.
         (1)  Not  more than 10% of the total expenses in any
    fiscal  year  of  the  job  project  may  be   used   for
    transportation and equipment.
         (2)  (Blank).   Not more than 10% of the individuals
    employed in any job project assisted under this  Act  may
    be employed to supervise a project.  Individuals selected
    as  supervisors  may  be  selected  without regard to the
    provisions of Section 25 and may receive wages in  excess
    of  the rate determined under Section 40.  The limitation
    on the ratio of supervisors to employees shall not  apply
    where  more  supervision  of  eligible  participants will
    contribute to carrying out the objectives of this Act.
    (e)  Minimum  Maximum  hours  per  week   employed.    No
eligible participant employed in a job project assisted under
this Act may be employed on the project for less more than 30
32 hours per week.
    (f)  (Blank).   Project  Progress  Reports.  Each project
manager shall prepare and submit to  the  District  Executive
Council  monthly progress reports on the job project assisted
under this Act.
(Source: P.A. 88-114.)

    (20 ILCS 1510/40)
    Sec. 40.  Benefits; supportive services; job clubs.
    (a)  Wages.  Each eligible participant who is employed in
job projects assisted under  this  Act  shall  receive  wages
equal  to  the  higher  of (1) the minimum wage under Section
6(a)(1) of the Fair Labor Standards Act of 1938 or,  (2)  the
minimum  wage  under  the applicable minimum wage law, or (3)
the amount which the eligible participant received in welfare
benefits pursuant to the State plan approved under Part A  of
Title  IV  of  the  Social  Security  Act  or  in the form of
unemployment compensation, if applicable,  plus  10%  of  the
amount, whichever is higher.
    (b)  Benefits.  Each eligible participant who is employed
in  projects  assisted  under  this  Act  shall  be furnished
benefits and employment conditions comparable to the benefits
and  conditions  provided  to  other  employees  employed  in
similar  occupations  by  a  comparable  employer,  but    No
participant  shall  be eligible for unemployment compensation
during or on the basis of employment in a project.
    (c)  Supportive services.  Each eligible participant  who
is  employed  in  projects  assisted  under this Act shall be
eligible for supportive  services  as  provided  under  rules
developed    by    the    Department,   which   may   include
transportation, health care, special services  and  materials
for  the handicapped, child care and other services which are
necessary to enable the individual to participate.
    (d)  Job clubs. All participants shall participate  in  a
job  club.   The  project  shall  operate  or  otherwise make
arrangements for each participant to  participate  in  a  job
club. Each District Executive Council shall establish for the
eligible  area job clubs to assist eligible participants with
the preparation of resumes, the development  of  interviewing
techniques,  evaluation  of individual job search activities,
and economic education classes.
(Source: P.A. 88-114.)

    (20 ILCS 1510/45)
    Sec. 45.  Labor standards applicable to job projects.
    (a)  Conditions of employment.
         (1)  Conditions of employment and training shall  be
    appropriate  and  reasonable  in light of factors such as
    the type of work, geographical region, and proficiency of
    the participant.
         (2)  Health and safety standards  established  under
    State  and  Federal  law, otherwise applicable to working
    conditions of employees, shall be equally  applicable  to
    working  conditions of participants.  With respect to any
    participant in a job project conducted under this Act who
    is engaged in activities which are not covered by  health
    and  safety  standards  under the Occupational Safety and
    Health Act of 1970,  the  Director  shall  prescribe,  by
    regulation,  standards as may be necessary to protect the
    health and safety of a participant.
         (3)  No funds available under this Act may  be  used
    for   contributions  on  behalf  of  any  participant  to
    retirement systems or plans.
    (b)  Displacement rules.
         (1)  No currently employed worker shall be displaced
    by any participant, including partial  displacement  such
    as  a  reduction in the hours of nonovertime work, wages,
    or employment benefits.
         (2)  No job project shall impair existing  contracts
    for  services or collective bargaining agreements, except
    that no  job  project  under  this  Act  which  would  be
    inconsistent  with  the  terms of a collective bargaining
    agreement  shall  be  undertaken  without   the   written
    concurrence   of  the  labor  organization  and  employer
    concerned.
         (3)  No participant shall be employed or job opening
    filled when any other individual is on  layoff  from  the
    same  or  any  substantially  equivalent job, or when the
    employer has terminated the  employment  of  any  regular
    employee  or  otherwise  reduced  its  workforce with the
    intention of filling the vacancy so created by  hiring  a
    participant whose wages are subsidized under this Act.
         (4)  No  jobs shall be created in a promotional line
    that will  infringe  in  any  way  upon  the  promotional
    opportunities of currently employed individuals.
(Source: P.A. 88-114.)

    (20 ILCS 1510/50)
    Sec. 50.  Nondiscrimination.
    (a)  General rule.
         (1)  Discrimination  on  the  basis  of  age, on the
    basis of handicap, on the basis of sex, or on  the  basis
    of race, color, or national origin is prohibited.
         (2)  No    individual   shall   be   excluded   from
    participation in, denied the benefits  of,  subjected  to
    discrimination   under,   or  denied  employment  in  the
    administration of  or  in  connection  with  any  project
    because  of  race, color, religion, sex, national origin,
    age, handicap, or political affiliation or belief.
         (3)  (Blank).  No participant shall be  employed  on
    the   construction,  operation,  or  maintenance  of  any
    facility used or to be used for sectarian instruction  or
    as a place for religious worship.
         (4)  With respect to terms and conditions affecting,
    or  rights  provided to, individuals who are participants
    in activities supported by funds provided under this Act,
    the individuals shall not be discriminated against solely
    because of their status as the participants.
    (b)  (Blank).  Failure To Comply  With  Rules.   Whenever
the Director finds that a recipient has failed to comply with
subsection  (a)  of  this  Section,  or  with  an  applicable
regulation prescribed to carry out this Section, the Director
shall  notify the recipient and shall request compliance.  If
within a reasonable period of time, not to  exceed  60  days,
the  recipient  fails  or refuses to comply, the Director may
(1)  refer  the  matter  to  the  Attorney  General  with   a
recommendation   that   an   appropriate   civil   action  be
instituted, or (2) take other action as may  be  provided  by
law.
    (c)  (Blank).   Referral  to  Attorney  General.   When a
matter is  referred  to  the  Attorney  General  pursuant  to
paragraph  (1)  of  subsection  (b), or whenever the Attorney
General has reason to believe that a recipient is engaged  in
a  pattern  or  practice  in violation of subsection (a), the
Attorney General may bring a civil action in any  appropriate
court  of  the  State  of  Illinois  for  relief  as  may  be
appropriate, including injunctive relief.
(Source: P.A. 88-114.)

    (20 ILCS 1510/55)
    Sec.  55.  Evaluation.   Each  project District Executive
Council shall establish and maintain a an evaluation file for
each individual employed in a  project  assisted  under  this
Act.   These  files shall be available to the Department upon
request.  The evaluation file shall be made available to  the
participant  monthly  and shall not be available to any other
person without the consent of the employee.  In carrying  out
the  provisions  of  this  Section, each Council shall assure
that the participant will  be  afforded  the  opportunity  to
discuss any matter contained in, or omitted from, the file.
(Source: P.A. 88-114.)

    (20 ILCS 1510/65)
    Sec.  65.  Evaluation.   The  Department shall conduct an
evaluation of the success of the projects funded  under  this
Act.  Each project shall cooperate with the Department in the
collection   of   any   data   needed   for  the  evaluation.
Administration.
    (a)  Accepting Property For  Use  Under  This  Act.   The
Director  is authorized, in carrying out this Act, to accept,
purchase, or lease in the name of the Department, and  employ
or  dispose of in furtherance of the purpose of this Act, any
money or property, real,  personal,  or  mixed,  tangible  or
intangible,  received by gift, devise, bequest, or otherwise,
and to accept voluntary and uncompensated services.
    (b)  General Administrative Authority.  The Director  may
make  grants,  contracts, or agreements, establish procedures
and make payments, in installments, in advance or by  way  of
reimbursement,  or  otherwise  allocate or expend funds under
this Act as  necessary  to  carry  out  this  Act,  including
expenditures   for   construction,   repairs,   and   capital
improvements, and including necessary adjustments in payments
on account of overpayments or underpayments.
    (c)  Waiver Authority.  The Director may waive:
         (1)  the  testing  requirement  for individuals with
    handicaps;
         (2)  the education requirement in paragraph  (2)  of
    subsection (b) of Section 30; and
         (3)  subject   to   a  2/3  vote  of  each  District
    Executive Council, the requirement relating to a  32-hour
    work  week under subsection (e) of Section 35 for unusual
    circumstances.
    (d)  Report.  The Director shall prepare  and  submit  to
the  General  Assembly an annual report on the administration
of this Act.  The Director shall include the following in the
report:
         (1)  a summary of the  achievements,  failures,  and
    problems  of  the  programs  authorized  in  this  Act in
    meeting the objective of this Act; and
         (2)  recommendations, including recommendations  for
    legislative  or  administrative  action,  as the Director
    deems appropriate.
    (e)  Audit.  The Auditor General of the State of Illinois
and any authorized representatives shall have access for  the
purpose  of  audit  and  examination to any books, documents,
papers, and records, of any recipient under this Act that are
pertinent to the amounts received and  disbursed  under  this
Act.
    (f)  Adoption   of   rules.    The   Director  may  adopt
appropriate rules to carry out this Act.
(Source: P.A. 88-114.)

    (20 ILCS 1510/20 rep.)
    (20 ILCS 1510/60 rep.)
    Section 10.  The Illinois Guaranteed Job Opportunity  Act
is amended by repealing Sections 20 and 60.

    Section  99.  Effective date.  This Act takes effect July
1, 2003.