Illinois General Assembly - Full Text of Public Act 097-0581
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Public Act 097-0581


 

Public Act 0581 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0581
 
HB2927 EnrolledLRB097 08773 HLH 48903 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Emergency Employment Development
Act is amended by changing Sections 2, 3, 6, 7, 9 and by adding
Sections 11, 12, 13, 14, 17, and 18 as follows:
 
    (20 ILCS 630/2)  (from Ch. 48, par. 2402)
    Sec. 2. For the purposes of this Act, the following words
have the meanings ascribed to them in this Section.
    (a) "Advisory Committee" means the 21st Century Workforce
Development Fund Advisory Committee, established under the
21st Century Workforce Development Fund Act.
    (b) (a) "Coordinator" means the Illinois Emergency
Employment Development Coordinator appointed under Section 3.
    (c) "Department" means the Illinois Department of Commerce
and Economic Opportunity.
    (d) "Director" means the Director of Commerce and Economic
Opportunity.
    (e) (b) "Eligible business" means a for-profit business.
    (f) (c) "Eligible employer" means an eligible nonprofit
agency, or an eligible business.
    (g) (d) "Eligible job applicant" means a person who (1) has
been a resident of this State for at least one year; and (2) is
unemployed; and (3) is not receiving and is not qualified to
receive unemployment compensation or workers' compensation;
and (4) is determined by the employment administrator to be
likely to be available for employment by an eligible employer
for the duration of the job. :
        A. (1) has been a resident of this State for at least
    one year; and (2) is unemployed; and (3) is not receiving
    and is not qualified to receive unemployment compensation
    or workers' compensation; and (4) is determined by the
    employment administrator to be likely to be available for
    employment by an eligible employer for the duration of the
    job; or
        B. is otherwise eligible for services under the Job
    Training Partnership Act (29 USCA 1501 et seq.).
    In addition, a farmer who resides in a county qualified
under Federal Disaster Relief and who can demonstrate severe
financial need may be considered unemployed under this
subsection.
    (h) (e) "Eligible nonprofit agency" means an organization
exempt from taxation under the Internal Revenue Code of 1954,
Section 501(c)(3).
    (i) (f) "Employment administrator" means the
administrative entity designated by the Coordinator, and
approved by the Advisory Committee, to administer the
provisions of this Act in each service delivery area. With
approval of the Advisory Committee, the Coordinator may
designate an administrative entity authorized under the
Workforce Investment Act or private, public, or non-profit
entities that have proven effectiveness in providing training,
workforce development, and job placement services to
low-income individuals Manager of the Department of Commerce
and Economic Opportunity Job Training Programs Division or his
or her designee.
    (j) "Fringe benefits" means all non-salary costs for each
person employed under the program, including, but not limited
to, workers compensation, unemployment insurance, and health
benefits, as would be provided to non-subsidized employees
performing similar work.
    (k) (g) "Household" means a group of persons living at the
same residence consisting of, at a maximum, spouses and the
minor children of each.
    (l) (h) "Program" means the Illinois Emergency Employment
Development Program created by this Act consisting of temporary
work relief projects in nonprofit agencies and new job creation
in the private sector.
    (i) "Service Delivery Area" means that unit or units of
local government designated by the Governor pursuant to Title
I, Part A, Section 102 of the Job Training Partnership Act (29
USCA et seq.).
    (j) "Excess unemployed" means the number of unemployed in
excess of 6.5% of the service delivery area population.
    (k) "Private industry council" means governing body of each
service delivery area created pursuant to Title I, Section 102
of the Job Training Partnership Act (29 USC 1501 et seq.).
    (m) "Service delivery area" means an area designated as a
Local Workforce Investment Area by the State.
    (n) "Workforce Investment Act" means the federal Workforce
Investment Act of 1998, any amendments to that Act, and any
other applicable federal statutes.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 630/3)  (from Ch. 48, par. 2403)
    Sec. 3. Illinois Emergency Employment Development
Coordinator.
    (a) The governor shall may appoint an Illinois Emergency
Employment Development Coordinator to administer the
provisions of this Act. The coordinator shall be within the
Department of Commerce and Economic Opportunity, but shall be
responsible directly to the governor. The coordinator shall
have the powers necessary to carry out the purpose of the
program.
    (b) The coordinator shall:
        (1) recommend one or more Employment Administrators
    for each service delivery area for approval by the Advisory
    Committee, with recommendations based on the demonstrated
    ability of the Employment Administrator to identify and
    address local needs Coordinate the Program with other State
    agencies;
        (2) enter into a contract with one or more Employment
    Administrators in each service delivery area Coordinate
    administration of the program with the general assistance
    program;
        (3) assist the Employment Administrator in developing
    a satisfactory plan if an Employment Administrator submits
    one that does not conform to program requirements Set
    policy regarding disbursement of program funds; and
        (4) convene and provide staff support to the Advisory
    Committee;
        (5) coordinate the program with other State agencies
    and services including public benefits and workforce
    programs for unemployed individuals; and Perform general
    program marketing and monitoring functions.
        (6) perform general program marketing and monitoring
    functions.
    (c) The coordinator shall administer the program within the
Department of Commerce and Economic Opportunity. The Director
of Commerce and Economic Opportunity shall provide
administrative support services to the coordinator for the
purposes of the program.
    (d) The coordinator shall report to the Governor, the
Advisory Committee, Illinois Job Training Coordinating Council
and the General Assembly on a quarterly basis concerning (1)
the number of persons employed under the program; (2) the
number and type of employers under the program; (3) the amount
of money spent in each service delivery area for wages for each
type of employment and each type of other expenses; (4) the
number of persons who have completed participation in the
program and their current employment, educational or training
status; and (5) any information requested by the General
Assembly, the Advisory Committee, or governor or deemed
pertinent by the coordinator; and (6) any identified violations
of this Act and actions taken. Each report shall include
cumulative information, as well as information for each
quarter.
    (e) Rules. The Director of Commerce and Economic
Opportunity, with the advice of the coordinator and the
Advisory Committee, shall adopt rules for the administration
and enforcement of this Act.
(Source: P.A. 96-995, eff. 1-1-11.)
 
    (20 ILCS 630/6)  (from Ch. 48, par. 2406)
    Sec. 6. Program funds; uses. Funds appropriated for the
purposes of the program shall not exceed $10 million per fiscal
year.
    Funds appropriated for the purposes of the program may be
used as follows:
    (a) To provide a State contribution for wages and fringe
benefits for eligible job applicants for a maximum of 1,040
hours over a maximum period of 52 26 weeks per job applicant.
For eligible job applicants participating in a job training
program, the State contribution for wages may be used for a
maximum period of 52 weeks per job applicant. The minimum
allowable hourly wage for job applicants employed in this
program shall not be below 120% of the current State minimum
wage rate. At least 75% of the funds appropriated for the
program must be used to pay wages and fringe benefits for
eligible job applicants. State contribution amounts are as
follows:
        (1) For for-profit business employers, the The State
    contribution for wages shall be 50% of the minimum
    allowable hourly wage wages up to a maximum of $4 per hour
    for each eligible job applicant employed. The State
    contribution for fringe benefits may be up to 25% of the
    State wage contribution $1 per hour for each eligible job
    applicant employed. The employer must match wages in an
    amount equal to or greater than the State contribution for
    this program. Employers are responsible for the remaining
    costs of any benefits provided and other employment related
    costs. The However, the employer may use funds from other
    sources to provide increased wages and benefits to the
    applicants it employs. During the first fiscal year in
    which the program is in effect, at least 75% of the funds
    appropriated for the program must be used to pay wages for
    eligible job applicants. During each subsequent fiscal
    year in which the program is in effect, at least 85% of the
    funds appropriated for the program must be used to pay
    wages for eligible job applicants;
        (2) For non-profit employers participating in this
    program, the State contribution for wages shall be 75% of
    the minimum allowable hourly wage for each eligible job
    applicant employed. The State contribution for fringe
    benefits may be up to 25% of the state wage contribution
    per hour for each eligible job applicant employed. The
    employer must match wages in an amount equal to or greater
    than the State contribution for this program. The State
    contribution may be used to provide workers' compensation
    coverage to applicants employed by government or
    non-profit agencies under this Act. Employers are
    responsible for the remaining costs of any benefits. The
    employer may use funds from other sources to provide
    increased wages and benefits to the applicants it employs.
    (b) To provide child care services or subsidies or other
supportive services necessary to maintain employment to
applicants employed under the program;
    (c) To provide workers' compensation coverage to
applicants employed by nonprofit agencies under the program;
    (d) To provide job search assistance, labor market
orientation, job seeking and work readiness skills, and
referral for other services;
    (e) To purchase supplies and materials for projects
creating permanent improvements to public property in an amount
not to exceed one percent of the funds appropriated; and .
    (f) To reimburse the Department in an amount not to exceed
1% of the funds appropriated for the actual cost of
administering this Act, and to reimburse the Employment
Administrators in an amount not to exceed 4.5% of the funds
allocated to them for their actual cost of administering this
Act. The Director and the Employment Administrators shall
leverage funds from other sources to cover the administrative
costs of this program whenever possible.
    The Employment Administrator of each service delivery area
shall submit to the Coordinator a spending plan establishing
that funds allocated to the service delivery area will be used
within one year after the effective date, in the manner
required by this Act. Any funds allocated to a service delivery
area for which there is no spending plan approved by the
Coordinator shall be returned to the Department and may be
reallocated by the Coordinator to other Employment
Administrators.
(Source: P.A. 84-792.)
 
    (20 ILCS 630/7)  (from Ch. 48, par. 2407)
    Sec. 7. Duties of State agencies.
    (a) The Department of Employment Security Commerce and
Economic Opportunity shall post information publicizing
publicize the program and shall provide staff assistance as
requested by employment administrators in the screening of
businesses and the collection of data about participants in the
program.
    (b) The Secretary of Human Services shall make available to
each employment administrator lists of local child care
providers through the Child Care Resource and Referral Network
available to persons employed under the program. The Director
of Children and Family Services shall provide to each
employment administrator lists of currently licensed local day
care facilities, updated quarterly, to be available to all
persons employed under the program.
    (c) The Secretary of Human Services shall post information
publicizing the program to applicants and recipients of take
all steps necessary to inform each applicant for public aid of
the availability of the program.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 630/9)  (from Ch. 48, par. 2409)
    Sec. 9. (a) Eligible businesses. A business employer is an
eligible employer if it enters into a written contract, signed
and subscribed to under oath, with the employment administrator
for its service delivery area containing assurances that:
    (1) funds received by a business shall be used only as
permitted under the program;
    (2) the business has submitted a plan to the employment
administrator (1) describing the duties and proposed
compensation of each employee proposed to be hired under the
program; and (2) demonstrating that with the funds provided
under the program the business is likely to succeed and
continue to employ persons hired under the program;
    (3) the business will use funds exclusively for
compensation and fringe benefits of eligible job applicants and
will provide employees hired with these funds with fringe
benefits and other terms and conditions of employment
comparable to those provided to other employees of the business
who do comparable work;
    (4) the funds are necessary to allow the business to begin,
or to employ additional people, but not to fill positions which
would be filled even in the absence of funds from this program;
    (5) the business will cooperate with the coordinator in
collecting data to assess the result of the program; and
    (6) the business is in compliance with all applicable
affirmative action, fair labor, health, safety, and
environmental standards.
    (b) In allocating funds among eligible businesses, the
employment administrator shall give priority to businesses
which best satisfy the following criteria:
    (1) have a high potential for growth and long-term job
creation;
    (2) are labor intensive;
    (3) make high use of local and State resources;
    (4) are under ownership of women and minorities;
    (4-5) meet the definition of a small business as defined in
Section 5 of the Small Business Advisory Act;
    (4-10) produce energy conserving materials or services or
are involved in development of renewable sources of energy;
    (5) have their primary places of business in the State; and
    (6) intend to continue the employment of the eligible
applicant for at least 6 months of unsubsidized employment.
    (c) (Blank). If the eligible employee remains employed for
6 months of unsubsidized employment, his employer may apply for
a bonus equal to 1/6 of the subsidy provided to the employer
for that employee under this Act.
    (d) A business receiving funds under this program shall
repay 70% of the amount received for each eligible job
applicant employed who does not continue in the employment of
the business for at least 6 months beyond the subsidized period
unless the employer dismisses an employee for good cause and
works with the Employment Administrator to employ and train
another person referred by the Employment Administrator. The
Employment Administrator shall forward payments received under
this subsection to the Coordinator on a monthly basis. The
Coordinator shall deposit these payments into the Illinois 21st
Century Workforce Development Fund.
(Source: P.A. 84-1399.)
 
    (20 ILCS 630/11 new)
    Sec. 11. Illinois 21st Century Workforce Development Fund
Advisory Committee.
    (a) The 21st Century Workforce Development Fund Advisory
Committee, established under the 21st Century Workforce
Development Fund Act, shall provide oversight to the Illinois
Emergency Employment Development program.
    (b) The Advisory Committee shall meet at the call of the
Coordinator to do the following:
        (1) establish guidelines for the selection of
    Employment Administrators;
        (2) review recommendations of the Coordinator and
    approve final selection of Employment Administrators;
        (3) develop guidelines for the emergency employment
    development plans to be created by each Employment
    Administrator;
        (4) review the emergency employment development plan
    submitted by the Employment Administrator of each service
    delivery area and approve satisfactory plans;
        (5) ensure that the program is widely marketed to
    employers and eligible job seekers;
        (6) set policy regarding disbursement of program
    funds; and
        (7) review program quarterly reports and make
    recommendations for program improvements as needed.
 
    (20 ILCS 630/12 new)
    Sec. 12. Allocation of funds among service delivery areas.
    (a) 90% of the funds available for allocation to Employment
Administrators for the program must be allocated among service
delivery areas as follows: each service delivery area shall be
eligible to receive that proportion of the funds available
which equals the number of unemployed persons in the service
delivery area divided by the total number of unemployed persons
in the State for the 12-month period ending on the most recent
March 31.
    (b) 10% of the funds available for allocation to employment
administrators under the program must be allocated at the
discretion of the Advisory Committee to Employment
Administrators:
        (1) who will maximize the use of the funds through
    coordination with other programs and State, local, and
    federal agencies, through the use of matching funds, or
    through the involvement of low-income constituent groups;
        (2) who have demonstrated need beyond the allocation
    available under subsection (a); and
        (3) who have demonstrated outstanding performance in
    job creation.
 
    (20 ILCS 630/13 new)
    Sec. 13. Allocation within service delivery areas;
priorities. Allocation of funds within a service delivery area
shall be determined by the Employment Administrator in each
service delivery area. The Employment Administrator shall give
priority to job applicants who: (i) live in households with no
other earned income source; (ii) have been unemployed for 6
months or more; or (iii) who would otherwise be eligible to
receive Temporary Aid to Needy Families under Article IV of the
Public Aid Code, Supplemental Nutrition Assistance Program, or
general assistance under Article VI of the Illinois Public Aid
Code.
 
    (20 ILCS 630/14 new)
    Sec. 14. Employment Administrators; powers and duties.
    (a) The Employment Administrator for each service delivery
area has the powers and duties given in this Section and any
additional duties given by the Coordinator.
    (b) Each Employment Administrator shall develop an
emergency employment development plan for its service delivery
area under guidelines developed by the Advisory Committee and
submit it to the Coordinator within the period allowed by the
Coordinator. To the extent feasible, the Employment
Administrator shall seek input from potential eligible
employers and the public. The Employment Administrator shall
consult with local sources of information to identify current
local needs, including, but not limited to, local Workforce
Investment Boards, economic development councils, community
action agencies, and local Labor Market Information from the
Department of Employment Security.
    (c) Each Employment Administrator shall publicize the
program within its service delivery area to seek maximum
participation by eligible job applicants and employers.
    (d) Each Employment Administrator shall enter into
contracts with eligible employers setting forth the terms of
their participation in the program as required by this Act.
    (e) Each Employment Administrator shall screen job
applicants and employers to achieve the best possible placement
of eligible job applicants with eligible employers.
    (f) Each Employment Administrator shall maintain a list of
eligible job applicants unable to secure employment under the
program at the time of application. The list shall prioritize
eligible job applicants and shall be used to fill jobs with
eligible employers as they become available. Each Employment
Administrator shall receive and coordinate referrals from
other local organizations.
    (g) Each Employment Administrator shall cooperate with
local educational and training institutions to coordinate and
publicize the availability of their resources to assure that
applicants may receive training needed before or while employed
in jobs which are available under the program.
    (h) Each Employment Administrator may disburse funds not to
exceed 1% of the amount allocated to its service delivery area
for the purchase of supplies and materials for projects
creating permanent improvements to public property.
 
    (20 ILCS 630/17 new)
    Sec. 17. Work incentive demonstration project. The
coordinator and members of the Advisory Committee shall explore
avaliable resources to leverage in combination with the wage
subsidies in this Act to develop a Transitional Jobs program.
This Transitional Jobs program would prioritize services for
individuals with limited experience in the labor market and
barriers to employment, including but not limited to,
recipients of Temporary Assistance to Needy Families,
Supplemental Nutrition Assistance Program, or other related
public assistance, and people with criminal records.
 
    (20 ILCS 630/18 new)
    Sec. 18. Worker displacement.
    (a) An eligible employer may not terminate, lay off, or
reduce the working hours of an employee for the purpose of
hiring an individual with funds available under this Act.
    (b) An eligible employer may not hire an individual with
funds available under this Act if any other person is on layoff
from the same or substantially equivalent job.
    (c) In order to qualify as an eligible employer, a
government or non-profit agency or business must certify to the
Employment Administrator that each job created and funded under
this Act:
        (1) will result in an increase in employment
    opportunity over the level that would otherwise be
    available;
        (2) will not result in the displacement of currently
    employed workers, including partial displacement such as
    reduction in hours of non-overtime work, wages, or
    employment benefits; and
        (3) will not impair existing contracts for service or
    result in the substitution of program funds for other funds
    in connection with work that would otherwise be performed.
 
    Section 10. The Corporate Accountability for Tax
Expenditures Act is amended by changing Section 5 as follows:
 
    (20 ILCS 715/5)
    Sec. 5. Definitions. As used in this Act:
    "Base years" means the first 2 complete calendar years
following the effective date of a recipient receiving
development assistance.
    "Date of assistance" means the commencement date of the
assistance agreement, which date triggers the period during
which the recipient is obligated to create or retain jobs and
continue operations at the specific project site.
    "Default" means that a recipient has not achieved its job
creation, job retention, or wage or benefit goals, as
applicable, during the prescribed period therefor.
    "Department" means, unless otherwise noted, the Department
of Commerce and Economic Opportunity or any successor agency.
    "Development assistance" means (1) tax credits and tax
exemptions (other than given under tax increment financing)
given as an incentive to a recipient business organization
pursuant to an initial certification or an initial designation
made by the Department under the Economic Development for a
Growing Economy Tax Credit Act, River Edge Redevelopment Zone
Act, and the Illinois Enterprise Zone Act, including the High
Impact Business program, (2) grants or loans given to a
recipient as an incentive to a business organization pursuant
to the River Edge Redevelopment Zone Act, Large Business
Development Program, the Business Development Public
Infrastructure Program, or the Industrial Training Program,
(3) the State Treasurer's Economic Program Loans, (4) the
Illinois Department of Transportation Economic Development
Program, and (5) all successor and subsequent programs and tax
credits designed to promote large business relocations and
expansions. "Development assistance" does not include tax
increment financing, assistance provided under the Illinois
Enterprise Zone Act and River Edge Redevelopment Zone Act
pursuant to local ordinance, participation loans, or financial
transactions through statutorily authorized financial
intermediaries in support of small business loans and
investments or given in connection with the development of
affordable housing. "Development assistance" includes
assistance under the Illinois Emergency Employment Program
pursuant to the Illinois Emergency Development Act.
    "Development assistance agreement" means any agreement
executed by the State granting body and the recipient setting
forth the terms and conditions of development assistance to be
provided to the recipient consistent with the final application
for development assistance, including but not limited to the
date of assistance, submitted to and approved by the State
granting body.
    "Full-time, permanent job" means either: (1) the
definition therefor in the legislation authorizing the
programs described in the definition of development assistance
in the Act or (2) if there is no such definition, then as
defined in administrative rules implementing such legislation,
provided the administrative rules were in place prior to the
effective date of this Act. On and after the effective date of
this Act, if there is no definition of "full-time, permanent
job" in either the legislation authorizing a program that
constitutes economic development assistance under this Act or
in any administrative rule implementing such legislation that
was in place prior to the effective date of this Act, then
"full-time, permanent job" means a job in which the new
employee works for the recipient at a rate of at least 35 hours
per week.
    "New employee" means either: (1) the definition therefor in
the legislation authorizing the programs described in the
definition of development assistance in the Act or (2) if there
is no such definition, then as defined in administrative rules
implementing such legislation, provided the administrative
rules were in place prior to the effective date of this Act. On
and after the effective date of this Act, if there is no
definition of "new employee" in either the legislation
authorizing a program that constitutes economic development
assistance under this Act nor in any administrative rule
implementing such legislation that was in place prior to the
effective date of this Act, then "new employee" means a
full-time, permanent employee who represents a net increase in
the number of the recipient's employees statewide. "New
employee" includes an employee who previously filled a new
employee position with the recipient who was rehired or called
back from a layoff that occurs during or following the base
years.
    The term "New Employee" does not include any of the
following:
        (1) An employee of the recipient who performs a job
    that was previously performed by another employee in this
    State, if that job existed in this State for at least 6
    months before hiring the employee.
        (2) A child, grandchild, parent, or spouse, other than
    a spouse who is legally separated from the individual, of
    any individual who has a direct or indirect ownership
    interest of at least 5% in the profits, capital, or value
    of any member of the recipient.
    "Part-time job" means either: (1) the definition therefor
in the legislation authorizing the programs described in the
definition of development assistance in the Act or (2) if there
is no such definition, then as defined in administrative rules
implementing such legislation, provided the administrative
rules were in place prior to the effective date of this Act. On
and after the effective date of this Act, if there is no
definition of "part-time job" in either the legislation
authorizing a program that constitutes economic development
assistance under this Act or in any administrative rule
implementing such legislation that was in place prior to the
effective date of this Act, then "part-time job" means a job in
which the new employee works for the recipient at a rate of
less than 35 hours per week.
    "Recipient" means any business that receives economic
development assistance. A business is any corporation, limited
liability company, partnership, joint venture, association,
sole proprietorship, or other legally recognized entity.
    "Retained employee" means either: (1) the definition
therefor in the legislation authorizing the programs described
in the definition of development assistance in the Act or (2)
if there is no such definition, then as defined in
administrative rules implementing such legislation, provided
the administrative rules were in place prior to the effective
date of this Act. On and after the effective date of this Act,
if there is no definition of "retained employee" in either the
legislation authorizing a program that constitutes economic
development assistance under this Act or in any administrative
rule implementing such legislation that was in place prior to
the effective date of this Act, then "retained employee" means
any employee defined as having a full-time or full-time
equivalent job preserved at a specific facility or site, the
continuance of which is threatened by a specific and
demonstrable threat, which shall be specified in the
application for development assistance.
    "Specific project site" means that distinct operational
unit to which any development assistance is applied.
    "State granting body" means the Department, any State
department or State agency that provides development
assistance that has reporting requirements under this Act, and
any successor agencies to any of the preceding.
    "Temporary job" means either: (1) the definition therefor
in the legislation authorizing the programs described in the
definition of development assistance in the Act or (2) if there
is no such definition, then as defined in administrative rules
implementing such legislation, provided the administrative
rules were in place prior to the effective date of this Act. On
and after the effective date of this Act, if there is no
definition of "temporary job" in either the legislation
authorizing a program that constitutes economic development
assistance under this Act or in any administrative rule
implementing such legislation that was in place prior to the
effective date of this Act, then "temporary job" means a job in
which the new employee is hired for a specific duration of time
or season.
    "Value of assistance" means the face value of any form of
development assistance.
(Source: P.A. 93-552, eff. 8-20-03; 94-793, eff. 5-19-06;
94-1021, eff. 7-12-06.)
 
    Section 15. The 21st Century Workforce Development Fund Act
is amended by changing Section 15 as follows:
 
    (30 ILCS 787/15)
    Sec. 15. Use of Fund.
    (a) Role of Fund. Subject to appropriation, resources
Resources from the Fund are intended to be used flexibly to
support innovative and locally-driven strategies, to leverage
other funding sources, and to fill gaps in existing workforce
development resources in Illinois. They are not intended to
supplant existing workforce development resources.
    (b) Distribution of funds. Funds shall be distributed
through competitive grantmaking processes administered by the
Department and overseen by the Advisory Committee. No more than
6% of funds used for grants may be retained by the Department
for administrative costs or for program evaluation or technical
assistance activities.
    (c) Grantmaking. The Department must administer funds
through competitive grantmaking in accordance with the
priorities described in this Act. Grantmaking must be used to
support workforce development strategies consistent with the
priorities outlined in this Act. Strategies may include, but
are not limited to the following:
        (i) Expanded grantmaking for existing State workforce
    development strategies, including the Job Training and
    Economic Development Program and programs designed to
    increase the number of persons traditionally
    underrepresented in the building trades, specifically
    minorities and women.
        (ii) Workforce development initiatives that help the
    least skilled adults access employment and education
    opportunities, including transitional jobs programs and
    educational bridge programming that integrate basic
    education and occupational skills training.
        (iii) Sectoral strategies that develop
    industry-specific workforce education and training
    services that lead to existing or expected jobs with
    identified employers and that include services to ensure
    that low-income, low-skilled adults can be served.
        (iv) Support for the development and implementation of
    workforce education and training programs in the energy
    efficiency, renewable energy, and pollution control
    cleanup and prevention industries.
        (v) Support for planning activities that: ensure that
    workforce development and education needs of low-skilled
    adults are integrated into industry-specific career
    pathways; analyze labor market data to track workforce
    trends in the State's energy-related initiatives; or
    increase the capacity of communities to provide workforce
    services to low-income, low-skilled adults.
    (d) Allowable expenditures. Grant funds are limited to
expenditures for the following:
        (i) Basic skills training, adult education,
    occupational training, job readiness training, and
    soft-skills training for which financial aid is otherwise
    not available.
        (ii) Workforce development-related services including
    mentoring, job development, support services,
    transportation assistance, and wage subsidies, that are
    tied to participation in training and employment.
        (iii) Capacity building, program development, and
    technical assistance activities necessary for the
    development and implementation of new workforce education
    and training strategies.
    No more than 5% of any grant may be used for administrative
costs.
    (e) Eligible applicants. For grants under this Section,
eligible applicants include the following:
        (i) Any private, public, and non-profit entities that
    provide education, training, and workforce development
    services to low-income individuals.
        (ii) Educational institutions.
        (iii) Labor and business associations.
(Source: P.A. 96-771, eff. 8-28-09.)
 
    Section 99. Effective date. This Act takes effect July 1,
2011.

Effective Date: 8/26/2011