093_HB0696enr

 
HB0696 Enrolled                      LRB093 05486 MKM 05577 b

 1        AN ACT concerning human services.

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

 4        Section  5.  The  Illinois Guaranteed Job Opportunity Act
 5    is amended by changing Sections 10, 15, 25, 30, 35,  40,  45,
 6    50, 55, and 65 as follows:

 7        (20 ILCS 1510/10)
 8        Sec. 10.  Definitions.  As used in this Act:
 9        "Department"   means   the  Department  of  Commerce  and
10    Community Affairs.
11        "Eligible area" means a county,  township,  municipality,
12    or ward or precinct of a municipality.
13        (a)  "Participant"  means an individual who is determined
14    to be eligible under Section 25.
15        (b)  "Project" means the definable task or group of tasks
16    which:
17             (1)  will be carried  out  by  a  public  agency,  a
18        private  nonprofit organization, a private contractor, or
19        a cooperative,
20             (2)  (blank),  will   meet   the   requirements   of
21        subsection (f) of Section 35,
22             (3)  will   result   in   a   specific   product  or
23        accomplishment, and
24             (4)  would not otherwise be conducted with  existing
25        funds.
26        (c)  "Director"   means  the  Director  of  Commerce  and
27    Community Affairs Director of Labor.
28    (Source: P.A. 88-114.)

29        (20 ILCS 1510/15)
30        Sec. 15.  Establishment of program.  The  Department  may
 
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 1    issue  grants  for  the operation of projects under this Act.
 2    The issuance of the grants is subject to the availability  of
 3    State or federal funds and at the discretion of the Director.
 4    Grants  shall  be  made  and projects shall be assisted under
 5    this Act only to the extent that funding from federal sources
 6    is available for those purposes. From the  sums  appropriated
 7    by  the  General  Assembly  for any fiscal year, the Director
 8    shall  make  grants  to  Executive  Councils  established  in
 9    accordance with Section 20 for the purpose of assisting local
10    job projects which meet the requirements  of  this  Act.  The
11    General  Assembly  may  appropriate funds for the purposes of
12    this Section from any appropriate State source  or  from  any
13    appropriate  federal source, regardless of which State agency
14    is the initial recipient of the federal funds.
15    (Source: P.A. 88-114.)

16        (20 ILCS 1510/25)
17        Sec. 25.  Program eligibility.
18        (a)  General  Rule.   An  individual   is   eligible   to
19    participate  in  the  job projects assisted under this Act if
20    the individual:
21             (1)  is at least 16 years of age;
22             (2)  has resided in the eligible area for  at  least
23        30 days;
24             (3)  has  been  unemployed  for 35 days prior to the
25        determination of employment  for  job  projects  assisted
26        under this Act; and
27             (4)  is  a  citizen  of  the  United  States,  is  a
28        national  of  the  United  States, is a lawfully admitted
29        permanent resident alien, is a lawfully admitted  refugee
30        or  parolee,  or  is  otherwise  authorized by the United
31        States Attorney General to work in the United States; and
32             (5)  is a recipient of assistance under  Article  IV
33        of the Illinois Public Aid Code.
 
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 1        (b)  Limitations.
 2             (1)  (Blank).   Not  more  than  2  individuals  who
 3        reside  in  any  household  may  be  eligible  for  a job
 4        assisted under this Act.
 5             (2)  (Blank).  No individual whose earned income for
 6        the year preceding the year in which the determination of
 7        employment under this Act is made is  equal  to  or  more
 8        than  $17,000, or who has a combined family income in the
 9        year in which the determination of employment under  this
10        Act  is  made  which  is  equal to or more than $17,000 a
11        year, may be eligible for a job assisted under this Act.
12             (3)  No  individual   participating   in   the   job
13        opportunity  project  assisted under this Act may work in
14        any compensated job other than  the  job  assisted  under
15        this Act for more than 20 16 hours per week.
16             (4)  Individuals  Each  individual  participating in
17        the  job  project   assisted   under   this   Act   shall
18        demonstrate,  to  the  project manager of the job project
19        assisted under this Act shall, that the individual sought
20        employment in the private sector during the 35 days prior
21        to making application for employment under this  Act  and
22        will  continue  to  seek  employment during the period of
23        employment assisted under this Act.
24             (5)  Any individual eligible for retirement benefits
25        under the  Social  Security  Act,  under  any  retirement
26        system   for  Federal  Government  employees,  under  the
27        railroad retirement system, under the military retirement
28        system, under a State or local government pension plan or
29        retirement system, or any private pension program is  not
30        eligible  to  receive  a job under a job project assisted
31        under this Act.
32    (Source: P.A. 88-114.)

33        (20 ILCS 1510/30)
 
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 1        Sec.  30.  Testing  and   Education   requirements.   Any
 2    individual   who  has  not  completed  high  school  and  who
 3    participates in a job project under this Act may  enroll,  if
 4    appropriate,  in  and  maintain  satisfactory  progress  in a
 5    secondary school or an adult basic education or GED  program.
 6    Any  individual  with  limited  English  speaking ability may
 7    participate, if  appropriate,  in  an  English  as  a  Second
 8    Language program.
 9        (a)  Testing.  Each participant shall be tested for basic
10    reading  and  writing  competence  by  the District Executive
11    Council prior to employment by a job project  assisted  under
12    this Act.
13        (b)  Education Requirement.
14             (1)   Each   participant   who   fails  to  complete
15        satisfactorily the  basic  competency  test  required  by
16        subsection   (a)  of  this  Section  shall  be  furnished
17        counseling and instruction.
18        (2)  Each participant in a  job  project  assisted  under
19        this Act shall, in order to continue employment, maintain
20        satisfactory  progress  toward  and  receive  a secondary
21        school diploma or its equivalent.
22        (3)  Each  participant  with  limited  English   speaking
23        ability  may  be  furnished  instruction  as the District
24        Executive Council deems appropriate.
25    (Source: P.A. 88-114.)

26        (20 ILCS 1510/35)
27        Sec. 35.  Local Job Projects.
28        (a)  General  authority.   The  Department   may   accept
29    applications and issue grants for operation of projects under
30    this  Act.   Each District Executive Council shall select job
31    projects to be assisted under this  Act.   Each  job  project
32    selected  for assistance shall provide employment to eligible
33    participants.
 
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 1        (b)  Project Objection. Subject to appropriation, no more
 2    than 3 small projects may be selected to pilot  a  subsidized
 3    employment  to Temporary Assistance for Needy Families (TANF)
 4    program for participants for a period  of  not  more  than  6
 5    months. The selected projects shall demonstrate their ability
 6    to   move  clients  from  participation  in  the  project  to
 7    unsubsidized  employment.  The  Department  may  refer   TANF
 8    participants   to   other   subsidized   employment  programs
 9    available through the  Workforce  Investment  Act  (WIA)  One
10    Stops  or  through other community-based programs. No project
11    may be selected under this Section if  an  objection  to  the
12    project   is  filed  by  2  representatives  appointed  under
13    subparagraph (A)  of  paragraph  (3)  of  subsection  (a)  of
14    Section   20   or   by   2  representatives  appointed  under
15    subparagraph (B)  of  paragraph  (3)  of  subsection  (a)  of
16    Section 20.
17        (c)  Political  affiliation  prohibited.   No  manager or
18    other officer or employee of a District Executive Council  or
19    of  the  job  project  assisted  under  this  Act may apply a
20    political   affiliation   test    in    selecting    eligible
21    participation for employment in the project.
22        (d)  Limitations.
23             (1)  Not  more than 10% of the total expenses in any
24        fiscal  year  of  the  job  project  may  be   used   for
25        transportation and equipment.
26             (2)  (Blank).   Not more than 10% of the individuals
27        employed in any job project assisted under this  Act  may
28        be employed to supervise a project.  Individuals selected
29        as  supervisors  may  be  selected  without regard to the
30        provisions of Section 25 and may receive wages in  excess
31        of  the rate determined under Section 40.  The limitation
32        on the ratio of supervisors to employees shall not  apply
33        where  more  supervision  of  eligible  participants will
34        contribute to carrying out the objectives of this Act.
 
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 1        (e)  Minimum  Maximum  hours  per  week   employed.    No
 2    eligible participant employed in a job project assisted under
 3    this Act may be employed on the project for less more than 30
 4    32 hours per week.
 5        (f)  (Blank).   Project  Progress  Reports.  Each project
 6    manager shall prepare and submit to  the  District  Executive
 7    Council  monthly progress reports on the job project assisted
 8    under this Act.
 9    (Source: P.A. 88-114.)

10        (20 ILCS 1510/40)
11        Sec. 40.  Benefits; supportive services; job clubs.
12        (a)  Wages.  Each eligible participant who is employed in
13    job projects assisted under  this  Act  shall  receive  wages
14    equal  to  the  higher  of (1) the minimum wage under Section
15    6(a)(1) of the Fair Labor Standards Act of 1938 or,  (2)  the
16    minimum  wage  under  the applicable minimum wage law, or (3)
17    the amount which the eligible participant received in welfare
18    benefits pursuant to the State plan approved under Part A  of
19    Title  IV  of  the  Social  Security  Act  or  in the form of
20    unemployment compensation, if applicable,  plus  10%  of  the
21    amount, whichever is higher.
22        (b)  Benefits.  Each eligible participant who is employed
23    in  projects  assisted  under  this  Act  shall  be furnished
24    benefits and employment conditions comparable to the benefits
25    and  conditions  provided  to  other  employees  employed  in
26    similar  occupations  by  a  comparable  employer,  but    No
27    participant  shall  be eligible for unemployment compensation
28    during or on the basis of employment in a project.
29        (c)  Supportive services.  Each eligible participant  who
30    is  employed  in  projects  assisted  under this Act shall be
31    eligible for supportive  services  as  provided  under  rules
32    developed    by    the    Department,   which   may   include
33    transportation, health care, special services  and  materials
 
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 1    for  the handicapped, child care and other services which are
 2    necessary to enable the individual to participate.
 3        (d)  Job clubs. All participants shall participate  in  a
 4    job  club.   The  project  shall  operate  or  otherwise make
 5    arrangements for each participant to  participate  in  a  job
 6    club. Each District Executive Council shall establish for the
 7    eligible  area job clubs to assist eligible participants with
 8    the preparation of resumes, the development  of  interviewing
 9    techniques,  evaluation  of individual job search activities,
10    and economic education classes.
11    (Source: P.A. 88-114.)

12        (20 ILCS 1510/45)
13        Sec. 45.  Labor standards applicable to job projects.
14        (a)  Conditions of employment.
15             (1)  Conditions of employment and training shall  be
16        appropriate  and  reasonable  in light of factors such as
17        the type of work, geographical region, and proficiency of
18        the participant.
19             (2)  Health and safety standards  established  under
20        State  and  Federal  law, otherwise applicable to working
21        conditions of employees, shall be equally  applicable  to
22        working  conditions of participants.  With respect to any
23        participant in a job project conducted under this Act who
24        is engaged in activities which are not covered by  health
25        and  safety  standards  under the Occupational Safety and
26        Health Act of 1970,  the  Director  shall  prescribe,  by
27        regulation,  standards as may be necessary to protect the
28        health and safety of a participant.
29             (3)  No funds available under this Act may  be  used
30        for   contributions  on  behalf  of  any  participant  to
31        retirement systems or plans.
32        (b)  Displacement rules.
33             (1)  No currently employed worker shall be displaced
 
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 1        by any participant, including partial  displacement  such
 2        as  a  reduction in the hours of nonovertime work, wages,
 3        or employment benefits.
 4             (2)  No job project shall impair existing  contracts
 5        for  services or collective bargaining agreements, except
 6        that no  job  project  under  this  Act  which  would  be
 7        inconsistent  with  the  terms of a collective bargaining
 8        agreement  shall  be  undertaken  without   the   written
 9        concurrence   of  the  labor  organization  and  employer
10        concerned.
11             (3)  No participant shall be employed or job opening
12        filled when any other individual is on  layoff  from  the
13        same  or  any  substantially  equivalent job, or when the
14        employer has terminated the  employment  of  any  regular
15        employee  or  otherwise  reduced  its  workforce with the
16        intention of filling the vacancy so created by  hiring  a
17        participant whose wages are subsidized under this Act.
18             (4)  No  jobs shall be created in a promotional line
19        that will  infringe  in  any  way  upon  the  promotional
20        opportunities of currently employed individuals.
21    (Source: P.A. 88-114.)

22        (20 ILCS 1510/50)
23        Sec. 50.  Nondiscrimination.
24        (a)  General rule.
25             (1)  Discrimination  on  the  basis  of  age, on the
26        basis of handicap, on the basis of sex, or on  the  basis
27        of race, color, or national origin is prohibited.
28             (2)  No    individual   shall   be   excluded   from
29        participation in, denied the benefits  of,  subjected  to
30        discrimination   under,   or  denied  employment  in  the
31        administration of  or  in  connection  with  any  project
32        because  of  race, color, religion, sex, national origin,
33        age, handicap, or political affiliation or belief.
 
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 1             (3)  (Blank).  No participant shall be  employed  on
 2        the   construction,  operation,  or  maintenance  of  any
 3        facility used or to be used for sectarian instruction  or
 4        as a place for religious worship.
 5             (4)  With respect to terms and conditions affecting,
 6        or  rights  provided to, individuals who are participants
 7        in activities supported by funds provided under this Act,
 8        the individuals shall not be discriminated against solely
 9        because of their status as the participants.
10        (b)  (Blank).  Failure To Comply  With  Rules.   Whenever
11    the Director finds that a recipient has failed to comply with
12    subsection  (a)  of  this  Section,  or  with  an  applicable
13    regulation prescribed to carry out this Section, the Director
14    shall  notify the recipient and shall request compliance.  If
15    within a reasonable period of time, not to  exceed  60  days,
16    the  recipient  fails  or refuses to comply, the Director may
17    (1)  refer  the  matter  to  the  Attorney  General  with   a
18    recommendation   that   an   appropriate   civil   action  be
19    instituted, or (2) take other action as may  be  provided  by
20    law.
21        (c)  (Blank).   Referral  to  Attorney  General.   When a
22    matter is  referred  to  the  Attorney  General  pursuant  to
23    paragraph  (1)  of  subsection  (b), or whenever the Attorney
24    General has reason to believe that a recipient is engaged  in
25    a  pattern  or  practice  in violation of subsection (a), the
26    Attorney General may bring a civil action in any  appropriate
27    court  of  the  State  of  Illinois  for  relief  as  may  be
28    appropriate, including injunctive relief.
29    (Source: P.A. 88-114.)

30        (20 ILCS 1510/55)
31        Sec.  55.  Evaluation.   Each  project District Executive
32    Council shall establish and maintain a an evaluation file for
33    each individual employed in a  project  assisted  under  this
 
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 1    Act.   These  files shall be available to the Department upon
 2    request.  The evaluation file shall be made available to  the
 3    participant  monthly  and shall not be available to any other
 4    person without the consent of the employee.  In carrying  out
 5    the  provisions  of  this  Section, each Council shall assure
 6    that the participant will  be  afforded  the  opportunity  to
 7    discuss any matter contained in, or omitted from, the file.
 8    (Source: P.A. 88-114.)

 9        (20 ILCS 1510/65)
10        Sec.  65.  Evaluation.   The  Department shall conduct an
11    evaluation of the success of the projects funded  under  this
12    Act.  Each project shall cooperate with the Department in the
13    collection   of   any   data   needed   for  the  evaluation.
14    Administration.
15        (a)  Accepting Property For  Use  Under  This  Act.   The
16    Director  is authorized, in carrying out this Act, to accept,
17    purchase, or lease in the name of the Department, and  employ
18    or  dispose of in furtherance of the purpose of this Act, any
19    money or property, real,  personal,  or  mixed,  tangible  or
20    intangible,  received by gift, devise, bequest, or otherwise,
21    and to accept voluntary and uncompensated services.
22        (b)  General Administrative Authority.  The Director  may
23    make  grants,  contracts, or agreements, establish procedures
24    and make payments, in installments, in advance or by  way  of
25    reimbursement,  or  otherwise  allocate or expend funds under
26    this Act as  necessary  to  carry  out  this  Act,  including
27    expenditures   for   construction,   repairs,   and   capital
28    improvements, and including necessary adjustments in payments
29    on account of overpayments or underpayments.
30        (c)  Waiver Authority.  The Director may waive:
31             (1)  the  testing  requirement  for individuals with
32        handicaps;
33             (2)  the education requirement in paragraph  (2)  of
 
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 1        subsection (b) of Section 30; and
 2             (3)  subject   to   a  2/3  vote  of  each  District
 3        Executive Council, the requirement relating to a  32-hour
 4        work  week under subsection (e) of Section 35 for unusual
 5        circumstances.
 6        (d)  Report.  The Director shall prepare  and  submit  to
 7    the  General  Assembly an annual report on the administration
 8    of this Act.  The Director shall include the following in the
 9    report:
10             (1)  a summary of the  achievements,  failures,  and
11        problems  of  the  programs  authorized  in  this  Act in
12        meeting the objective of this Act; and
13             (2)  recommendations, including recommendations  for
14        legislative  or  administrative  action,  as the Director
15        deems appropriate.
16        (e)  Audit.  The Auditor General of the State of Illinois
17    and any authorized representatives shall have access for  the
18    purpose  of  audit  and  examination to any books, documents,
19    papers, and records, of any recipient under this Act that are
20    pertinent to the amounts received and  disbursed  under  this
21    Act.
22        (f)  Adoption   of   rules.    The   Director  may  adopt
23    appropriate rules to carry out this Act.
24    (Source: P.A. 88-114.)

25        (20 ILCS 1510/20 rep.)
26        (20 ILCS 1510/60 rep.)
27        Section 10.  The Illinois Guaranteed Job Opportunity  Act
28    is amended by repealing Sections 20 and 60.

29        Section  99.  Effective date.  This Act takes effect July
30    1, 2003.