Full Text of SB0005 99th General Assembly
SB0005 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0005 Introduced 1/15/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 20 ILCS 105/4.01 | from Ch. 23, par. 6104.01 | 20 ILCS 605/605-807 | | 20 ILCS 630/2 | from Ch. 48, par. 2402 | 20 ILCS 630/3 | from Ch. 48, par. 2403 | 20 ILCS 630/5 | from Ch. 48, par. 2405 | 20 ILCS 1005/1005-155 | | 20 ILCS 1005/1005-170 new | | 20 ILCS 1005/1005-175 new | | 20 ILCS 1005/1005-180 new | | 20 ILCS 3975/7.2 | | 20 ILCS 4010/2008 new | | 305 ILCS 5/9A-3 | from Ch. 23, par. 9A-3 |
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Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that, beginning on the effective date of this amendatory Act, the Senior Community Service Employment Program, the federal Illinois Trade Adjustment Assistance Program, the federal Workforce Investment Act of 1998, the federal Workforce Investment Opportunity Act, the Everyone Works Initiative, and the Developmental Disability Placement Group are transferred to the Department of Employment Security. Amends the Illinois Act on Aging, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the Illinois Emergency Employment Development Act, the Illinois Workforce Investment Board Act, the Illinois Council on Developmental Disabilities Law, and the Illinois Public Aid Code to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.01 as follows:
| 6 | | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
| 7 | | Sec. 4.01. Additional powers and duties of the Department. | 8 | | In addition
to powers and duties otherwise provided by law, the | 9 | | Department shall have the
following powers and duties:
| 10 | | (1) To evaluate all programs, services, and facilities for | 11 | | the aged
and for minority senior citizens within the State and | 12 | | determine the extent
to which present public or private | 13 | | programs, services and facilities meet the
needs of the aged.
| 14 | | (2) To coordinate and evaluate all programs, services, and | 15 | | facilities
for the Aging and for minority senior citizens | 16 | | presently furnished by State
agencies and make appropriate | 17 | | recommendations regarding such services, programs
and | 18 | | facilities to the Governor and/or the General Assembly.
| 19 | | (2-a) To request, receive, and share information | 20 | | electronically through the use of data-sharing agreements for | 21 | | the purpose of (i) establishing and verifying the initial and | 22 | | continuing eligibility of older adults to participate in | 23 | | programs administered by the Department; (ii) maximizing |
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| 1 | | federal financial participation in State assistance | 2 | | expenditures; and (iii) investigating allegations of fraud or | 3 | | other abuse of publicly funded benefits. Notwithstanding any | 4 | | other law to the contrary, but only for the limited purposes | 5 | | identified in the preceding sentence, this paragraph (2-a) | 6 | | expressly authorizes the exchanges of income, identification, | 7 | | and other pertinent eligibility information by and among the | 8 | | Department and the Social Security Administration, the | 9 | | Department of Employment Security, the Department of | 10 | | Healthcare and Family Services, the Department of Human | 11 | | Services, the Department of Revenue, the Secretary of State, | 12 | | the U.S. Department of Veterans Affairs, and any other | 13 | | governmental entity. The confidentiality of information | 14 | | otherwise shall be maintained as required by law. In addition, | 15 | | the Department on Aging shall verify employment information at | 16 | | the request of a community care provider for the purpose of | 17 | | ensuring program integrity under the Community Care Program. | 18 | | (3) To function as the sole State agency to develop a | 19 | | comprehensive
plan to meet the needs of the State's senior | 20 | | citizens and the State's
minority senior citizens.
| 21 | | (4) To receive and disburse State and federal funds made | 22 | | available
directly to the Department including those funds made | 23 | | available under the
Older Americans Act and the Senior | 24 | | Community Service Employment Program for
providing services | 25 | | for senior citizens and minority senior citizens or for
| 26 | | purposes related thereto, and shall develop and administer any |
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| 1 | | State Plan
for the Aging required by federal law.
| 2 | | (5) To solicit, accept, hold, and administer in behalf of | 3 | | the State
any grants or legacies of money, securities, or | 4 | | property to the State of
Illinois for services to senior | 5 | | citizens and minority senior citizens or
purposes related | 6 | | thereto.
| 7 | | (6) To provide consultation and assistance to communities, | 8 | | area agencies
on aging, and groups developing local services | 9 | | for senior citizens and
minority senior citizens.
| 10 | | (7) To promote community education regarding the problems | 11 | | of senior
citizens and minority senior citizens through | 12 | | institutes, publications,
radio, television and the local | 13 | | press.
| 14 | | (8) To cooperate with agencies of the federal government in | 15 | | studies
and conferences designed to examine the needs of senior | 16 | | citizens and minority
senior citizens and to prepare programs | 17 | | and facilities to meet those needs.
| 18 | | (9) To establish and maintain information and referral | 19 | | sources
throughout the State when not provided by other | 20 | | agencies.
| 21 | | (10) To provide the staff support that may reasonably be | 22 | | required
by the Council.
| 23 | | (11) To make and enforce rules and regulations necessary | 24 | | and proper
to the performance of its duties.
| 25 | | (12) To establish and fund programs or projects or | 26 | | experimental facilities
that are specially designed as |
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| 1 | | alternatives to institutional care.
| 2 | | (13) To develop a training program to train the counselors | 3 | | presently
employed by the Department's aging network to provide | 4 | | Medicare
beneficiaries with counseling and advocacy in | 5 | | Medicare, private health
insurance, and related health care | 6 | | coverage plans. The Department shall
report to the General | 7 | | Assembly on the implementation of the training
program on or | 8 | | before December 1, 1986.
| 9 | | (14) To make a grant to an institution of higher learning | 10 | | to study the
feasibility of establishing and implementing an | 11 | | affirmative action
employment plan for the recruitment, | 12 | | hiring, training and retraining of
persons 60 or more years old | 13 | | for jobs for which their employment would not
be precluded by | 14 | | law.
| 15 | | (15) To present one award annually in each of the | 16 | | categories of community
service, education, the performance | 17 | | and graphic arts, and the labor force
to outstanding Illinois | 18 | | senior citizens and minority senior citizens in
recognition of | 19 | | their individual contributions to either community service,
| 20 | | education, the performance and graphic arts, or the labor | 21 | | force. The awards
shall be presented to 4 senior citizens and | 22 | | minority senior citizens
selected from a list of 44 nominees | 23 | | compiled annually by
the Department. Nominations shall be | 24 | | solicited from senior citizens'
service providers, area | 25 | | agencies on aging, senior citizens'
centers, and senior | 26 | | citizens' organizations. The Department shall establish a |
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| 1 | | central location within
the State to be designated as the | 2 | | Senior Illinoisans Hall of Fame for the
public display of all | 3 | | the annual awards, or replicas thereof.
| 4 | | (16) To establish multipurpose senior centers through area | 5 | | agencies on
aging and to fund those new and existing | 6 | | multipurpose senior centers
through area agencies on aging, the | 7 | | establishment and funding to begin in
such areas of the State | 8 | | as the Department shall designate by rule and as
specifically | 9 | | appropriated funds become available.
| 10 | | (17) To develop the content and format of the | 11 | | acknowledgment regarding
non-recourse reverse mortgage loans | 12 | | under Section 6.1 of the Illinois
Banking Act; to provide | 13 | | independent consumer information on reverse
mortgages and | 14 | | alternatives; and to refer consumers to independent
counseling | 15 | | services with expertise in reverse mortgages.
| 16 | | (18) To develop a pamphlet in English and Spanish which may | 17 | | be used by
physicians licensed to practice medicine in all of | 18 | | its branches pursuant
to the Medical Practice Act of 1987, | 19 | | pharmacists licensed pursuant to the
Pharmacy Practice Act, and | 20 | | Illinois residents 65 years of age or
older for the purpose of | 21 | | assisting physicians, pharmacists, and patients in
monitoring | 22 | | prescriptions provided by various physicians and to aid persons
| 23 | | 65 years of age or older in complying with directions for | 24 | | proper use of
pharmaceutical prescriptions. The pamphlet may | 25 | | provide space for recording
information including but not | 26 | | limited to the following:
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| 1 | | (a) name and telephone number of the patient;
| 2 | | (b) name and telephone number of the prescribing | 3 | | physician;
| 4 | | (c) date of prescription;
| 5 | | (d) name of drug prescribed;
| 6 | | (e) directions for patient compliance; and
| 7 | | (f) name and telephone number of dispensing pharmacy.
| 8 | | In developing the pamphlet, the Department shall consult | 9 | | with the
Illinois State Medical Society, the Center for | 10 | | Minority Health Services,
the Illinois Pharmacists Association | 11 | | and
senior citizens organizations. The Department shall | 12 | | distribute the
pamphlets to physicians, pharmacists and | 13 | | persons 65 years of age or older
or various senior citizen | 14 | | organizations throughout the State.
| 15 | | (19) To conduct a study of the feasibility of
implementing | 16 | | the Senior Companion Program throughout the State.
| 17 | | (20) The reimbursement rates paid through the community | 18 | | care program
for chore housekeeping services and home care | 19 | | aides
shall be the same.
| 20 | | (21) From funds appropriated to the Department from the | 21 | | Meals on Wheels
Fund, a special fund in the State treasury that | 22 | | is hereby created, and in
accordance with State and federal | 23 | | guidelines and the intrastate funding
formula, to make grants | 24 | | to area agencies on aging, designated by the
Department, for | 25 | | the sole purpose of delivering meals to homebound persons 60
| 26 | | years of age and older.
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| 1 | | (22) To distribute, through its area agencies on aging, | 2 | | information
alerting seniors on safety issues regarding | 3 | | emergency weather
conditions, including extreme heat and cold, | 4 | | flooding, tornadoes, electrical
storms, and other severe storm | 5 | | weather. The information shall include all
necessary | 6 | | instructions for safety and all emergency telephone numbers of
| 7 | | organizations that will provide additional information and | 8 | | assistance.
| 9 | | (23) To develop guidelines for the organization and | 10 | | implementation of
Volunteer Services Credit Programs to be | 11 | | administered by Area Agencies on
Aging or community based | 12 | | senior service organizations. The Department shall
hold public | 13 | | hearings on the proposed guidelines for public comment, | 14 | | suggestion,
and determination of public interest. The | 15 | | guidelines shall be based on the
findings of other states and | 16 | | of community organizations in Illinois that are
currently | 17 | | operating volunteer services credit programs or demonstration
| 18 | | volunteer services credit programs. The Department shall offer | 19 | | guidelines for
all aspects of the programs including, but not | 20 | | limited to, the following:
| 21 | | (a) types of services to be offered by volunteers;
| 22 | | (b) types of services to be received upon the | 23 | | redemption of service
credits;
| 24 | | (c) issues of liability for the volunteers and the | 25 | | administering
organizations;
| 26 | | (d) methods of tracking service credits earned and |
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| 1 | | service credits
redeemed;
| 2 | | (e) issues of time limits for redemption of service | 3 | | credits;
| 4 | | (f) methods of recruitment of volunteers;
| 5 | | (g) utilization of community volunteers, community | 6 | | service groups, and
other resources for delivering | 7 | | services to be received by service credit
program clients;
| 8 | | (h) accountability and assurance that services will be | 9 | | available to
individuals who have earned service credits; | 10 | | and
| 11 | | (i) volunteer screening and qualifications.
| 12 | | The Department shall submit a written copy of the guidelines to | 13 | | the General
Assembly by July 1, 1998.
| 14 | | (24) To function as the sole State agency to receive and | 15 | | disburse State and federal funds for providing adult protective | 16 | | services in a domestic living situation in accordance with the | 17 | | Adult Protective Services Act. | 18 | | (25) To hold conferences, trainings, and other programs for | 19 | | which the Department shall determine by rule a reasonable fee | 20 | | to cover related administrative costs. Rules to implement the | 21 | | fee authority granted by this paragraph (25) must be adopted in | 22 | | accordance with all provisions of the Illinois Administrative | 23 | | Procedure Act and all rules and procedures of the Joint | 24 | | Committee on Administrative Rules; any purported rule not so | 25 | | adopted, for whatever reason, is unauthorized. | 26 | | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, |
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| 1 | | eff. 8-16-13; 98-756, eff. 7-16-14.)
| 2 | | Section 10. The Department of Commerce and Economic | 3 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 4 | | amended by changing Section 605-807 as follows:
| 5 | | (20 ILCS 605/605-807)
| 6 | | Sec. 605-807. Federal Workforce Training Fund.
| 7 | | (a) The Federal Workforce Training Fund is created as a | 8 | | special fund in the
State
treasury. The Department of | 9 | | Employment Security may accept gifts, grants, awards, matching
| 10 | | contributions,
interest income, appropriations, and cost | 11 | | sharings from individuals,
businesses,
governments, and other | 12 | | third party sources, on terms that the Director of the | 13 | | Department of Employment Security deems
advisable.
Moneys | 14 | | received under this Section may be expended for purposes | 15 | | consistent with
the
conditions under which those moneys are | 16 | | received, subject to appropriations
made by the
General | 17 | | Assembly for those purposes.
| 18 | | (b) Beginning on the effective date of this amendatory Act | 19 | | of the 93rd
General
Assembly, all moneys received by the State | 20 | | pursuant to the federal Workforce
Investment
Act or Section | 21 | | 403(a)(5) of the federal Social Security Act shall be deposited | 22 | | into the
Federal Workforce Training Fund, to be used for | 23 | | purposes consistent with the conditions
under which those | 24 | | moneys are received by the State, except that any moneys |
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| 1 | | received
pursuant to the federal Workforce Investment Act and | 2 | | necessary to pay
liabilities
incurred in connection with that | 3 | | Act and outstanding as of June 30, 2003, or
any moneys
received | 4 | | pursuant to Section 403(a)(5) of the federal Social Security | 5 | | Act and
necessary to
pay liabilities incurred in connection | 6 | | with that Act and outstanding as of June
30, 2003,
shall be | 7 | | deposited into the Title III Social Security and Employment | 8 | | Fund.
| 9 | | On September 1, 2003, or as soon thereafter as may be | 10 | | reasonably practical,
the
State Comptroller shall transfer all | 11 | | unobligated moneys received by the State
pursuant to
the | 12 | | federal Workforce Investment Act or Section 403(a)(5) of the | 13 | | federal Social
Security
Act from the Title III Social Security | 14 | | and Employment Fund to the Federal
Workforce
Training Fund. The | 15 | | moneys transferred pursuant to this Amendatory Act of the
93rd
| 16 | | General Assembly may be used or expended for purposes | 17 | | consistent with the
conditions
under which those moneys were | 18 | | received by the State.
| 19 | | (c) Beginning on the effective date of this amendatory Act | 20 | | of the 93rd
General
Assembly, all moneys received by the State | 21 | | pursuant to the federal Illinois
Trade
Adjustment Assistance | 22 | | Program shall be deposited into the Federal Workforce
Training
| 23 | | Fund, to be used for purposes consistent with the conditions | 24 | | under which those
moneys
are received by the State, except that | 25 | | any moneys received pursuant to the
federal Illinois
Trade | 26 | | Adjustment Assistance Program and necessary to pay liabilities |
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| 1 | | incurred
in
connection with that program and outstanding as of | 2 | | June 30, 2003, shall be
deposited into
the Title III Social | 3 | | Security and Employment Fund.
| 4 | | On July 1, 2003 or as soon thereafter as may be reasonably | 5 | | practical, the
State
Comptroller shall make one or more | 6 | | transfers of all moneys received by the
State
pursuant to the | 7 | | federal Illinois Trade Adjustment Assistance Program in excess
| 8 | | of those
necessary to pay liabilities in connection with that | 9 | | program and outstanding as
of June
30, 2003 from the Title III | 10 | | Social Security and Employment Fund to the Federal
Workforce | 11 | | Training Fund. The moneys transferred pursuant to this | 12 | | amendatory Act
of
the 93rd General Assembly may be used or | 13 | | expended for purposes consistent with
the
conditions under | 14 | | which those moneys were received by the State. | 15 | | (d) Beginning on the effective date of this amendatory Act | 16 | | of the 99th General Assembly, the provisions of this Section | 17 | | shall be administered by the Department of Employment Security.
| 18 | | (Source: P.A. 93-25, eff. 6-20-03.)
| 19 | | Section 15. The Illinois Emergency Employment Development | 20 | | Act is amended by changing Sections 2, 3, and 5 as follows:
| 21 | | (20 ILCS 630/2) (from Ch. 48, par. 2402)
| 22 | | Sec. 2. For the purposes of this Act, the following words | 23 | | have the
meanings ascribed to them in this Section.
| 24 | | (a) "Advisory Committee" means the 21st Century Workforce |
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| 1 | | Development Fund Advisory Committee, established under the | 2 | | 21st Century Workforce Development Fund Act. | 3 | | (b) "Coordinator" means the Illinois Emergency Employment
| 4 | | Development Coordinator appointed under Section 3.
| 5 | | (c) "Department" means the Illinois Department of | 6 | | Employment Security Commerce and Economic Opportunity . | 7 | | (d) "Director" means the Director of Employment Security | 8 | | Commerce and Economic Opportunity . | 9 | | (e) "Eligible business" means a for-profit business.
| 10 | | (f) "Eligible employer" means an eligible nonprofit | 11 | | agency, or
an eligible business.
| 12 | | (g) "Eligible job applicant" means a person who (1) has | 13 | | been a resident
of this State for at least one year; and (2) is | 14 | | unemployed;
and (3) is not
receiving and is not qualified to | 15 | | receive unemployment compensation or
workers' compensation; | 16 | | and (4) is determined by the employment
administrator to be | 17 | | likely to be available for employment by an eligible
employer | 18 | | for the duration of the job.
| 19 | | (h) "Eligible nonprofit agency" means an organization | 20 | | exempt from
taxation under the Internal Revenue Code of 1954, | 21 | | Section 501(c)(3).
| 22 | | (i) "Employment administrator" means the administrative | 23 | | entity designated by the Coordinator, and approved by the | 24 | | Advisory Committee, to administer the provisions of this Act in | 25 | | each service delivery area. With approval of the Advisory | 26 | | Committee, the Coordinator may designate an administrative |
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| 1 | | entity authorized under the Workforce Investment Act or | 2 | | private, public, or non-profit entities that have proven | 3 | | effectiveness in providing training, workforce development, | 4 | | and job placement services to low-income individuals.
| 5 | | (j) "Fringe benefits" means all non-salary costs for each | 6 | | person employed under the program, including, but not limited | 7 | | to, workers compensation, unemployment insurance, and health | 8 | | benefits, as would be provided to non-subsidized employees | 9 | | performing similar work. | 10 | | (k) "Household" means a group of persons living at the same | 11 | | residence
consisting of, at a maximum, spouses and the minor | 12 | | children of each.
| 13 | | (l) "Program" means the Illinois Emergency Employment | 14 | | Development
Program created by this Act consisting of new job | 15 | | creation in the private sector.
| 16 | | (m) "Service delivery area" means an area designated as a | 17 | | Local Workforce Investment Area by the State. | 18 | | (n) "Workforce Investment Act" means the federal Workforce | 19 | | Investment Act of 1998, any amendments to that Act, and any | 20 | | other applicable federal statutes. | 21 | | (Source: P.A. 97-581, eff. 8-26-11.)
| 22 | | (20 ILCS 630/3) (from Ch. 48, par. 2403)
| 23 | | Sec. 3. Illinois Emergency Employment
Development | 24 | | Coordinator. | 25 | | (a) The governor shall appoint an Illinois Emergency |
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| 1 | | Employment
Development Coordinator to administer the | 2 | | provisions of this Act. The
coordinator shall be within the | 3 | | Department of Employment Security Commerce and Economic | 4 | | Opportunity , but shall be responsible directly to the governor. | 5 | | The coordinator
shall have the powers necessary to carry out | 6 | | the purpose of the program.
| 7 | | (b) The coordinator shall:
| 8 | | (1) recommend one or more Employment Administrators | 9 | | for each service delivery area for approval by the Advisory | 10 | | Committee, with recommendations based on the demonstrated | 11 | | ability of the Employment Administrator to identify and | 12 | | address local needs;
| 13 | | (2) enter into a contract with one or more Employment | 14 | | Administrators in each service delivery area;
| 15 | | (3) assist the Employment Administrator in developing | 16 | | a satisfactory plan if an Employment Administrator submits | 17 | | one that does not conform to program requirements;
| 18 | | (4) convene and provide staff support to the Advisory | 19 | | Committee; | 20 | | (5) coordinate the program with other State agencies | 21 | | and services including public benefits and workforce | 22 | | programs for unemployed individuals; and
| 23 | | (6) perform general program marketing and monitoring | 24 | | functions. | 25 | | (c) The coordinator shall administer the program within the | 26 | | Department
of Employment Security Commerce and Economic |
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| 1 | | Opportunity . The Director of Employment Security Commerce and | 2 | | Economic Opportunity shall provide administrative support | 3 | | services to the coordinator
for the purposes of the program.
| 4 | | (d) The coordinator shall report to the Governor, the | 5 | | Advisory Committee, and the General Assembly on a
quarterly | 6 | | basis concerning (1) the number of persons employed under the
| 7 | | program; (2) the number and type
of employers under the | 8 | | program; (3) the amount of money spent in each
service delivery | 9 | | area for wages for each type of employment
and each type of | 10 | | other
expenses; (4) the number of persons who have completed | 11 | | participation in the
program and their current employment, | 12 | | educational or training status;
(5) any information requested | 13 | | by the General Assembly, the Advisory Committee, or governor or | 14 | | deemed
pertinent by the coordinator; and (6) any identified | 15 | | violations of this Act and actions taken. Each report shall | 16 | | include cumulative
information, as well as information for each | 17 | | quarter.
| 18 | | (e) Rules. The Director of Employment Security Commerce and | 19 | | Economic Opportunity , with the
advice of the coordinator and | 20 | | the Advisory Committee, shall adopt rules for the | 21 | | administration and
enforcement of this Act.
| 22 | | (Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
| 23 | | (20 ILCS 630/5) (from Ch. 48, par. 2405)
| 24 | | Sec. 5. (a) Allocation of funds among eligible job | 25 | | applicants within a
service delivery area shall be determined
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| 1 | | by the Private Industry Council
for each such service delivery | 2 | | area. The Private Industry
Council shall give priority to
| 3 | | (1) applicants living in households with no other | 4 | | income source; and
| 5 | | (2) applicants who would otherwise be eligible to | 6 | | receive general assistance.
| 7 | | (b) Allocation of funds among eligible employers within | 8 | | each service
delivery area shall be determined by the Private | 9 | | Industry
Council
for each such area according to the priorities | 10 | | which the Director of
Employment Security Commerce and Economic | 11 | | Opportunity , upon recommendation of the coordinator,
shall by | 12 | | rule establish. The Private Industry Council shall give | 13 | | priority
to funding private sector jobs to the extent that | 14 | | businesses apply for funds.
| 15 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 16 | | Section 20. The Department of Employment Security Law of | 17 | | the
Civil Administrative Code of Illinois is amended by | 18 | | changing Section 1005-155 and by adding Sections 1005-170, | 19 | | 1005-175, and 1005-180 as follows: | 20 | | (20 ILCS 1005/1005-155)
| 21 | | Sec. 1005-155. Illinois Employment and Training Centers | 22 | | report. The
Department
of Employment Security, or the State | 23 | | agency responsible for the oversight of
the
federal Workforce | 24 | | Investment Act of 1998 if that agency is not the Department
of
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| 1 | | Employment Security, shall prepare a report for the Governor | 2 | | and the
General Assembly regarding the progress of the Illinois | 3 | | Employment and
Training Centers in serving individuals with | 4 | | disabilities. The report must
include,
but is not limited to, | 5 | | the following: (i) the number of individuals referred to
the
| 6 | | Illinois Employment and Training Centers by the Department of | 7 | | Human Services
Office of Rehabilitation Services; (ii) the | 8 | | total number of disabled
individuals
served by the Illinois | 9 | | Employment and Training Centers; (iii) the number of
disabled | 10 | | individuals served in federal Workforce Investment Act of 1998
| 11 | | employment and training
programs; (iv) the number of | 12 | | individuals with disabilities annually placed in
jobs
by the | 13 | | Illinois Employment and Training Centers; and (v) the number of
| 14 | | individuals with disabilities referred by the Illinois | 15 | | Employment and Training
Centers to the Department of Human | 16 | | Services Office of Rehabilitation Services.
The report is due
| 17 | | by December 31, 2004 based on the previous State program year
| 18 | | of July 1
through June 30,
and is due annually thereafter. | 19 | | "Individuals with disabilities" are defined as
those who
| 20 | | self-report as being qualified as disabled under the 1973 | 21 | | Rehabilitation Act or
the
1990 Americans
with Disabilities Act, | 22 | | for the purposes of this Law.
| 23 | | Beginning on the effective date of this amendatory Act of | 24 | | the 99th General Assembly, the Department of Employment | 25 | | Security shall be the State agency responsible for the | 26 | | oversight of the federal Workforce Investment Act of 1998, and |
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| 1 | | its successor the federal Workforce Investment Opportunity | 2 | | Act.
| 3 | | (Source: P.A. 93-639, eff. 6-1-04 .) | 4 | | (20 ILCS 1005/1005-170 new) | 5 | | Sec. 1005-170. Transfer of programs; Department of | 6 | | Commerce and Economic Opportunity. | 7 | | (a) Beginning on the effective date of this amendatory Act | 8 | | of the 99th General Assembly, all rights and responsibilities | 9 | | under the following programs and Acts are transferred to and | 10 | | administered by the Department of Employment Security: the | 11 | | Senior Community Service Employment Program; the federal | 12 | | Illinois Trade Adjustment Assistance Program; and the federal | 13 | | Workforce Investment Act of 1998, together with its successor, | 14 | | the federal Workforce Investment Opportunity Act. | 15 | | (b) The personnel of the Department of Commerce and | 16 | | Economic Opportunity administering the programs listed in | 17 | | subsection (a) of this Section shall be transferred to the | 18 | | Department of Employment Security at the discretion of the | 19 | | Director of Employment Security. The status and rights of such | 20 | | employees under the Personnel Code shall not be affected by the | 21 | | transfer. The rights of the employees and the State of Illinois | 22 | | and its agencies under the Personnel Code and applicable | 23 | | collective bargaining agreements or under any pension, | 24 | | retirement, or annuity plan shall not be affected by this | 25 | | amendatory Act. To the extent that an employee performs duties |
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| 1 | | for the programs listed in subsection (a) of this Section | 2 | | within the Department of Commerce and Economic Opportunity or | 3 | | any other State agency, that employee shall be transferred at | 4 | | the discretion of the Director of Employment Security. | 5 | | (c) All books, records, papers, documents, property (real | 6 | | and personal), contracts, causes of action, and pending | 7 | | business pertaining to the powers, duties, rights, and | 8 | | responsibilities transferred by this amendatory Act from the | 9 | | Department of Commerce and Economic Opportunity or any other | 10 | | State agency, including, but not limited to, material in | 11 | | electronic or magnetic format and necessary computer hardware | 12 | | and software, shall be transferred to the Department of | 13 | | Employment Security. | 14 | | (d) All unexpended appropriations and balances and other | 15 | | funds available for use by the Department of Commerce and | 16 | | Economic Opportunity or any other State agency for the programs | 17 | | listed in subsection (a) of this Section shall be transferred | 18 | | for use by the Department of Employment Security at the | 19 | | direction of the Governor. Unexpended balances so transferred | 20 | | shall be expended only for the purpose for which the | 21 | | appropriations were originally made. | 22 | | (e) The powers, duties, rights, and responsibilities | 23 | | transferred from the Department of Commerce and Economic | 24 | | Opportunity or any other State agency by this amendatory Act | 25 | | shall be vested in and shall be exercised by the Department of | 26 | | Employment Security. |
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| 1 | | (f) Whenever reports or notices are now required to be made | 2 | | or given or papers or documents furnished or served by any | 3 | | person to or upon the Department of Commerce and Economic | 4 | | Opportunity or any other State agency in connection with any of | 5 | | the powers, duties, rights, and responsibilities transferred | 6 | | by this amendatory Act, the same shall be made, given, | 7 | | furnished, or served in the same manner to or upon the | 8 | | Department of Employment Security. | 9 | | (g) This amendatory Act does not affect any act done, | 10 | | ratified, or canceled or any right occurring or established or | 11 | | any action or proceeding had or commenced in an administrative, | 12 | | civil, or criminal cause by the Department of Commerce and | 13 | | Economic Opportunity or any other State agency before this | 14 | | amendatory Act takes effect; such actions or proceedings may be | 15 | | prosecuted and continued by the Department of Employment | 16 | | Security. | 17 | | (h) Any rules of the Department of Commerce and Economic | 18 | | Opportunity or any other State agency that relate to the | 19 | | powers, duties, rights, and responsibilities transferred by | 20 | | this amendatory Act and that are in full force on the effective | 21 | | date of this amendatory Act shall become the rules of the | 22 | | Department of Employment Security. This amendatory Act does not | 23 | | affect the legality of any such rules in the Illinois | 24 | | Administrative Code. | 25 | | Any proposed rules filed with the Secretary of State by the | 26 | | Department of Commerce and Economic Opportunity or any other |
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| 1 | | State agency that are pending in the rulemaking process on the | 2 | | effective date of this amendatory Act and pertain to the | 3 | | powers, duties, rights, and responsibilities transferred, | 4 | | shall be deemed to have been filed by the Department of | 5 | | Employment Security. As soon as practicable hereafter, the | 6 | | Department of Employment Security shall revise and clarify the | 7 | | rules transferred to it under this amendatory Act to reflect | 8 | | the reorganization of powers, duties, rights, and | 9 | | responsibilities affected by this amendatory Act, using the | 10 | | procedures for recodification of rules available under the | 11 | | Illinois Administrative Procedure Act, except that existing | 12 | | title, part, and section numbering for the affected rules may | 13 | | be retained. The Department of Employment Security may propose | 14 | | and adopt under the Illinois Administrative Procedure Act such | 15 | | other rules of the Department of Commerce and Economic | 16 | | Opportunity or any other State agency that will now be | 17 | | administered by the Department of Employment Security. | 18 | | (i) Beginning on the effective date of this amendatory Act | 19 | | of the 99th General Assembly, all references to the Department | 20 | | of Commerce and Economic Opportunity regarding the programs and | 21 | | Acta listed in subsection (a) of this Section shall be | 22 | | construed as references to the Department of Employment | 23 | | Security. | 24 | | (20 ILCS 1005/1005-175 new) | 25 | | Sec. 1005-175. Transfer of programs; Council on |
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| 1 | | Developmental Disabilities. | 2 | | (a) Beginning on the effective date of this amendatory Act | 3 | | of the 99th General Assembly, the Everyone Works Initiative and | 4 | | Developmental Disability Placement Group of the Council on | 5 | | Developmental Disabilities are transferred to and administered | 6 | | by the Department of Employment Security. | 7 | | (b) The personnel of the Council on Developmental | 8 | | Disabilities administering the programs listed in subsection | 9 | | (a) of this Section shall be transferred to the Department of | 10 | | Employment Security at the discretion of the Director of | 11 | | Employment Security. The status and rights of such employees | 12 | | under the Personnel Code shall not be affected by the transfer. | 13 | | The rights of the employees and the State of Illinois and its | 14 | | agencies under the Personnel Code and applicable collective | 15 | | bargaining agreements or under any pension, retirement, or | 16 | | annuity plan shall not be affected by this amendatory Act. To | 17 | | the extent that an employee performs duties for the programs | 18 | | listed in subsection (a) of this Section within the Council on | 19 | | Developmental Disabilities, that employee shall be transferred | 20 | | at the discretion of the Director of Employment Security. | 21 | | (c) All books, records, papers, documents, property (real | 22 | | and personal), contracts, causes of action, and pending | 23 | | business pertaining to the powers, duties, rights, and | 24 | | responsibilities transferred by this amendatory Act from the | 25 | | Council on Developmental Disabilities, including, but not |
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| 1 | | limited to, material in electronic or magnetic format and | 2 | | necessary computer hardware and software, shall be transferred | 3 | | to the Department of Employment Security. | 4 | | (d) All unexpended appropriations and balances and other | 5 | | funds available for use by the Council on Developmental | 6 | | Disabilities for the programs listed in subsection (a) of this | 7 | | Section shall be transferred for use by the Department of | 8 | | Employment Security at the direction of the Governor. | 9 | | Unexpended balances so transferred shall be expended only for | 10 | | the purpose for which the appropriations were originally made. | 11 | | (e) The powers, duties, rights, and responsibilities | 12 | | transferred from the Council on Developmental Disabilities by | 13 | | this amendatory Act shall be vested in and shall be exercised | 14 | | by the Department of Employment Security. | 15 | | (f) Whenever reports or notices are now required to be made | 16 | | or given or papers or documents furnished or served by any | 17 | | person to or upon the Council on Developmental Disabilities in | 18 | | connection with any of the powers, duties, rights, and | 19 | | responsibilities transferred by this amendatory Act, the same | 20 | | shall be made, given, furnished, or served in the same manner | 21 | | to or upon the Department of Employment Security. | 22 | | (g) This amendatory Act does not affect any act done, | 23 | | ratified, or canceled or any right occurring or established or | 24 | | any action or proceeding had or commenced in an administrative, | 25 | | civil, or criminal cause by the Council on Developmental | 26 | | Disabilities before this amendatory Act takes effect; such |
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| 1 | | actions or proceedings may be prosecuted and continued by the | 2 | | Department of Employment Security. | 3 | | (h) Any rules of the Council on Developmental Disabilities | 4 | | that relate to the powers, duties, rights, and responsibilities | 5 | | transferred by this amendatory Act and that are in full force | 6 | | on the effective date of this amendatory Act shall become the | 7 | | rules of the Department of Employment Security. This amendatory | 8 | | Act does not affect the legality of any such rules in the | 9 | | Illinois Administrative Code. | 10 | | Any proposed rules filed with the Secretary of State by the | 11 | | Council on Developmental Disabilities that are pending in the | 12 | | rulemaking process on the effective date of this amendatory Act | 13 | | and pertain to the powers, duties, rights, and responsibilities | 14 | | transferred, shall be deemed to have been filed by the | 15 | | Department of Employment Security. As soon as practicable | 16 | | hereafter, the Department of Employment Security shall revise | 17 | | and clarify the rules transferred to it under this amendatory | 18 | | Act to reflect the reorganization of powers, duties, rights, | 19 | | and responsibilities affected by this amendatory Act, using the | 20 | | procedures for recodification of rules available under the | 21 | | Illinois Administrative Procedure Act, except that existing | 22 | | title, part, and section numbering for the affected rules may | 23 | | be retained. The Department of Employment Security may propose | 24 | | and adopt under the Illinois Administrative Procedure Act such | 25 | | other rules of the Council on Developmental Disabilities that | 26 | | will now be administered by the Department of Employment |
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| 1 | | Security. | 2 | | (20 ILCS 1005/1005-180 new) | 3 | | Sec. 1005-180. Senior Community Service Employment | 4 | | Program. The Department shall receive and disburse State and | 5 | | federal funds made available
under the
Senior Community Service | 6 | | Employment Program for
providing services for senior citizens. | 7 | | Section 25. The Illinois Workforce Investment Board Act is | 8 | | amended by changing Section 7.2 as follows: | 9 | | (20 ILCS 3975/7.2) | 10 | | Sec. 7.2. Posting requirements; Department of Employment | 11 | | Security's Commerce and Economic Opportunity's website. On and | 12 | | after the effective date of this amendatory Act of the 97th | 13 | | General Assembly, the Illinois Workforce Investment Board must | 14 | | annually submit to the Employment Security Department of | 15 | | Commerce and Economic Opportunity the following information to | 16 | | be posted on the Department's official Internet website: | 17 | | (1) All agendas and meeting minutes for meetings of the | 18 | | Illinois Workforce Investment Board. | 19 | | (2) All line-item budgets for the local workforce | 20 | | investment areas located within the State. | 21 | | (3) A listing of all contracts and contract values for | 22 | | all workforce development training and service providers. | 23 | | The information required under this Section must be posted |
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| 1 | | on the Department of Employment Security's Commerce and | 2 | | Economic Opportunity's Internet website no later than 30 days | 3 | | after the Department receives the information from the Illinois | 4 | | Workforce Investment Board.
| 5 | | (Source: P.A. 97-356, eff. 1-1-12.) | 6 | | Section 30. The Illinois Council on Developmental | 7 | | Disabilities Law is amended by adding Section 2008 as follows: | 8 | | (20 ILCS 4010/2008 new) | 9 | | Sec. 2008. Transfer of programs. Beginning on the effective | 10 | | date of this amendatory Act of the 99th General Assembly, the | 11 | | Council's Everyone Works Initiative and Developmental | 12 | | Disability Placement Group shall be transferred to and | 13 | | administered by the Department of Employment Security under | 14 | | Section 1005-175 of the Department of Employment Security Law | 15 | | of the
Civil Administrative Code of Illinois. | 16 | | Section 35. The Illinois Public Aid Code is amended by | 17 | | changing Section 9A-3 as follows:
| 18 | | (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
| 19 | | Sec. 9A-3. Establishment of Program and Level of Services.
| 20 | | (a) The Illinois Department shall establish and maintain a | 21 | | program to
provide recipients with services consistent with the | 22 | | purposes and
provisions of this Article. The program offered in |
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| 1 | | different counties of
the State may vary depending on the | 2 | | resources available to the State to
provide a program under | 3 | | this Article, and no program may be offered in some
counties, | 4 | | depending on the resources available. Services may be provided
| 5 | | directly by the Illinois Department or through contract. | 6 | | References to the
Illinois Department or staff of the
Illinois | 7 | | Department shall include contractors when the Illinois | 8 | | Department
has entered into contracts for these purposes. The | 9 | | Illinois Department
shall provide each
recipient who | 10 | | participates with such services available under the program
as | 11 | | are necessary to achieve his employability plan as specified in | 12 | | the
plan.
| 13 | | (b) The Illinois Department, in operating the program, | 14 | | shall cooperate
with public and private education and | 15 | | vocational training or retraining
agencies or facilities, the | 16 | | Illinois State Board of Education, the Illinois
Community | 17 | | College Board, the Department Departments of Employment
| 18 | | Security and Commerce and Economic Opportunity or other | 19 | | sponsoring
organizations funded under the federal Workforce | 20 | | Investment Act
and other public or licensed private employment | 21 | | agencies.
| 22 | | (Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
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