093_HB0696sam002

 










                                     LRB093 05486 MKM 16034 a

 1                     AMENDMENT TO HOUSE BILL 696

 2        AMENDMENT NO.     .  Amend House Bill  696  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 05486 MKM 16034 a
 1        accomplishment, and
 2             (4)  would not otherwise be conducted with  existing
 3        funds.
 4        (c)  "Director"   means  the  Director  of  Commerce  and
 5    Community Affairs Director of Labor.
 6    (Source: P.A. 88-114.)

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

24        (20 ILCS 1510/25)
25        Sec. 25.  Program eligibility.
26        (a)  General  Rule.   An  individual   is   eligible   to
27    participate  in  the  job projects assisted under this Act if
28    the individual:
29             (1)  is at least 16 years of age;
30             (2)  has resided in the eligible area for  at  least
31        30 days;
32             (3)  has  been  unemployed  for 35 days prior to the
 
                            -3-      LRB093 05486 MKM 16034 a
 1        determination of employment  for  job  projects  assisted
 2        under this Act; and
 3             (4)  is  a  citizen  of  the  United  States,  is  a
 4        national  of  the  United  States, is a lawfully admitted
 5        permanent resident alien, is a lawfully admitted  refugee
 6        or  parolee,  or  is  otherwise  authorized by the United
 7        States Attorney General to work in the United States; and
 8             (5)  is a recipient of assistance under  Article  IV
 9        of the Illinois Public Aid Code.
10        (b)  Limitations.
11             (1)  (Blank).   Not  more  than  2  individuals  who
12        reside  in  any  household  may  be  eligible  for  a job
13        assisted under this Act.
14             (2)  (Blank).  No individual whose earned income for
15        the year preceding the year in which the determination of
16        employment under this Act is made is  equal  to  or  more
17        than  $17,000, or who has a combined family income in the
18        year in which the determination of employment under  this
19        Act  is  made  which  is  equal to or more than $17,000 a
20        year, may be eligible for a job assisted under this Act.
21             (3)  No  individual   participating   in   the   job
22        opportunity  project  assisted under this Act may work in
23        any compensated job other than  the  job  assisted  under
24        this Act for more than 20 16 hours per week.
25             (4)  Individuals  Each  individual  participating in
26        the  job  project   assisted   under   this   Act   shall
27        demonstrate,  to  the  project manager of the job project
28        assisted under this Act shall, that the individual sought
29        employment in the private sector during the 35 days prior
30        to making application for employment under this  Act  and
31        will  continue  to  seek  employment during the period of
32        employment assisted under this Act.
33             (5)  Any individual eligible for retirement benefits
34        under the  Social  Security  Act,  under  any  retirement
 
                            -4-      LRB093 05486 MKM 16034 a
 1        system   for  Federal  Government  employees,  under  the
 2        railroad retirement system, under the military retirement
 3        system, under a State or local government pension plan or
 4        retirement system, or any private pension program is  not
 5        eligible  to  receive  a job under a job project assisted
 6        under this Act.
 7    (Source: P.A. 88-114.)

 8        (20 ILCS 1510/30)
 9        Sec.  30.  Testing  and   Education   requirements.   Any
10    individual   who  has  not  completed  high  school  and  who
11    participates in a job project under this Act may  enroll,  if
12    appropriate,  in  and  maintain  satisfactory  progress  in a
13    secondary school or an adult basic education or GED  program.
14    Any  individual  with  limited  English  speaking ability may
15    participate, if  appropriate,  in  an  English  as  a  Second
16    Language program.
17        (a)  Testing.  Each participant shall be tested for basic
18    reading  and  writing  competence  by  the District Executive
19    Council prior to employment by a job project  assisted  under
20    this Act.
21        (b)  Education Requirement.
22             (1)   Each   participant   who   fails  to  complete
23        satisfactorily the  basic  competency  test  required  by
24        subsection   (a)  of  this  Section  shall  be  furnished
25        counseling and instruction.
26        (2)  Each participant in a  job  project  assisted  under
27        this Act shall, in order to continue employment, maintain
28        satisfactory  progress  toward  and  receive  a secondary
29        school diploma or its equivalent.
30        (3)  Each  participant  with  limited  English   speaking
31        ability  may  be  furnished  instruction  as the District
32        Executive Council deems appropriate.
33    (Source: P.A. 88-114.)
 
                            -5-      LRB093 05486 MKM 16034 a
 1        (20 ILCS 1510/35)
 2        Sec. 35.  Local Job Projects.
 3        (a)  General  authority.   The  Department   may   accept
 4    applications and issue grants for operation of projects under
 5    this  Act.   Each District Executive Council shall select job
 6    projects to be assisted under this  Act.   Each  job  project
 7    selected  for assistance shall provide employment to eligible
 8    participants.
 9        (b)  Project Objection. Subject to appropriation, no more
10    than 3 small projects may be selected to pilot  a  subsidized
11    employment  to Temporary Assistance for Needy Families (TANF)
12    program for participants for a period  of  not  more  than  6
13    months. The selected projects shall demonstrate their ability
14    to   move  clients  from  participation  in  the  project  to
15    unsubsidized  employment.  The  Department  may  refer   TANF
16    participants   to   other   subsidized   employment  programs
17    available through the  Workforce  Investment  Act  (WIA)  One
18    Stops  or  through other community-based programs. No project
19    may be selected under this Section if  an  objection  to  the
20    project   is  filed  by  2  representatives  appointed  under
21    subparagraph (A)  of  paragraph  (3)  of  subsection  (a)  of
22    Section   20   or   by   2  representatives  appointed  under
23    subparagraph (B)  of  paragraph  (3)  of  subsection  (a)  of
24    Section 20.
25        (c)  Political  affiliation  prohibited.   No  manager or
26    other officer or employee of a District Executive Council  or
27    of  the  job  project  assisted  under  this  Act may apply a
28    political   affiliation   test    in    selecting    eligible
29    participation for employment in the project.
30        (d)  Limitations.
31             (1)  Not  more than 10% of the total expenses in any
32        fiscal  year  of  the  job  project  may  be   used   for
33        transportation and equipment.
34             (2)  (Blank).   Not more than 10% of the individuals
 
                            -6-      LRB093 05486 MKM 16034 a
 1        employed in any job project assisted under this  Act  may
 2        be employed to supervise a project.  Individuals selected
 3        as  supervisors  may  be  selected  without regard to the
 4        provisions of Section 25 and may receive wages in  excess
 5        of  the rate determined under Section 40.  The limitation
 6        on the ratio of supervisors to employees shall not  apply
 7        where  more  supervision  of  eligible  participants will
 8        contribute to carrying out the objectives of this Act.
 9        (e)  Minimum  Maximum  hours  per  week   employed.    No
10    eligible participant employed in a job project assisted under
11    this Act may be employed on the project for less more than 30
12    32 hours per week.
13        (f)  (Blank).   Project  Progress  Reports.  Each project
14    manager shall prepare and submit to  the  District  Executive
15    Council  monthly progress reports on the job project assisted
16    under this Act.
17    (Source: P.A. 88-114.)

18        (20 ILCS 1510/40)
19        Sec. 40.  Benefits; supportive services; job clubs.
20        (a)  Wages.  Each eligible participant who is employed in
21    job projects assisted under  this  Act  shall  receive  wages
22    equal  to  the  higher  of (1) the minimum wage under Section
23    6(a)(1) of the Fair Labor Standards Act of 1938 or,  (2)  the
24    minimum  wage  under  the applicable minimum wage law, or (3)
25    the amount which the eligible participant received in welfare
26    benefits pursuant to the State plan approved under Part A  of
27    Title  IV  of  the  Social  Security  Act  or  in the form of
28    unemployment compensation, if applicable,  plus  10%  of  the
29    amount, whichever is higher.
30        (b)  Benefits.  Each eligible participant who is employed
31    in  projects  assisted  under  this  Act  shall  be furnished
32    benefits and employment conditions comparable to the benefits
33    and  conditions  provided  to  other  employees  employed  in
 
                            -7-      LRB093 05486 MKM 16034 a
 1    similar  occupations  by  a  comparable  employer,  but    No
 2    participant  shall  be eligible for unemployment compensation
 3    during or on the basis of employment in a project.
 4        (c)  Supportive services.  Each eligible participant  who
 5    is  employed  in  projects  assisted  under this Act shall be
 6    eligible for supportive  services  as  provided  under  rules
 7    developed    by    the    Department,   which   may   include
 8    transportation, health care, special services  and  materials
 9    for  the handicapped, child care and other services which are
10    necessary to enable the individual to participate.
11        (d)  Job clubs. All participants shall participate  in  a
12    job  club.   The  project  shall  operate  or  otherwise make
13    arrangements for each participant to  participate  in  a  job
14    club. Each District Executive Council shall establish for the
15    eligible  area job clubs to assist eligible participants with
16    the preparation of resumes, the development  of  interviewing
17    techniques,  evaluation  of individual job search activities,
18    and economic education classes.
19    (Source: P.A. 88-114.)

20        (20 ILCS 1510/45)
21        Sec. 45.  Labor standards applicable to job projects.
22        (a)  Conditions of employment.
23             (1)  Conditions of employment and training shall  be
24        appropriate  and  reasonable  in light of factors such as
25        the type of work, geographical region, and proficiency of
26        the participant.
27             (2)  Health and safety standards  established  under
28        State  and  Federal  law, otherwise applicable to working
29        conditions of employees, shall be equally  applicable  to
30        working  conditions of participants.  With respect to any
31        participant in a job project conducted under this Act who
32        is engaged in activities which are not covered by  health
33        and  safety  standards  under the Occupational Safety and
 
                            -8-      LRB093 05486 MKM 16034 a
 1        Health Act of 1970,  the  Director  shall  prescribe,  by
 2        regulation,  standards as may be necessary to protect the
 3        health and safety of a participant.
 4             (3)  No funds available under this Act may  be  used
 5        for   contributions  on  behalf  of  any  participant  to
 6        retirement systems or plans.
 7        (b)  Displacement rules.
 8             (1)  No currently employed worker shall be displaced
 9        by any participant, including partial  displacement  such
10        as  a  reduction in the hours of nonovertime work, wages,
11        or employment benefits.
12             (2)  No job project shall impair existing  contracts
13        for  services or collective bargaining agreements, except
14        that no  job  project  under  this  Act  which  would  be
15        inconsistent  with  the  terms of a collective bargaining
16        agreement  shall  be  undertaken  without   the   written
17        concurrence   of  the  labor  organization  and  employer
18        concerned.
19             (3)  No participant shall be employed or job opening
20        filled when any other individual is on  layoff  from  the
21        same  or  any  substantially  equivalent job, or when the
22        employer has terminated the  employment  of  any  regular
23        employee  or  otherwise  reduced  its  workforce with the
24        intention of filling the vacancy so created by  hiring  a
25        participant whose wages are subsidized under this Act.
26             (4)  No  jobs shall be created in a promotional line
27        that will  infringe  in  any  way  upon  the  promotional
28        opportunities of currently employed individuals.
29    (Source: P.A. 88-114.)

30        (20 ILCS 1510/50)
31        Sec. 50.  Nondiscrimination.
32        (a)  General rule.
33             (1)  Discrimination  on  the  basis  of  age, on the
 
                            -9-      LRB093 05486 MKM 16034 a
 1        basis of handicap, on the basis of sex, or on  the  basis
 2        of race, color, or national origin is prohibited.
 3             (2)  No    individual   shall   be   excluded   from
 4        participation in, denied the benefits  of,  subjected  to
 5        discrimination   under,   or  denied  employment  in  the
 6        administration of  or  in  connection  with  any  project
 7        because  of  race, color, religion, sex, national origin,
 8        age, handicap, or political affiliation or belief.
 9             (3)  (Blank).  No participant shall be  employed  on
10        the   construction,  operation,  or  maintenance  of  any
11        facility used or to be used for sectarian instruction  or
12        as a place for religious worship.
13             (4)  With respect to terms and conditions affecting,
14        or  rights  provided to, individuals who are participants
15        in activities supported by funds provided under this Act,
16        the individuals shall not be discriminated against solely
17        because of their status as the participants.
18        (b)  (Blank).  Failure To Comply  With  Rules.   Whenever
19    the Director finds that a recipient has failed to comply with
20    subsection  (a)  of  this  Section,  or  with  an  applicable
21    regulation prescribed to carry out this Section, the Director
22    shall  notify the recipient and shall request compliance.  If
23    within a reasonable period of time, not to  exceed  60  days,
24    the  recipient  fails  or refuses to comply, the Director may
25    (1)  refer  the  matter  to  the  Attorney  General  with   a
26    recommendation   that   an   appropriate   civil   action  be
27    instituted, or (2) take other action as may  be  provided  by
28    law.
29        (c)  (Blank).   Referral  to  Attorney  General.   When a
30    matter is  referred  to  the  Attorney  General  pursuant  to
31    paragraph  (1)  of  subsection  (b), or whenever the Attorney
32    General has reason to believe that a recipient is engaged  in
33    a  pattern  or  practice  in violation of subsection (a), the
34    Attorney General may bring a civil action in any  appropriate
 
                            -10-     LRB093 05486 MKM 16034 a
 1    court  of  the  State  of  Illinois  for  relief  as  may  be
 2    appropriate, including injunctive relief.
 3    (Source: P.A. 88-114.)

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

16        (20 ILCS 1510/65)
17        Sec.  65.  Evaluation.   The  Department shall conduct an
18    evaluation of the success of the projects funded  under  this
19    Act.  Each project shall cooperate with the Department in the
20    collection   of   any   data   needed   for  the  evaluation.
21    Administration.
22        (a)  Accepting Property For  Use  Under  This  Act.   The
23    Director  is authorized, in carrying out this Act, to accept,
24    purchase, or lease in the name of the Department, and  employ
25    or  dispose of in furtherance of the purpose of this Act, any
26    money or property, real,  personal,  or  mixed,  tangible  or
27    intangible,  received by gift, devise, bequest, or otherwise,
28    and to accept voluntary and uncompensated services.
29        (b)  General Administrative Authority.  The Director  may
30    make  grants,  contracts, or agreements, establish procedures
31    and make payments, in installments, in advance or by  way  of
32    reimbursement,  or  otherwise  allocate or expend funds under
 
                            -11-     LRB093 05486 MKM 16034 a
 1    this Act as  necessary  to  carry  out  this  Act,  including
 2    expenditures   for   construction,   repairs,   and   capital
 3    improvements, and including necessary adjustments in payments
 4    on account of overpayments or underpayments.
 5        (c)  Waiver Authority.  The Director may waive:
 6             (1)  the  testing  requirement  for individuals with
 7        handicaps;
 8             (2)  the education requirement in paragraph  (2)  of
 9        subsection (b) of Section 30; and
10             (3)  subject   to   a  2/3  vote  of  each  District
11        Executive Council, the requirement relating to a  32-hour
12        work  week under subsection (e) of Section 35 for unusual
13        circumstances.
14        (d)  Report.  The Director shall prepare  and  submit  to
15    the  General  Assembly an annual report on the administration
16    of this Act.  The Director shall include the following in the
17    report:
18             (1)  a summary of the  achievements,  failures,  and
19        problems  of  the  programs  authorized  in  this  Act in
20        meeting the objective of this Act; and
21             (2)  recommendations, including recommendations  for
22        legislative  or  administrative  action,  as the Director
23        deems appropriate.
24        (e)  Audit.  The Auditor General of the State of Illinois
25    and any authorized representatives shall have access for  the
26    purpose  of  audit  and  examination to any books, documents,
27    papers, and records, of any recipient under this Act that are
28    pertinent to the amounts received and  disbursed  under  this
29    Act.
30        (f)  Adoption   of   rules.    The   Director  may  adopt
31    appropriate rules to carry out this Act.
32    (Source: P.A. 88-114.)

33        (20 ILCS 1510/20 rep.)
 
                            -12-     LRB093 05486 MKM 16034 a
 1        (20 ILCS 1510/60 rep.)
 2        Section 10.  The Illinois Guaranteed Job Opportunity  Act
 3    is amended by repealing Sections 20 and 60.

 4        Section  99.  Effective date.  This Act takes effect July
 5    1, 2003.".