Full Text of SB0217 98th General Assembly
SB0217sam002 98TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 217
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 217 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois State Training and Employment Program (I-STEP) Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Agreement" means a written agreement between the | 8 | | Department of Commerce and Economic Opportunity or the | 9 | | Department of Employment Security and an employer or a business | 10 | | association, labor organization, local workforce investment | 11 | | board, community college, or nonprofit corporation concerning | 12 | | a project and any amendments to that agreement. | 13 | | "Base employment" means the highest number of workers | 14 | | employed by the employer in the last 4 completed quarters | 15 | | preceding the effective date of the agreement establishing the | 16 | | project. The Department of Employment Security shall verify an |
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| 1 | | employer's base employment through means including, but not | 2 | | limited to, wage reports submitted pursuant to the Unemployment | 3 | | Insurance Act. | 4 | | "Business association" means an organization formed under | 5 | | Section 501(c)(6) of the Internal Revenue Code or a generally | 6 | | recognized entity or organization that represents the | 7 | | interests of multiple businesses in Illinois. | 8 | | "Community college" means a community college as defined in | 9 | | Section 1-2 of the Public Community College Act. | 10 | | "Credit" or "I-STEP Credit" means an amount agreed to in an | 11 | | agreement with an employer under this Act that does not exceed | 12 | | the Incremental Income Tax attributable to the employer's | 13 | | project. | 14 | | "Employer" means a for-profit, legal entity including, but | 15 | | not limited to, a sole proprietorship, partnership, | 16 | | corporation, joint venture, association, or cooperative, that | 17 | | has in its employ one or more individuals performing services | 18 | | for it. | 19 | | "Federal minimum wage" means the minimum wage as defined by | 20 | | the federal Fair Labor Standards Act (29 U.S.C. 201 et seq.). | 21 | | "Full-time, permanent job" means a job in which the | 22 | | employee works for the employer at a rate of at least 35 hours | 23 | | per week. | 24 | | "I-STEP Fund" means the fund established in Section 20 of | 25 | | this Act. | 26 | | "Incremental income tax" means the total amount withheld |
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| 1 | | during the taxable year under Article 7 of the Illinois Income | 2 | | Tax Act from the compensation paid to employees in new jobs | 3 | | that are the subject of an agreement. | 4 | | "Labor organization" means an organization defined as a | 5 | | "labor organization" under the National Labor Relations Act. | 6 | | "New job" means a full-time, permanent job located in this | 7 | | State that meets all of the following: | 8 | | (1) The job results in a net increase in the base | 9 | | employment in this State for the employer. | 10 | | (2) The job is not being filled or refilled as a result | 11 | | of a layoff or to replace an employee who is or has been on | 12 | | strike or locked out by the employer. | 13 | | (3) The job is not a job that existed in the employer's | 14 | | business within this State within the last 4 completed | 15 | | quarters preceding the effective date of the agreement. | 16 | | (4) The wage paid for the job is equal to or exceeds | 17 | | 175% of the federal minimum wage on the effective date of | 18 | | the agreement. | 19 | | (5) The employer has posted the job on the | 20 | | IllinoisJobLink.com System or its successor system for at | 21 | | least 2 weeks preceding the effective date of the agreement | 22 | | and did not locate an individual who has the requisite | 23 | | expertise, experience, and background, except that this | 24 | | requirement does not apply if either (i) the job would be | 25 | | covered by a collective bargaining agreement between the | 26 | | employer and a labor organization that includes provisions |
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| 1 | | concerning hiring or training or (ii) the employer does not | 2 | | have employees performing services in this State as of the | 3 | | effective date of the Agreement. | 4 | | A new job may not be filled by a child, grandchild, parent, | 5 | | or spouse, other than a spouse who is legally separated from | 6 | | the individual, of any individual who has a direct or indirect | 7 | | ownership interest of at least 5% in the profits, capital, or | 8 | | value of the employer. | 9 | | "Program costs" means all necessary and incidental costs of | 10 | | providing program services in connection with a project, | 11 | | including administrative costs. | 12 | | "Program services" includes, but is not limited to, any of | 13 | | the following items needed to hire or train a worker for a new | 14 | | job: | 15 | | (1) Training or retraining including, but not limited | 16 | | to, training or retraining provided by apprenticeship and | 17 | | training programs approved by and registered with the | 18 | | United States Department of Labor's Bureau of | 19 | | Apprenticeship and Training. | 20 | | (2) Adult basic education and job-related instruction. | 21 | | (3) Developmental, readiness, and remedial education. | 22 | | (4) Vocational and skill-assessment services and | 23 | | testing. | 24 | | (5) Training facilities, equipment, materials, and | 25 | | supplies. | 26 | | "Project" means an arrangement for program services that |
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| 1 | | are the subject of an agreement entered into under this Act. | 2 | | Section 10. Agreement. | 3 | | (a) The Director of Commerce and Economic Opportunity and | 4 | | the Director of Employment Security shall each have the power | 5 | | to enter into an agreement to establish a project with an | 6 | | employer. The agreement may be directly with an employer or | 7 | | with a business association, labor organization, local | 8 | | workforce investment board, community college, or nonprofit | 9 | | corporation acting on behalf of an employer. The Directors of | 10 | | Commerce and Economic Opportunity and Employment Security may | 11 | | consult with the I-STEP Panel before entering into an | 12 | | agreement. | 13 | | (b) An agreement shall, at a minimum: | 14 | | (1) State the project's total program costs. | 15 | | (2) State that the employer may use the I-STEP Credit | 16 | | pursuant to Section 15 to reimburse up to 75% of the | 17 | | project's total program costs. If the Department of | 18 | | Employment Security or the Department of Commerce and | 19 | | Economic Opportunity determines that the project will | 20 | | reduce long-term unemployment in the State, the agreement | 21 | | shall state that the employer may use the I-STEP Credit to | 22 | | reimburse up to 100% of the project's total program costs. | 23 | | (3) Describe the program services to be provided. | 24 | | (4) Specify the number of new jobs covered by the | 25 | | project. |
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| 1 | | (5) Include a certification by the employer that it | 2 | | shall (i) offer to assume the collective bargaining | 3 | | obligations of a prior employer, including any existing | 4 | | collective bargaining agreement with the bargaining | 5 | | representative of any existing collective bargaining unit | 6 | | or units performing substantially similar work to the work | 7 | | being performed by any employee in a new job and (ii) offer | 8 | | employment to all employees currently employed in any | 9 | | existing bargaining unit performing substantially similar | 10 | | work to the work being performed by any employee in a new | 11 | | job. | 12 | | (6) Include a provision that fixes the maximum amount | 13 | | of I-STEP Credit for the reimbursement of program costs for | 14 | | each taxable year. | 15 | | (7) Specify the duration of the I-STEP Credit and the | 16 | | first taxable year for which the Credit may be claimed. | 17 | | (8) Require that an employer shall at all times keep | 18 | | proper books of record and account, in accordance with | 19 | | generally accepted accounting principles consistently | 20 | | applied, with the books, records, or papers related to the | 21 | | agreement in the custody or control of the employer open | 22 | | for reasonable inspection and audits by the Department of | 23 | | Commerce and Economic Opportunity and Department of | 24 | | Employment Security and including, without limitation, the | 25 | | making of copies of the books, records, or papers and the | 26 | | inspection or appraisal of any of the employer or project |
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| 1 | | assets related to the project. | 2 | | (9) Indicate the amount of administrative costs that | 3 | | the employer will be required to deposit into the I-STEP | 4 | | Fund. | 5 | | (10) Contain other provisions the Department of | 6 | | Commerce and Economic Opportunity and Department of | 7 | | Employment Security consider appropriate or necessary. | 8 | | (c) The administrative costs of the Department of Commerce | 9 | | and Economic Opportunity' with respect to each project shall | 10 | | not exceed 5% of the program costs. The Department of | 11 | | Employment Security's administrative costs with respect to | 12 | | each project shall not exceed 5% of the program costs. In the | 13 | | case of an agreement between the Department of Commerce and | 14 | | Economic Opportunity or the Department of Employment Security | 15 | | and a business association, labor organization, local | 16 | | workforce investment board, community college, or nonprofit | 17 | | corporation acting on behalf of an employer, the administrative | 18 | | costs of the business association, labor organization, local | 19 | | workforce investment board, community college, or nonprofit | 20 | | corporation shall not exceed 5% of the program costs and shall | 21 | | be in addition to the program costs of the Department of | 22 | | Commerce and Economic Opportunity and the Department of | 23 | | Employment Security. | 24 | | (d) The Department of Commerce and Economic Opportunity and | 25 | | the Department of Employment Security shall annually report to | 26 | | the General Assembly, no later than December 31, on the new |
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| 1 | | jobs created and amount of credits for which employers have | 2 | | been certified as eligible pursuant to this Act. | 3 | | (e) A summary of each agreement shall be posted on the | 4 | | website maintained pursuant to the Corporate Accountability | 5 | | for Tax Expenditures Act. | 6 | | Section 15. I-STEP Credit. | 7 | | (a) Subject to the conditions set forth in this Act, for | 8 | | any taxable year ending on or after December 31, 2014, an | 9 | | employer is entitled to a credit against its obligation to pay | 10 | | over withholding under Section 704A of the Illinois Income Tax | 11 | | Act, if the employer is awarded a Credit under this Act for | 12 | | that taxable year. | 13 | | (b) The duration of the credit may not exceed 10 taxable | 14 | | years. The credit may be stated as a percentage of the | 15 | | incremental income tax attributable to the employer's project | 16 | | and shall include a fixed dollar limitation that shall not | 17 | | exceed the amount calculated pursuant to paragraph (2) of | 18 | | subsection (b) of Section 10. | 19 | | (c) An employer claiming a credit under this Act shall | 20 | | submit to the Department of Revenue a copy of the certificate | 21 | | of verification under this Act for the taxable year. However, | 22 | | failure to submit a copy of the certificate with the employer's | 23 | | tax return shall not invalidate a claim for a credit. | 24 | | (d) For an employer to be eligible for a certificate of | 25 | | verification, the employer shall provide proof as required by |
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| 1 | | the Department of Commerce and Economic Opportunity or the | 2 | | Department of Employment Security prior to the end of each | 3 | | calendar year including, but not limited to, attestation by the | 4 | | employer: | 5 | | (1) regarding the number of new jobs specified in its | 6 | | agreement and into which it has hired employees; | 7 | | (2) that employees received the program services | 8 | | specified in the agreement; and | 9 | | (3) regarding the amount of program costs incurred by | 10 | | the employer with respect to those new jobs. | 11 | | (e) For a certificate of verification to be valid, it shall | 12 | | be signed by the Director of Commerce and Economic Opportunity | 13 | | or the Director of Employment Security. | 14 | | Section 20. I-STEP Fund. | 15 | | (a) There is established in the State Treasury a special | 16 | | fund to be known as the I-STEP Fund. | 17 | | (b) Money received, earned, or collected pursuant to this | 18 | | Act shall be credited to the I-STEP Fund. All interest earnings | 19 | | on amounts within the I-STEP Fund shall accrue to the I-STEP | 20 | | Fund. The I-STEP Fund may include such funds and accounts as | 21 | | are necessary for the implementation and administration of this | 22 | | Act. All sums recovered for losses sustained by the I-STEP Fund | 23 | | shall be deposited into the I-STEP Fund. | 24 | | (c) Moneys may be paid or expended from the I-STEP Fund for | 25 | | the payment of administrative costs associated with projects |
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| 1 | | established pursuant to this Act. | 2 | | (d) Any payments or expenditures from the I-STEP Fund, | 3 | | other than administrative costs associated with projects | 4 | | established pursuant to this Act, shall require the approval of | 5 | | both the Director of Employment Security and the Director of | 6 | | Commerce and Economic Opportunity. | 7 | | Section 25. I-STEP Panel. | 8 | | (a) There is created the I-STEP Panel. The I-STEP Panel | 9 | | shall consist of the Director of Commerce and Economic | 10 | | Opportunity and the Director of Employment Security, who shall | 11 | | serve as co-chairpersons, and 11 members who shall be appointed | 12 | | by the Governor with the advice and consent of the Senate. | 13 | | (b) The members of the I-STEP Panel shall include a | 14 | | representative from each of the following businesses and | 15 | | groups: manufacturing, small business, a local or State | 16 | | business association or chamber of commerce, building and | 17 | | construction trades unions, a labor organization representing | 18 | | workers engaged in manufacturing, a labor organization | 19 | | representing workers engaged in service professions, a | 20 | | not-for-profit corporation providing workforce training, a | 21 | | community college, and a local workforce investment board. | 22 | | There shall be 2 at-large voting members who reside within | 23 | | counties or municipalities that have had an annual average | 24 | | unemployment rate of at least 120% of the State's annual | 25 | | average unemployment rate as reported by Department of |
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| 1 | | Employment Security for the 5 years preceding the date of | 2 | | appointment. All appointments shall be made in a geographically | 3 | | diverse manner. | 4 | | (c) For the initial appointments to the I-STEP Panel, 5 | 5 | | members shall be appointed to serve a 2-year term and 6 members | 6 | | shall be appointed to serve a 4-year term. Thereafter, all | 7 | | appointments shall be for terms of 4 years. The initial term of | 8 | | appointed members shall commence on July 1, 2014. Thereafter, | 9 | | the terms of appointed members shall commence on July 1, except | 10 | | in the case of an appointment to fill a vacancy. Vacancies | 11 | | occurring among the members shall be filled in the same manner | 12 | | as the original appointment for the remainder of the unexpired | 13 | | term. For a vacancy occurring when the Senate is not in | 14 | | session, the Governor may make a temporary appointment until | 15 | | the next meeting of the Senate when a person shall be nominated | 16 | | to fill the office, and, upon confirmation by the Senate, he or | 17 | | she shall hold office during the remainder of the term. A | 18 | | vacancy in membership does not impair the ability of a quorum | 19 | | to exercise all rights and perform all duties of the I-STEP | 20 | | Panel. A member is eligible for reappointment. | 21 | | (d) The I-STEP Panel shall advise the Department of | 22 | | Commerce and Economic Opportunity and Department of Employment | 23 | | Security on the implementation and administration of this Act. | 24 | | (e) Members of the I-STEP Panel shall serve without | 25 | | compensation, but shall be reimbursed for any necessary | 26 | | expenses from funds appropriated for that purpose. |
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| 1 | | Section 30. Powers of the Departments. In addition to those | 2 | | powers granted under the Civil Administrative Code of Illinois, | 3 | | the Department of Commerce and Economic Opportunity and the | 4 | | Department of Employment Security are granted and shall have | 5 | | all the powers necessary or convenient to carry out and | 6 | | effectuate the purposes and provisions of this Act. These | 7 | | powers shall include, but are not limited to, power and | 8 | | authority to: | 9 | | (1) Jointly promulgate procedures or rules necessary | 10 | | and appropriate for the administration of this Act, | 11 | | establish forms for applications, notifications, | 12 | | contracts, or any other agreements, and accept | 13 | | applications at any time during the year. | 14 | | (2) Establish, negotiate, and effectuate any term, | 15 | | agreement, or other document with any person, necessary or | 16 | | appropriate to accomplish the purposes of this Act, and to | 17 | | consent, subject to the provisions of any agreement with | 18 | | another party, to the modification or restructuring of any | 19 | | agreement made pursuant to this Act to which the Department | 20 | | of Commerce and Economic Opportunity or the Department of | 21 | | Employment Security is a party. | 22 | | (3) Fix, determine, charge, and collect any premiums, | 23 | | fees, charges, costs, and expenses from employers | 24 | | including, without limitation, application fees, | 25 | | commitment fees, program fees, financing charges, or |
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| 1 | | publication fees, deemed appropriate to pay expenses | 2 | | necessary or incident to the (i) administration, staffing, | 3 | | or operation in connection with the Department of Commerce | 4 | | and Economic Opportunity's or the Department of Employment | 5 | | Security's activities under this Act, (ii) preparation, | 6 | | implementation, and enforcement of the terms of the | 7 | | agreement, or (iii) consultation, advisory and legal fees | 8 | | and other costs; however, all fees and expenses incident | 9 | | thereto shall be the responsibility of the employer. | 10 | | (4) Provide for sufficient personnel to permit | 11 | | administration, staffing, operation, and related support | 12 | | required to adequately discharge its duties and | 13 | | responsibilities described in this Act from funds made | 14 | | available for that purpose. | 15 | | (5) Gather information and conduct inquiries, in the | 16 | | manner and by methods as deemed desirable including, | 17 | | without limitation, gathering information with respect to | 18 | | employers for the purpose of making any designations or | 19 | | certifications necessary or desirable or to gather | 20 | | information to assist the I-STEP Panel with any | 21 | | recommendation or guidance in the furtherance of the | 22 | | purposes of this Act.
| 23 | | Section 85. The State Finance Act is amended by adding | 24 | | Section 5.855 as follows: |
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| 1 | | (30 ILCS 105/5.855 new) | 2 | | Sec. 5.855. The I-STEP Fund. | 3 | | Section 90. The Unemployment Insurance Act is amended by | 4 | | changing Sections 500 and 2101 as follows:
| 5 | | (820 ILCS 405/500) (from Ch. 48, par. 420)
| 6 | | Sec. 500. Eligibility for benefits. An unemployed | 7 | | individual shall
be eligible to receive benefits with respect | 8 | | to any week only if the
Director finds that:
| 9 | | A. He has registered for work at and thereafter has | 10 | | continued to
report at an employment office in accordance with | 11 | | such regulations as
the Director may prescribe, except that the | 12 | | Director may, by regulation,
waive or alter either or both of | 13 | | the requirements of this subsection as
to individuals attached | 14 | | to regular jobs, and as to such other types of
cases or | 15 | | situations with respect to which he finds that compliance with
| 16 | | such requirements would be oppressive or inconsistent with the | 17 | | purposes
of this Act, provided that no such regulation shall | 18 | | conflict with
Section 400 of this Act.
| 19 | | B. He has made a claim for benefits with respect to such | 20 | | week in
accordance with such regulations as the Director may | 21 | | prescribe.
| 22 | | C. He is able to work, and is available for work; provided | 23 | | that
during the period in question he was actively seeking work | 24 | | and he has
certified such. Whenever requested to do so by the |
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| 1 | | Director, the individual
shall, in the manner the Director | 2 | | prescribes by regulation, inform the
Department of the places | 3 | | at
which he has sought work during the period in question.
| 4 | | Nothing in this subsection shall limit
the Director's approval | 5 | | of alternate methods of demonstrating an active
search for work
| 6 | | based on regular reporting to a trade union office.
| 7 | | 1. If an otherwise eligible individual is unable to | 8 | | work or is
unavailable for work on any normal workday of | 9 | | the week, he shall be
eligible to receive benefits with | 10 | | respect to such week reduced by
one-fifth of his weekly | 11 | | benefit amount for each day of such inability to
work or | 12 | | unavailability for work. For the purposes of this | 13 | | paragraph, an
individual who reports on a day subsequent to | 14 | | his designated report day
shall be deemed unavailable for | 15 | | work on his report day if his failure to
report on that day | 16 | | is without good cause, and on each intervening day,
if any, | 17 | | on which his failure to report is without good cause. As | 18 | | used
in the preceding sentence, "report day" means the day | 19 | | which has been
designated for the individual to report to | 20 | | file his claim for benefits
with respect to any week. This | 21 | | paragraph shall not be construed so as
to effect any change | 22 | | in the status of part-time workers as defined in
Section | 23 | | 407.
| 24 | | 2. An individual shall be considered to be unavailable | 25 | | for work on
days listed as whole holidays in "An Act to | 26 | | revise the law in relation
to promissory notes, bonds, due |
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| 1 | | bills and other instruments in writing,"
approved March 18, | 2 | | 1874, as amended; on days which are holidays in his
| 3 | | religion or faith, and on days which are holidays according | 4 | | to the
custom of his trade or occupation, if his failure to | 5 | | work on such day is
a result of the holiday. In determining | 6 | | the claimant's eligibility for
benefits and the amount to | 7 | | be paid him, with respect to the week in
which such holiday | 8 | | occurs, he shall have attributed to him as additional
| 9 | | earnings for that week an amount equal to one-fifth of his | 10 | | weekly
benefit amount for each normal work day on which he | 11 | | does not work
because of a holiday of the type above | 12 | | enumerated.
| 13 | | 3. An individual shall be deemed unavailable for work | 14 | | if, after his
separation from his most recent employing | 15 | | unit, he has removed himself
to and remains in a locality | 16 | | where opportunities for work are
substantially less | 17 | | favorable than those in the locality he has left.
| 18 | | 4. An individual shall be deemed unavailable for work | 19 | | with respect
to any week which occurs in a period when his | 20 | | principal occupation is
that of a student in attendance at, | 21 | | or on vacation from, a public or
private school.
| 22 | | 5. Notwithstanding any other provisions of this Act, an | 23 | | individual
shall not be deemed unavailable for work or to | 24 | | have failed actively to
seek work, nor shall he be | 25 | | ineligible for benefits by reason of the
application of the | 26 | | provisions of Section 603, with respect to any week,
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| 1 | | because he is enrolled in and is in regular attendance at a | 2 | | training
course approved for him by the Director:
| 3 | | (a) but only if, with respect to
that week, the | 4 | | individual presents,
upon request,
to the claims | 5 | | adjudicator referred to
in Section 702 a statement | 6 | | executed by a responsible person connected
with the | 7 | | training course, certifying that the individual was in
| 8 | | full-time attendance at such course during the week. | 9 | | The Director may
approve such course for an individual | 10 | | only if he finds that (1)
reasonable work opportunities | 11 | | for which the individual is fitted by
training and | 12 | | experience do not exist in his locality; (2) the | 13 | | training course
relates to an occupation or skill for | 14 | | which there are, or are
expected to be in the immediate | 15 | | future, reasonable work opportunities in
his locality; | 16 | | (3) the training course is offered by a competent and
| 17 | | reliable agency, educational institution, or employing | 18 | | unit; (4)
the individual has the required | 19 | | qualifications and aptitudes to complete the
course | 20 | | successfully; and (5) the individual is not receiving | 21 | | and is not
eligible (other than because he has claimed | 22 | | benefits under this Act) for
subsistence payments or | 23 | | similar assistance under any public or private
| 24 | | retraining program: Provided, that the Director shall | 25 | | not disapprove
such course solely by reason of clause | 26 | | (5) if the subsistence payment or
similar assistance is |
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| 1 | | subject to reduction by an amount equal to any
benefits | 2 | | payable to the individual under this Act in the absence | 3 | | of the
clause. In the event that an individual's weekly | 4 | | unemployment
compensation benefit is less than his | 5 | | certified training allowance, that
person shall be | 6 | | eligible to receive his entire unemployment | 7 | | compensation
benefits, plus such supplemental training | 8 | | allowances that would make an
applicant's total weekly | 9 | | benefit identical to the original certified
training | 10 | | allowance.
| 11 | | (b) The Director shall have the authority to grant | 12 | | approval pursuant to
subparagraph (a) above prior to an | 13 | | individual's formal admission into a
training course. | 14 | | Requests for approval shall not be made more than 30 | 15 | | days
prior to the actual starting date of such course. | 16 | | Requests shall be made
at the appropriate unemployment | 17 | | office.
| 18 | | (c) The Director shall for purposes of paragraph C | 19 | | have the authority
to issue a blanket approval of | 20 | | training programs implemented pursuant to
the federal | 21 | | Workforce Investment Act of 1998 if both the training | 22 | | program and the criteria for an individual's
| 23 | | participation in such training meet the requirements | 24 | | of this paragraph C.
| 25 | | (d) Notwithstanding the requirements of | 26 | | subparagraph (a), the Director
shall have the |
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| 1 | | authority to issue blanket approval of training | 2 | | programs
implemented under the terms of a collective | 3 | | bargaining agreement.
| 4 | | (e) Notwithstanding any other provision of this | 5 | | Act, program services implemented under the Illinois | 6 | | State Training and Employment Program (I-STEP) Act | 7 | | shall constitute training approved pursuant to this | 8 | | paragraph C.
| 9 | | 6. Notwithstanding any other provisions of this Act, an | 10 | | individual shall
not be deemed unavailable for work or to | 11 | | have failed actively to seek work,
nor shall he be | 12 | | ineligible for benefits, by reason of the application of
| 13 | | the provisions of Section 603 with respect to any week | 14 | | because he is in
training approved under Section 236 (a)(1) | 15 | | of the federal Trade Act of 1974,
nor shall an individual | 16 | | be ineligible for benefits under the provisions
of Section | 17 | | 601 by reason of leaving work voluntarily to enter such | 18 | | training
if the work left is not of a substantially equal | 19 | | or higher skill level than
the individual's past adversely | 20 | | affected employment as defined under the
federal Trade Act | 21 | | of 1974 and the wages for such work are less than 80% of | 22 | | his
average weekly wage as determined under the federal | 23 | | Trade Act of 1974.
| 24 | | D. If his benefit year begins prior to July 6, 1975 or | 25 | | subsequent to
January 2, 1982, he has been unemployed for a | 26 | | waiting period of 1 week
during such benefit year. If his |
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| 1 | | benefit year begins on or after July 6,
l975, but prior to | 2 | | January 3, 1982, and his unemployment
continues for more than | 3 | | three weeks during such benefit year, he shall
be eligible for | 4 | | benefits with respect to each week of such unemployment,
| 5 | | including the first week thereof. An individual shall be deemed | 6 | | to be
unemployed within the meaning of this subsection while | 7 | | receiving public
assistance as remuneration for services | 8 | | performed on work projects
financed from funds made available | 9 | | to governmental agencies for such
purpose. No week shall be | 10 | | counted as a week of unemployment for the
purposes of this | 11 | | subsection:
| 12 | | 1. Unless it occurs within the benefit year which | 13 | | includes the week
with respect to which he claims payment | 14 | | of benefits, provided that, for
benefit years beginning | 15 | | prior to January 3, 1982, this
requirement shall not | 16 | | interrupt the payment of benefits for consecutive
weeks of | 17 | | unemployment; and provided further that the week | 18 | | immediately
preceding a benefit year, if part of one | 19 | | uninterrupted period of
unemployment which continues into | 20 | | such benefit year, shall be deemed
(for the purpose of this | 21 | | subsection only and with respect to benefit years
beginning | 22 | | prior to January 3, 1982, only) to be within such benefit
| 23 | | year, as well as within the preceding benefit year, if the | 24 | | unemployed
individual would, except for the provisions of | 25 | | the first paragraph and
paragraph 1 of this subsection and | 26 | | of Section 605, be eligible for and
entitled to benefits |
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| 1 | | for such week.
| 2 | | 2. If benefits have been paid with respect thereto.
| 3 | | 3. Unless the individual was eligible for benefits with | 4 | | respect
thereto except for the requirements of this | 5 | | subsection and of Section
605.
| 6 | | E. With respect to any benefit year beginning prior to | 7 | | January 3, 1982,
he has been paid during his base period wages | 8 | | for insured work not
less than the amount specified in Section | 9 | | 500E of this Act as amended
and in effect on October 5, 1980. | 10 | | With respect to any benefit year
beginning on or after January | 11 | | 3, 1982, he has been paid during his base
period wages for | 12 | | insured work equal to not less than $1,600, provided that
he | 13 | | has been paid wages for insured work equal to at least $440 | 14 | | during that
part of his base period which does not include the | 15 | | calendar quarter in
which the wages paid to him were highest.
| 16 | | F. During that week he has participated in reemployment | 17 | | services to which
he has been referred, including but not | 18 | | limited to job search assistance
services, pursuant to a | 19 | | profiling system established by the Director by rule in
| 20 | | conformity with Section 303(j)(1) of the federal Social | 21 | | Security Act, unless
the Director determines that:
| 22 | | 1. the individual has completed such services; or
| 23 | | 2. there is justifiable cause for the claimant's | 24 | | failure to participate in
such services.
| 25 | | This subsection F is added by this amendatory Act of 1995 | 26 | | to clarify
authority already provided under subsections A and C |
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| 1 | | in connection with the
unemployment insurance claimant | 2 | | profiling system required under subsections
(a)(10) and (j)(1) | 3 | | of Section 303 of the federal Social Security Act as a
| 4 | | condition of federal
funding for the administration of the | 5 | | Unemployment Insurance Act.
| 6 | | (Source: P.A. 92-396, eff. 1-1-02.)
| 7 | | (820 ILCS 405/2101) (from Ch. 48, par. 661)
| 8 | | Sec. 2101. Special administrative account. Except as | 9 | | provided in Section 2100, all interest and penalties collected
| 10 | | pursuant to this Act shall be deposited in the special | 11 | | administrative
account. The amount in this account in excess of | 12 | | $100,000 on the close of
business of the last day of each | 13 | | calendar quarter shall be immediately
transferred to this | 14 | | State's account in the unemployment trust fund. However, | 15 | | subject to Section 2101.1,
such funds shall not be transferred | 16 | | where it is determined by the Director
that it is necessary to | 17 | | accumulate funds in the account in order to have
sufficient | 18 | | funds to pay interest that may become due under the terms of
| 19 | | Section 1202 (b) of the Federal Social Security Act, as | 20 | | amended, upon advances
made to the Illinois Unemployment | 21 | | Insurance Trust Fund under Title XII of
the Federal Social | 22 | | Security Act or where it is determined by the Director
that it | 23 | | is necessary to accumulate funds in the special administrative
| 24 | | account in order to have sufficient funds to expend for any | 25 | | other purpose
authorized by this Section. The moneys available |
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| 1 | | in the special
administrative account shall be expended upon | 2 | | the direction of the Director
whenever it appears to him that | 3 | | such expenditure is necessary for:
| 4 | | A. 1. The proper administration of this Act and no Federal | 5 | | funds are
available for the specific purpose for which such | 6 | | expenditure is to be
made, provided the moneys are not | 7 | | substituted for appropriations from
Federal funds, which in the | 8 | | absence of such moneys would be available and
provided the | 9 | | monies are appropriated by the General Assembly.
| 10 | | 2. The proper administration of this Act for which purpose
| 11 | | appropriations from Federal funds have been requested but not | 12 | | yet received,
provided the special administrative account will | 13 | | be reimbursed upon receipt
of the requested Federal | 14 | | appropriation.
| 15 | | B. To the extent possible, the repayment to the fund | 16 | | established for
financing the cost of administration of this | 17 | | Act of moneys found by the
Secretary of Labor of the United | 18 | | States of America, or other appropriate
Federal agency, to have | 19 | | been lost or expended for purposes other than, or
in amounts in | 20 | | excess of, those found necessary by the Secretary of Labor,
or | 21 | | other appropriate Federal agency, for the administration of | 22 | | this Act.
| 23 | | C. The payment of refunds or adjustments of interest or | 24 | | penalties, paid
pursuant to Sections 901 or 2201.
| 25 | | D. The payment of interest on refunds of erroneously paid
| 26 | | contributions, penalties and interest pursuant to Section |
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| 1 | | 2201.1.
| 2 | | E. The payment or transfer of interest or penalties to any | 3 | | Federal or
State agency, pursuant to reciprocal arrangements | 4 | | entered into by the
Director under the provisions of Section | 5 | | 2700E.
| 6 | | F. The payment of any costs incurred, pursuant to Section | 7 | | 1700.1.
| 8 | | G. Beginning January 1, 1989, for the payment for the legal | 9 | | services
authorized by subsection B of Section 802, up to | 10 | | $1,000,000 per year for
the representation of the individual | 11 | | claimants and up to $1,000,000 per
year for the representation | 12 | | of "small employers".
| 13 | | H. The payment of any fees for collecting past due | 14 | | contributions,
payments in lieu of contributions, penalties, | 15 | | and interest shall be paid
(without an appropriation) from | 16 | | interest and penalty monies received from
collection agents | 17 | | that have contracted with the Department under Section
2206 to | 18 | | collect such amounts, provided however, that the amount of such
| 19 | | payment shall not exceed the amount of past due interest and | 20 | | penalty collected.
| 21 | | I. The payment of interest that may become due under the | 22 | | terms of Section
1202 (b) of the Federal Social Security Act, | 23 | | as amended, for advances made
to the Illinois Unemployment | 24 | | Insurance Trust Fund.
| 25 | | J. Expenses incurred by the Department in the | 26 | | administration of the Illinois State Training and Employment |
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| 1 | | Program (I-STEP) Act. | 2 | | The Director shall annually on or before the first day of | 3 | | March report
in writing to the Employment Security Advisory | 4 | | Board concerning the
expenditures made from the special | 5 | | administrative account and the purposes
for which funds are | 6 | | being accumulated.
| 7 | | If Federal legislation is enacted which will permit the use | 8 | | by the
Director of some part of the contributions collected or | 9 | | to be collected
under this Act, for the financing of | 10 | | expenditures incurred in the proper
administration of this Act, | 11 | | then, upon the availability of such
contributions for such | 12 | | purpose, the provisions of this Section shall be
inoperative | 13 | | and interest and penalties collected pursuant to this Act shall
| 14 | | be deposited in and be deemed a part of the clearing account. | 15 | | In the event
of the enactment of the foregoing Federal | 16 | | legislation, and within 90 days
after the date upon which | 17 | | contributions become available for expenditure
for costs of | 18 | | administration, the total amount in the special administrative
| 19 | | account shall be transferred to the clearing account, and after | 20 | | clearance
thereof shall be deposited with the Secretary of the | 21 | | Treasury of the United
States of America to the credit of the | 22 | | account of this State in the
unemployment trust fund, | 23 | | established and maintained pursuant to the Federal
Social | 24 | | Security Act, as amended.
| 25 | | (Source: P.A. 94-1083, eff. 1-19-07.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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