State of Illinois
91st General Assembly

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HB2315 Engrossed                               LRB9105421SMdv

 1        AN ACT concerning employment.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Welfare to Work Act.

 6        Section  5.   Legislative findings; purpose.  The General
 7    Assembly hereby finds that:
 8        (a)  Poverty  and  welfare  dependence   are   widespread
 9    throughout  the  State of  Illinois.  Almost 1,500,000 of its
10    citizens are  dependent  on  the  State's  public  assistance
11    programs  for  their  most  basic  needs;  and  over  200,000
12    families, including 500,000 children, rely on cash assistance
13    from the State for all or part of their subsistence needs.
14        (b)  Poverty   and   unemployment   diminish   individual
15    self-esteem,  can    undermine  family  stability, and affect
16    family formation, community security and cohesion.
17        (c)  Under the new  federal  welfare  law,  the  Personal
18    Responsibility  and  Work  Opportunity  Reconciliation Act of
19    1996, cash assistance benefits will be limited to 60  months,
20    and    over 100,000 adult heads of households in the Illinois
21    welfare caseload must be employed by the year  2002  or  they
22    and their children will be destitute.
23        (d)  Voluntary  efforts  by  the private sector to employ
24    welfare recipients are laudable and are to be commended,  but
25    the State must also take direct responsibility to ensure that
26    welfare  recipients are hired in jobs that will allow them to
27    leave the welfare rolls altogether.
28        (e)  The State spends billions of dollars  each  year  to
29    improve  its  economy  and  infrastructure,  and  to  deliver
30    services to the people of the State, all of which also serves
31    to provide jobs for its citizens.
HB2315 Engrossed            -2-                LRB9105421SMdv
 1        (f)  The State can accomplish the objectives of relieving
 2    welfare dependency  and ensuring economic self-sufficiency as
 3    well  as  the  objectives  related to carrying out  necessary
 4    governmental  operations  at  the   same   time,   and   with
 5    significant  savings  in State outlays in cash assistance and
 6    supportive service dollars.
 7        (g)  Poverty and welfare dependency can be alleviated  by
 8    targeting  some of the resources of the State and making jobs
 9    available to  the  welfare  poor,  specifically  by  bringing
10    qualified  poor persons into the State workforce and into the
11    workforces  that  are  generated  through  State   contracts,
12    without causing the displacement of existing workers.
13        (h)  Some  State  jobs that are newly created or that are
14    open through attrition and  some  jobs  created  under  State
15    contracts,  can   be  filled  by qualified welfare recipients
16    without compromising the integrity  of  the  hiring  process,
17    contractor  profits, collective bargaining agreements, timely
18    completion of projects, or the health and safety of  Illinois
19    workers.
20        (i)  To  the extent that these jobs are filled by welfare
21    recipients, the State accomplishes 4  important  governmental
22    objectives  simultaneously:   (1)  the alleviation of welfare
23    dependency,  ensuring  of  economic   self-sufficiency,   and
24    lifting  of  individuals and families out of poverty, (2) the
25    stabilization of families and communities  that  are  hardest
26    hit   by   persistent   poverty  and  unemployment,  (3)  the
27    accomplishment of the essential work of the State which  must
28    be  performed  through  these  jobs, and (4) the reduction of
29    State outlays for cash assistance and services for the poor.
30        (j)  The  State's  immediate,  direct   and   significant
31    interest  in  relieving welfare dependency and the employment
32    of the poor in jobs  generated  through  the  expenditure  of
33    State funds constitutes the basis of this Act.
HB2315 Engrossed            -3-                LRB9105421SMdv
 1        Section 10.  Definitions.  As used in this Act:
 2        "Aid recipient" means:
 3             (a)  a  person  financially eligible to receive cash
 4        assistance  under  the  Temporary  Assistance  for  Needy
 5        Families program, the Transitional Assistance program, or
 6        any other cash assistance  program  administered  by  the
 7        Department of Human Services financed in whole or in part
 8        by the State;
 9             (b)   a   person   financially   eligible  for  cash
10        assistance under Article  VI  of  the  Public  Aid  Code,
11        whether   receiving   assistance   or  not;  an  Earnfare
12        participant; and an unemployed person or employed  person
13        who  is  earning less than the poverty level in wages and
14        who is also married to the parent of  a  child  receiving
15        cash  assistance  or  the legally adjudicated father of a
16        child receiving cash assistance; and
17             (c) a person who, within the previous 60 months, has
18        been found eligible and placed for training or employment
19        under the United States Department of Housing  and  Urban
20        Development's  Section  3  program,  or  under  any other
21        local, state, or federal government program that  creates
22        training  or  hiring  preferences  or  priorities for low
23        income persons, and who was, at the time  of  entry  into
24        such   program   an  "aid  recipient"  as  defined  under
25        paragraph (a) or (b) of this definition.
26        "Contracts for personal services" has the same meaning as
27    under Section 14 of the State Finance Act.
28        "Covered  contract"  means  a  contract,  aid,  or  grant
29    between the State and any other entity or  entities,  whether
30    private, public, or not-for-profit, regardless of the purpose
31    of the contract, aid, or grant, and means contracts, aid, and
32    grants  between  those  entities  and  their  contractors and
33    subcontractors, but only if the contract or grant is  payable
34    by  the  State  in  an  amount  in  excess  of  $250,000 or a
HB2315 Engrossed            -4-                LRB9105421SMdv
 1    subcontract  is  for  an  amount  in  excess   of   $100,000.
 2    Recipients  of  contracts,  aid,  and  grants  may not divide
 3    contracts or  spread  out  the  work  to  be  undertaken  for
 4    purposes of avoiding having a covered contract.
 5        "Covered  employee"  means a person who is found eligible
 6    for employment and  hired under this Act.
 7        "Covered employer" means an  employer  in  receipt  of  a
 8    "covered   contract"   payment   and   thus  subject  to  the
 9    requirements  of  this  Act  with  respect  to   a   "covered
10    contract".
11        "Covered  position"  means  a  State-funded  position  of
12    employment,  whether  civil  service  or  under  contract for
13    personal services, that the Department of Human Services  has
14    not found exempt under Section 25 of this Act.
15        "Department" means the Department of Human Services.
16        "Qualified  aid  recipient"  means an "aid recipient" who
17    meets each  of  the    qualifications,  including  education,
18    training,  and experience, if any, that have been established
19    by the employer for the position.
20        "State agencies" means  all  State  departments  (whether
21    code   or   otherwise),   boards,  commissions,  authorities,
22    councils,   officers,   bureaus,    units,    colleges    and
23    universities,   and   executive,   legislative  and  judicial
24    agencies.

25        Section 15.  Disclosure of potential  covered  positions.
26    Simultaneously  with  posting  its  positions  or  putting  a
27    position  out  for  hire by contract, each State agency shall
28    provide the Department of Human Services with a copy of a job
29    announcement   specifying    the    job    description    and
30    qualifications  of  each  position  that is newly created, is
31    open, or is otherwise posted  for  hire  or  for  hire  under
32    contract.   This requirement does not apply when the position
33    is one that is subject to recall by a  laid-off  employee  or
HB2315 Engrossed            -5-                LRB9105421SMdv
 1    employees.

 2        Section  20.  Duties of the Department of Human Services.
 3    The Department shall administer  that  portion  of  this  Act
 4    related  to  reviewing positions, eligibility determinations,
 5    recruitment, screening, and referral  of  aid  recipients  to
 6    covered positions and positions under covered contracts.

 7        Section 25.  Review of positions.
 8        (a)  The    Department   shall   review   each   position
 9    announcement provided to it by State agencies to determine if
10    there currently are any potentially qualified aid  recipients
11    that could be referred to apply for the position.
12        (b)  If the Department determines there are no or too few
13    potentially  qualified aid recipients to identify readily for
14    referral for the position, the Department shall  provide  the
15    State  agency  with a notice exempting that position from the
16    provisions of this Act.  The Department  may  permanently  or
17    temporarily exempt a position.
18        (c)  If  the  position is permanently exempted, the State
19    agency  need  not  provide  the  Department   with   position
20    announcements  for that position in the future.  However, the
21    Department may, at any time,  revoke  its  exemption  of  any
22    position,  and from the point of that revocation forward, the
23    State  agency  again  shall  provide  the   Department   with
24    announcements of that position.
25        (d)  If   the   position  is  temporarily  exempted,  the
26    provisions of this Act do not apply to the position, but  the
27    State  agency must provide announcements to the Department of
28    future openings of that position.
29        (e)  If the position is not determined by the  Department
30    to be exempted, it is a covered position under this Act.

31        Section   30.    Eligibility  determinations.   Upon  the
HB2315 Engrossed            -6-                LRB9105421SMdv
 1    request of a person who believes that he or  she  is  an  aid
 2    recipient  within the meaning of this Act or the request of a
 3    State agency or covered employer on behalf of such a  person,
 4    the  Department  shall  make the determination of whether the
 5    person is an aid recipient within the meaning of this Act and
 6    shall provide the necessary written proof  of  aid  recipient
 7    status  to  the  aid  recipient  and  to  any  other  person,
 8    including  the  party  making  request  on  behalf of the aid
 9    recipient, if the aid recipient authorizes it in writing.

10        Section 35.  Recruitment,  screening,  and  referrals  to
11    training and for jobs under this Act.
12        (a)  In   order   to   facilitate   a  steady  stream  of
13    potentially qualified aid recipients into positions available
14    under this Act, the Department shall:
15             (1)  work with public, private,  and  not-for-profit
16        job training programs and  certified joint apprenticeship
17        training  programs  to  develop  and make use of training
18        programs to facilitate  channeling  aid  recipients  into
19        such  training  programs  that  correspond with, and will
20        qualify them for, open covered  positions  and  positions
21        under covered contracts;
22             (2)  coordinate   the  recruitment,  screening,  and
23        referrals for placement of aid  recipients  in  education
24        and  training  programs  that  correspond  with  the  job
25        qualifications  and requirements of covered positions and
26        positions under covered contracts;
27             (3)  coordinate  the  recruitment,  screening,   and
28        referrals  of  potentially    qualified aid recipients to
29        employers for open covered positions and positions  under
30        covered contracts;
31        (b)  The  Department  shall  maintain an equal balance in
32    its referrals of  potentially  qualified  aid  recipients  to
33    training programs, to employers for covered positions, and to
HB2315 Engrossed            -7-                LRB9105421SMdv
 1    positions  under  covered  contracts  as  between  those  who
 2    qualify  under  paragraph  (a)  of  the  definition  of  "aid
 3    recipient"  in  Section  10  of  this  Act (or who originally
 4    qualified under paragraph (a) but who are now qualified under
 5    paragraph (c) of that  definition),  and  those  who  qualify
 6    under  paragraph (b) of the definition of "aid recipient" (or
 7    who originally qualified under paragraph (b) but who are  now
 8    qualified under paragraph (c)).
 9        (c)  Support     services,    including    transportation
10    assistance, uniforms, tools, and supplies, that are otherwise
11    provided to "aid  recipients"  under  paragraph  (a)  of  the
12    definition  of "aid recipient" shall be provided, in the same
13    manner and measure, to those "aid recipients" under paragraph
14    (b) of the definition of "aid recipient" in  connection  with
15    employment  related services provided by the Department under
16    this Act.
17        (d)  The duties  of  the  Department  specified  in  this
18    Section  may  be  carried  out,  in  whole  or in part, under
19    contracts entered into by the Department with units of  local
20    government    or    by    not-for-profit    community   based
21    organizations.

22        Section 40.  Hiring without  referrals  authorized.   Any
23    aid  recipient  who  believes  he  or  she is a qualified aid
24    recipient may apply, without a referral  by  the  Department,
25    for  jobs  under  this Act. For any covered position, whether
26    previously determined by  the  Department  to  be  a  covered
27    position  or  not, if the State agency finds the applicant to
28    be a qualified aid recipient, the applicant shall be provided
29    the preference this Act affords. For  any  position  under  a
30    covered   contract,   the   employer  may  count,  under  the
31    requirements imposed under this Act, any aid recipient hired,
32    whether referred by the Department or not.
HB2315 Engrossed            -8-                LRB9105421SMdv
 1        Section 45.   Hiring  requirements  relative  to  covered
 2    positions.
 3        (a)  Verification  that an applicant for a position is an
 4    aid recipient shall be made by the State  agency  by  copying
 5    for its records the applicant's public aid card or such other
 6    proof of aid recipient status as has been provided to the aid
 7    recipient or employer by the Department.
 8        (b)  The  State  agency with the open position shall make
 9    the determination of  whether an aid  recipient  who  applies
10    for the position is qualified for hire.
11        (c)  The   State   agency  shall  provide  qualified  aid
12    recipients with a hiring  preference in accordance  with  the
13    requirements for civil service positions under Section 8b.7-1
14    of  the  Personnel  Code,  and  for personal service contract
15    positions, under Section 45-70 of  the  Illinois  Procurement
16    Code.
17        (d)  The minimum qualifications for hire, wages, days per
18    week,  hours  per  day,  shifts  of employment, and terms and
19    conditions of employment of a qualified aid recipient who  is
20    hired  under  this Act shall be the same as for other members
21    of the employer's workforce doing the same  or  similar  work
22    and shall be subject to the same State and federal laws.
23        (e)  Nothing  in  this  Act  prevents a State agency from
24    counting a person  hired  under  this  Act,  who  is  also  a
25    protected   female   or   minority,  toward  that  employer's
26    affirmative action obligations that may otherwise be imposed.
27        (f)  Nothing in this Act diminishes  the  full  authority
28    and  prerogative of State agencies to determine independently
29    an aid recipient's qualifications and to  make  independently
30    all hiring decisions, based on merit, under this Act.

31        Section   50.    Contract   requirements.   Each  covered
32    contract shall contain provisions incorporating  all  of  the
33    following requirements:
HB2315 Engrossed            -9-                LRB9105421SMdv
 1        (a)  Not less than 5% of the hours worked under positions
 2    that  are  paid  under  a covered contract shall be worked by
 3    qualified aid recipients.
 4        (b)  In order to facilitate compliance with this  Act,  a
 5    covered employer may  notify the Department of Human Services
 6    of jobs that are opening under the covered contract for which
 7    aid recipients may be qualified in order to receive referrals
 8    of aid recipients by the Department.
 9        (c)  The  covered employer shall verify that an applicant
10    for a position is an aid  recipient,  and  shall  maintain  a
11    record  of  the  aid  recipient's  status  by copying for its
12    records the applicant's public aid card or such  other  proof
13    of aid recipient status as has been provided to the recipient
14    or employer by the Department of Human Services.
15        (d)  The covered employer shall make the determination of
16    whether  an  aid  recipient who applies for the position is a
17    qualified aid recipient.   Nothing  in  this  Act  implies  a
18    diminution  of  the full authority and prerogative of covered
19    employers  to  determine  independently  an  aid  recipient's
20    qualifications and to make independently all hiring decisions
21    under this Act.  No State agency may require an  employer  to
22    hire  an  aid recipient who is not qualified for the position
23    for which the aid recipient is applying.
24        (e)  The number of covered employees in a workforce shall
25    be calculated as  follows:  the number of total hours  worked
26    under  the  contract  are  the  "worker hours". The number of
27    hours that covered employees have worked under  the  contract
28    are  the  "covered  employee  hours".   The "covered employee
29    hours" shall be divided by the "worker hours" and the product
30    shall be no  less  than   0.05.    If  the  covered  contract
31    includes  positions  that are otherwise reported to the State
32    and federal government only by  daily  or  weekly  full  time
33    equivalency,  then  those  positions  shall  be calculated by
34    dividing the full-time equivalent of the covered employees in
HB2315 Engrossed            -10-               LRB9105421SMdv
 1    those positions by the total full-time equivalent  for  those
 2    positions.   An  employer  may sponsor a covered worker in an
 3    apprenticeship  training  program  or  other   education   or
 4    training  program,  in  which case the employer may count the
 5    number of hours or days in  off-site  training  or  classroom
 6    instruction toward the requirements of this Section.
 7        (f)  A covered employer who is unable to hire at least 5%
 8    of  its  workforce  from  qualified  aid  recipients  under a
 9    covered contract shall certify to  the  Department  of  Human
10    Services   the   circumstances   which   made   meeting   the
11    requirements of this Act impossible.  Permitted circumstances
12    may   include  the  high  percentage  of  professional,  high
13    skilled, or journey level workers needed under the  contract,
14    the  need  to  recall out of work employees who are receiving
15    unemployment compensation through the  covered  employer,  or
16    other  circumstances  outside  of  the control of the covered
17    employer.  If a covered employer has not met  the  percentage
18    hire  requirements  under  this  Act,  and did not notify the
19    Department of jobs  that  have  become  available  under  its
20    covered  contract,  and  jobs existed under that contract for
21    potentially qualified aid recipients,  the  covered  employer
22    shall  be  deemed  to  have  been  able to hire the requisite
23    percentage of aid recipients under this Act, and failed to do
24    so.
25        (g)  At the  request  of  the  covered  employer  to  the
26    Department  of  Human  Services,  the  requirements of hiring
27    covered employees  under  this  Section  may  be  waived,  in
28    advance,   by  the  Department,  in  whole  or  in  part,  in
29    accordance with  rules  established  by  the  Department,  if
30    enough qualified aid recipients are not referred or cannot be
31    hired  due  to circumstances set forth in subsection (5).  To
32    receive this waiver, the covered employer  must  request  the
33    waiver  before  hiring  under  the covered contract, and must
34    include in its request for the waiver, job  descriptions  for
HB2315 Engrossed            -11-               LRB9105421SMdv
 1    each  of  the  positions  that  are subject to hire under the
 2    covered contract, and the number of people  estimated  to  be
 3    hired for each such job.
 4        (h)  The  minimum qualifications for hire, and the wages,
 5    days per week, hours per day, shifts of employment, and terms
 6    and conditions of employment, of a covered employee shall  be
 7    the  same  as  for  other members of the employer's workforce
 8    doing the same or similar work and shall be  subject  to  the
 9    same State and federal laws.
10        (i)  Covered  employees  shall  abide  by  all health and
11    safety rules and  laws    imposed  on  a  covered  employer's
12    workforce.
13        (j)  This  Act  does  not  require  covered  employers to
14    provide any additional or separate training or apprenticeship
15    programs for aid  recipients  that  the  employer  would  not
16    otherwise  provide  to  other  workers in the same or similar
17    jobs at the same or similar level of experience.
18        (k)  Nothing in this Act prevents a covered employer from
19    counting a covered  employee, who is also a protected  female
20    or   minority,   toward  the  employer's  affirmative  action
21    obligations that may otherwise be imposed.

22        Section 55.  Duties of  the  Department  of  Labor.   The
23    Department  of  Labor  shall  ensure  that  covered employers
24    comply with the provisions of this Act and  shall  work  with
25    the  Department  of  Human  Services  and the Social Services
26    Advisory Council in promulgating rules for implementation and
27    governance and  to  effectuate  the  purposes  of  this  Act,
28    including  contractor compliance.  In promulgating compliance
29    rules,  the  Illinois  Department  of  Labor   shall   create
30    provisions that assure that there will be good faith attempts
31    at  negotiation  and  conciliation,  and the affording of the
32    protections of  due  process  of  law  before  any  sanctions
33    against a contractor are imposed.
HB2315 Engrossed            -12-               LRB9105421SMdv
 1        Section 60.  Compliance and Reporting.
 2        (a)  The  Department of Human Services, the Department of
 3    Labor, and the General  Assembly  are  jointly  empowered  to
 4    ensure   and   monitor  covered  employer  and  State  agency
 5    compliance with the provisions of this Act.
 6        (b)  Each State agency shall annually prepare a report to
 7    the Department of Human Services  and  the  General  Assembly
 8    demonstrating its hiring under this Act.  The report shall be
 9    submitted  to  the  Department  and the minority and majority
10    leaders of the House of Representatives  and  the  Senate  no
11    later  than  January  31  of each year.  The report shall set
12    forth, for the previous calendar year, the  total  number  of
13    positions filled by the State agency, the number of positions
14    not  exempted  and  thus found to be covered positions by the
15    Department,  and  the  number  of  positions  filled  by  aid
16    recipients.
17        (c)  The Department of Human Services shall  collate  the
18    reports  and shall submit a report to the General Assembly no
19    later than the first day of March  of  each  year,  with  the
20    totals, broken down by State agency in each category, and the
21    grand totals for the State in each of the three categories.
22        (d)  Both the original reports and the summary Department
23    report  shall  be    subject to public inspection, review and
24    copying.
25        (e)  Each covered contractor  shall  annually  prepare  a
26    single  duplicated report that documents its hiring practices
27    under this Act that shall be submitted both to the Department
28    of Labor and the Department of Human  Services.   The  report
29    shall  be  submitted  no  later than January 31 of each year.
30    The report shall set forth, for the previous  calendar  year,
31    for  each  covered contract, the calculations of total worker
32    hours and  covered  employee  hours  and  the  percentage  of
33    covered  employee  hours, and such other data and information
34    as may be required by rule.
HB2315 Engrossed            -13-               LRB9105421SMdv
 1        (f)  The Department of Labor shall collate the contractor
 2    reports and  shall  submit  a  report  to  the  minority  and
 3    majority  leaders of both chambers of the General Assembly no
 4    later than the first day of March  of  each  year,  with  the
 5    total worker hours, the total covered employee hours, and the
 6    percentage  of  hours  of  work  by  covered  employees.  The
 7    Department  of  Human  Services shall set forth the number of
 8    aid recipients who have closed their aid cases or  had  their
 9    aid reduced as a result of positions obtained under this Act,
10    and  shall  set  forth such other data and cost savings as it
11    deems appropriate.
12        (g)  The Department's summary reports shall be subject to
13    public inspection,  review and copying.

14        Section 905.  The Personnel Code  is  amended  by  adding
15    Section 8b.7-1 as follows:

16        (20 ILCS 415/8b.7-1 new)
17        Sec. 8b.7-1. Qualified aid recipient preference.  For the
18    granting  of preferences to "qualified aid recipients" within
19    the meaning of the Welfare to Work Act.  The preference shall
20    be given only after the application and provision of veterans
21    preferences under  Section  8b.7,  unless  the  applicant  is
22    subject  to preferences under both veterans and qualified aid
23    recipient designations, in which  case  those  persons  shall
24    take  precedence.   When  qualified  aid  recipients  are  on
25    eligible  lists  on  the  basis  of category rankings such as
26    superior,  excellent,  well-qualified,  and  qualified,  they
27    shall be preferred over nonveterans who are not qualified aid
28    recipients in the  same  category.   Notwithstanding  Section
29    8b.5,  when  a  list is prepared by numerical rankings, and a
30    qualified aid recipient is one of the top 3 candidates on the
31    basis of the numerical ranking, the qualified  aid  recipient
32    shall be appointed, unless one or two of the other candidates
HB2315 Engrossed            -14-               LRB9105421SMdv
 1    is a qualified veteran.

 2        Section 910.  The Illinois Procurement Code is amended by
 3    adding Section 45-70 as follows:

 4        (30 ILCS 500/45-70 new)
 5        Sec.  45-70.  Contracts  for personal services; qualified
 6    aid recipients.  All  contracts  for  personal  services,  as
 7    defined  under  Section 14 of the State Finance Act, shall be
 8    subject to  the  preference  of  "qualified  aid  recipients"
 9    within  the  meaning  of the Welfare to Work Act, over others
10    who are similarly qualified.

11        Section 999.  Effective date.  This Act takes effect upon
12    becoming law.

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