093_HB0696enr
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1 AN ACT concerning human services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Guaranteed Job Opportunity Act
5 is amended by changing Sections 10, 15, 25, 30, 35, 40, 45,
6 50, 55, and 65 as follows:
7 (20 ILCS 1510/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Department" means the Department of Commerce and
10 Community Affairs.
11 "Eligible area" means a county, township, municipality,
12 or ward or precinct of a municipality.
13 (a) "Participant" means an individual who is determined
14 to be eligible under Section 25.
15 (b) "Project" means the definable task or group of tasks
16 which:
17 (1) will be carried out by a public agency, a
18 private nonprofit organization, a private contractor, or
19 a cooperative,
20 (2) (blank), will meet the requirements of
21 subsection (f) of Section 35,
22 (3) will result in a specific product or
23 accomplishment, and
24 (4) would not otherwise be conducted with existing
25 funds.
26 (c) "Director" means the Director of Commerce and
27 Community Affairs Director of Labor.
28 (Source: P.A. 88-114.)
29 (20 ILCS 1510/15)
30 Sec. 15. Establishment of program. The Department may
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1 issue grants for the operation of projects under this Act.
2 The issuance of the grants is subject to the availability of
3 State or federal funds and at the discretion of the Director.
4 Grants shall be made and projects shall be assisted under
5 this Act only to the extent that funding from federal sources
6 is available for those purposes. From the sums appropriated
7 by the General Assembly for any fiscal year, the Director
8 shall make grants to Executive Councils established in
9 accordance with Section 20 for the purpose of assisting local
10 job projects which meet the requirements of this Act. The
11 General Assembly may appropriate funds for the purposes of
12 this Section from any appropriate State source or from any
13 appropriate federal source, regardless of which State agency
14 is the initial recipient of the federal funds.
15 (Source: P.A. 88-114.)
16 (20 ILCS 1510/25)
17 Sec. 25. Program eligibility.
18 (a) General Rule. An individual is eligible to
19 participate in the job projects assisted under this Act if
20 the individual:
21 (1) is at least 16 years of age;
22 (2) has resided in the eligible area for at least
23 30 days;
24 (3) has been unemployed for 35 days prior to the
25 determination of employment for job projects assisted
26 under this Act; and
27 (4) is a citizen of the United States, is a
28 national of the United States, is a lawfully admitted
29 permanent resident alien, is a lawfully admitted refugee
30 or parolee, or is otherwise authorized by the United
31 States Attorney General to work in the United States; and
32 (5) is a recipient of assistance under Article IV
33 of the Illinois Public Aid Code.
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1 (b) Limitations.
2 (1) (Blank). Not more than 2 individuals who
3 reside in any household may be eligible for a job
4 assisted under this Act.
5 (2) (Blank). No individual whose earned income for
6 the year preceding the year in which the determination of
7 employment under this Act is made is equal to or more
8 than $17,000, or who has a combined family income in the
9 year in which the determination of employment under this
10 Act is made which is equal to or more than $17,000 a
11 year, may be eligible for a job assisted under this Act.
12 (3) No individual participating in the job
13 opportunity project assisted under this Act may work in
14 any compensated job other than the job assisted under
15 this Act for more than 20 16 hours per week.
16 (4) Individuals Each individual participating in
17 the job project assisted under this Act shall
18 demonstrate, to the project manager of the job project
19 assisted under this Act shall, that the individual sought
20 employment in the private sector during the 35 days prior
21 to making application for employment under this Act and
22 will continue to seek employment during the period of
23 employment assisted under this Act.
24 (5) Any individual eligible for retirement benefits
25 under the Social Security Act, under any retirement
26 system for Federal Government employees, under the
27 railroad retirement system, under the military retirement
28 system, under a State or local government pension plan or
29 retirement system, or any private pension program is not
30 eligible to receive a job under a job project assisted
31 under this Act.
32 (Source: P.A. 88-114.)
33 (20 ILCS 1510/30)
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1 Sec. 30. Testing and Education requirements. Any
2 individual who has not completed high school and who
3 participates in a job project under this Act may enroll, if
4 appropriate, in and maintain satisfactory progress in a
5 secondary school or an adult basic education or GED program.
6 Any individual with limited English speaking ability may
7 participate, if appropriate, in an English as a Second
8 Language program.
9 (a) Testing. Each participant shall be tested for basic
10 reading and writing competence by the District Executive
11 Council prior to employment by a job project assisted under
12 this Act.
13 (b) Education Requirement.
14 (1) Each participant who fails to complete
15 satisfactorily the basic competency test required by
16 subsection (a) of this Section shall be furnished
17 counseling and instruction.
18 (2) Each participant in a job project assisted under
19 this Act shall, in order to continue employment, maintain
20 satisfactory progress toward and receive a secondary
21 school diploma or its equivalent.
22 (3) Each participant with limited English speaking
23 ability may be furnished instruction as the District
24 Executive Council deems appropriate.
25 (Source: P.A. 88-114.)
26 (20 ILCS 1510/35)
27 Sec. 35. Local Job Projects.
28 (a) General authority. The Department may accept
29 applications and issue grants for operation of projects under
30 this Act. Each District Executive Council shall select job
31 projects to be assisted under this Act. Each job project
32 selected for assistance shall provide employment to eligible
33 participants.
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1 (b) Project Objection. Subject to appropriation, no more
2 than 3 small projects may be selected to pilot a subsidized
3 employment to Temporary Assistance for Needy Families (TANF)
4 program for participants for a period of not more than 6
5 months. The selected projects shall demonstrate their ability
6 to move clients from participation in the project to
7 unsubsidized employment. The Department may refer TANF
8 participants to other subsidized employment programs
9 available through the Workforce Investment Act (WIA) One
10 Stops or through other community-based programs. No project
11 may be selected under this Section if an objection to the
12 project is filed by 2 representatives appointed under
13 subparagraph (A) of paragraph (3) of subsection (a) of
14 Section 20 or by 2 representatives appointed under
15 subparagraph (B) of paragraph (3) of subsection (a) of
16 Section 20.
17 (c) Political affiliation prohibited. No manager or
18 other officer or employee of a District Executive Council or
19 of the job project assisted under this Act may apply a
20 political affiliation test in selecting eligible
21 participation for employment in the project.
22 (d) Limitations.
23 (1) Not more than 10% of the total expenses in any
24 fiscal year of the job project may be used for
25 transportation and equipment.
26 (2) (Blank). Not more than 10% of the individuals
27 employed in any job project assisted under this Act may
28 be employed to supervise a project. Individuals selected
29 as supervisors may be selected without regard to the
30 provisions of Section 25 and may receive wages in excess
31 of the rate determined under Section 40. The limitation
32 on the ratio of supervisors to employees shall not apply
33 where more supervision of eligible participants will
34 contribute to carrying out the objectives of this Act.
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1 (e) Minimum Maximum hours per week employed. No
2 eligible participant employed in a job project assisted under
3 this Act may be employed on the project for less more than 30
4 32 hours per week.
5 (f) (Blank). Project Progress Reports. Each project
6 manager shall prepare and submit to the District Executive
7 Council monthly progress reports on the job project assisted
8 under this Act.
9 (Source: P.A. 88-114.)
10 (20 ILCS 1510/40)
11 Sec. 40. Benefits; supportive services; job clubs.
12 (a) Wages. Each eligible participant who is employed in
13 job projects assisted under this Act shall receive wages
14 equal to the higher of (1) the minimum wage under Section
15 6(a)(1) of the Fair Labor Standards Act of 1938 or, (2) the
16 minimum wage under the applicable minimum wage law, or (3)
17 the amount which the eligible participant received in welfare
18 benefits pursuant to the State plan approved under Part A of
19 Title IV of the Social Security Act or in the form of
20 unemployment compensation, if applicable, plus 10% of the
21 amount, whichever is higher.
22 (b) Benefits. Each eligible participant who is employed
23 in projects assisted under this Act shall be furnished
24 benefits and employment conditions comparable to the benefits
25 and conditions provided to other employees employed in
26 similar occupations by a comparable employer, but No
27 participant shall be eligible for unemployment compensation
28 during or on the basis of employment in a project.
29 (c) Supportive services. Each eligible participant who
30 is employed in projects assisted under this Act shall be
31 eligible for supportive services as provided under rules
32 developed by the Department, which may include
33 transportation, health care, special services and materials
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1 for the handicapped, child care and other services which are
2 necessary to enable the individual to participate.
3 (d) Job clubs. All participants shall participate in a
4 job club. The project shall operate or otherwise make
5 arrangements for each participant to participate in a job
6 club. Each District Executive Council shall establish for the
7 eligible area job clubs to assist eligible participants with
8 the preparation of resumes, the development of interviewing
9 techniques, evaluation of individual job search activities,
10 and economic education classes.
11 (Source: P.A. 88-114.)
12 (20 ILCS 1510/45)
13 Sec. 45. Labor standards applicable to job projects.
14 (a) Conditions of employment.
15 (1) Conditions of employment and training shall be
16 appropriate and reasonable in light of factors such as
17 the type of work, geographical region, and proficiency of
18 the participant.
19 (2) Health and safety standards established under
20 State and Federal law, otherwise applicable to working
21 conditions of employees, shall be equally applicable to
22 working conditions of participants. With respect to any
23 participant in a job project conducted under this Act who
24 is engaged in activities which are not covered by health
25 and safety standards under the Occupational Safety and
26 Health Act of 1970, the Director shall prescribe, by
27 regulation, standards as may be necessary to protect the
28 health and safety of a participant.
29 (3) No funds available under this Act may be used
30 for contributions on behalf of any participant to
31 retirement systems or plans.
32 (b) Displacement rules.
33 (1) No currently employed worker shall be displaced
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1 by any participant, including partial displacement such
2 as a reduction in the hours of nonovertime work, wages,
3 or employment benefits.
4 (2) No job project shall impair existing contracts
5 for services or collective bargaining agreements, except
6 that no job project under this Act which would be
7 inconsistent with the terms of a collective bargaining
8 agreement shall be undertaken without the written
9 concurrence of the labor organization and employer
10 concerned.
11 (3) No participant shall be employed or job opening
12 filled when any other individual is on layoff from the
13 same or any substantially equivalent job, or when the
14 employer has terminated the employment of any regular
15 employee or otherwise reduced its workforce with the
16 intention of filling the vacancy so created by hiring a
17 participant whose wages are subsidized under this Act.
18 (4) No jobs shall be created in a promotional line
19 that will infringe in any way upon the promotional
20 opportunities of currently employed individuals.
21 (Source: P.A. 88-114.)
22 (20 ILCS 1510/50)
23 Sec. 50. Nondiscrimination.
24 (a) General rule.
25 (1) Discrimination on the basis of age, on the
26 basis of handicap, on the basis of sex, or on the basis
27 of race, color, or national origin is prohibited.
28 (2) No individual shall be excluded from
29 participation in, denied the benefits of, subjected to
30 discrimination under, or denied employment in the
31 administration of or in connection with any project
32 because of race, color, religion, sex, national origin,
33 age, handicap, or political affiliation or belief.
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1 (3) (Blank). No participant shall be employed on
2 the construction, operation, or maintenance of any
3 facility used or to be used for sectarian instruction or
4 as a place for religious worship.
5 (4) With respect to terms and conditions affecting,
6 or rights provided to, individuals who are participants
7 in activities supported by funds provided under this Act,
8 the individuals shall not be discriminated against solely
9 because of their status as the participants.
10 (b) (Blank). Failure To Comply With Rules. Whenever
11 the Director finds that a recipient has failed to comply with
12 subsection (a) of this Section, or with an applicable
13 regulation prescribed to carry out this Section, the Director
14 shall notify the recipient and shall request compliance. If
15 within a reasonable period of time, not to exceed 60 days,
16 the recipient fails or refuses to comply, the Director may
17 (1) refer the matter to the Attorney General with a
18 recommendation that an appropriate civil action be
19 instituted, or (2) take other action as may be provided by
20 law.
21 (c) (Blank). Referral to Attorney General. When a
22 matter is referred to the Attorney General pursuant to
23 paragraph (1) of subsection (b), or whenever the Attorney
24 General has reason to believe that a recipient is engaged in
25 a pattern or practice in violation of subsection (a), the
26 Attorney General may bring a civil action in any appropriate
27 court of the State of Illinois for relief as may be
28 appropriate, including injunctive relief.
29 (Source: P.A. 88-114.)
30 (20 ILCS 1510/55)
31 Sec. 55. Evaluation. Each project District Executive
32 Council shall establish and maintain a an evaluation file for
33 each individual employed in a project assisted under this
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1 Act. These files shall be available to the Department upon
2 request. The evaluation file shall be made available to the
3 participant monthly and shall not be available to any other
4 person without the consent of the employee. In carrying out
5 the provisions of this Section, each Council shall assure
6 that the participant will be afforded the opportunity to
7 discuss any matter contained in, or omitted from, the file.
8 (Source: P.A. 88-114.)
9 (20 ILCS 1510/65)
10 Sec. 65. Evaluation. The Department shall conduct an
11 evaluation of the success of the projects funded under this
12 Act. Each project shall cooperate with the Department in the
13 collection of any data needed for the evaluation.
14 Administration.
15 (a) Accepting Property For Use Under This Act. The
16 Director is authorized, in carrying out this Act, to accept,
17 purchase, or lease in the name of the Department, and employ
18 or dispose of in furtherance of the purpose of this Act, any
19 money or property, real, personal, or mixed, tangible or
20 intangible, received by gift, devise, bequest, or otherwise,
21 and to accept voluntary and uncompensated services.
22 (b) General Administrative Authority. The Director may
23 make grants, contracts, or agreements, establish procedures
24 and make payments, in installments, in advance or by way of
25 reimbursement, or otherwise allocate or expend funds under
26 this Act as necessary to carry out this Act, including
27 expenditures for construction, repairs, and capital
28 improvements, and including necessary adjustments in payments
29 on account of overpayments or underpayments.
30 (c) Waiver Authority. The Director may waive:
31 (1) the testing requirement for individuals with
32 handicaps;
33 (2) the education requirement in paragraph (2) of
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1 subsection (b) of Section 30; and
2 (3) subject to a 2/3 vote of each District
3 Executive Council, the requirement relating to a 32-hour
4 work week under subsection (e) of Section 35 for unusual
5 circumstances.
6 (d) Report. The Director shall prepare and submit to
7 the General Assembly an annual report on the administration
8 of this Act. The Director shall include the following in the
9 report:
10 (1) a summary of the achievements, failures, and
11 problems of the programs authorized in this Act in
12 meeting the objective of this Act; and
13 (2) recommendations, including recommendations for
14 legislative or administrative action, as the Director
15 deems appropriate.
16 (e) Audit. The Auditor General of the State of Illinois
17 and any authorized representatives shall have access for the
18 purpose of audit and examination to any books, documents,
19 papers, and records, of any recipient under this Act that are
20 pertinent to the amounts received and disbursed under this
21 Act.
22 (f) Adoption of rules. The Director may adopt
23 appropriate rules to carry out this Act.
24 (Source: P.A. 88-114.)
25 (20 ILCS 1510/20 rep.)
26 (20 ILCS 1510/60 rep.)
27 Section 10. The Illinois Guaranteed Job Opportunity Act
28 is amended by repealing Sections 20 and 60.
29 Section 99. Effective date. This Act takes effect July
30 1, 2003.