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
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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
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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
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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.)
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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
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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
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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
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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
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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
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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
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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.)
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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.".