093_HB2598eng
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1 AN ACT concerning guaranteed job opportunity projects.
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 Human Services.
10 "Eligible area" means a county or unit of general local
11 government that has a population of no more than 300,000.
12 (a) "Participant" means an individual who is determined
13 to be eligible under Section 25.
14 (b) "Project" means the definable task or group of tasks
15 which:
16 (1) will be carried out by a public agency, a
17 private nonprofit organization, a private contractor, or
18 a cooperative,
19 (2) (blank), will meet the requirements of
20 subsection (f) of Section 35,
21 (3) will result in a specific product or
22 accomplishment, and
23 (4) would not otherwise be conducted with existing
24 funds.
25 "Secretary" (c) "Director" means the Secretary of Human
26 Services Director of Labor.
27 (Source: P.A. 88-114.)
28 (20 ILCS 1510/15)
29 Sec. 15. Establishment of program. The Department may
30 issue grants for the operation of projects under this Act.
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1 The issuance of the grants is subject to the availability of
2 State or federal funds and at the discretion of the
3 Secretary. Grants shall be made and projects shall be
4 assisted under this Act only to the extent that funding from
5 federal sources is available for those purposes. From the
6 sums appropriated by the General Assembly for any fiscal
7 year, the Director shall make grants to Executive Councils
8 established in accordance with Section 20 for the purpose of
9 assisting local job projects which meet the requirements of
10 this Act. The General Assembly may appropriate funds for the
11 purposes of this Section from any appropriate State source or
12 from any appropriate federal source, regardless of which
13 State agency is the initial recipient of the federal funds.
14 (Source: P.A. 88-114.)
15 (20 ILCS 1510/25)
16 Sec. 25. Program eligibility.
17 (a) General Rule. An individual is eligible to
18 participate in the job projects assisted under this Act if
19 the individual:
20 (1) is at least 16 years of age;
21 (2) has resided in the eligible area for at least
22 30 days;
23 (3) has been unemployed for 35 days prior to the
24 determination of employment for job projects assisted
25 under this Act; and
26 (4) is a citizen of the United States, is a
27 national of the United States, is a lawfully admitted
28 permanent resident alien, is a lawfully admitted refugee
29 or parolee, or is otherwise authorized by the United
30 States Attorney General to work in the United States; and
31 (5) is a recipient of assistance under Article IV
32 of the Illinois Public Aid Code.
33 (b) Limitations.
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1 (1) (Blank). Not more than 2 individuals who
2 reside in any household may be eligible for a job
3 assisted under this Act.
4 (2) (Blank). No individual whose earned income for
5 the year preceding the year in which the determination of
6 employment under this Act is made is equal to or more
7 than $17,000, or who has a combined family income in the
8 year in which the determination of employment under this
9 Act is made which is equal to or more than $17,000 a
10 year, may be eligible for a job assisted under this Act.
11 (3) No individual participating in the job
12 opportunity project assisted under this Act may work in
13 any compensated job other than the job assisted under
14 this Act for more than 20 16 hours per week.
15 (4) Individuals Each individual participating in
16 the job project assisted under this Act shall
17 demonstrate, to the project manager of the job project
18 assisted under this Act shall, that the individual sought
19 employment in the private sector during the 35 days prior
20 to making application for employment under this Act and
21 will continue to seek employment during the period of
22 employment assisted under this Act.
23 (5) Any individual eligible for retirement benefits
24 under the Social Security Act, under any retirement
25 system for Federal Government employees, under the
26 railroad retirement system, under the military retirement
27 system, under a State or local government pension plan or
28 retirement system, or any private pension program is not
29 eligible to receive a job under a job project assisted
30 under this Act.
31 (Source: P.A. 88-114.)
32 (20 ILCS 1510/30)
33 Sec. 30. Testing and Education requirements. Any
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1 individual who has not completed high school and who
2 participates in a job project under this Act may enroll, if
3 appropriate, in and maintain satisfactory progress in a
4 secondary school or an adult basic education or GED program.
5 Any individual with limited English speaking ability may
6 participate, if appropriate, in an English as a Second
7 Language program.
8 (a) Testing. Each participant shall be tested for basic
9 reading and writing competence by the District Executive
10 Council prior to employment by a job project assisted under
11 this Act.
12 (b) Education Requirement.
13 (1) Each participant who fails to complete
14 satisfactorily the basic competency test required by
15 subsection (a) of this Section shall be furnished
16 counseling and instruction.
17 (2) Each participant in a job project assisted under
18 this Act shall, in order to continue employment, maintain
19 satisfactory progress toward and receive a secondary
20 school diploma or its equivalent.
21 (3) Each participant with limited English speaking
22 ability may be furnished instruction as the District
23 Executive Council deems appropriate.
24 (Source: P.A. 88-114.)
25 (20 ILCS 1510/35)
26 Sec. 35. Local Job Projects.
27 (a) General authority. The Department may accept
28 applications and issue grants for operation of projects under
29 this Act. Each District Executive Council shall select job
30 projects to be assisted under this Act. Each job project
31 selected for assistance shall provide employment to eligible
32 participants.
33 (b) Project Objection. Subject to appropriation, one
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1 small project may be selected to pilot a subsidized
2 employment to Temporary Assistance for Needy Families (TANF)
3 program for participants for a period of not more than 6
4 months. The selected projects shall demonstrate their ability
5 to move clients from participation in the project to
6 unsubsidized employment. The Department may refer TANF
7 participants to other subsidized employment programs
8 available through the Workforce Investment Act (WIA) One
9 Stops or through other community-based programs. No project
10 may be selected under this Section if an objection to the
11 project is filed by 2 representatives appointed under
12 subparagraph (A) of paragraph (3) of subsection (a) of
13 Section 20 or by 2 representatives appointed under
14 subparagraph (B) of paragraph (3) of subsection (a) of
15 Section 20.
16 (c) Political affiliation prohibited. No manager or
17 other officer or employee of a District Executive Council or
18 of the job project assisted under this Act may apply a
19 political affiliation test in selecting eligible
20 participation for employment in the project.
21 (d) Limitations.
22 (1) Not more than 10% of the total expenses in any
23 fiscal year of the job project may be used for
24 transportation and equipment.
25 (2) (Blank). Not more than 10% of the individuals
26 employed in any job project assisted under this Act may
27 be employed to supervise a project. Individuals selected
28 as supervisors may be selected without regard to the
29 provisions of Section 25 and may receive wages in excess
30 of the rate determined under Section 40. The limitation
31 on the ratio of supervisors to employees shall not apply
32 where more supervision of eligible participants will
33 contribute to carrying out the objectives of this Act.
34 (e) Minimum Maximum hours per week employed. No
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1 eligible participant employed in a job project assisted under
2 this Act may be employed on the project for less more than 30
3 32 hours per week.
4 (f) (Blank). Project Progress Reports. Each project
5 manager shall prepare and submit to the District Executive
6 Council monthly progress reports on the job project assisted
7 under this Act.
8 (Source: P.A. 88-114.)
9 (20 ILCS 1510/40)
10 Sec. 40. Benefits; supportive services; job clubs.
11 (a) Wages. Each eligible participant who is employed in
12 job projects assisted under this Act shall receive wages
13 equal to the higher of (1) the minimum wage under Section
14 6(a)(1) of the Fair Labor Standards Act of 1938 or, (2) the
15 minimum wage under the applicable minimum wage law, or (3)
16 the amount which the eligible participant received in welfare
17 benefits pursuant to the State plan approved under Part A of
18 Title IV of the Social Security Act or in the form of
19 unemployment compensation, if applicable, plus 10% of the
20 amount, whichever is higher.
21 (b) Benefits. Each eligible participant who is employed
22 in projects assisted under this Act shall be furnished
23 benefits and employment conditions comparable to the benefits
24 and conditions provided to other employees employed in
25 similar occupations by a comparable employer, but No
26 participant shall be eligible for unemployment compensation
27 during or on the basis of employment in a project.
28 (c) Supportive services. Each eligible participant who
29 is employed in projects assisted under this Act shall be
30 eligible for supportive services as provided under rules
31 developed by the Department, which may include
32 transportation, health care, special services and materials
33 for the handicapped, child care and other services which are
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1 necessary to enable the individual to participate.
2 (d) Job clubs. All participants shall participate in a
3 job club. The project shall operate or otherwise make
4 arrangements for each participant to participate in a job
5 club. Each District Executive Council shall establish for the
6 eligible area job clubs to assist eligible participants with
7 the preparation of resumes, the development of interviewing
8 techniques, evaluation of individual job search activities,
9 and economic education classes.
10 (Source: P.A. 88-114.)
11 (20 ILCS 1510/45)
12 Sec. 45. Labor standards applicable to job projects.
13 (a) Conditions of employment.
14 (1) Conditions of employment and training shall be
15 appropriate and reasonable in light of factors such as
16 the type of work, geographical region, and proficiency of
17 the participant.
18 (2) Health and safety standards established under
19 State and Federal law, otherwise applicable to working
20 conditions of employees, shall be equally applicable to
21 working conditions of participants. With respect to any
22 participant in a job project conducted under this Act who
23 is engaged in activities which are not covered by health
24 and safety standards under the Occupational Safety and
25 Health Act of 1970, the Director shall prescribe, by
26 regulation, standards as may be necessary to protect the
27 health and safety of a participant.
28 (3) No funds available under this Act may be used
29 for contributions on behalf of any participant to
30 retirement systems or plans.
31 (b) Displacement rules.
32 (1) No currently employed worker shall be displaced
33 by any participant, including partial displacement such
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1 as a reduction in the hours of nonovertime work, wages,
2 or employment benefits.
3 (2) No job project shall impair existing contracts
4 for services or collective bargaining agreements, except
5 that no job project under this Act which would be
6 inconsistent with the terms of a collective bargaining
7 agreement shall be undertaken without the written
8 concurrence of the labor organization and employer
9 concerned.
10 (3) No participant shall be employed or job opening
11 filled when any other individual is on layoff from the
12 same or any substantially equivalent job, or when the
13 employer has terminated the employment of any regular
14 employee or otherwise reduced its workforce with the
15 intention of filling the vacancy so created by hiring a
16 participant whose wages are subsidized under this Act.
17 (4) No jobs shall be created in a promotional line
18 that will infringe in any way upon the promotional
19 opportunities of currently employed individuals.
20 (Source: P.A. 88-114.)
21 (20 ILCS 1510/50)
22 Sec. 50. Nondiscrimination.
23 (a) General rule.
24 (1) Discrimination on the basis of age, on the
25 basis of handicap, on the basis of sex, or on the basis
26 of race, color, or national origin is prohibited.
27 (2) No individual shall be excluded from
28 participation in, denied the benefits of, subjected to
29 discrimination under, or denied employment in the
30 administration of or in connection with any project
31 because of race, color, religion, sex, national origin,
32 age, handicap, or political affiliation or belief.
33 (3) (Blank). No participant shall be employed on
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1 the construction, operation, or maintenance of any
2 facility used or to be used for sectarian instruction or
3 as a place for religious worship.
4 (4) With respect to terms and conditions affecting,
5 or rights provided to, individuals who are participants
6 in activities supported by funds provided under this Act,
7 the individuals shall not be discriminated against solely
8 because of their status as the participants.
9 (b) (Blank). Failure To Comply With Rules. Whenever
10 the Director finds that a recipient has failed to comply with
11 subsection (a) of this Section, or with an applicable
12 regulation prescribed to carry out this Section, the Director
13 shall notify the recipient and shall request compliance. If
14 within a reasonable period of time, not to exceed 60 days,
15 the recipient fails or refuses to comply, the Director may
16 (1) refer the matter to the Attorney General with a
17 recommendation that an appropriate civil action be
18 instituted, or (2) take other action as may be provided by
19 law.
20 (c) (Blank). Referral to Attorney General. When a
21 matter is referred to the Attorney General pursuant to
22 paragraph (1) of subsection (b), or whenever the Attorney
23 General has reason to believe that a recipient is engaged in
24 a pattern or practice in violation of subsection (a), the
25 Attorney General may bring a civil action in any appropriate
26 court of the State of Illinois for relief as may be
27 appropriate, including injunctive relief.
28 (Source: P.A. 88-114.)
29 (20 ILCS 1510/55)
30 Sec. 55. Evaluation. The project Each District
31 Executive Council shall establish and maintain a an
32 evaluation file for each individual employed in a project
33 assisted under this Act. These files shall be available to
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1 the Department upon request. The evaluation file shall be
2 made available to the participant monthly and shall not be
3 available to any other person without the consent of the
4 employee. In carrying out the provisions of this Section,
5 each Council shall assure that the participant will be
6 afforded the opportunity to discuss any matter contained in,
7 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.