Sen. Melinda Bush
Filed: 4/4/2014
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1 | AMENDMENT TO SENATE BILL 217
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2 | AMENDMENT NO. ______. Amend Senate Bill 217 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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.
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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:
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5 | (820 ILCS 405/500) (from Ch. 48, par. 420)
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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:
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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
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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.
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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.
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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.
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4 | Nothing in this subsection shall limit
the Director's approval | ||||||
5 | of alternate methods of demonstrating an active
search for work
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6 | based on regular reporting to a trade union office.
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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.
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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
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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
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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.
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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.
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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.
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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:
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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
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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
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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
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|