SB3010 EngrossedLRB099 16364 HLH 40696 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Sections 2.01 and 7 as follows:
 
6    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
7    Sec. 2.01. All meetings required by this Act to be public
8shall be held at specified times and places which are
9convenient and open to the public. No meeting required by this
10Act to be public shall be held on a legal holiday unless the
11regular meeting day falls on that holiday.
12    A quorum of members of a public body must be physically
13present at the location of an open meeting. If, however, an
14open meeting of a public body (i) with statewide jurisdiction,
15(ii) that is an Illinois library system with jurisdiction over
16a specific geographic area of more than 4,500 square miles,
17(iii) that is a municipal transit district with jurisdiction
18over a specific geographic area of more than 4,500 square
19miles, or (iv) that is a local workforce investment area with
20jurisdiction over a specific geographic area of more than 4,500
21square miles is held simultaneously at one of its offices and
22one or more other locations in a public building, which may
23include other of its offices, through an interactive video

 

 

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1conference and the public body provides public notice and
2public access as required under this Act for all locations,
3then members physically present in those locations all count
4towards determining a quorum. "Public building", as used in
5this Section, means any building or portion thereof owned or
6leased by any public body. The requirement that a quorum be
7physically present at the location of an open meeting shall not
8apply, however, to State advisory boards or bodies that do not
9have authority to make binding recommendations or
10determinations or to take any other substantive action.
11    A quorum of members of a public body that is not (i) a
12public body with statewide jurisdiction, (ii) an Illinois
13library system with jurisdiction over a specific geographic
14area of more than 4,500 square miles, (iii) a municipal transit
15district with jurisdiction over a specific geographic area of
16more than 4,500 square miles, or (iv) a local workforce
17investment area with jurisdiction over a specific geographic
18area of more than 4,500 square miles must be physically present
19at the location of a closed meeting. Other members who are not
20physically present at a closed meeting of such a public body
21may participate in the meeting by means of a video or audio
22conference. For the purposes of this Section, "local workforce
23investment area" means any local workforce investment area or
24areas designated by the Governor pursuant to the federal
25Workforce Innovation and Opportunity Act Workforce Investment
26Act of 1998 or its reauthorizing legislation.

 

 

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1(Source: P.A. 98-992, eff. 8-18-14.)
 
2    (5 ILCS 120/7)
3    Sec. 7. Attendance by a means other than physical presence.
4    (a) If a quorum of the members of the public body is
5physically present as required by Section 2.01, a majority of
6the public body may allow a member of that body to attend the
7meeting by other means if the member is prevented from
8physically attending because of: (i) personal illness or
9disability; (ii) employment purposes or the business of the
10public body; or (iii) a family or other emergency. "Other
11means" is by video or audio conference.
12    (b) If a member wishes to attend a meeting by other means,
13the member must notify the recording secretary or clerk of the
14public body before the meeting unless advance notice is
15impractical.
16    (c) A majority of the public body may allow a member to
17attend a meeting by other means only in accordance with and to
18the extent allowed by rules adopted by the public body. The
19rules must conform to the requirements and restrictions of this
20Section, may further limit the extent to which attendance by
21other means is allowed, and may provide for the giving of
22additional notice to the public or further facilitate public
23access to meetings.
24    (d) The limitations of this Section shall not apply to (i)
25closed meetings of (A) public bodies with statewide

 

 

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1jurisdiction, (B) Illinois library systems with jurisdiction
2over a specific geographic area of more than 4,500 square
3miles, (C) municipal transit districts with jurisdiction over a
4specific geographic area of more than 4,500 square miles, or
5(D) local workforce investment areas with jurisdiction over a
6specific geographic area of more than 4,500 square miles or
7(ii) open or closed meetings of State advisory boards or bodies
8that do not have authority to make binding recommendations or
9determinations or to take any other substantive action. State
10advisory boards or bodies, public bodies with statewide
11jurisdiction, Illinois library systems with jurisdiction over
12a specific geographic area of more than 4,500 square miles,
13municipal transit districts with jurisdiction over a specific
14geographic area of more than 4,500 square miles, and local
15workforce investment areas with jurisdiction over a specific
16geographic area of more than 4,500 square miles, however, may
17permit members to attend meetings by other means only in
18accordance with and to the extent allowed by specific
19procedural rules adopted by the body. For the purposes of this
20Section, "local workforce investment area" means any local
21workforce investment area or areas designated by the Governor
22pursuant to the federal Workforce Innovation and Opportunity
23Act Workforce Investment Act of 1998 or its reauthorizing
24legislation.
25(Source: P.A. 98-992, eff. 8-18-14.)
 

 

 

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1    Section 10. The Civil Administrative Code of Illinois is
2amended by changing Section 5-550 as follows:
 
3    (20 ILCS 5/5-550)  (was 20 ILCS 5/6.23)
4    Sec. 5-550. In the Department of Human Services. A State
5Rehabilitation Council, hereinafter referred to as the
6Council, is hereby established for the purpose of complying
7with the requirements of 34 CFR 361.16 and advising the
8Secretary of Human Services and the vocational rehabilitation
9administrator of the provisions of the federal Rehabilitation
10Act of 1973 and the Americans with Disabilities Act of 1990 in
11matters concerning individuals with disabilities and the
12provision of vocational rehabilitation services. The Council
13shall consist of members appointed by the Governor after
14soliciting recommendations from organizations representing a
15broad range of individuals with disabilities and organizations
16interested in individuals with disabilities. However, the
17Governor may delegate his appointing authority under this
18Section to the Council by executive order.
19    The Council shall consist of the following appointed
20members:
21        (1) One representative of a parent training center
22    established in accordance with the federal Individuals
23    with Disabilities Education Act.
24        (2) One representative of the Client Assistance
25    Program.

 

 

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1        (3) One vocational rehabilitation counselor who has
2    knowledge of and experience with vocational rehabilitation
3    programs. If an employee of the Department of Human
4    Services is appointed under this item, then he or she shall
5    serve as an ex officio, nonvoting member.
6        (4) One representative of community rehabilitation
7    program service providers.
8        (5) Four representatives of business, industry, and
9    labor.
10        (6) At least two but not more than five representatives
11    of disability advocacy groups representing a cross section
12    of the following:
13            (A) individuals with physical, cognitive, sensory,
14        and mental disabilities; and
15            (B) parents, family members, guardians, advocates,
16        or authorized representative of individuals with
17        disabilities who have difficulty in representing
18        themselves or who are unable, due to their
19        disabilities, to represent themselves.
20        (7) One current or former applicant for, or recipient
21    of, vocational rehabilitation services.
22        (8) One representative from secondary or higher
23    education.
24        (9) One representative of the State Workforce
25    Innovation Investment Board.
26        (10) One representative of the Illinois State Board of

 

 

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1    Education who is knowledgeable about the Individuals with
2    Disabilities Education Act.
3        (11) The chairperson of, or a member designated by, the
4    Statewide Independent Living Council established under
5    Section 12a of the Rehabilitation of Persons with
6    Disabilities Act.
7        (12) The chairperson of, or a member designated by, the
8    Blind Services Planning Council established under Section
9    7 of the Bureau for the Blind Act.
10        (13) The vocational rehabilitation administrator, as
11    defined in Section 1b of the Rehabilitation of Persons with
12    Disabilities Act, who shall serve as an ex officio,
13    nonvoting member.
14    The Council shall select a Chairperson.
15    The Chairperson and a majority of the members of the
16Council shall be persons who are individuals with disabilities.
17At least one member shall be a senior citizen age 60 or over,
18and at least one member shall be at least 18 but not more than
1925 years old. A majority of the Council members shall not be
20employees of the Department of Human Services.
21    Members appointed to the Council for full terms on or after
22the effective date of this amendatory Act of the 98th General
23Assembly shall be appointed for terms of 3 years. No Council
24member, other than the vocational rehabilitation administrator
25and the representative of the Client Assistance Program, shall
26serve for more than 2 consecutive terms as a representative of

 

 

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1one of the 13 enumerated categories. If an individual, other
2than the vocational rehabilitation administrator and the
3representative of the Client Assistance Program, has completed
42 consecutive terms and is eligible to seek appointment as a
5representative of one of the other enumerated categories, then
6that individual may be appointed to serve as a representative
7of one of those other enumerated categories after a meaningful
8break in Council service, as defined by the Council through its
9by-laws.
10    Vacancies for unexpired terms shall be filled. Individuals
11appointed by the appointing authority to fill an unexpired term
12shall complete the remainder of the vacated term. When the
13initial term of a person appointed to fill a vacancy is
14completed, the individual appointed to fill that vacancy may be
15re-appointed by the appointing authority to the vacated
16position for one subsequent term.
17    If an excessive number of expired terms and vacated terms
18combine to place an undue burden on the Council, the appointing
19authority may appoint members for terms of 1, 2, or 3 years.
20The appointing authority shall determine the terms of Council
21members to ensure the number of terms expiring each year is as
22close to equal as possible.
23    Notwithstanding the foregoing, a member who is serving on
24the Council on the effective date of this amendatory Act of the
2598th General Assembly and whose term expires as a result of the
26changes made by this amendatory Act of the 98th General

 

 

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1Assembly may complete the unexpired portion of his or her term.
2    Members shall be reimbursed in accordance with State laws,
3rules, and rates for expenses incurred in the performance of
4their approved, Council-related duties, including expenses for
5travel, child care, or personal assistance services. A member
6who is not employed or who must forfeit wages from other
7employment may be paid reasonable compensation, as determined
8by the Department, for each day the member is engaged in
9performing approved duties of the Council.
10    The Council shall meet at least 4 times per year at times
11and places designated by the Chairperson upon 10 days written
12notice to the members. Special meetings may be called by the
13Chairperson or 7 members of the Council upon 7 days written
14notice to the other members. Nine members shall constitute a
15quorum. No member of the Council shall cast a vote on any
16matter that would provide direct financial benefit to the
17member or otherwise give the appearance of a conflict of
18interest under Illinois law.
19    The Council shall prepare and submit to the vocational
20rehabilitation administrator the reports and findings that the
21vocational rehabilitation administrator may request or that
22the Council deems fit. The Council shall select jointly with
23the vocational rehabilitation administrator a pool of
24qualified persons to serve as impartial hearing officers. The
25Council shall, with the vocational rehabilitation unit in the
26Department, jointly develop, agree to, and review annually

 

 

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1State goals and priorities and jointly submit annual reports of
2progress to the federal Commissioner of the Rehabilitation
3Services Administration.
4    To the extent that there is a disagreement between the
5Council and the unit within the Department of Human Services
6responsible for the administration of the vocational
7rehabilitation program, regarding the resources necessary to
8carry out the functions of the Council as set forth in this
9Section, the disagreement shall be resolved by the Governor.
10(Source: P.A. 98-76, eff. 7-15-13; 99-143, eff. 7-27-15.)
 
11    Section 15. The Department of Commerce and Economic
12Opportunity Law of the Civil Administrative Code of Illinois is
13amended by changing Section 605-750 as follows:
 
14    (20 ILCS 605/605-750)
15    Sec. 605-750. Posting requirements; Illinois Workforce
16Innovation Investment Board. The Department must comply with
17the Internet posting requirements set forth in Section 7.2 of
18the Illinois Workforce Innovation Investment Board Act. The
19information must be posted on the Department's Internet website
20no later than 30 days after the Department receives the
21information from the Illinois Workforce Innovation Investment
22Board.
23(Source: P.A. 97-356, eff. 1-1-12.)
 

 

 

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1    Section 20. The Illinois Emergency Employment Development
2Act is amended by changing Section 2 as follows:
 
3    (20 ILCS 630/2)  (from Ch. 48, par. 2402)
4    Sec. 2. For the purposes of this Act, the following words
5have the meanings ascribed to them in this Section.
6    (a) "Advisory Committee" means the 21st Century Workforce
7Development Fund Advisory Committee, established under the
821st Century Workforce Development Fund Act.
9    (b) "Coordinator" means the Illinois Emergency Employment
10Development Coordinator appointed under Section 3.
11    (c) "Department" means the Illinois Department of Commerce
12and Economic Opportunity.
13    (d) "Director" means the Director of Commerce and Economic
14Opportunity.
15    (e) "Eligible business" means a for-profit business.
16    (f) "Eligible employer" means an eligible nonprofit
17agency, or an eligible business.
18    (g) "Eligible job applicant" means a person who (1) has
19been a resident of this State for at least one year; and (2) is
20unemployed; and (3) is not receiving and is not qualified to
21receive unemployment compensation or workers' compensation;
22and (4) is determined by the employment administrator to be
23likely to be available for employment by an eligible employer
24for the duration of the job.
25    (h) "Eligible nonprofit agency" means an organization

 

 

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1exempt from taxation under the Internal Revenue Code of 1954,
2Section 501(c)(3).
3    (i) "Employment administrator" means the administrative
4entity designated by the Coordinator, and approved by the
5Advisory Committee, to administer the provisions of this Act in
6each service delivery area. With approval of the Advisory
7Committee, the Coordinator may designate an administrative
8entity authorized under the Workforce Innovation and
9Opportunity Act Workforce Investment Act or private, public, or
10non-profit entities that have proven effectiveness in
11providing training, workforce development, and job placement
12services to low-income individuals.
13    (j) "Fringe benefits" means all non-salary costs for each
14person employed under the program, including, but not limited
15to, workers compensation, unemployment insurance, and health
16benefits, as would be provided to non-subsidized employees
17performing similar work.
18    (k) "Household" means a group of persons living at the same
19residence consisting of, at a maximum, spouses and the minor
20children of each.
21    (l) "Program" means the Illinois Emergency Employment
22Development Program created by this Act consisting of new job
23creation in the private sector.
24    (m) "Service delivery area" means an area designated as a
25Local Workforce Investment Area by the State.
26    (n) "Workforce Innovation and Opportunity Act" "Workforce

 

 

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1Investment Act" means the federal Workforce Innovation and
2Opportunity Act Workforce Investment Act of 1998, any
3amendments to that Act, and any other applicable federal
4statutes.
5(Source: P.A. 97-581, eff. 8-26-11.)
 
6    Section 25. The Department of Employment Security Law of
7the Civil Administrative Code of Illinois is amended by
8changing Section 1005-155 as follows:
 
9    (20 ILCS 1005/1005-155)
10    Sec. 1005-155. Illinois Employment and Training Centers
11report. The Department of Employment Security, or the State
12agency responsible for the oversight of the federal Workforce
13Innovation and Opportunity Act Workforce Investment Act of 1998
14if that agency is not the Department of Employment Security,
15shall prepare a report for the Governor and the General
16Assembly regarding the progress of the Illinois Employment and
17Training Centers in serving individuals with disabilities. The
18report must include, but is not limited to, the following: (i)
19the number of individuals referred to the Illinois Employment
20and Training Centers by the Department of Human Services Office
21of Rehabilitation Services; (ii) the total number of
22individuals with disabilities served by the Illinois
23Employment and Training Centers; (iii) the number of
24individuals with disabilities served in federal Workforce

 

 

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1Innovation and Opportunity Act Workforce Investment Act of 1998
2employment and training programs; (iv) the number of
3individuals with disabilities annually placed in jobs by the
4Illinois Employment and Training Centers; and (v) the number of
5individuals with disabilities referred by the Illinois
6Employment and Training Centers to the Department of Human
7Services Office of Rehabilitation Services. The report is due
8by December 31, 2004 based on the previous State program year
9of July 1 through June 30, and is due annually thereafter.
10"Individuals with disabilities" are defined as those who
11self-report as being qualified as disabled under the 1973
12Rehabilitation Act or the 1990 Americans with Disabilities Act,
13for the purposes of this Law.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    Section 30. The Illinois Guaranteed Job Opportunity Act is
16amended by changing Section 35 as follows:
 
17    (20 ILCS 1510/35)
18    Sec. 35. Local Job Projects.
19    (a) General authority. The Department may accept
20applications and issue grants for operation of projects under
21this Act.
22    (b) Project. Subject to appropriation, no more than 3 small
23projects may be selected to pilot a subsidized employment to
24Temporary Assistance for Needy Families (TANF) program for

 

 

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1participants for a period of not more than 6 months. The
2selected projects shall demonstrate their ability to move
3clients from participation in the project to unsubsidized
4employment. The Department may refer TANF participants to other
5subsidized employment programs available through the federal
6Workforce Innovation and Opportunity Act Workforce Investment
7Act (WIA) One Stops or through other community-based programs.
8    (c) Political affiliation prohibited. No manager or other
9officer or employee of the job project assisted under this Act
10may apply a political affiliation test in selecting eligible
11participation for employment in the project.
12    (d) Limitations.
13        (1) Not more than 10% of the total expenses in any
14    fiscal year of the job project may be used for
15    transportation and equipment.
16        (2) (Blank).
17    (e) Minimum hours per week employed. No eligible
18participant employed in a job project assisted under this Act
19may be employed on the project for less than 30 hours per week.
20    (f) (Blank).
21(Source: P.A. 93-46, eff. 7-1-03.)
 
22    Section 35. The Rehabilitation of Persons with
23Disabilities Act is amended by changing Section 3 as follows:
 
24    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)

 

 

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1    Sec. 3. Powers and duties. The Department shall have the
2powers and duties enumerated herein:
3    (a) To co-operate with the federal government in the
4administration of the provisions of the federal Rehabilitation
5Act of 1973, as amended, of the Workforce Innovation and
6Opportunity Act Workforce Investment Act of 1998, and of the
7federal Social Security Act to the extent and in the manner
8provided in these Acts.
9    (b) To prescribe and supervise such courses of vocational
10training and provide such other services as may be necessary
11for the habilitation and rehabilitation of persons with one or
12more disabilities, including the administrative activities
13under subsection (e) of this Section, and to co-operate with
14State and local school authorities and other recognized
15agencies engaged in habilitation, rehabilitation and
16comprehensive rehabilitation services; and to cooperate with
17the Department of Children and Family Services regarding the
18care and education of children with one or more disabilities.
19    (c) (Blank).
20    (d) To report in writing, to the Governor, annually on or
21before the first day of December, and at such other times and
22in such manner and upon such subjects as the Governor may
23require. The annual report shall contain (1) a statement of the
24existing condition of comprehensive rehabilitation services,
25habilitation and rehabilitation in the State; (2) a statement
26of suggestions and recommendations with reference to the

 

 

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1development of comprehensive rehabilitation services,
2habilitation and rehabilitation in the State; and (3) an
3itemized statement of the amounts of money received from
4federal, State and other sources, and of the objects and
5purposes to which the respective items of these several amounts
6have been devoted.
7    (e) (Blank).
8    (f) To establish a program of services to prevent the
9unnecessary institutionalization of persons in need of long
10term care and who meet the criteria for blindness or disability
11as defined by the Social Security Act, thereby enabling them to
12remain in their own homes. Such preventive services include any
13or all of the following:
14        (1) personal assistant services;
15        (2) homemaker services;
16        (3) home-delivered meals;
17        (4) adult day care services;
18        (5) respite care;
19        (6) home modification or assistive equipment;
20        (7) home health services;
21        (8) electronic home response;
22        (9) brain injury behavioral/cognitive services;
23        (10) brain injury habilitation;
24        (11) brain injury pre-vocational services; or
25        (12) brain injury supported employment.
26    The Department shall establish eligibility standards for

 

 

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1such services taking into consideration the unique economic and
2social needs of the population for whom they are to be
3provided. Such eligibility standards may be based on the
4recipient's ability to pay for services; provided, however,
5that any portion of a person's income that is equal to or less
6than the "protected income" level shall not be considered by
7the Department in determining eligibility. The "protected
8income" level shall be determined by the Department, shall
9never be less than the federal poverty standard, and shall be
10adjusted each year to reflect changes in the Consumer Price
11Index For All Urban Consumers as determined by the United
12States Department of Labor. The standards must provide that a
13person may not have more than $10,000 in assets to be eligible
14for the services, and the Department may increase or decrease
15the asset limitation by rule. The Department may not decrease
16the asset level below $10,000.
17    The services shall be provided, as established by the
18Department by rule, to eligible persons to prevent unnecessary
19or premature institutionalization, to the extent that the cost
20of the services, together with the other personal maintenance
21expenses of the persons, are reasonably related to the
22standards established for care in a group facility appropriate
23to their condition. These non-institutional services, pilot
24projects or experimental facilities may be provided as part of
25or in addition to those authorized by federal law or those
26funded and administered by the Illinois Department on Aging.

 

 

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1The Department shall set rates and fees for services in a fair
2and equitable manner. Services identical to those offered by
3the Department on Aging shall be paid at the same rate.
4    Personal assistants shall be paid at a rate negotiated
5between the State and an exclusive representative of personal
6assistants under a collective bargaining agreement. In no case
7shall the Department pay personal assistants an hourly wage
8that is less than the federal minimum wage.
9    Solely for the purposes of coverage under the Illinois
10Public Labor Relations Act (5 ILCS 315/), personal assistants
11providing services under the Department's Home Services
12Program shall be considered to be public employees and the
13State of Illinois shall be considered to be their employer as
14of the effective date of this amendatory Act of the 93rd
15General Assembly, but not before. Solely for the purposes of
16coverage under the Illinois Public Labor Relations Act, home
17care and home health workers who function as personal
18assistants and individual maintenance home health workers and
19who also provide services under the Department's Home Services
20Program shall be considered to be public employees, no matter
21whether the State provides such services through direct
22fee-for-service arrangements, with the assistance of a managed
23care organization or other intermediary, or otherwise, and the
24State of Illinois shall be considered to be the employer of
25those persons as of January 29, 2013 (the effective date of
26Public Act 97-1158), but not before except as otherwise

 

 

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1provided under this subsection (f). The State shall engage in
2collective bargaining with an exclusive representative of home
3care and home health workers who function as personal
4assistants and individual maintenance home health workers
5working under the Home Services Program concerning their terms
6and conditions of employment that are within the State's
7control. Nothing in this paragraph shall be understood to limit
8the right of the persons receiving services defined in this
9Section to hire and fire home care and home health workers who
10function as personal assistants and individual maintenance
11home health workers working under the Home Services Program or
12to supervise them within the limitations set by the Home
13Services Program. The State shall not be considered to be the
14employer of home care and home health workers who function as
15personal assistants and individual maintenance home health
16workers working under the Home Services Program for any
17purposes not specifically provided in Public Act 93-204 or
18Public Act 97-1158, including but not limited to, purposes of
19vicarious liability in tort and purposes of statutory
20retirement or health insurance benefits. Home care and home
21health workers who function as personal assistants and
22individual maintenance home health workers and who also provide
23services under the Department's Home Services Program shall not
24be covered by the State Employees Group Insurance Act of 1971
25(5 ILCS 375/).
26    The Department shall execute, relative to nursing home

 

 

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1prescreening, as authorized by Section 4.03 of the Illinois Act
2on the Aging, written inter-agency agreements with the
3Department on Aging and the Department of Healthcare and Family
4Services, to effect the intake procedures and eligibility
5criteria for those persons who may need long term care. On and
6after July 1, 1996, all nursing home prescreenings for
7individuals 18 through 59 years of age shall be conducted by
8the Department, or a designee of the Department.
9    The Department is authorized to establish a system of
10recipient cost-sharing for services provided under this
11Section. The cost-sharing shall be based upon the recipient's
12ability to pay for services, but in no case shall the
13recipient's share exceed the actual cost of the services
14provided. Protected income shall not be considered by the
15Department in its determination of the recipient's ability to
16pay a share of the cost of services. The level of cost-sharing
17shall be adjusted each year to reflect changes in the
18"protected income" level. The Department shall deduct from the
19recipient's share of the cost of services any money expended by
20the recipient for disability-related expenses.
21    To the extent permitted under the federal Social Security
22Act, the Department, or the Department's authorized
23representative, may recover the amount of moneys expended for
24services provided to or in behalf of a person under this
25Section by a claim against the person's estate or against the
26estate of the person's surviving spouse, but no recovery may be

 

 

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1had until after the death of the surviving spouse, if any, and
2then only at such time when there is no surviving child who is
3under age 21 or blind or who has a permanent and total
4disability. This paragraph, however, shall not bar recovery, at
5the death of the person, of moneys for services provided to the
6person or in behalf of the person under this Section to which
7the person was not entitled; provided that such recovery shall
8not be enforced against any real estate while it is occupied as
9a homestead by the surviving spouse or other dependent, if no
10claims by other creditors have been filed against the estate,
11or, if such claims have been filed, they remain dormant for
12failure of prosecution or failure of the claimant to compel
13administration of the estate for the purpose of payment. This
14paragraph shall not bar recovery from the estate of a spouse,
15under Sections 1915 and 1924 of the Social Security Act and
16Section 5-4 of the Illinois Public Aid Code, who precedes a
17person receiving services under this Section in death. All
18moneys for services paid to or in behalf of the person under
19this Section shall be claimed for recovery from the deceased
20spouse's estate. "Homestead", as used in this paragraph, means
21the dwelling house and contiguous real estate occupied by a
22surviving spouse or relative, as defined by the rules and
23regulations of the Department of Healthcare and Family
24Services, regardless of the value of the property.
25    The Department shall submit an annual report on programs
26and services provided under this Section. The report shall be

 

 

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1filed with the Governor and the General Assembly on or before
2March 30 each year.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act, and filing additional copies with the State Government
10Report Distribution Center for the General Assembly as required
11under paragraph (t) of Section 7 of the State Library Act.
12    (g) To establish such subdivisions of the Department as
13shall be desirable and assign to the various subdivisions the
14responsibilities and duties placed upon the Department by law.
15    (h) To cooperate and enter into any necessary agreements
16with the Department of Employment Security for the provision of
17job placement and job referral services to clients of the
18Department, including job service registration of such clients
19with Illinois Employment Security offices and making job
20listings maintained by the Department of Employment Security
21available to such clients.
22    (i) To possess all powers reasonable and necessary for the
23exercise and administration of the powers, duties and
24responsibilities of the Department which are provided for by
25law.
26    (j) (Blank).

 

 

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1    (k) (Blank).
2    (l) To establish, operate and maintain a Statewide Housing
3Clearinghouse of information on available, government
4subsidized housing accessible to persons with disabilities and
5available privately owned housing accessible to persons with
6disabilities. The information shall include but not be limited
7to the location, rental requirements, access features and
8proximity to public transportation of available housing. The
9Clearinghouse shall consist of at least a computerized database
10for the storage and retrieval of information and a separate or
11shared toll free telephone number for use by those seeking
12information from the Clearinghouse. Department offices and
13personnel throughout the State shall also assist in the
14operation of the Statewide Housing Clearinghouse. Cooperation
15with local, State and federal housing managers shall be sought
16and extended in order to frequently and promptly update the
17Clearinghouse's information.
18    (m) To assure that the names and case records of persons
19who received or are receiving services from the Department,
20including persons receiving vocational rehabilitation, home
21services, or other services, and those attending one of the
22Department's schools or other supervised facility shall be
23confidential and not be open to the general public. Those case
24records and reports or the information contained in those
25records and reports shall be disclosed by the Director only to
26proper law enforcement officials, individuals authorized by a

 

 

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1court, the General Assembly or any committee or commission of
2the General Assembly, and other persons and for reasons as the
3Director designates by rule. Disclosure by the Director may be
4only in accordance with other applicable law.
5(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
 
6    Section 40. The Illinois Workforce Investment Board Act is
7amended by changing Sections 1, 2.5, 3, 4.5, 5, 6, 7, 7.2, 7.5,
8and 8 as follows:
 
9    (20 ILCS 3975/1)  (from Ch. 48, par. 2101)
10    Sec. 1. Short title. This Act may be cited as the Illinois
11Workforce Innovation Investment Board Act.
12(Source: P.A. 92-588, eff. 7-1-02.)
 
13    (20 ILCS 3975/2.5)
14    Sec. 2.5. Purpose.
15    (a) Beginning on the effective date of this amendatory Act
16of the 92nd General Assembly, the Illinois Human Resource
17Investment Council shall be known as the Illinois Workforce
18Investment Board. Beginning on the effective date of this
19amendatory Act of the 99th General Assembly, the Illinois
20Workforce Investment Board shall be known as the Illinois
21Workforce Innovation Board. The Illinois Workforce Innovation
22Investment Board is the State advisory board pertaining to
23workforce preparation policy. The Board shall ensure that

 

 

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1Illinois' workforce preparation services and programs are
2coordinated and integrated and shall measure and evaluate the
3overall performance and results of these programs. The Board
4shall further cooperation between government and the private
5sector to meet the workforce preparation needs of employers and
6workers in Illinois. The Board shall provide ongoing oversight
7of programs and needed information about the functioning of
8labor markets in Illinois.
9    (b) The Board shall help Illinois create and maintain a
10workforce with the skills and abilities that will keep the
11economy productive.
12    (c) The Board shall meet the requirements of the federal
13Workforce Innovation and Opportunity Act Workforce Investment
14Act of 1998.
15(Source: P.A. 92-588, eff. 7-1-02.)
 
16    (20 ILCS 3975/3)  (from Ch. 48, par. 2103)
17    Sec. 3. Illinois Workforce Innovation Investment Board.
18    (a) The Illinois Workforce Innovation Investment Board
19shall include:
20        (1) the Governor;
21        (2) 2 members of the House of Representatives appointed
22    by the Speaker of the House and 2 members of the Senate
23    appointed by the President of the Senate; and
24        (3) for appointments made prior to the effective date
25    of this amendatory Act of the 99th General Assembly,

 

 

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1    persons appointed by the Governor, with the advice and
2    consent of the Senate (except in the case of a person
3    holding an office or employment described in subparagraph
4    (F) when appointment to the office or employment requires
5    the advice and consent of the Senate), from among the
6    following:
7            (A) representatives of business in this State who
8        (i) are owners of businesses, chief executives or
9        operating officers of businesses, or other business
10        executives or employers with optimum policymaking or
11        hiring authority, including members of local boards
12        described in Section 117(b)(2)(A)(i) of the federal
13        Workforce Investment Act of 1998; (ii) represent
14        businesses with employment opportunities that reflect
15        the employment opportunities in the State; and (iii)
16        are appointed from among individuals nominated by
17        State business organizations and business trade
18        associations;
19            (B) chief elected officials from cities and
20        counties;
21            (C) representatives of labor organizations who
22        have been nominated by State labor federations;
23            (D) representatives of individuals or
24        organizations that have experience with youth
25        activities;
26            (E) representatives of individuals or

 

 

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1        organizations that have experience and expertise in
2        the delivery of workforce investment activities,
3        including chief executive officers of community
4        colleges and community-based organizations within the
5        State;
6            (F) the lead State agency officials with
7        responsibility for the programs and activities that
8        are described in Section 121(b) of the federal
9        Workforce Investment Act of 1998 and carried out by
10        one-stop partners and, in any case in which no lead
11        State agency official has responsibility for such a
12        program, service, or activity, a representative in the
13        State with expertise in such program, service, or
14        activity; and
15            (G) any other representatives and State agency
16        officials that the Governor may appoint, including,
17        but not limited to, one or more representatives of
18        local public education, post-secondary institutions,
19        secondary or post-secondary vocational education
20        institutions, and community-based organizations; and .
21        (4) for appointments made on or after the effective
22    date of this amendatory Act of the 99th General Assembly,
23    persons appointed by the Governor in accordance with
24    Section 101 of the federal Workforce Innovation and
25    Opportunity Act, subject to the advice and consent of the
26    Senate.

 

 

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1    (b) (Blank). Members of the Board that represent
2organizations, agencies, or other entities must be individuals
3with optimum policymaking authority within the organization,
4agency, or entity. The members of the Board must represent
5diverse regions of the State, including urban, rural, and
6suburban areas.
7    (c) (Blank). A majority of the members of the Board must be
8representatives described in subparagraph (A) of paragraph (3)
9of subsection (a). There must be at least 2 members from each
10of the categories described in subparagraphs (D) and (E) of
11paragraph (3) of subsection (a). There must be at least 3
12members from the category described in subparagraph (C) of
13paragraph (3) of subsection (a). A majority of any committee
14the Board may establish for the purpose of general oversight,
15control, supervision, or management of the Board's business
16must be representatives described in subparagraph (A) of
17paragraph (3) of subsection (a); any such committee must also
18include at least one representative from each of the categories
19described in subparagraphs (C) through (E) of paragraph (3) of
20subsection (a) and may include one or more representatives from
21any other categories described in paragraph (3) of subsection
22(a).
23    (d) The Governor shall select a chairperson as provided in
24the federal Workforce Innovation and Opportunity Act for the
25Board from among the representatives described in subparagraph
26(A) of paragraph (3) of subsection (a).

 

 

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1    (d-5) (Blank).
2    (e) Except as otherwise provided in this subsection, this
3amendatory Act of the 92nd General Assembly does not affect the
4tenure of any member appointed to and serving on the Illinois
5Human Resource Investment Council on the effective date of this
6amendatory Act of the 92nd General Assembly. Members of the
7Board nominated for appointment in 2000, 2001, or 2002 shall
8serve for fixed and staggered terms, as designated by the
9Governor, expiring no later than July 1 of the second calendar
10year succeeding their respective appointments or until their
11successors are appointed and qualified. Members of the Board
12nominated for appointment after 2002 shall serve for terms
13expiring on July 1 of the second calendar year succeeding their
14respective appointments, or until their successors are
15appointed and qualified. A State official or employee serving
16on the Board under subparagraph (F) of paragraph (3) of
17subsection (a) by virtue of his or her State office or
18employment shall serve during the term of that office or
19employment. A vacancy is created in situations including, but
20not limited to, those in which an individual serving on the
21Board ceases to satisfy all of the requirements for appointment
22under the provision under which he or she was appointed. The
23Governor may at any time make appointments to fill vacancies
24for the balance of an unexpired term. Vacancies shall be filled
25in the same manner as the original appointment. Members shall
26serve without compensation, but shall be reimbursed for

 

 

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1necessary expenses incurred in the performance of their duties.
2    (f) The Board shall meet at least 4 times per calendar year
3at times and in places that it deems necessary. The Board shall
4be subject to the Open Meetings Act and, to the extent required
5by that law, its meetings shall be publicly announced and open
6and accessible to the general public. The Board shall adopt any
7rules and operating procedures that it deems necessary to carry
8out its responsibilities under this Act and under the federal
9Workforce Innovation and Opportunity Act Workforce Investment
10Act of 1998.
11(Source: P.A. 92-588, eff. 7-1-02.)
 
12    (20 ILCS 3975/4.5)
13    Sec. 4.5. Duties.
14    (a) The Board must perform all the functions of a state
15workforce investment board under the federal Workforce
16Innovation and Opportunity Act Workforce Investment Act of
171998, any amendments to that Act, and any other applicable
18federal statutes. The Board must also perform all other
19functions that are not inconsistent with the federal Workforce
20Innovation and Opportunity Act Workforce Investment Act of 1998
21or this Act and that are assumed by the Board under its bylaws
22or assigned to it by the Governor.
23    (b) The Board must cooperate with the General Assembly and
24make recommendations to the Governor and the General Assembly
25concerning legislation necessary to improve upon statewide and

 

 

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1local workforce investment systems in order to increase
2occupational skill attainment, employment, retention, or
3earnings of participants and thereby improve the quality of the
4workforce, reduce welfare dependency, and enhance the
5productivity and competitiveness of the State. The Board must
6annually submit a report to the General Assembly on the
7progress of the State in achieving state performance measures
8under the federal Workforce Innovation and Opportunity Act
9Workforce Investment Act of 1998, including information on the
10levels of performance achieved by the State with respect to the
11core indicators of performance and the customer satisfaction
12indicator under that Act. The report must include any other
13items that the Governor may be required to report to the
14Secretary of the United States Department of Labor under
15Section 136(d) of the federal Workforce Investment Act of 1998.
16    (b-5) The Board shall implement a method for measuring the
17progress of the State's workforce development system by using
18benchmarks specified in the federal Workforce Innovation and
19Opportunity Act. specified benchmarks. Those benchmarks are:
20(i) the educational level of working adults; (ii) the
21percentage of the adult workforce in education and training;
22(iii) adult literacy; (iv) the percentage of high school
23graduates transitioning to education or training; (v) the high
24school dropout rate; (vi) the number of youth transitioning
25from 8th grade to 9th grade; (vii) the percentage of
26individuals and families at economic self-sufficiency; (viii)

 

 

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1the average growth in pay; (ix) net job growth; and (x)
2productivity per employee.
3    The Board shall identify the most significant early
4indicators for each benchmark, establish a mechanism to collect
5data and track the benchmarks on an annual basis, and then use
6the results to set goals for each benchmark, to inform
7planning, and to ensure the effective use of State resources.
8    (c) Nothing in this Act shall be construed to require or
9allow the Board to assume or supersede the statutory authority
10granted to, or impose any duties or requirements on, the State
11Board of Education, the Board of Higher Education, the Illinois
12Community College Board, any State agencies created under the
13Civil Administrative Code of Illinois, or any local education
14agencies.
15    (d) No actions taken by the Illinois Human Resource
16Investment Council before the effective date of this amendatory
17Act of the 92nd General Assembly and no rights, powers, duties,
18or obligations from those actions are impaired solely by this
19amendatory Act of the 92nd General Assembly. All actions taken
20by the Illinois Human Resource Investment Council before the
21effective date of this amendatory Act of the 92nd General
22Assembly are ratified and validated.
23(Source: P.A. 92-588, eff. 7-1-02; 93-331, eff. 1-1-04.)
 
24    (20 ILCS 3975/5)  (from Ch. 48, par. 2105)
25    Sec. 5. Plans; expenditures. The plans and decisions of the

 

 

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1Board shall be subject to approval by the Governor. All funds
2received by the State pursuant to the federal Job Training
3Partnership Act or the federal Workforce Innovation and
4Opportunity Act Workforce Investment Act of 1998 shall be
5expended only pursuant to appropriation.
6(Source: P.A. 92-588, eff. 7-1-02.)
 
7    (20 ILCS 3975/6)  (from Ch. 48, par. 2106)
8    Sec. 6. Programs and services, conflict of interest. In
9order to assure objective management and oversight, the Board
10shall not operate programs or provide services directly to
11eligible participants, but shall exist solely to plan,
12coordinate and monitor the provisions of such programs and
13services.
14    A member of the Board may not (1) vote on a matter under
15consideration by the Board that (a) regards the provision of
16services by the member or by an entity that the member
17represents or (b) would provide direct financial benefit to the
18member or the immediate family of the member or (2) engage in
19any other activity determined by the Governor to constitute a
20conflict of interest as specified in the State plan established
21under the federal Workforce Investment Act of 1998.
22(Source: P.A. 92-588, eff. 7-1-02.)
 
23    (20 ILCS 3975/7)  (from Ch. 48, par. 2107)
24    Sec. 7. Personnel. The Board is authorized to obtain the

 

 

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1services of any professional, technical and clerical personnel
2that may be necessary to carry out its functions under this Act
3and under the federal Workforce Innovation and Opportunity Act
4Workforce Investment Act of 1998.
5(Source: P.A. 92-588, eff. 7-1-02.)
 
6    (20 ILCS 3975/7.2)
7    Sec. 7.2. Posting requirements; Department of Commerce and
8Economic Opportunity's website. On and after the effective date
9of this amendatory Act of the 97th General Assembly, the
10Illinois Workforce Innovation Investment Board must annually
11submit to the Department of Commerce and Economic Opportunity
12the following information to be posted on the Department's
13official Internet website:
14        (1) All agendas and meeting minutes for meetings of the
15    Illinois Workforce Innovation Investment Board.
16        (2) All line-item budgets for the local workforce
17    investment areas located within the State.
18        (3) A listing of all contracts and contract values for
19    all workforce development training and service providers.
20    The information required under this Section must be posted
21on the Department of Commerce and Economic Opportunity's
22Internet website no later than 30 days after the Department
23receives the information from the Illinois Workforce
24Innovation Investment Board.
25(Source: P.A. 97-356, eff. 1-1-12.)
 

 

 

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1    (20 ILCS 3975/7.5)
2    Sec. 7.5. Procurement. The Illinois Workforce Innovation
3Investment Board is subject to the Illinois Procurement Code,
4to the extent consistent with all applicable federal laws.
5(Source: P.A. 97-356, eff. 1-1-12.)
 
6    (20 ILCS 3975/8)  (from Ch. 48, par. 2108)
7    Sec. 8. Audits. The Illinois Workforce Innovation
8Investment Board and any recipient of funds under this Act
9shall be subject to audits conducted by the Auditor General
10with respect to all funds appropriated for the purposes of this
11Act.
12(Source: P.A. 92-588, eff. 7-1-02.)
 
13    Section 45. The Commission on the Elimination of Poverty
14Act is amended by changing Section 15 as follows:
 
15    (20 ILCS 4080/15)
16    Sec. 15. Members. The Commission on the Elimination of
17Poverty shall be composed of no more than 26 voting members
18including 2 members of the Illinois House of Representatives,
19one appointed by the Speaker of the House and one appointed by
20the House Minority Leader; 2 members of the Illinois Senate,
21one appointed by the Senate President and one appointed by the
22Senate Minority Leader; one representative of the Office of the

 

 

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1Governor appointed by the Governor; one representative of the
2Office of the Lieutenant Governor appointed by the Lieutenant
3Governor; and 20 public members, 4 of whom shall be appointed
4by the Governor, 4 of whom shall be appointed by the Speaker of
5the House, 4 of whom shall be appointed by the House Minority
6Leader, 4 of whom shall be appointed by the Senate President,
7and 4 of whom shall be appointed by the Senate Minority Leader.
8It shall be determined by lot who will appoint which public
9members of the Commission. The public members shall include a
10representative of a service-based human rights organization; 2
11representatives from anti-poverty organizations, including one
12that focuses on rural poverty; 2 individuals who have
13experienced extreme poverty; a representative of an
14organization that advocates for health care access,
15affordability and availability; a representative of an
16organization that advocates for persons with mental illness; a
17representative of an organization that advocates for children
18and youth; a representative of an organization that advocates
19for quality and equality in education; a representative of an
20organization that advocates for people who are homeless; a
21representative of a statewide anti-hunger organization; a
22person with a disability; a representative of an organization
23that advocates for persons with disabilities; a representative
24of an organization that advocates for immigrants; a
25representative of a statewide faith-based organization that
26provides direct social services in Illinois; a representative

 

 

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1of an organization that advocates for economic security for
2women; a representative of an organization that advocates for
3older adults; a representative of a labor organization that
4represents primarily low and middle-income wage earners; a
5representative of a municipal or county government; and a
6representative of township government. The appointed members
7shall reflect the racial, gender, and geographic diversity of
8the State and shall include representation from regions of the
9State experiencing the highest rates of extreme poverty.
10    The following officials shall serve as ex-officio members:
11the Secretary of Human Services or his or her designee; the
12Director of Corrections or his or her designee; the Director of
13Healthcare and Family Services or his or her designee; the
14Director of Human Rights or his or her designee; the Director
15of Children and Family Services or his or her designee; the
16Director of Commerce and Economic Opportunity or his or her
17designee; the State Superintendent of Education or his or her
18designee; the Director of Aging or his or her designee; the
19Director of Public Health or his or her designee; and the
20Director of Employment Security or his or her designee. The
21State Workforce Innovation Investment Board, the
22African-American Family Commission, and the Latino Family
23Commission shall each designate a liaison to serve ex-officio
24on the Commission.
25    Members shall serve without compensation, but, subject to
26the availability of funds, public members may be reimbursed for

 

 

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1reasonable and necessary travel expenses connected to
2Commission business.
3    Commission members shall be appointed within 60 days after
4the effective date of this Act. The Commission shall hold its
5initial meeting within 30 days after at least 50% of the
6members have been appointed.
7    The representative of the Office of the Governor and the
8representative of a service-based human rights organization
9shall serve as co-chairs of the Commission.
10    At the first meeting of the Commission, the members shall
11select a 7-person Steering Committee that includes the
12co-chairs.
13    The Commission may establish committees that address
14specific issues or populations and may appoint individuals with
15relevant expertise who are not appointed members of the
16Commission to serve on committees as needed.
17    Subject to appropriation, the office of the Governor, or a
18designee of the Governor's choosing, shall provide
19administrative support to the Commission.
20(Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.)
 
21    Section 50. The 21st Century Workforce Development Fund Act
22is amended by changing Section 15 as follows:
 
23    (30 ILCS 787/15)
24    Sec. 15. Use of Fund.

 

 

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1    (a) Role of Fund. Subject to appropriation, resources from
2the Fund are intended to be used flexibly to support innovative
3and locally-driven strategies, to leverage other funding
4sources, and to fill gaps in existing workforce development
5resources in Illinois. They are not intended to supplant
6existing workforce development resources.
7    (b) Distribution of funds. Funds shall be distributed
8through competitive grantmaking processes administered by the
9Department and overseen by the Advisory Committee. No more than
106% of funds used for grants may be retained by the Department
11for administrative costs or for program evaluation or technical
12assistance activities.
13    (c) Grantmaking. The Department must administer funds
14through competitive grantmaking in accordance with the
15priorities described in this Act. Grantmaking must be used to
16support workforce development strategies consistent with the
17priorities outlined in this Act. Strategies may include, but
18are not limited to the following:
19        (i) Expanded grantmaking for existing State workforce
20    development strategies, including the Job Training and
21    Economic Development Program and programs designed to
22    increase the number of persons traditionally
23    underrepresented in the building trades, specifically
24    minorities and women.
25        (ii) Workforce development initiatives that help the
26    least skilled adults access employment and education

 

 

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1    opportunities, including transitional jobs programs and
2    educational bridge programming that integrate basic
3    education and occupational skills training.
4        (iii) Sectoral strategies that develop
5    industry-specific workforce education and training
6    services that lead to existing or expected jobs with
7    identified employers and that include services to ensure
8    that low-income, low-skilled adults can be served.
9        (iv) Support for the development and implementation of
10    workforce education and training programs in the energy
11    efficiency, renewable energy, and pollution control
12    cleanup and prevention industries.
13        (v) Support for planning activities that: ensure that
14    workforce development and education needs of low-skilled
15    adults are integrated into industry-specific career
16    pathways; analyze labor market data to track workforce
17    trends in the State's energy-related initiatives; or
18    increase the capacity of communities to provide workforce
19    services to low-income, low-skilled adults.
20    (d) Allowable expenditures. Grant funds are limited to
21expenditures for the following:
22        (i) Basic skills training, adult education,
23    occupational training, job readiness training, and
24    soft-skills training for which financial aid is otherwise
25    not available.
26        (ii) Workforce development-related services including

 

 

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1    mentoring, job development, support services,
2    transportation assistance, and wage subsidies, that are
3    tied to participation in training and employment.
4        (iii) Capacity building, program development, and
5    technical assistance activities necessary for the
6    development and implementation of new workforce education
7    and training strategies.
8    No more than 5% of any grant may be used for administrative
9costs.
10    (e) Eligible applicants. For grants under this Section,
11eligible applicants include the following:
12        (i) Any private, public, and non-profit entities that
13    provide education, training, and workforce development
14    services to low-income individuals.
15        (ii) Educational institutions.
16        (iii) Labor and business associations.
17(Source: P.A. 96-771, eff. 8-28-09; 97-581, eff. 8-26-11.)
 
18    Section 55. The Higher Education Student Assistance Act is
19amended by changing Section 35 as follows:
 
20    (110 ILCS 947/35)
21    Sec. 35. Monetary award program.
22    (a) The Commission shall, each year, receive and consider
23applications for grant assistance under this Section. Subject
24to a separate appropriation for such purposes, an applicant is

 

 

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1eligible for a grant under this Section when the Commission
2finds that the applicant:
3        (1) is a resident of this State and a citizen or
4    permanent resident of the United States; and
5        (2) in the absence of grant assistance, will be
6    deterred by financial considerations from completing an
7    educational program at the qualified institution of his or
8    her choice.
9    (b) The Commission shall award renewals only upon the
10student's application and upon the Commission's finding that
11the applicant:
12        (1) has remained a student in good standing;
13        (2) remains a resident of this State; and
14        (3) is in a financial situation that continues to
15    warrant assistance.
16    (c) All grants shall be applicable only to tuition and
17necessary fee costs. The Commission shall determine the grant
18amount for each student, which shall not exceed the smallest of
19the following amounts:
20        (1) subject to appropriation, $5,468 for fiscal year
21    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
22    year 2011 and each fiscal year thereafter, or such lesser
23    amount as the Commission finds to be available, during an
24    academic year;
25        (2) the amount which equals 2 semesters or 3 quarters
26    tuition and other necessary fees required generally by the

 

 

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1    institution of all full-time undergraduate students; or
2        (3) such amount as the Commission finds to be
3    appropriate in view of the applicant's financial
4    resources.
5    Subject to appropriation, the maximum grant amount for
6students not subject to subdivision (1) of this subsection (c)
7must be increased by the same percentage as any increase made
8by law to the maximum grant amount under subdivision (1) of
9this subsection (c).
10    "Tuition and other necessary fees" as used in this Section
11include the customary charge for instruction and use of
12facilities in general, and the additional fixed fees charged
13for specified purposes, which are required generally of
14nongrant recipients for each academic period for which the
15grant applicant actually enrolls, but do not include fees
16payable only once or breakage fees and other contingent
17deposits which are refundable in whole or in part. The
18Commission may prescribe, by rule not inconsistent with this
19Section, detailed provisions concerning the computation of
20tuition and other necessary fees.
21    (d) No applicant, including those presently receiving
22scholarship assistance under this Act, is eligible for monetary
23award program consideration under this Act after receiving a
24baccalaureate degree or the equivalent of 135 semester credit
25hours of award payments.
26    (e) The Commission, in determining the number of grants to

 

 

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1be offered, shall take into consideration past experience with
2the rate of grant funds unclaimed by recipients. The Commission
3shall notify applicants that grant assistance is contingent
4upon the availability of appropriated funds.
5    (e-5) The General Assembly finds and declares that it is an
6important purpose of the Monetary Award Program to facilitate
7access to college both for students who pursue postsecondary
8education immediately following high school and for those who
9pursue postsecondary education later in life, particularly
10Illinoisans who are dislocated workers with financial need and
11who are seeking to improve their economic position through
12education. For the 2015-2016 and 2016-2017 academic years, the
13Commission shall give additional and specific consideration to
14the needs of dislocated workers with the intent of allowing
15applicants who are dislocated workers an opportunity to secure
16financial assistance even if applying later than the general
17pool of applicants. The Commission's consideration shall
18include, in determining the number of grants to be offered, an
19estimate of the resources needed to serve dislocated workers
20who apply after the Commission initially suspends award
21announcements for the upcoming regular academic year, but prior
22to the beginning of that academic year. For the purposes of
23this subsection (e-5), a dislocated worker is defined as in the
24federal Workforce Innovation and Opportunity Act Workforce
25Investment Act of 1998.
26    (f) The Commission may request appropriations for deposit

 

 

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1into the Monetary Award Program Reserve Fund. Monies deposited
2into the Monetary Award Program Reserve Fund may be expended
3exclusively for one purpose: to make Monetary Award Program
4grants to eligible students. Amounts on deposit in the Monetary
5Award Program Reserve Fund may not exceed 2% of the current
6annual State appropriation for the Monetary Award Program.
7    The purpose of the Monetary Award Program Reserve Fund is
8to enable the Commission each year to assure as many students
9as possible of their eligibility for a Monetary Award Program
10grant and to do so before commencement of the academic year.
11Moneys deposited in this Reserve Fund are intended to enhance
12the Commission's management of the Monetary Award Program,
13minimizing the necessity, magnitude, and frequency of
14adjusting award amounts and ensuring that the annual Monetary
15Award Program appropriation can be fully utilized.
16    (g) The Commission shall determine the eligibility of and
17make grants to applicants enrolled at qualified for-profit
18institutions in accordance with the criteria set forth in this
19Section. The eligibility of applicants enrolled at such
20for-profit institutions shall be limited as follows:
21        (1) Beginning with the academic year 1997, only to
22    eligible first-time freshmen and first-time transfer
23    students who have attained an associate degree.
24        (2) Beginning with the academic year 1998, only to
25    eligible freshmen students, transfer students who have
26    attained an associate degree, and students who receive a

 

 

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1    grant under paragraph (1) for the academic year 1997 and
2    whose grants are being renewed for the academic year 1998.
3        (3) Beginning with the academic year 1999, to all
4    eligible students.
5(Source: P.A. 98-967, eff. 8-15-14.)
 
6    Section 60. The Illinois Public Aid Code is amended by
7changing Section 9A-3 as follows:
 
8    (305 ILCS 5/9A-3)  (from Ch. 23, par. 9A-3)
9    Sec. 9A-3. Establishment of Program and Level of Services.
10    (a) The Illinois Department shall establish and maintain a
11program to provide recipients with services consistent with the
12purposes and provisions of this Article. The program offered in
13different counties of the State may vary depending on the
14resources available to the State to provide a program under
15this Article, and no program may be offered in some counties,
16depending on the resources available. Services may be provided
17directly by the Illinois Department or through contract.
18References to the Illinois Department or staff of the Illinois
19Department shall include contractors when the Illinois
20Department has entered into contracts for these purposes. The
21Illinois Department shall provide each recipient who
22participates with such services available under the program as
23are necessary to achieve his employability plan as specified in
24the plan.

 

 

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1    (b) The Illinois Department, in operating the program,
2shall cooperate with public and private education and
3vocational training or retraining agencies or facilities, the
4Illinois State Board of Education, the Illinois Community
5College Board, the Departments of Employment Security and
6Commerce and Economic Opportunity or other sponsoring
7organizations funded under the federal Workforce Innovation
8and Opportunity Act Workforce Investment Act and other public
9or licensed private employment agencies.
10(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
 
11    Section 65. The Afterschool Youth Development Project Act
12is amended by changing Section 15 as follows:
 
13    (325 ILCS 27/15)
14    Sec. 15. Illinois Youth Development Council.
15    (a) Creation. In order to effectively achieve the policy
16established in this Act, the Illinois Youth Development Council
17shall be created. The purpose of the Council is to provide
18oversight and coordination to the State's public funds
19currently invested to support positive youth development
20programs and activities and to set systemwide policies and
21priorities to accomplish the following 5 major objectives: (i)
22set afterschool program expansion priorities, such as
23addressing gaps in programming for specific ages and
24populations; (ii) create outcome measures and require all

 

 

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1afterschool programs to be evaluated to ensure that outcomes
2are being met; (iii) oversee the establishment of a statewide
3program improvement system that provides technical assistance
4and capacity building to increase program participation and
5quality systemwide; (iv) monitor and assess afterschool
6program quality through outcome measures; and (v) establish
7State policy to support the attainment of outcomes. The Council
8shall be created within the Department of Human Services.
9    (b) Governance. The Illinois Youth Development Council
10shall reflect the regional, racial, socioeconomic, and
11cultural diversity of the State to ensure representation of the
12needs of all Illinois youth. The Council shall be composed of
13no less than 28 and no more than 32 members. The Council may
14establish a defined length of term for membership on the
15Council.
16        (1) Membership. The Council shall include
17    representation from both public and private organizations
18    comprised of the following:
19            (A) Four members of the General Assembly: one
20        appointed by the President of the Senate, one appointed
21        by the Minority Leader of the Senate, one appointed by
22        the Speaker of the House of Representatives, and one
23        appointed by the Minority Leader of the House of
24        Representatives.
25            (B) The chief administrators of the following
26        State agencies: the Department of Human Services; the

 

 

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1        Illinois State Board of Education; the Department of
2        Children and Family Services; the Department of Public
3        Health; the Department of Juvenile Justice; the
4        Department of Healthcare and Family Services; the
5        Department of Commerce and Economic Opportunity; the
6        Illinois Board of Higher Education; and the Illinois
7        Community College Board.
8            (C) The Chair of the Illinois Workforce Innovation
9        Investment Board and the Executive Director of the
10        Illinois Violence Prevention Authority.
11        The following Council members shall be appointed by the
12    Governor:
13            (D) Two officials from a unit of local government.
14            (E) At least 3 representatives of direct youth
15        service providers and faith-based providers.
16            (F) Three young people who are between the ages of
17        16 and 21 and who are members of the Youth Advisory
18        Group as established in paragraph (2) of this
19        subsection.
20            (G) Two parents of children between the ages of 6
21        and 19.
22            (H) One academic researcher in the field of youth
23        development.
24            (I) Additional public members that include local
25        government stakeholders and nongovernmental
26        stakeholders with an interest in youth development and

 

 

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1        afterschool programs, including representation from
2        the following private sector fields and
3        constituencies: child and youth advocacy; children and
4        youth with special needs; child and adolescent health;
5        business; and law enforcement.
6        Persons may be nominated by organizations representing
7    the fields outlined in this Section. The Governor shall
8    designate one of the Council members who is a nongovernment
9    stakeholder to serve as co-chairperson. The Council shall
10    create a subcommittee of additional direct youth service
11    providers as well as other subcommittees as deemed
12    necessary.
13        (2) Youth Advisory Group. To ensure that the Council is
14    responsive to the needs and priorities of Illinois' young
15    people, the Council shall establish an independent Youth
16    Advisory Group, which shall be composed of a diverse body
17    of 15 youths between the ages of 14 and 19 from across the
18    State. Members that surpass the age of 19 while serving on
19    the Youth Advisory Group may complete the term of the
20    appointment. The Youth Advisory Group shall be charged
21    with: (i) presenting recommendations to the Council 4 times
22    per year on issues related to afterschool and youth
23    development programming and policy; and (ii) reviewing key
24    programmatic, funding, and policy decisions made by the
25    Council. To develop priorities and recommendations, the
26    Youth Advisory Group may engage students from across the

 

 

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1    State via focus groups, on-line surveys, and other means.
2    The Youth Advisory Group shall be administered by the
3    Department of Human Services and facilitated by an
4    independent, established youth organization with expertise
5    in youth civic engagement. This youth civic engagement
6    organization shall administer the application requirements
7    and process and shall nominate 30 youth. The Department of
8    Human Services shall select 15 of the nominees for the
9    Youth Advisory Group, 3 of whom shall serve on the Council.
10    (c) Activities. The major objectives of the Council shall
11be accomplished through the following activities:
12        (1) Publishing an annual plan that sets system goals
13    for Illinois' afterschool funding that include key
14    indicators, performance standards, and outcome measures
15    and that outlines funding evaluation and reporting
16    requirements.
17        (2) Developing and maintaining a system and processes
18    to collect and report consistent program and outcome data
19    on all afterschool programs funded by State and local
20    government.
21        (3) Developing linkages between afterschool data
22    systems and other statewide youth program outcome data
23    systems (e.g. schools, post-secondary education, juvenile
24    justice, etc.).
25        (4) Developing procedures for implementing an
26    evaluation of the statewide system of program providers,

 

 

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1    including programs established by this Act.
2        (5) Reviewing evaluation results and data reports to
3    inform future investments and allocations and to shape
4    State policy.
5        (6) Developing technical assistance and
6    capacity-building infrastructure and ensuring appropriate
7    workforce development strategies across agencies for those
8    who will be working in afterschool programs.
9        (7) Reviewing and making public recommendations to the
10    Governor and the General Assembly with respect to the
11    budgets for State youth services to ensure the adequacy of
12    those budgets and alignment to system goals outlined in the
13    plan described in paragraph (1) of this subsection.
14        (8) Developing and overseeing execution of a research
15    agenda to inform future program planning.
16        (9) Providing strategic advice to other State
17    agencies, the Illinois General Assembly, and Illinois'
18    Constitutional Officers on afterschool-related activities
19    statewide.
20        (10) Approving awards of grants to demonstration
21    projects as outlined in Section 20 of this Act.
22    (d) Accountability. The Council shall annually report to
23the Governor and the General Assembly on the Council's progress
24towards its goals and objectives. The Department of Human
25Services shall provide resources to the Council, including
26administrative services and data collection and shall be

 

 

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1responsible for conducting procurement processes required by
2the Act. The Department may contract with vendors to provide
3all or a portion of any necessary resources.
4(Source: P.A. 96-1302, eff. 7-27-10.)
 
5    Section 70. The Unemployment Insurance Act is amended by
6changing Sections 500 and 502 as follows:
 
7    (820 ILCS 405/500)  (from Ch. 48, par. 420)
8    Sec. 500. Eligibility for benefits. An unemployed
9individual shall be eligible to receive benefits with respect
10to any week only if the Director finds that:
11    A. He has registered for work at and thereafter has
12continued to report at an employment office in accordance with
13such regulations as the Director may prescribe, except that the
14Director may, by regulation, waive or alter either or both of
15the requirements of this subsection as to individuals attached
16to regular jobs, and as to such other types of cases or
17situations with respect to which he finds that compliance with
18such requirements would be oppressive or inconsistent with the
19purposes of this Act, provided that no such regulation shall
20conflict with Section 400 of this Act.
21    B. He has made a claim for benefits with respect to such
22week in accordance with such regulations as the Director may
23prescribe.
24    C. He is able to work, and is available for work; provided

 

 

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1that during the period in question he was actively seeking work
2and he has certified such. Whenever requested to do so by the
3Director, the individual shall, in the manner the Director
4prescribes by regulation, inform the Department of the places
5at which he has sought work during the period in question.
6Nothing in this subsection shall limit the Director's approval
7of alternate methods of demonstrating an active search for work
8based on regular reporting to a trade union office.
9        1. If an otherwise eligible individual is unable to
10    work or is unavailable for work on any normal workday of
11    the week, he shall be eligible to receive benefits with
12    respect to such week reduced by one-fifth of his weekly
13    benefit amount for each day of such inability to work or
14    unavailability for work. For the purposes of this
15    paragraph, an individual who reports on a day subsequent to
16    his designated report day shall be deemed unavailable for
17    work on his report day if his failure to report on that day
18    is without good cause, and on each intervening day, if any,
19    on which his failure to report is without good cause. As
20    used in the preceding sentence, "report day" means the day
21    which has been designated for the individual to report to
22    file his claim for benefits with respect to any week. This
23    paragraph shall not be construed so as to effect any change
24    in the status of part-time workers as defined in Section
25    407.
26        2. An individual shall be considered to be unavailable

 

 

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1    for work on days listed as whole holidays in "An Act to
2    revise the law in relation to promissory notes, bonds, due
3    bills and other instruments in writing," approved March 18,
4    1874, as amended; on days which are holidays in his
5    religion or faith, and on days which are holidays according
6    to the custom of his trade or occupation, if his failure to
7    work on such day is a result of the holiday. In determining
8    the claimant's eligibility for benefits and the amount to
9    be paid him, with respect to the week in which such holiday
10    occurs, he shall have attributed to him as additional
11    earnings for that week an amount equal to one-fifth of his
12    weekly benefit amount for each normal work day on which he
13    does not work because of a holiday of the type above
14    enumerated.
15        3. An individual shall be deemed unavailable for work
16    if, after his separation from his most recent employing
17    unit, he has removed himself to and remains in a locality
18    where opportunities for work are substantially less
19    favorable than those in the locality he has left.
20        4. An individual shall be deemed unavailable for work
21    with respect to any week which occurs in a period when his
22    principal occupation is that of a student in attendance at,
23    or on vacation from, a public or private school.
24        5. Notwithstanding any other provisions of this Act, an
25    individual shall not be deemed unavailable for work or to
26    have failed actively to seek work, nor shall he be

 

 

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1    ineligible for benefits by reason of the application of the
2    provisions of Section 603, with respect to any week,
3    because he is enrolled in and is in regular attendance at a
4    training course approved for him by the Director:
5            (a) but only if, with respect to that week, the
6        individual presents, upon request, to the claims
7        adjudicator referred to in Section 702 a statement
8        executed by a responsible person connected with the
9        training course, certifying that the individual was in
10        full-time attendance at such course during the week.
11        The Director may approve such course for an individual
12        only if he finds that (1) reasonable work opportunities
13        for which the individual is fitted by training and
14        experience do not exist in his locality; (2) the
15        training course relates to an occupation or skill for
16        which there are, or are expected to be in the immediate
17        future, reasonable work opportunities in his locality;
18        (3) the training course is offered by a competent and
19        reliable agency, educational institution, or employing
20        unit; (4) the individual has the required
21        qualifications and aptitudes to complete the course
22        successfully; and (5) the individual is not receiving
23        and is not eligible (other than because he has claimed
24        benefits under this Act) for subsistence payments or
25        similar assistance under any public or private
26        retraining program: Provided, that the Director shall

 

 

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1        not disapprove such course solely by reason of clause
2        (5) if the subsistence payment or similar assistance is
3        subject to reduction by an amount equal to any benefits
4        payable to the individual under this Act in the absence
5        of the clause. In the event that an individual's weekly
6        unemployment compensation benefit is less than his
7        certified training allowance, that person shall be
8        eligible to receive his entire unemployment
9        compensation benefits, plus such supplemental training
10        allowances that would make an applicant's total weekly
11        benefit identical to the original certified training
12        allowance.
13            (b) The Director shall have the authority to grant
14        approval pursuant to subparagraph (a) above prior to an
15        individual's formal admission into a training course.
16        Requests for approval shall not be made more than 30
17        days prior to the actual starting date of such course.
18        Requests shall be made at the appropriate unemployment
19        office.
20            (c) The Director shall for purposes of paragraph C
21        have the authority to issue a blanket approval of
22        training programs implemented pursuant to the federal
23        Workforce Innovation and Opportunity Act Workforce
24        Investment Act of 1998 if both the training program and
25        the criteria for an individual's participation in such
26        training meet the requirements of this paragraph C.

 

 

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1            (d) Notwithstanding the requirements of
2        subparagraph (a), the Director shall have the
3        authority to issue blanket approval of training
4        programs implemented under the terms of a collective
5        bargaining agreement.
6        6. Notwithstanding any other provisions of this Act, an
7    individual shall not be deemed unavailable for work or to
8    have failed actively to seek work, nor shall he be
9    ineligible for benefits, by reason of the application of
10    the provisions of Section 603 with respect to any week
11    because he is in training approved under Section 236 (a)(1)
12    of the federal Trade Act of 1974, nor shall an individual
13    be ineligible for benefits under the provisions of Section
14    601 by reason of leaving work voluntarily to enter such
15    training if the work left is not of a substantially equal
16    or higher skill level than the individual's past adversely
17    affected employment as defined under the federal Trade Act
18    of 1974 and the wages for such work are less than 80% of
19    his average weekly wage as determined under the federal
20    Trade Act of 1974.
21    D. If his benefit year begins prior to July 6, 1975 or
22subsequent to January 2, 1982, he has been unemployed for a
23waiting period of 1 week during such benefit year. If his
24benefit year begins on or after July 6, l975, but prior to
25January 3, 1982, and his unemployment continues for more than
26three weeks during such benefit year, he shall be eligible for

 

 

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1benefits with respect to each week of such unemployment,
2including the first week thereof. An individual shall be deemed
3to be unemployed within the meaning of this subsection while
4receiving public assistance as remuneration for services
5performed on work projects financed from funds made available
6to governmental agencies for such purpose. No week shall be
7counted as a week of unemployment for the purposes of this
8subsection:
9        1. Unless it occurs within the benefit year which
10    includes the week with respect to which he claims payment
11    of benefits, provided that, for benefit years beginning
12    prior to January 3, 1982, this requirement shall not
13    interrupt the payment of benefits for consecutive weeks of
14    unemployment; and provided further that the week
15    immediately preceding a benefit year, if part of one
16    uninterrupted period of unemployment which continues into
17    such benefit year, shall be deemed (for the purpose of this
18    subsection only and with respect to benefit years beginning
19    prior to January 3, 1982, only) to be within such benefit
20    year, as well as within the preceding benefit year, if the
21    unemployed individual would, except for the provisions of
22    the first paragraph and paragraph 1 of this subsection and
23    of Section 605, be eligible for and entitled to benefits
24    for such week.
25        2. If benefits have been paid with respect thereto.
26        3. Unless the individual was eligible for benefits with

 

 

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1    respect thereto except for the requirements of this
2    subsection and of Section 605.
3    E. With respect to any benefit year beginning prior to
4January 3, 1982, he has been paid during his base period wages
5for insured work not less than the amount specified in Section
6500E of this Act as amended and in effect on October 5, 1980.
7With respect to any benefit year beginning on or after January
83, 1982, he has been paid during his base period wages for
9insured work equal to not less than $1,600, provided that he
10has been paid wages for insured work equal to at least $440
11during that part of his base period which does not include the
12calendar quarter in which the wages paid to him were highest.
13    F. During that week he has participated in reemployment
14services to which he has been referred, including but not
15limited to job search assistance services, pursuant to a
16profiling system established by the Director by rule in
17conformity with Section 303(j)(1) of the federal Social
18Security Act, unless the Director determines that:
19        1. the individual has completed such services; or
20        2. there is justifiable cause for the claimant's
21    failure to participate in such services.
22    This subsection F is added by this amendatory Act of 1995
23to clarify authority already provided under subsections A and C
24in connection with the unemployment insurance claimant
25profiling system required under subsections (a)(10) and (j)(1)
26of Section 303 of the federal Social Security Act as a

 

 

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1condition of federal funding for the administration of the
2Unemployment Insurance Act.
3(Source: P.A. 92-396, eff. 1-1-02.)
 
4    (820 ILCS 405/502)
5    Sec. 502. Eligibility for benefits under the Short-Time
6Compensation Program.
7    A. The Director may by rule establish a short-time
8compensation program consistent with this Section. No
9short-time compensation shall be payable except as authorized
10by rule.
11    B. As used in this Section:
12    "Affected unit" means a specified plant, department,
13shift, or other definable unit that includes 2 or more workers
14to which an approved short-time compensation plan applies.
15    "Health and retirement benefits" means employer-provided
16health benefits and retirement benefits under a defined benefit
17pension plan (as defined in Section 414(j) of the Internal
18Revenue Code) or contributions under a defined contribution
19plan (defined in Section 414(i) of the Internal Revenue Code),
20which are incidents of employment in addition to the cash
21remuneration earned.
22    "Short-time compensation" means the unemployment benefits
23payable to employees in an affected unit under an approved
24short-time compensation plan, as distinguished from the
25unemployment benefits otherwise payable under this Act.

 

 

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1    "Short-time compensation plan" means a plan submitted by an
2employer, for approval by the Director, under which the
3employer requests the payment of short-time compensation to
4workers in an affected unit of the employer to avert layoffs.
5    "Usual weekly hours of work" means the usual hours of work
6for full-time or part-time employees in the affected unit when
7that unit is operating on its regular basis, not to exceed 40
8hours and not including hours of overtime work.
9    "Unemployment insurance" means the unemployment benefits
10payable under this Act other than short-time compensation and
11includes any amounts payable pursuant to an agreement under any
12Federal law providing for compensation, assistance, or
13allowances with respect to unemployment.
14    C. An employer wishing to participate in the short-time
15compensation program shall submit a signed written short-time
16compensation plan to the Director for approval. The Director
17shall develop an application form to request approval of a
18short-time compensation plan and an approval process. The
19application shall include:
20        1. The employer's unemployment insurance account
21    number, the affected unit covered by the plan, including
22    the number of full-time or part-time workers in such unit,
23    the percentage of workers in the affected unit covered by
24    the plan, identification of each individual employee in the
25    affected unit by name and social security number, and any
26    other information required by the Director to identify plan

 

 

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1    participants.
2        2. A description of how workers in the affected unit
3    will be notified of the employer's participation in the
4    short-time compensation plan if such application is
5    approved, including how the employer will notify those
6    workers in a collective bargaining unit as well as any
7    workers in the affected unit who are not in a collective
8    bargaining unit. If the employer will not provide advance
9    notice to workers in the affected unit, the employer shall
10    explain in a statement in the application why it is not
11    feasible to provide such notice.
12        3. The employer's certification that it has the
13    approval of the plan from all collective bargaining
14    representatives of employees in the affected unit and has
15    notified all employees in the affected unit who are not in
16    a collective bargaining unit of the plan.
17        4. The employer's certification that it will not hire
18    additional part-time or full-time employees for, or
19    transfer employees to, the affected unit, while the program
20    is in operation.
21        5. A requirement that the employer identify the usual
22    weekly hours of work for employees in the affected unit and
23    the specific percentage by which their hours will be
24    reduced during all weeks covered by the plan. An
25    application shall specify the percentage of reduction for
26    which a short-time compensation application may be

 

 

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1    approved which shall be not less than 20% and not more than
2    60%. If the plan includes any week for which the employer
3    regularly provides no work (due to a holiday or other plant
4    closing), then such week shall be identified in the
5    application.
6        6. Certification by the employer that, if the employer
7    provides health and retirement benefits to any employee
8    whose usual weekly hours of work are reduced under the
9    program, such benefits will continue to be provided to the
10    employee participating in the short-time compensation
11    program under the same terms and conditions as though the
12    usual weekly hours of work of such employee had not been
13    reduced or to the same extent as other employees not
14    participating in the short-time compensation program. For
15    defined benefit retirement plans, the hours that are
16    reduced under the short-time compensation plan shall be
17    credited for purposes of participation, vesting, and
18    accrual of benefits as though the usual weekly hours of
19    work had not been reduced. The dollar amount of employer
20    contributions to a defined contribution plan that are based
21    on a percentage of compensation may be less due to the
22    reduction in the employee's compensation. Notwithstanding
23    any other provision to the contrary, a certification that a
24    reduction in health and retirement benefits is scheduled to
25    occur during the duration of the plan and will be
26    applicable equally to employees who are not participating

 

 

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1    in the short-time compensation program and to those
2    employees who are participating satisfies this paragraph.
3        7. Certification by the employer that the aggregate
4    reduction in work hours is in lieu of layoffs (temporary or
5    permanent layoffs, or both). The application shall include
6    an estimate of the number of workers who would have been
7    laid off in the absence of the short-time compensation
8    plan.
9        8. Agreement by the employer to: furnish reports to the
10    Director relating to the proper conduct of the plan; allow
11    the Director or his or her authorized representatives
12    access to all records necessary to approve or disapprove
13    the plan application, and after approval of a plan, to
14    monitor and evaluate the plan; and follow any other
15    directives the Director deems necessary for the agency to
16    implement the plan and which are consistent with the
17    requirements for plan applications.
18        9. Certification by the employer that participation in
19    the short-time compensation plan and its implementation is
20    consistent with the employer's obligations under
21    applicable Federal and Illinois laws.
22        10. The effective date and duration of the plan, which
23    shall expire no later than the end of the 12th full
24    calendar month after the effective date.
25        11. Any other provision added to the application by the
26    Director that the United States Secretary of Labor

 

 

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1    determines to be appropriate for purposes of a short-time
2    compensation program.
3    D. The Director shall approve or disapprove a short-time
4compensation plan in writing within 45 days of its receipt and
5promptly communicate the decision to the employer. A decision
6disapproving the plan shall clearly identify the reasons for
7the disapproval. The disapproval shall be final, but the
8employer shall be allowed to submit another short-time
9compensation plan for approval not earlier than 30 days from
10the date of the disapproval.
11    E. The short-time compensation plan shall be effective on
12the mutually agreed upon date by the employer and the Director,
13which shall be specified in the notice of approval to the
14employer. The plan shall expire on the date specified in the
15notice of approval, which shall be mutually agreed on by the
16employer and Director but no later than the end of the 12th
17full calendar month after its effective date. However, if a
18short-time compensation plan is revoked by the Director, the
19plan shall terminate on the date specified in the Director's
20written order of revocation. An employer may terminate a
21short-time compensation plan at any time upon written notice to
22the Director. Upon receipt of such notice from the employer,
23the Director shall promptly notify each member of the affected
24unit of the termination date. An employer may submit a new
25application to participate in another short-time compensation
26plan at any time after the expiration or termination date.

 

 

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1    F. The Director may revoke approval of a short-time
2compensation plan for good cause at any time, including upon
3the request of any of the affected unit's employees or their
4collective bargaining representative. The revocation order
5shall be in writing and shall specify the reasons for the
6revocation and the date the revocation is effective. The
7Director may periodically review the operation of each
8employer's short-time compensation plan to assure that no good
9cause exists for revocation of the approval of the plan. Good
10cause shall include, but not be limited to, failure to comply
11with the assurances given in the plan, termination of the
12approval of the plan by a collective bargaining representative
13of employees in the affected unit, unreasonable revision of
14productivity standards for the affected unit, conduct or
15occurrences tending to defeat the intent and effective
16operation of the short-time compensation plan, and violation of
17any criteria on which approval of the plan was based.
18    G. An employer may request a modification of an approved
19plan by filing a written request to the Director. The request
20shall identify the specific provisions proposed to be modified
21and provide an explanation of why the proposed modification is
22appropriate for the short-time compensation plan. The Director
23shall approve or disapprove the proposed modification in
24writing within 30 days of receipt and promptly communicate the
25decision to the employer. The Director, in his or her
26discretion, may approve a request for modification of the plan

 

 

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1based on conditions that have changed since the plan was
2approved provided that the modification is consistent with and
3supports the purposes for which the plan was initially
4approved. A modification may not extend the expiration date of
5the original plan, and the Director must promptly notify the
6employer whether the plan modification has been approved and,
7if approved, the effective date of modification. An employer is
8not required to request approval of plan modification from the
9Director if the change is not substantial, but the employer
10must report every change to plan to the Director promptly and
11in writing. The Director may terminate an employer's plan if
12the employer fails to meet this reporting requirement. If the
13Director determines that the reported change is substantial,
14the Director shall require the employer to request a
15modification to the plan.
16    H. An individual is eligible to receive short-time
17compensation with respect to any week only if the individual is
18eligible for unemployment insurance pursuant to subsection E of
19Section 500, not otherwise disqualified for unemployment
20insurance, and:
21        1. During the week, the individual is employed as a
22    member of an affected unit under an approved short-time
23    compensation plan, which was approved prior to that week,
24    and the plan is in effect with respect to the week for
25    which short-time compensation is claimed.
26        2. Notwithstanding any other provision of this Act

 

 

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1    relating to availability for work and actively seeking
2    work, the individual is available for the individual's
3    usual hours of work with the short-time compensation
4    employer, which may include, for purposes of this Section,
5    participating in training to enhance job skills that is
6    approved by the Director, including but not limited to as
7    employer-sponsored training or training funded under the
8    federal Workforce Innovation and Opportunity Act Workforce
9    Investment Act of 1998.
10        3. Notwithstanding any other provision of law, an
11    individual covered by a short-time compensation plan is
12    deemed unemployed in any week during the duration of such
13    plan if the individual's remuneration as an employee in an
14    affected unit is reduced based on a reduction of the
15    individual's usual weekly hours of work under an approved
16    short-time compensation plan.
17    I. The short-time compensation weekly benefit amount shall
18be the product of the percentage of reduction in the
19individual's usual weekly hours of work multiplied by the sum
20of the regular weekly benefit amount for a week of total
21unemployment plus any applicable dependent allowance pursuant
22to subsection C of Section 401.
23        1. An individual may be eligible for short-time
24    compensation or unemployment insurance, as appropriate,
25    except that no individual shall be eligible for combined
26    benefits (excluding any payments attributable to a

 

 

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1    dependent allowance pursuant to subsection C of Section
2    401) in any benefit year in an amount more than the maximum
3    benefit amount, nor shall an individual be paid short-time
4    compensation benefits for more than 52 weeks under a
5    short-time compensation plan.
6        2. The short-time compensation paid to an individual
7    (excluding any payments attributable to a dependent
8    allowance pursuant to subsection C of Section 401) shall be
9    deducted from the maximum benefit amount established for
10    that individual's benefit year.
11        3. Provisions applicable to unemployment insurance
12    claimants shall apply to short-time compensation claimants
13    to the extent that they are not inconsistent with
14    short-time compensation provisions. An individual who
15    files an initial claim for short-time compensation
16    benefits shall receive a monetary determination.
17        4. The following provisions apply to individuals who
18    work for both a short-time compensation employer and
19    another employer during weeks covered by the approved
20    short-time compensation plan:
21            i. If combined hours of work in a week for both
22        employers do not result in a reduction of at least 20%
23        of the usual weekly hours of work with the short-time
24        compensation employer, the individual shall not be
25        entitled to benefits under this Section.
26            ii. If combined hours of work for both employers

 

 

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1        results in a reduction equal to or greater than 20% of
2        the usual weekly hours of work for the short-time
3        compensation employer, the short-time compensation
4        benefit amount payable to the individual is reduced for
5        that week and is determined by multiplying the
6        percentage by which the combined hours of work have
7        been reduced by the sum of the weekly benefit amount
8        for a week of total unemployment plus any applicable
9        dependent allowance pursuant to subsection C of
10        Section 401. A week for which benefits are paid under
11        this subparagraph shall be reported as a week of
12        short-time compensation.
13            iii. If an individual worked the reduced
14        percentage of the usual weekly hours of work for the
15        short-time compensation employer and is available for
16        all his or her usual hours of work with the short-time
17        compensation employer, and the individual did not work
18        any hours for the other employer either because of the
19        lack of work with that employer or because the
20        individual is excused from work with the other
21        employer, the individual shall be eligible for
22        short-time compensation for that week. The benefit
23        amount for such week shall be calculated as provided in
24        the introductory clause of this subsection I.
25            iv. An individual who is not provided any work
26        during a week by the short-time compensation employer,

 

 

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1        or any other employer, and who is otherwise eligible
2        for unemployment insurance shall be eligible for the
3        amount of regular unemployment insurance determined
4        without regard to this Section.
5            v. An individual who is not provided any work by
6        the short-time compensation employer during a week,
7        but who works for another employer and is otherwise
8        eligible may be paid unemployment insurance for that
9        week subject to the disqualifying income and other
10        provisions applicable to claims for regular
11        unemployment insurance.
12    J. Short-time compensation shall be charged to employers in
13the same manner as unemployment insurance is charged under
14Illinois law. Employers liable for payments in lieu of
15contributions shall have short-time compensation attributed to
16service in their employ in the same manner as unemployment
17insurance is attributed. Notwithstanding any other provision
18to the contrary, to the extent that short-term compensation
19payments under this Section are reimbursed by the federal
20government, no benefit charges or payments in lieu of
21contributions shall be accrued by a participating employer.
22    K. A short-time compensation plan shall not be approved for
23an employer that is delinquent in the filing of any reports
24required or the payment of contributions, payments in lieu of
25contributions, interest, or penalties due under this Act
26through the date of the employer's application.

 

 

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1    L. Overpayments of other benefits under this Act may be
2recovered from an individual receiving short-time compensation
3under this Act in the manner provided under Sections 900 and
4901. Overpayments under the short-time compensation plan may be
5recovered from an individual receiving other benefits under
6this Act in the manner provided under Sections 900 and 901.
7    M. An individual who has received all of the short-time
8compensation or combined unemployment insurance and short-time
9compensation available in a benefit year shall be considered an
10exhaustee for purposes of extended benefits, as provided under
11the provisions of Section 409, and, if otherwise eligible under
12those provisions, shall be eligible to receive extended
13benefits.
14(Source: P.A. 98-1133, eff. 12-23-14.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2.01from Ch. 102, par. 42.01
4    5 ILCS 120/7
5    20 ILCS 5/5-550was 20 ILCS 5/6.23
6    20 ILCS 605/605-750
7    20 ILCS 630/2from Ch. 48, par. 2402
8    20 ILCS 1005/1005-155
9    20 ILCS 1510/35
10    20 ILCS 2405/3from Ch. 23, par. 3434
11    20 ILCS 3975/1from Ch. 48, par. 2101
12    20 ILCS 3975/2.5
13    20 ILCS 3975/3from Ch. 48, par. 2103
14    20 ILCS 3975/4.5
15    20 ILCS 3975/5from Ch. 48, par. 2105
16    20 ILCS 3975/6from Ch. 48, par. 2106
17    20 ILCS 3975/7from Ch. 48, par. 2107
18    20 ILCS 3975/7.2
19    20 ILCS 3975/7.5
20    20 ILCS 3975/8from Ch. 48, par. 2108
21    20 ILCS 4080/15
22    30 ILCS 787/15
23    110 ILCS 947/35
24    305 ILCS 5/9A-3from Ch. 23, par. 9A-3
25    325 ILCS 27/15

 

 

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1    820 ILCS 405/500from Ch. 48, par. 420
2    820 ILCS 405/502