093_HB2598

 
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 1        AN ACT concerning guaranteed job opportunity projects.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois Guaranteed Job Opportunity Act
 5    is amended by changing Sections 10, 15, 25, 30, 35,  40,  45,
 6    50, 55, and 65 as follows:

 7        (20 ILCS 1510/10)
 8        Sec. 10.  Definitions.  As used in this Act:
 9        "Department" means the Department of Human Services.
10        "Eligible  area"  means a county or unit of general local
11    government that has a population of no more than 300,000.
12        (a)  "Participant" means an individual who is  determined
13    to be eligible under Section 25.
14        (b)  "Project" means the definable task or group of tasks
15    which:
16             (1)  will  be  carried  out  by  a  public agency, a
17        private nonprofit organization, a private contractor,  or
18        a cooperative,
19             (2)  (blank),   will   meet   the   requirements  of
20        subsection (f) of Section 35,
21             (3)  will  result   in   a   specific   product   or
22        accomplishment, and
23             (4)  would  not otherwise be conducted with existing
24        funds.
25        "Secretary" (c) "Director" means the Secretary  of  Human
26    Services Director of Labor.
27    (Source: P.A. 88-114.)

28        (20 ILCS 1510/15)
29        Sec.  15.  Establishment  of  program. The Department may
30    issue grants for the operation of projects  under  this  Act.
 
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 1    The  issuance of the grants is subject to the availability of
 2    State  or  federal  funds  and  at  the  discretion  of   the
 3    Secretary.  Grants  shall  be  made  and  projects  shall  be
 4    assisted  under this Act only to the extent that funding from
 5    federal sources is available for  those  purposes.  From  the
 6    sums  appropriated  by  the  General  Assembly for any fiscal
 7    year, the Director shall make grants  to  Executive  Councils
 8    established  in accordance with Section 20 for the purpose of
 9    assisting local job projects which meet the  requirements  of
10    this  Act. The General Assembly may appropriate funds for the
11    purposes of this Section from any appropriate State source or
12    from any appropriate  federal  source,  regardless  of  which
13    State agency is the initial recipient of the federal funds.
14    (Source: P.A. 88-114.)

15        (20 ILCS 1510/25)
16        Sec. 25.  Program eligibility.
17        (a)  General   Rule.    An   individual  is  eligible  to
18    participate in the job projects assisted under  this  Act  if
19    the individual:
20             (1)  is at least 16 years of age;
21             (2)  has  resided  in the eligible area for at least
22        30 days;
23             (3)  has been unemployed for 35 days  prior  to  the
24        determination  of  employment  for  job projects assisted
25        under this Act; and
26             (4)  is  a  citizen  of  the  United  States,  is  a
27        national of the United States,  is  a  lawfully  admitted
28        permanent  resident alien, is a lawfully admitted refugee
29        or parolee, or is  otherwise  authorized  by  the  United
30        States Attorney General to work in the United States; and
31             (5)  is  a  recipient of assistance under Article IV
32        of the Illinois Public Aid Code.
33        (b)  Limitations.
 
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 1             (1)  (Blank).   Not  more  than  2  individuals  who
 2        reside in  any  household  may  be  eligible  for  a  job
 3        assisted under this Act.
 4             (2)  (Blank).  No individual whose earned income for
 5        the year preceding the year in which the determination of
 6        employment  under  this  Act  is made is equal to or more
 7        than $17,000, or who has a combined family income in  the
 8        year  in which the determination of employment under this
 9        Act is made which is equal to  or  more  than  $17,000  a
10        year, may be eligible for a job assisted under this Act.
11             (3)  No   individual   participating   in   the  job
12        opportunity project assisted under this Act may  work  in
13        any  compensated  job  other  than the job assisted under
14        this Act for more than 20 16 hours per week.
15             (4)  Individuals Each  individual  participating  in
16        the   job   project   assisted   under   this  Act  shall
17        demonstrate, to the project manager of  the  job  project
18        assisted under this Act shall, that the individual sought
19        employment in the private sector during the 35 days prior
20        to  making  application for employment under this Act and
21        will continue to seek employment  during  the  period  of
22        employment assisted under this Act.
23             (5)  Any individual eligible for retirement benefits
24        under  the  Social  Security  Act,  under  any retirement
25        system  for  Federal  Government  employees,  under   the
26        railroad retirement system, under the military retirement
27        system, under a State or local government pension plan or
28        retirement  system, or any private pension program is not
29        eligible to receive a job under a  job  project  assisted
30        under this Act.
31    (Source: P.A. 88-114.)

32        (20 ILCS 1510/30)
33        Sec.   30.  Testing   and   Education  requirements.  Any
 
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 1    individual  who  has  not  completed  high  school  and   who
 2    participates  in  a job project under this Act may enroll, if
 3    appropriate, in  and  maintain  satisfactory  progress  in  a
 4    secondary  school or an adult basic education or GED program.
 5    Any individual with  limited  English  speaking  ability  may
 6    participate,  if  appropriate,  in  an  English  as  a Second
 7    Language program.
 8        (a)  Testing.  Each participant shall be tested for basic
 9    reading and writing  competence  by  the  District  Executive
10    Council  prior  to employment by a job project assisted under
11    this Act.
12        (b)  Education Requirement.
13             (1)  Each  participant   who   fails   to   complete
14        satisfactorily  the  basic  competency  test  required by
15        subsection  (a)  of  this  Section  shall  be   furnished
16        counseling and instruction.
17        (2)  Each  participant  in  a  job project assisted under
18        this Act shall, in order to continue employment, maintain
19        satisfactory progress  toward  and  receive  a  secondary
20        school diploma or its equivalent.
21        (3)  Each   participant  with  limited  English  speaking
22        ability may be  furnished  instruction  as  the  District
23        Executive Council deems appropriate.
24    (Source: P.A. 88-114.)

25        (20 ILCS 1510/35)
26        Sec. 35.  Local Job Projects.
27        (a)  General   authority.    The  Department  may  accept
28    applications and issue grants for operation of projects under
29    this Act.   Each District Executive Council shall select  job
30    projects  to  be  assisted  under this Act.  Each job project
31    selected for assistance shall provide employment to  eligible
32    participants.
33        (b)  Project  Objection.   Each  selected  project  shall
 
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 1    provide  subsidized  employment  to  Temporary Assistance for
 2    Needy Families (TANF) participants for a period of  not  more
 3    than 6 months.  The selected projects shall demonstrate their
 4    ability  to move clients from participation in the project to
 5    unsubsidized employment.  No project may  be  selected  under
 6    this  Section  if  an  objection to the project is filed by 2
 7    representatives appointed under subparagraph (A) of paragraph
 8    (3) of subsection (a) of Section 20 or by  2  representatives
 9    appointed   under   subparagraph  (B)  of  paragraph  (3)  of
10    subsection (a) of Section 20.
11        (c)  Political affiliation  prohibited.   No  manager  or
12    other  officer or employee of a District Executive Council or
13    of the job project  assisted  under  this  Act  may  apply  a
14    political    affiliation    test    in   selecting   eligible
15    participation for employment in the project.
16        (d)  Limitations.
17             (1)  Not more than 10% of the total expenses in  any
18        fiscal   year   of  the  job  project  may  be  used  for
19        transportation and equipment.
20             (2)  (Blank).  Not more than 10% of the  individuals
21        employed  in  any job project assisted under this Act may
22        be employed to supervise a project.  Individuals selected
23        as supervisors may be  selected  without  regard  to  the
24        provisions  of Section 25 and may receive wages in excess
25        of the rate determined under Section 40.  The  limitation
26        on  the ratio of supervisors to employees shall not apply
27        where more  supervision  of  eligible  participants  will
28        contribute to carrying out the objectives of this Act.
29        (e)  Minimum   Maximum   hours  per  week  employed.   No
30    eligible participant employed in a job project assisted under
31    this Act may be employed on the project for less more than 30
32    32 hours per week.
33        (f)  (Blank).  Project Progress  Reports.   Each  project
34    manager  shall  prepare  and submit to the District Executive
 
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 1    Council monthly progress reports on the job project  assisted
 2    under this Act.
 3    (Source: P.A. 88-114.)

 4        (20 ILCS 1510/40)
 5        Sec. 40.  Benefits; supportive services; job clubs.
 6        (a)  Wages.  Each eligible participant who is employed in
 7    job  projects  assisted  under  this  Act shall receive wages
 8    equal to the higher of (1) the  minimum  wage  under  Section
 9    6(a)(1)  of  the Fair Labor Standards Act of 1938 or, (2) the
10    minimum wage under the applicable minimum wage  law,  or  (3)
11    the amount which the eligible participant received in welfare
12    benefits  pursuant to the State plan approved under Part A of
13    Title IV of the  Social  Security  Act  or  in  the  form  of
14    unemployment  compensation,  if  applicable,  plus 10% of the
15    amount, whichever is higher.
16        (b)  Benefits.  Each eligible participant who is employed
17    in projects  assisted  under  this  Act  shall  be  furnished
18    benefits and employment conditions comparable to the benefits
19    and  conditions  provided  to  other  employees  employed  in
20    similar   occupations  by  a  comparable  employer,  but   No
21    participant shall be eligible for  unemployment  compensation
22    during or on the basis of employment in a project.
23        (c)  Supportive  services.  Each eligible participant who
24    is employed in projects assisted  under  this  Act  shall  be
25    eligible  for  supportive  services  as  provided under rules
26    developed   by   the   Department,    which    may    include
27    transportation,  health  care, special services and materials
28    for the handicapped, child care and other services which  are
29    necessary to enable the individual to participate.
30        (d)  Job  clubs.  All participants shall participate in a
31    job club.   The  project  shall  operate  or  otherwise  make
32    arrangements  for  each  participant  to participate in a job
33    club. Each District Executive Council shall establish for the
 
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 1    eligible area job clubs to assist eligible participants  with
 2    the  preparation  of resumes, the development of interviewing
 3    techniques, evaluation of individual job  search  activities,
 4    and economic education classes.
 5    (Source: P.A. 88-114.)

 6        (20 ILCS 1510/45)
 7        Sec. 45.  Labor standards applicable to job projects.
 8        (a)  Conditions of employment.
 9             (1)  Conditions  of employment and training shall be
10        appropriate and reasonable in light of  factors  such  as
11        the type of work, geographical region, and proficiency of
12        the participant.
13             (2)  Health  and  safety standards established under
14        State and Federal law, otherwise  applicable  to  working
15        conditions  of  employees, shall be equally applicable to
16        working conditions of participants.  With respect to  any
17        participant in a job project conducted under this Act who
18        is  engaged in activities which are not covered by health
19        and safety standards under the  Occupational  Safety  and
20        Health  Act  of  1970,  the  Director shall prescribe, by
21        regulation, standards as may be necessary to protect  the
22        health and safety of a participant.
23             (3)  No  funds  available under this Act may be used
24        for  contributions  on  behalf  of  any  participant   to
25        retirement systems or plans.
26        (b)  Displacement rules.
27             (1)  No currently employed worker shall be displaced
28        by  any  participant, including partial displacement such
29        as a reduction in the hours of nonovertime  work,  wages,
30        or employment benefits.
31             (2)  No  job project shall impair existing contracts
32        for services or collective bargaining agreements,  except
33        that  no  job  project  under  this  Act  which  would be
 
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 1        inconsistent with the terms of  a  collective  bargaining
 2        agreement   shall   be  undertaken  without  the  written
 3        concurrence  of  the  labor  organization  and   employer
 4        concerned.
 5             (3)  No participant shall be employed or job opening
 6        filled  when  any  other individual is on layoff from the
 7        same or any substantially equivalent  job,  or  when  the
 8        employer  has  terminated  the  employment of any regular
 9        employee or otherwise  reduced  its  workforce  with  the
10        intention  of  filling the vacancy so created by hiring a
11        participant whose wages are subsidized under this Act.
12             (4)  No jobs shall be created in a promotional  line
13        that  will  infringe  in  any  way  upon  the promotional
14        opportunities of currently employed individuals.
15    (Source: P.A. 88-114.)

16        (20 ILCS 1510/50)
17        Sec. 50.  Nondiscrimination.
18        (a)  General rule.
19             (1)  Discrimination on the  basis  of  age,  on  the
20        basis  of  handicap, on the basis of sex, or on the basis
21        of race, color, or national origin is prohibited.
22             (2)  No   individual   shall   be   excluded    from
23        participation  in,  denied  the benefits of, subjected to
24        discrimination  under,  or  denied  employment   in   the
25        administration  of  or  in  connection  with  any project
26        because of race, color, religion, sex,  national  origin,
27        age, handicap, or political affiliation or belief.
28             (3)  (Blank).   No  participant shall be employed on
29        the  construction,  operation,  or  maintenance  of   any
30        facility  used or to be used for sectarian instruction or
31        as a place for religious worship.
32             (4)  With respect to terms and conditions affecting,
33        or rights provided to, individuals who  are  participants
 
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 1        in activities supported by funds provided under this Act,
 2        the individuals shall not be discriminated against solely
 3        because of their status as the participants.
 4        (b)  (Blank).   Failure  To  Comply With Rules.  Whenever
 5    the Director finds that a recipient has failed to comply with
 6    subsection  (a)  of  this  Section,  or  with  an  applicable
 7    regulation prescribed to carry out this Section, the Director
 8    shall notify the recipient and shall request compliance.   If
 9    within  a  reasonable  period of time, not to exceed 60 days,
10    the recipient fails or refuses to comply,  the  Director  may
11    (1)   refer  the  matter  to  the  Attorney  General  with  a
12    recommendation  that   an   appropriate   civil   action   be
13    instituted,  or  (2)  take other action as may be provided by
14    law.
15        (c)  (Blank).  Referral  to  Attorney  General.   When  a
16    matter  is  referred  to  the  Attorney  General  pursuant to
17    paragraph (1) of subsection (b),  or  whenever  the  Attorney
18    General  has reason to believe that a recipient is engaged in
19    a pattern or practice in violation  of  subsection  (a),  the
20    Attorney  General may bring a civil action in any appropriate
21    court  of  the  State  of  Illinois  for  relief  as  may  be
22    appropriate, including injunctive relief.
23    (Source: P.A. 88-114.)

24        (20 ILCS 1510/55)
25        Sec.  55.  Evaluation.    The   project   Each   District
26    Executive   Council   shall   establish  and  maintain  a  an
27    evaluation file for each individual  employed  in  a  project
28    assisted  under  this Act.  These files shall be available to
29    the Department upon request.  The evaluation  file  shall  be
30    made  available  to  the participant monthly and shall not be
31    available to any other person  without  the  consent  of  the
32    employee.   In  carrying  out the provisions of this Section,
33    each Council  shall  assure  that  the  participant  will  be
 
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 1    afforded  the opportunity to discuss any matter contained in,
 2    or omitted from, the file.
 3    (Source: P.A. 88-114.)

 4        (20 ILCS 1510/65)
 5        Sec. 65.  Evaluation.  The Department  shall  conduct  an
 6    evaluation  of  the success of the projects funded under this
 7    Act.  Each project shall cooperate with the Department in the
 8    collection  of  any   data   needed   for   the   evaluation.
 9    Administration.
10        (a)  Accepting  Property  For  Use  Under  This Act.  The
11    Director is authorized, in carrying out this Act, to  accept,
12    purchase,  or lease in the name of the Department, and employ
13    or dispose of in furtherance of the purpose of this Act,  any
14    money  or  property,  real,  personal,  or mixed, tangible or
15    intangible, received by gift, devise, bequest, or  otherwise,
16    and to accept voluntary and uncompensated services.
17        (b)  General  Administrative Authority.  The Director may
18    make grants, contracts, or agreements,  establish  procedures
19    and  make  payments, in installments, in advance or by way of
20    reimbursement, or otherwise allocate or  expend  funds  under
21    this  Act  as  necessary  to  carry  out  this Act, including
22    expenditures   for   construction,   repairs,   and   capital
23    improvements, and including necessary adjustments in payments
24    on account of overpayments or underpayments.
25        (c)  Waiver Authority.  The Director may waive:
26             (1)  the testing requirement  for  individuals  with
27        handicaps;
28             (2)  the  education  requirement in paragraph (2) of
29        subsection (b) of Section 30; and
30             (3)  subject  to  a  2/3  vote  of   each   District
31        Executive  Council, the requirement relating to a 32-hour
32        work week under subsection (e) of Section 35 for  unusual
33        circumstances.
 
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 1        (d)  Report.   The  Director  shall prepare and submit to
 2    the General Assembly an annual report on  the  administration
 3    of this Act.  The Director shall include the following in the
 4    report:
 5             (1)  a  summary  of  the achievements, failures, and
 6        problems of  the  programs  authorized  in  this  Act  in
 7        meeting the objective of this Act; and
 8             (2)  recommendations,  including recommendations for
 9        legislative or administrative  action,  as  the  Director
10        deems appropriate.
11        (e)  Audit.  The Auditor General of the State of Illinois
12    and  any authorized representatives shall have access for the
13    purpose of audit and examination  to  any  books,  documents,
14    papers, and records, of any recipient under this Act that are
15    pertinent  to  the  amounts received and disbursed under this
16    Act.
17        (f)  Adoption  of  rules.    The   Director   may   adopt
18    appropriate rules to carry out this Act.
19    (Source: P.A. 88-114.)

20        (20 ILCS 1510/20 rep.)
21        (20 ILCS 1510/60 rep.)
22        Section  10.  The Illinois Guaranteed Job Opportunity Act
23    is amended by repealing Sections 20 and 60.

24        Section 99.  Effective date.  This Act takes effect  July
25    1, 2003.