Full Text of HB2927 97th General Assembly
HB2927enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Emergency Employment Development | 5 | | Act is amended by changing Sections 2, 3, 6, 7, 9 and by adding | 6 | | Sections 11, 12, 13, 14, 17, and 18 as follows:
| 7 | | (20 ILCS 630/2) (from Ch. 48, par. 2402)
| 8 | | Sec. 2. For the purposes of this Act, the following words | 9 | | have the
meanings ascribed to them in this Section.
| 10 | | (a) "Advisory Committee" means the 21st Century Workforce | 11 | | Development Fund Advisory Committee, established under the | 12 | | 21st Century Workforce Development Fund Act. | 13 | | (b) (a) "Coordinator" means the Illinois Emergency | 14 | | Employment
Development Coordinator appointed under Section 3.
| 15 | | (c) "Department" means the Illinois Department of Commerce | 16 | | and Economic Opportunity. | 17 | | (d) "Director" means the Director of Commerce and Economic | 18 | | Opportunity. | 19 | | (e) (b) "Eligible business" means a for-profit business.
| 20 | | (f) (c) "Eligible employer" means an eligible nonprofit | 21 | | agency, or
an eligible business.
| 22 | | (g) (d) "Eligible job applicant" means a person who (1) has | 23 | | been a resident
of this State for at least one year; and (2) is |
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| 1 | | unemployed;
and (3) is not
receiving and is not qualified to | 2 | | receive unemployment compensation or
workers' compensation; | 3 | | and (4) is determined by the employment
administrator to be | 4 | | likely to be available for employment by an eligible
employer | 5 | | for the duration of the job. :
| 6 | | A. (1) has been a resident
of this State for at least | 7 | | one year; and (2) is unemployed;
and (3) is not
receiving | 8 | | and is not qualified to receive unemployment compensation | 9 | | or
workers' compensation; and (4) is determined by the | 10 | | employment
administrator to be likely to be available for | 11 | | employment by an eligible
employer for the duration of the | 12 | | job; or
| 13 | | B. is otherwise eligible
for services under the Job | 14 | | Training Partnership Act (29 USCA 1501 et seq.).
| 15 | | In addition, a farmer who resides in a county qualified | 16 | | under Federal
Disaster Relief and who can demonstrate severe | 17 | | financial need may be
considered unemployed under this | 18 | | subsection.
| 19 | | (h) (e) "Eligible nonprofit agency" means an organization | 20 | | exempt from
taxation under the Internal Revenue Code of 1954, | 21 | | Section 501(c)(3).
| 22 | | (i) (f) "Employment administrator" means the | 23 | | administrative entity designated by the Coordinator, and | 24 | | approved by the Advisory Committee, to administer the | 25 | | provisions of this Act in each service delivery area. With | 26 | | approval of the Advisory Committee, the Coordinator may |
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| 1 | | designate an administrative entity authorized under the | 2 | | Workforce Investment Act or private, public, or non-profit | 3 | | entities that have proven effectiveness in providing training, | 4 | | workforce development, and job placement services to | 5 | | low-income individuals Manager of the
Department of Commerce | 6 | | and Economic Opportunity Job Training Programs Division
or his | 7 | | or her designee .
| 8 | | (j) "Fringe benefits" means all non-salary costs for each | 9 | | person employed under the program, including, but not limited | 10 | | to, workers compensation, unemployment insurance, and health | 11 | | benefits, as would be provided to non-subsidized employees | 12 | | performing similar work. | 13 | | (k) (g) "Household" means a group of persons living at the | 14 | | same residence
consisting of, at a maximum, spouses and the | 15 | | minor children of each.
| 16 | | (l) (h) "Program" means the Illinois Emergency Employment | 17 | | Development
Program created by this Act consisting of temporary | 18 | | work relief projects in
nonprofit agencies and new job creation | 19 | | in the private sector.
| 20 | | (i) "Service Delivery Area" means that unit or units of | 21 | | local
government designated by the Governor pursuant to Title | 22 | | I, Part A, Section
102 of the Job Training Partnership Act (29 | 23 | | USCA et seq.).
| 24 | | (j) "Excess unemployed" means the number of unemployed in | 25 | | excess of 6.5%
of the service delivery area population.
| 26 | | (k) "Private industry council" means governing body of each |
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| 1 | | service
delivery area created pursuant to Title I, Section 102 | 2 | | of the Job Training
Partnership Act (29 USC 1501 et seq.).
| 3 | | (m) "Service delivery area" means an area designated as a | 4 | | Local Workforce Investment Area by the State. | 5 | | (n) "Workforce Investment Act" means the federal Workforce | 6 | | Investment Act of 1998, any amendments to that Act, and any | 7 | | other applicable federal statutes. | 8 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 9 | | (20 ILCS 630/3) (from Ch. 48, par. 2403)
| 10 | | Sec. 3. Illinois Emergency Employment
Development | 11 | | Coordinator. | 12 | | (a) The governor shall may appoint an Illinois Emergency | 13 | | Employment
Development Coordinator to administer the | 14 | | provisions of this Act. The
coordinator shall be within the | 15 | | Department of Commerce and Economic Opportunity, but shall be | 16 | | responsible directly to the governor. The coordinator
shall | 17 | | have the powers necessary to carry out the purpose of the | 18 | | program.
| 19 | | (b) The coordinator shall:
| 20 | | (1) recommend one or more Employment Administrators | 21 | | for each service delivery area for approval by the Advisory | 22 | | Committee, with recommendations based on the demonstrated | 23 | | ability of the Employment Administrator to identify and | 24 | | address local needs Coordinate the Program with other State | 25 | | agencies ;
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| 1 | | (2) enter into a contract with one or more Employment | 2 | | Administrators in each service delivery area Coordinate | 3 | | administration of the program with the general assistance | 4 | | program ;
| 5 | | (3) assist the Employment Administrator in developing | 6 | | a satisfactory plan if an Employment Administrator submits | 7 | | one that does not conform to program requirements Set | 8 | | policy regarding disbursement of program funds ; and
| 9 | | (4) convene and provide staff support to the Advisory | 10 | | Committee; | 11 | | (5) coordinate the program with other State agencies | 12 | | and services including public benefits and workforce | 13 | | programs for unemployed individuals; and Perform general | 14 | | program marketing and monitoring functions.
| 15 | | (6) perform general program marketing and monitoring | 16 | | functions. | 17 | | (c) The coordinator shall administer the program within the | 18 | | Department
of Commerce and Economic Opportunity. The Director | 19 | | of Commerce and Economic Opportunity shall provide | 20 | | administrative support services to the coordinator
for the | 21 | | purposes of the program.
| 22 | | (d) The coordinator shall report to the Governor, the | 23 | | Advisory Committee, Illinois Job
Training Coordinating Council | 24 | | and the General Assembly on a
quarterly basis concerning (1) | 25 | | the number of persons employed under the
program; (2) the | 26 | | number and type
of employers under the program; (3) the amount |
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| 1 | | of money spent in each
service delivery area for wages for each | 2 | | type of employment
and each type of other
expenses; (4) the | 3 | | number of persons who have completed participation in the
| 4 | | program and their current employment, educational or training | 5 | | status; and
(5) any information requested by the General | 6 | | Assembly , the Advisory Committee, or governor or deemed
| 7 | | pertinent by the coordinator ; and (6) any identified violations | 8 | | of this Act and actions taken . Each report shall include | 9 | | cumulative
information, as well as information for each | 10 | | quarter.
| 11 | | (e) Rules. The Director of Commerce and Economic | 12 | | Opportunity, with the
advice of the coordinator and the | 13 | | Advisory Committee , shall adopt rules for the administration | 14 | | and
enforcement of this Act.
| 15 | | (Source: P.A. 96-995, eff. 1-1-11.)
| 16 | | (20 ILCS 630/6) (from Ch. 48, par. 2406)
| 17 | | Sec. 6. Program funds; uses. Funds appropriated for the | 18 | | purposes of the program shall not
exceed $10 million per fiscal | 19 | | year.
| 20 | | Funds appropriated for the purposes of the program may be | 21 | | used as follows:
| 22 | | (a) To provide a State contribution for wages and fringe | 23 | | benefits for
eligible job applicants for a maximum of 1,040 | 24 | | hours over a maximum period
of 52 26 weeks per job applicant. | 25 | | For eligible job applicants participating
in a job training |
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| 1 | | program, the State contribution for wages may be used for a
| 2 | | maximum period of 52 weeks per job applicant. The minimum | 3 | | allowable hourly wage for job applicants employed in this | 4 | | program shall not be below 120% of the current State minimum | 5 | | wage rate. At least 75% of the funds appropriated for the | 6 | | program must be used to pay wages and fringe benefits for | 7 | | eligible job applicants. State contribution amounts are as | 8 | | follows: | 9 | | (1) For for-profit business employers, the The State | 10 | | contribution for
wages shall be 50% of the minimum | 11 | | allowable hourly wage wages up to a maximum of $4 per hour | 12 | | for each
eligible job applicant employed.
The State | 13 | | contribution for fringe benefits may be up to 25% of the | 14 | | State wage contribution $1 per hour for
each eligible job | 15 | | applicant employed. The employer must match wages in an | 16 | | amount equal to or greater than the State contribution for | 17 | | this program. Employers are responsible for the remaining | 18 | | costs of any benefits provided and other employment related | 19 | | costs. The However, the employer may use funds
from other | 20 | | sources to provide increased wages and benefits to the | 21 | | applicants it employs .
During the first fiscal year in | 22 | | which the program is in effect, at least
75% of the funds | 23 | | appropriated for the program must be used
to pay wages for | 24 | | eligible job applicants. During each subsequent fiscal
| 25 | | year in which the program is in effect, at least 85% of the | 26 | | funds appropriated
for the program must be used to pay |
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| 1 | | wages for eligible job applicants ;
| 2 | | (2) For non-profit employers participating in this | 3 | | program, the State contribution for wages shall be 75% of | 4 | | the minimum allowable hourly wage for each eligible job | 5 | | applicant employed. The State contribution for fringe | 6 | | benefits may be up to 25% of the state wage contribution | 7 | | per hour for each eligible job applicant employed. The | 8 | | employer must match wages in an amount equal to or greater | 9 | | than the State contribution for this program. The State | 10 | | contribution may be used to provide workers' compensation | 11 | | coverage to applicants employed by government or | 12 | | non-profit agencies under this Act. Employers are | 13 | | responsible for the remaining costs of any benefits. The | 14 | | employer may use funds from other sources to provide | 15 | | increased wages and benefits to the applicants it employs. | 16 | | (b) To provide child care services or subsidies or other | 17 | | supportive services necessary to maintain employment to | 18 | | applicants employed
under the program;
| 19 | | (c) To provide workers' compensation coverage to | 20 | | applicants employed by
nonprofit agencies under the program;
| 21 | | (d) To provide job search assistance, labor market | 22 | | orientation, job
seeking and work readiness skills, and | 23 | | referral for other services;
| 24 | | (e) To purchase supplies and materials for projects | 25 | | creating permanent
improvements to public property in an amount | 26 | | not to exceed one percent of
the funds appropriated ; and .
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| 1 | | (f) To reimburse the Department in an amount not to exceed | 2 | | 1% of the funds appropriated for the actual cost of | 3 | | administering this Act, and to reimburse the Employment | 4 | | Administrators in an amount not to exceed 4.5% of the funds | 5 | | allocated to them for their actual cost of administering this | 6 | | Act. The Director and the Employment Administrators shall | 7 | | leverage funds from other sources to cover the administrative | 8 | | costs of this program whenever possible. | 9 | | The Employment Administrator of each service delivery area | 10 | | shall submit to the Coordinator a spending plan establishing | 11 | | that funds allocated to the service delivery area will be used | 12 | | within one year after the effective date, in the manner | 13 | | required by this Act. Any funds allocated to a service delivery | 14 | | area for which there is no spending plan approved by the | 15 | | Coordinator shall be returned to the Department and may be | 16 | | reallocated by the Coordinator to other Employment | 17 | | Administrators. | 18 | | (Source: P.A. 84-792.)
| 19 | | (20 ILCS 630/7) (from Ch. 48, par. 2407)
| 20 | | Sec. 7. Duties of State agencies. | 21 | | (a) The Department of Employment Security Commerce and | 22 | | Economic Opportunity shall
post information publicizing | 23 | | publicize the program and shall provide staff assistance as | 24 | | requested by
employment administrators in the screening of | 25 | | businesses and the collection of
data about participants in the |
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| 1 | | program .
| 2 | | (b) The Secretary of Human Services shall make available to | 3 | | each employment administrator lists of local child care | 4 | | providers through the Child Care Resource and Referral Network | 5 | | available to persons employed under the program. The Director | 6 | | of Children and Family Services shall provide to each
| 7 | | employment administrator lists of currently licensed local day | 8 | | care
facilities, updated quarterly, to be available to all | 9 | | persons employed under
the program.
| 10 | | (c) The Secretary of Human Services shall
post information | 11 | | publicizing the program to applicants and recipients of take | 12 | | all steps necessary to
inform each applicant for public aid of | 13 | | the availability of the program .
| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 15 | | (20 ILCS 630/9) (from Ch. 48, par. 2409)
| 16 | | Sec. 9. (a) Eligible businesses. A business employer is an | 17 | | eligible
employer if it enters into a written contract, signed | 18 | | and subscribed to
under oath, with the employment administrator | 19 | | for its service delivery
area containing assurances that:
| 20 | | (1) funds received by a business shall be used only as | 21 | | permitted under the program;
| 22 | | (2) the business has submitted a plan to the employment | 23 | | administrator
(1) describing the duties and proposed | 24 | | compensation of each employee
proposed to be hired under the | 25 | | program; and (2) demonstrating that with the
funds provided |
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| 1 | | under the program the business is likely to succeed and
| 2 | | continue to employ persons hired under the program;
| 3 | | (3) the business will use funds exclusively for | 4 | | compensation and fringe
benefits of eligible job applicants and | 5 | | will provide employees hired with
these funds with fringe | 6 | | benefits and other terms and conditions of
employment | 7 | | comparable to those provided to other employees of the business
| 8 | | who do comparable work;
| 9 | | (4) the funds are necessary to allow the business to begin, | 10 | | or to employ
additional people, but not to fill positions which | 11 | | would be filled even in
the absence of funds from this program;
| 12 | | (5) the business will cooperate with the coordinator in | 13 | | collecting data
to assess the result of the program; and
| 14 | | (6) the business is in compliance with all applicable | 15 | | affirmative
action, fair labor, health, safety, and | 16 | | environmental standards.
| 17 | | (b) In allocating funds among eligible businesses, the | 18 | | employment
administrator shall give priority to businesses | 19 | | which best satisfy the following
criteria:
| 20 | | (1) have a high potential for growth and long-term job | 21 | | creation;
| 22 | | (2) are labor intensive;
| 23 | | (3) make high use of local and State resources;
| 24 | | (4) are under ownership of women and minorities;
| 25 | | (4-5) meet the definition of a small business as defined in | 26 | | Section 5 of the Small Business Advisory Act; |
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| 1 | | (4-10) produce energy conserving materials or services or | 2 | | are involved in development of renewable sources of energy; | 3 | | (5) have their primary places of business in the State; and
| 4 | | (6) intend to continue the employment of the eligible | 5 | | applicant for at
least 6 months of unsubsidized employment.
| 6 | | (c) (Blank). If the eligible employee remains employed for | 7 | | 6 months of unsubsidized
employment, his employer may apply for | 8 | | a bonus equal to 1/6 of the subsidy
provided to the employer | 9 | | for that employee under this Act.
| 10 | | (d) A business receiving funds under this program shall | 11 | | repay 70% of the amount received for each eligible job | 12 | | applicant employed who does not continue in the employment of | 13 | | the business for at least 6 months beyond the subsidized period | 14 | | unless the employer dismisses an employee for good cause and | 15 | | works with the Employment Administrator to employ and train | 16 | | another person referred by the Employment Administrator. The | 17 | | Employment Administrator shall forward payments received under | 18 | | this subsection to the Coordinator on a monthly basis. The | 19 | | Coordinator shall deposit these payments into the Illinois 21st | 20 | | Century Workforce Development Fund. | 21 | | (Source: P.A. 84-1399.)
| 22 | | (20 ILCS 630/11 new) | 23 | | Sec. 11. Illinois 21st Century Workforce Development Fund | 24 | | Advisory Committee. | 25 | | (a) The 21st Century Workforce Development Fund Advisory |
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| 1 | | Committee, established under the 21st Century Workforce | 2 | | Development Fund Act, shall provide oversight to the Illinois | 3 | | Emergency Employment Development program. | 4 | | (b) The Advisory Committee shall meet at the call of the | 5 | | Coordinator to do the following: | 6 | | (1) establish guidelines for the selection of | 7 | | Employment Administrators; | 8 | | (2) review recommendations of the Coordinator and | 9 | | approve final selection of Employment Administrators; | 10 | | (3) develop guidelines for the emergency employment | 11 | | development plans to be created by each Employment | 12 | | Administrator; | 13 | | (4) review the emergency employment development plan | 14 | | submitted by the Employment Administrator of each service | 15 | | delivery area and approve satisfactory plans; | 16 | | (5) ensure that the program is widely marketed to | 17 | | employers and eligible job seekers; | 18 | | (6) set policy regarding disbursement of program | 19 | | funds; and | 20 | | (7) review program quarterly reports and make | 21 | | recommendations for program improvements as needed. | 22 | | (20 ILCS 630/12 new) | 23 | | Sec. 12. Allocation of funds among service delivery areas. | 24 | | (a) 90% of the funds available for allocation to Employment | 25 | | Administrators for the program must be allocated among service |
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| 1 | | delivery areas as follows: each service delivery area shall be | 2 | | eligible to receive that proportion of the funds available | 3 | | which equals the number of unemployed persons in the service | 4 | | delivery area divided by the total number of unemployed persons | 5 | | in the State for the 12-month period ending on the most recent | 6 | | March 31. | 7 | | (b) 10% of the funds available for allocation to employment | 8 | | administrators under the program must be allocated at the | 9 | | discretion of the Advisory Committee to Employment | 10 | | Administrators: | 11 | | (1) who will maximize the use of the funds through | 12 | | coordination with other programs and State, local, and | 13 | | federal agencies, through the use of matching funds, or | 14 | | through the involvement of low-income constituent groups; | 15 | | (2) who have demonstrated need beyond the allocation | 16 | | available under subsection (a); and | 17 | | (3) who have demonstrated outstanding performance in | 18 | | job creation. | 19 | | (20 ILCS 630/13 new) | 20 | | Sec. 13. Allocation within service delivery areas; | 21 | | priorities. Allocation of funds within a service delivery area | 22 | | shall be determined by the Employment Administrator in each | 23 | | service delivery area. The Employment Administrator shall give | 24 | | priority to job applicants who: (i) live in households with no | 25 | | other earned income source; (ii) have been unemployed for 6 |
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| 1 | | months or more; or (iii) who would otherwise be eligible to | 2 | | receive Temporary Aid to Needy Families under Article IV of the | 3 | | Public Aid Code, Supplemental Nutrition Assistance Program, or | 4 | | general assistance under Article VI of the Illinois Public Aid | 5 | | Code. | 6 | | (20 ILCS 630/14 new) | 7 | | Sec. 14. Employment Administrators; powers and duties. | 8 | | (a) The Employment Administrator for each service delivery | 9 | | area has the powers and duties given in this Section and any | 10 | | additional duties given by the Coordinator. | 11 | | (b) Each Employment Administrator shall develop an | 12 | | emergency employment development plan for its service delivery | 13 | | area under guidelines developed by the Advisory Committee and | 14 | | submit it to the Coordinator within the period allowed by the | 15 | | Coordinator. To the extent feasible, the Employment | 16 | | Administrator shall seek input from potential eligible | 17 | | employers and the public. The Employment Administrator shall | 18 | | consult with local sources of information to identify current | 19 | | local needs, including, but not limited to, local Workforce | 20 | | Investment Boards, economic development councils, community | 21 | | action agencies, and local Labor Market Information from the | 22 | | Department of Employment Security. | 23 | | (c) Each Employment Administrator shall publicize the | 24 | | program within its service delivery area to seek maximum | 25 | | participation by eligible job applicants and employers. |
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| 1 | | (d) Each Employment Administrator shall enter into | 2 | | contracts with eligible employers setting forth the terms of | 3 | | their participation in the program as required by this Act. | 4 | | (e) Each Employment Administrator shall screen job | 5 | | applicants and employers to achieve the best possible placement | 6 | | of eligible job applicants with eligible employers. | 7 | | (f) Each Employment Administrator shall maintain a list of | 8 | | eligible job applicants unable to secure employment under the | 9 | | program at the time of application. The list shall prioritize | 10 | | eligible job applicants and shall be used to fill jobs with | 11 | | eligible employers as they become available. Each Employment | 12 | | Administrator shall receive and coordinate referrals from | 13 | | other local organizations. | 14 | | (g) Each Employment Administrator shall cooperate with | 15 | | local educational and training institutions to coordinate and | 16 | | publicize the availability of their resources to assure that | 17 | | applicants may receive training needed before or while employed | 18 | | in jobs which are available under the program. | 19 | | (h) Each Employment Administrator may disburse funds not to | 20 | | exceed 1% of the amount allocated to its service delivery area | 21 | | for the purchase of supplies and materials for projects | 22 | | creating permanent improvements to public property. | 23 | | (20 ILCS 630/17 new) | 24 | | Sec. 17. Work incentive demonstration project. The | 25 | | coordinator and members of the Advisory Committee shall explore |
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| 1 | | avaliable resources to leverage in combination with the wage | 2 | | subsidies in this Act to develop a Transitional Jobs program. | 3 | | This Transitional Jobs program would prioritize services for | 4 | | individuals with limited experience in the labor market and | 5 | | barriers to employment, including but not limited to, | 6 | | recipients of Temporary Assistance to Needy Families, | 7 | | Supplemental Nutrition Assistance Program, or other related | 8 | | public assistance, and people with criminal records. | 9 | | (20 ILCS 630/18 new) | 10 | | Sec. 18. Worker displacement. | 11 | | (a) An eligible employer may not terminate, lay off, or | 12 | | reduce the working hours of an employee for the purpose of | 13 | | hiring an individual with funds available under this Act. | 14 | | (b) An eligible employer may not hire an individual with | 15 | | funds available under this Act if any other person is on layoff | 16 | | from the same or substantially equivalent job. | 17 | | (c) In order to qualify as an eligible employer, a | 18 | | government or non-profit agency or business must certify to the | 19 | | Employment Administrator that each job created and funded under | 20 | | this Act: | 21 | | (1) will result in an increase in employment | 22 | | opportunity over the level that would otherwise be | 23 | | available; | 24 | | (2) will not result in the displacement of currently | 25 | | employed workers, including partial displacement such as |
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| 1 | | reduction in hours of non-overtime work, wages, or | 2 | | employment benefits; and | 3 | | (3) will not impair existing contracts for service or | 4 | | result in the substitution of program funds for other funds | 5 | | in connection with work that would otherwise be performed. | 6 | | Section 10. The Corporate Accountability for Tax | 7 | | Expenditures Act is amended by changing Section 5 as follows:
| 8 | | (20 ILCS 715/5)
| 9 | | Sec. 5. Definitions. As used in this Act:
| 10 | | "Base years" means the first 2 complete calendar years | 11 | | following the
effective date of a
recipient receiving | 12 | | development assistance.
| 13 | | "Date of assistance" means the commencement date of the | 14 | | assistance
agreement, which
date triggers the period during | 15 | | which the recipient is obligated to create or
retain jobs and
| 16 | | continue operations at the specific project site.
| 17 | | "Default" means that a recipient has not achieved its job | 18 | | creation, job
retention, or wage
or benefit goals, as | 19 | | applicable, during the prescribed period therefor.
| 20 | | "Department" means, unless otherwise noted, the Department | 21 | | of Commerce
and
Economic Opportunity or any successor agency.
| 22 | | "Development assistance" means (1) tax credits and tax | 23 | | exemptions (other
than given
under tax increment financing) | 24 | | given as an incentive to a recipient business
organization
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| 1 | | pursuant to an initial certification or an initial designation | 2 | | made by the
Department under the
Economic
Development for a | 3 | | Growing Economy Tax Credit Act, River Edge Redevelopment Zone | 4 | | Act, and the Illinois Enterprise
Zone Act,
including the High | 5 | | Impact Business program, (2) grants or loans given to a
| 6 | | recipient as an
incentive to a business organization pursuant | 7 | | to the River Edge Redevelopment Zone Act, Large Business | 8 | | Development
Program, the
Business Development Public | 9 | | Infrastructure Program, or the Industrial Training
Program, | 10 | | (3) the
State Treasurer's Economic Program Loans, (4) the | 11 | | Illinois Department of
Transportation
Economic Development | 12 | | Program, and (5) all successor and subsequent programs and
tax | 13 | | credits
designed to promote large business relocations and | 14 | | expansions. "Development
assistance" does
not include tax | 15 | | increment financing, assistance provided under the Illinois
| 16 | | Enterprise Zone Act and River Edge Redevelopment Zone Act
| 17 | | pursuant to local ordinance, participation loans, or
financial
| 18 | | transactions through
statutorily authorized financial | 19 | | intermediaries in support of small business
loans and | 20 | | investments
or given in connection with the development of | 21 | | affordable housing. "Development assistance" includes | 22 | | assistance under the Illinois Emergency Employment Program | 23 | | pursuant to the Illinois Emergency Development Act.
| 24 | | "Development assistance agreement" means any agreement | 25 | | executed by the
State
granting body and the recipient setting | 26 | | forth the terms and conditions of
development
assistance to be |
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| 1 | | provided to the recipient consistent with the final
application | 2 | | for
development assistance, including but not limited to the | 3 | | date of assistance,
submitted to
and approved by the State | 4 | | granting body.
| 5 | | "Full-time, permanent job" means either: (1) the | 6 | | definition therefor in
the legislation
authorizing the | 7 | | programs described in the definition of development assistance
| 8 | | in the Act or (2)
if there is no such definition, then as | 9 | | defined in administrative rules
implementing such
legislation, | 10 | | provided the administrative rules were in place prior to the
| 11 | | effective date of this Act.
On and after the effective date of | 12 | | this Act, if there is no definition of
"full-time,
permanent | 13 | | job" in either
the legislation authorizing a program that | 14 | | constitutes economic development
assistance under
this Act or | 15 | | in any administrative rule implementing such legislation that | 16 | | was
in
place prior to the
effective date of this Act, then | 17 | | "full-time, permanent job" means a job in
which
the new
| 18 | | employee works for the recipient at a rate of at least 35 hours | 19 | | per week.
| 20 | | "New employee" means either: (1) the definition therefor in | 21 | | the
legislation authorizing
the programs described in the | 22 | | definition of development assistance in the Act
or (2) if there | 23 | | is no
such definition, then as defined in administrative rules | 24 | | implementing such
legislation, provided
the administrative | 25 | | rules were in place prior to the effective date of this Act.
On | 26 | | and after the effective
date of this Act, if there is no |
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| 1 | | definition of "new employee" in either the
legislation | 2 | | authorizing a
program that constitutes economic development | 3 | | assistance under this Act nor in
any
administrative rule | 4 | | implementing such legislation that was in place prior to
the
| 5 | | effective date of
this Act, then "new employee" means a | 6 | | full-time, permanent employee who
represents a net
increase in | 7 | | the number of the recipient's employees statewide. "New | 8 | | employee"
includes an
employee who previously filled a new | 9 | | employee position with the recipient who
was rehired or
called | 10 | | back from a layoff that occurs during or following the base | 11 | | years.
| 12 | | The term "New Employee" does not include any of the | 13 | | following:
| 14 | | (1) An employee of the recipient who performs a job | 15 | | that was
previously
performed by another employee in this | 16 | | State, if that job existed in this State
for at least 6 | 17 | | months before
hiring the
employee.
| 18 | | (2) A child, grandchild, parent, or spouse, other than | 19 | | a spouse who is
legally
separated from the individual, of | 20 | | any individual who has a direct or indirect
ownership
| 21 | | interest of at least 5% in the profits, capital, or value | 22 | | of any member of
the recipient.
| 23 | | "Part-time job" means either: (1) the definition therefor | 24 | | in the
legislation authorizing the
programs described in the | 25 | | definition of development assistance in the Act or
(2) if there | 26 | | is no
such definition, then as defined in administrative rules |
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| 1 | | implementing such
legislation, provided
the administrative | 2 | | rules were in place prior to the effective date of this Act.
On | 3 | | and after the effective
date of this Act, if there is no | 4 | | definition of "part-time job" in either the
legislation | 5 | | authorizing a
program that constitutes economic development | 6 | | assistance under this Act or in
any
administrative rule | 7 | | implementing such legislation that was in place prior to
the
| 8 | | effective date of
this Act, then "part-time job" means a job in | 9 | | which the new employee works for
the recipient at a
rate of | 10 | | less than 35 hours per week.
| 11 | | "Recipient" means any business that receives economic | 12 | | development
assistance. A
business is any corporation, limited | 13 | | liability company, partnership, joint
venture, association,
| 14 | | sole proprietorship, or other legally recognized entity.
| 15 | | "Retained employee" means either: (1) the definition | 16 | | therefor in the
legislation
authorizing the programs described | 17 | | in the definition of development assistance
in the Act or (2)
| 18 | | if there is no such definition, then as defined in | 19 | | administrative rules
implementing such
legislation, provided | 20 | | the administrative rules were in place prior to the
effective | 21 | | date of this Act.
On and after the effective date of this Act, | 22 | | if there is no definition of
"retained
employee" in either the
| 23 | | legislation authorizing a program that constitutes economic | 24 | | development
assistance under this
Act or in any administrative | 25 | | rule implementing such legislation that was in
place prior to | 26 | | the
effective date of this Act, then "retained employee" means |
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| 1 | | any employee defined
as having a
full-time or full-time | 2 | | equivalent job preserved at a specific facility or site,
the | 3 | | continuance of
which is threatened by a specific and | 4 | | demonstrable threat, which shall be
specified in the
| 5 | | application for development assistance.
| 6 | | "Specific project site" means that distinct operational | 7 | | unit to which
any development
assistance is applied.
| 8 | | "State granting body" means the Department, any State | 9 | | department or State
agency
that provides
development | 10 | | assistance that has reporting requirements under this Act, and | 11 | | any
successor
agencies to any of the preceding.
| 12 | | "Temporary job" means either: (1) the definition therefor | 13 | | in the
legislation authorizing
the programs described in the | 14 | | definition of development assistance in the Act
or (2) if there | 15 | | is no
such definition, then as defined in administrative rules | 16 | | implementing such
legislation, provided
the administrative | 17 | | rules were in place prior to the effective date of this Act.
On | 18 | | and after the effective
date of this Act, if there is no | 19 | | definition of "temporary job" in either the
legislation | 20 | | authorizing a
program that constitutes economic development | 21 | | assistance under this Act or in
any
administrative rule | 22 | | implementing such legislation that was in place prior to
the
| 23 | | effective date of
this Act, then "temporary job" means a job in | 24 | | which the new employee is hired
for a specific
duration of time | 25 | | or season.
| 26 | | "Value of assistance" means the face value of any form of |
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| 1 | | development
assistance.
| 2 | | (Source: P.A. 93-552, eff. 8-20-03; 94-793, eff. 5-19-06; | 3 | | 94-1021, eff. 7-12-06.)
| 4 | | Section 15. The 21st Century Workforce Development Fund Act | 5 | | is amended by changing Section 15 as follows: | 6 | | (30 ILCS 787/15)
| 7 | | Sec. 15. Use of Fund. | 8 | | (a) Role of Fund. Subject to appropriation, resources | 9 | | Resources from the Fund are intended to be used flexibly to | 10 | | support innovative and locally-driven strategies, to leverage | 11 | | other funding sources, and to fill gaps in existing workforce | 12 | | development resources in Illinois. They are not intended to | 13 | | supplant existing workforce development resources. | 14 | | (b) Distribution of funds. Funds shall be distributed | 15 | | through competitive grantmaking processes administered by the | 16 | | Department and overseen by the Advisory Committee. No more than | 17 | | 6% of funds used for grants may be retained by the Department | 18 | | for administrative costs or for program evaluation or technical | 19 | | assistance activities. | 20 | | (c) Grantmaking. The Department must administer funds | 21 | | through competitive grantmaking in accordance with the | 22 | | priorities described in this Act. Grantmaking must be used to | 23 | | support workforce development strategies consistent with the | 24 | | priorities outlined in this Act. Strategies may include, but |
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| 1 | | are not limited to the following: | 2 | | (i) Expanded grantmaking for existing State workforce | 3 | | development strategies, including the Job Training and | 4 | | Economic Development Program and programs designed to | 5 | | increase the number of persons traditionally | 6 | | underrepresented in the building trades, specifically | 7 | | minorities and women. | 8 | | (ii) Workforce development initiatives that help the | 9 | | least skilled adults access employment and education | 10 | | opportunities, including transitional jobs programs and | 11 | | educational bridge programming that integrate basic | 12 | | education and occupational skills training. | 13 | | (iii) Sectoral strategies that develop | 14 | | industry-specific workforce education and training | 15 | | services that lead to existing or expected jobs with | 16 | | identified employers and that include services to ensure | 17 | | that low-income, low-skilled adults can be served. | 18 | | (iv) Support for the development and implementation of | 19 | | workforce education and training programs in the energy | 20 | | efficiency, renewable energy, and pollution control | 21 | | cleanup and prevention industries. | 22 | | (v) Support for planning activities that: ensure that | 23 | | workforce development and education needs of low-skilled | 24 | | adults are integrated into industry-specific career | 25 | | pathways; analyze labor market data to track workforce | 26 | | trends in the State's energy-related initiatives; or |
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| 1 | | increase the capacity of communities to provide workforce | 2 | | services to low-income, low-skilled adults.
| 3 | | (d) Allowable expenditures. Grant funds are limited to | 4 | | expenditures for the following: | 5 | | (i) Basic skills training, adult education, | 6 | | occupational training, job readiness training, and | 7 | | soft-skills training for which financial aid is otherwise | 8 | | not available.
| 9 | | (ii) Workforce development-related services including | 10 | | mentoring, job development, support services, | 11 | | transportation assistance, and wage subsidies, that are | 12 | | tied to participation in training and employment.
| 13 | | (iii) Capacity building, program development, and | 14 | | technical assistance activities necessary for the | 15 | | development and implementation of new workforce education | 16 | | and training strategies.
| 17 | | No more than 5% of any grant may be used for administrative | 18 | | costs.
| 19 | | (e) Eligible applicants. For grants under this Section, | 20 | | eligible applicants include the following:
| 21 | | (i) Any private, public, and non-profit entities that | 22 | | provide education, training, and workforce development | 23 | | services to low-income individuals. | 24 | | (ii) Educational institutions. | 25 | | (iii) Labor and business associations.
| 26 | | (Source: P.A. 96-771, eff. 8-28-09.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2011.
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