State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ]


92_HB0480

 
                                               LRB9205034JMmb

 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  of
30    Human Services may issue grants for the operation of projects
 
                            -2-                LRB9205034JMmb
 1    under this Act.  The issuance of the grants is subject to the
 2    availability  of State or federal funds and at the discretion
 3    of the Secretary of Human Services. Grants shall be made  and
 4    projects  shall be assisted under this Act only to the extent
 5    that funding from federal  sources  is  available  for  those
 6    purposes.  From the sums appropriated by the General Assembly
 7    for any fiscal  year,  the  Director  shall  make  grants  to
 8    Executive  Councils established in accordance with Section 20
 9    for the purpose of assisting local job  projects  which  meet
10    the  requirements  of  this  Act.  The  General  Assembly may
11    appropriate funds for the purposes of this Section  from  any
12    appropriate  State  source  or  from  any appropriate federal
13    source, regardless of  which  State  agency  is  the  initial
14    recipient of the federal funds.
15    (Source: P.A. 88-114.)

16        (20 ILCS 1510/25)
17        Sec. 25.  Program eligibility.
18        (a)  General   Rule.    An   individual  is  eligible  to
19    participate in the job projects assisted under  this  Act  if
20    the individual:
21             (1)  is at least 16 years of age;
22             (2)  has  resided  in the eligible area for at least
23        30 days;
24             (3)  has been unemployed for 35 days  prior  to  the
25        determination  of  employment  for  job projects assisted
26        under this Act; and
27             (4)  is  a  citizen  of  the  United  States,  is  a
28        national of the United States,  is  a  lawfully  admitted
29        permanent  resident alien, is a lawfully admitted refugee
30        or parolee, or is  otherwise  authorized  by  the  United
31        States Attorney General to work in the United States; and
32             (5)  is  a  recipient of assistance under Article IV
33        of the Illinois Public Aid Code.
 
                            -3-                LRB9205034JMmb
 1        (b)  Limitations.
 2             (1)  (Blank).   Not  more  than  2  individuals  who
 3        reside in  any  household  may  be  eligible  for  a  job
 4        assisted under this Act.
 5             (2)  (Blank).  No individual whose earned income for
 6        the year preceding the year in which the determination of
 7        employment  under  this  Act  is made is equal to or more
 8        than $17,000, or who has a combined family income in  the
 9        year  in which the determination of employment under this
10        Act is made which is equal to  or  more  than  $17,000  a
11        year, may be eligible for a job assisted under this Act.
12             (3)  No   individual   participating   in   the  job
13        opportunity project assisted under this Act may  work  in
14        any  compensated  job  other  than the job assisted under
15        this Act for more than 20 16 hours per week.
16             (4)  Individuals Each  individual  participating  in
17        the   job   project   assisted   under   this  Act  shall
18        demonstrate, to the project manager of  the  job  project
19        assisted under this Act shall, that the individual sought
20        employment in the private sector during the 35 days prior
21        to  making  application for employment under this Act and
22        will continue to seek employment  during  the  period  of
23        employment assisted under this Act.
24             (5)  Any individual eligible for retirement benefits
25        under  the  Social  Security  Act,  under  any retirement
26        system  for  Federal  Government  employees,  under   the
27        railroad retirement system, under the military retirement
28        system, under a State or local government pension plan or
29        retirement  system, or any private pension program is not
30        eligible to receive a job under a  job  project  assisted
31        under this Act.
32    (Source: P.A. 88-114.)

33        (20 ILCS 1510/30)
 
                            -4-                LRB9205034JMmb
 1        Sec.   30.  Testing   and   Education  requirements.  Any
 2    individual  who  has  not  completed  high  school  and   who
 3    participates  in a job project under this Act shall enroll in
 4    and maintain satisfactory progress in a secondary  school  or
 5    an adult basic education or GED program.  Any individual with
 6    limited  English  speaking  ability  shall  participate in an
 7    English as a Second 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
 
                            -5-                LRB9205034JMmb
 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)  Maximum   hours  per  week  employed.   No  eligible
30    participant employed in a job project assisted under this Act
31    may be employed on the project for more  than  32  hours  per
32    week.
33        (f)  (Blank).   Project  Progress  Reports.  Each project
34    manager shall prepare and submit to  the  District  Executive
 
                            -6-                LRB9205034JMmb
 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
 
                            -7-                LRB9205034JMmb
 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
 
                            -8-                LRB9205034JMmb
 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
 
                            -9-                LRB9205034JMmb
 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
 
                            -10-               LRB9205034JMmb
 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.
 
                            -11-               LRB9205034JMmb
 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, 2001.

[ Top ]