Public Act 93-0046
HB0696 Enrolled LRB093 05486 MKM 05577 b
AN ACT concerning human services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Guaranteed Job Opportunity Act
is amended by changing Sections 10, 15, 25, 30, 35, 40, 45,
50, 55, and 65 as follows:
(20 ILCS 1510/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Commerce and
Community Affairs.
"Eligible area" means a county, township, municipality,
or ward or precinct of a municipality.
(a) "Participant" means an individual who is determined
to be eligible under Section 25.
(b) "Project" means the definable task or group of tasks
which:
(1) will be carried out by a public agency, a
private nonprofit organization, a private contractor, or
a cooperative,
(2) (blank), will meet the requirements of
subsection (f) of Section 35,
(3) will result in a specific product or
accomplishment, and
(4) would not otherwise be conducted with existing
funds.
(c) "Director" means the Director of Commerce and
Community Affairs Director of Labor.
(Source: P.A. 88-114.)
(20 ILCS 1510/15)
Sec. 15. Establishment of program. The Department may
issue grants for the operation of projects under this Act.
The issuance of the grants is subject to the availability of
State or federal funds and at the discretion of the Director.
Grants shall be made and projects shall be assisted under
this Act only to the extent that funding from federal sources
is available for those purposes. From the sums appropriated
by the General Assembly for any fiscal year, the Director
shall make grants to Executive Councils established in
accordance with Section 20 for the purpose of assisting local
job projects which meet the requirements of this Act. The
General Assembly may appropriate funds for the purposes of
this Section from any appropriate State source or from any
appropriate federal source, regardless of which State agency
is the initial recipient of the federal funds.
(Source: P.A. 88-114.)
(20 ILCS 1510/25)
Sec. 25. Program eligibility.
(a) General Rule. An individual is eligible to
participate in the job projects assisted under this Act if
the individual:
(1) is at least 16 years of age;
(2) has resided in the eligible area for at least
30 days;
(3) has been unemployed for 35 days prior to the
determination of employment for job projects assisted
under this Act; and
(4) is a citizen of the United States, is a
national of the United States, is a lawfully admitted
permanent resident alien, is a lawfully admitted refugee
or parolee, or is otherwise authorized by the United
States Attorney General to work in the United States; and
(5) is a recipient of assistance under Article IV
of the Illinois Public Aid Code.
(b) Limitations.
(1) (Blank). Not more than 2 individuals who
reside in any household may be eligible for a job
assisted under this Act.
(2) (Blank). No individual whose earned income for
the year preceding the year in which the determination of
employment under this Act is made is equal to or more
than $17,000, or who has a combined family income in the
year in which the determination of employment under this
Act is made which is equal to or more than $17,000 a
year, may be eligible for a job assisted under this Act.
(3) No individual participating in the job
opportunity project assisted under this Act may work in
any compensated job other than the job assisted under
this Act for more than 20 16 hours per week.
(4) Individuals Each individual participating in
the job project assisted under this Act shall
demonstrate, to the project manager of the job project
assisted under this Act shall, that the individual sought
employment in the private sector during the 35 days prior
to making application for employment under this Act and
will continue to seek employment during the period of
employment assisted under this Act.
(5) Any individual eligible for retirement benefits
under the Social Security Act, under any retirement
system for Federal Government employees, under the
railroad retirement system, under the military retirement
system, under a State or local government pension plan or
retirement system, or any private pension program is not
eligible to receive a job under a job project assisted
under this Act.
(Source: P.A. 88-114.)
(20 ILCS 1510/30)
Sec. 30. Testing and Education requirements. Any
individual who has not completed high school and who
participates in a job project under this Act may enroll, if
appropriate, in and maintain satisfactory progress in a
secondary school or an adult basic education or GED program.
Any individual with limited English speaking ability may
participate, if appropriate, in an English as a Second
Language program.
(a) Testing. Each participant shall be tested for basic
reading and writing competence by the District Executive
Council prior to employment by a job project assisted under
this Act.
(b) Education Requirement.
(1) Each participant who fails to complete
satisfactorily the basic competency test required by
subsection (a) of this Section shall be furnished
counseling and instruction.
(2) Each participant in a job project assisted under
this Act shall, in order to continue employment, maintain
satisfactory progress toward and receive a secondary
school diploma or its equivalent.
(3) Each participant with limited English speaking
ability may be furnished instruction as the District
Executive Council deems appropriate.
(Source: P.A. 88-114.)
(20 ILCS 1510/35)
Sec. 35. Local Job Projects.
(a) General authority. The Department may accept
applications and issue grants for operation of projects under
this Act. Each District Executive Council shall select job
projects to be assisted under this Act. Each job project
selected for assistance shall provide employment to eligible
participants.
(b) Project Objection. Subject to appropriation, no more
than 3 small projects may be selected to pilot a subsidized
employment to Temporary Assistance for Needy Families (TANF)
program for participants for a period of not more than 6
months. The selected projects shall demonstrate their ability
to move clients from participation in the project to
unsubsidized employment. The Department may refer TANF
participants to other subsidized employment programs
available through the Workforce Investment Act (WIA) One
Stops or through other community-based programs. No project
may be selected under this Section if an objection to the
project is filed by 2 representatives appointed under
subparagraph (A) of paragraph (3) of subsection (a) of
Section 20 or by 2 representatives appointed under
subparagraph (B) of paragraph (3) of subsection (a) of
Section 20.
(c) Political affiliation prohibited. No manager or
other officer or employee of a District Executive Council or
of the job project assisted under this Act may apply a
political affiliation test in selecting eligible
participation for employment in the project.
(d) Limitations.
(1) Not more than 10% of the total expenses in any
fiscal year of the job project may be used for
transportation and equipment.
(2) (Blank). Not more than 10% of the individuals
employed in any job project assisted under this Act may
be employed to supervise a project. Individuals selected
as supervisors may be selected without regard to the
provisions of Section 25 and may receive wages in excess
of the rate determined under Section 40. The limitation
on the ratio of supervisors to employees shall not apply
where more supervision of eligible participants will
contribute to carrying out the objectives of this Act.
(e) Minimum Maximum hours per week employed. No
eligible participant employed in a job project assisted under
this Act may be employed on the project for less more than 30
32 hours per week.
(f) (Blank). Project Progress Reports. Each project
manager shall prepare and submit to the District Executive
Council monthly progress reports on the job project assisted
under this Act.
(Source: P.A. 88-114.)
(20 ILCS 1510/40)
Sec. 40. Benefits; supportive services; job clubs.
(a) Wages. Each eligible participant who is employed in
job projects assisted under this Act shall receive wages
equal to the higher of (1) the minimum wage under Section
6(a)(1) of the Fair Labor Standards Act of 1938 or, (2) the
minimum wage under the applicable minimum wage law, or (3)
the amount which the eligible participant received in welfare
benefits pursuant to the State plan approved under Part A of
Title IV of the Social Security Act or in the form of
unemployment compensation, if applicable, plus 10% of the
amount, whichever is higher.
(b) Benefits. Each eligible participant who is employed
in projects assisted under this Act shall be furnished
benefits and employment conditions comparable to the benefits
and conditions provided to other employees employed in
similar occupations by a comparable employer, but No
participant shall be eligible for unemployment compensation
during or on the basis of employment in a project.
(c) Supportive services. Each eligible participant who
is employed in projects assisted under this Act shall be
eligible for supportive services as provided under rules
developed by the Department, which may include
transportation, health care, special services and materials
for the handicapped, child care and other services which are
necessary to enable the individual to participate.
(d) Job clubs. All participants shall participate in a
job club. The project shall operate or otherwise make
arrangements for each participant to participate in a job
club. Each District Executive Council shall establish for the
eligible area job clubs to assist eligible participants with
the preparation of resumes, the development of interviewing
techniques, evaluation of individual job search activities,
and economic education classes.
(Source: P.A. 88-114.)
(20 ILCS 1510/45)
Sec. 45. Labor standards applicable to job projects.
(a) Conditions of employment.
(1) Conditions of employment and training shall be
appropriate and reasonable in light of factors such as
the type of work, geographical region, and proficiency of
the participant.
(2) Health and safety standards established under
State and Federal law, otherwise applicable to working
conditions of employees, shall be equally applicable to
working conditions of participants. With respect to any
participant in a job project conducted under this Act who
is engaged in activities which are not covered by health
and safety standards under the Occupational Safety and
Health Act of 1970, the Director shall prescribe, by
regulation, standards as may be necessary to protect the
health and safety of a participant.
(3) No funds available under this Act may be used
for contributions on behalf of any participant to
retirement systems or plans.
(b) Displacement rules.
(1) No currently employed worker shall be displaced
by any participant, including partial displacement such
as a reduction in the hours of nonovertime work, wages,
or employment benefits.
(2) No job project shall impair existing contracts
for services or collective bargaining agreements, except
that no job project under this Act which would be
inconsistent with the terms of a collective bargaining
agreement shall be undertaken without the written
concurrence of the labor organization and employer
concerned.
(3) No participant shall be employed or job opening
filled when any other individual is on layoff from the
same or any substantially equivalent job, or when the
employer has terminated the employment of any regular
employee or otherwise reduced its workforce with the
intention of filling the vacancy so created by hiring a
participant whose wages are subsidized under this Act.
(4) No jobs shall be created in a promotional line
that will infringe in any way upon the promotional
opportunities of currently employed individuals.
(Source: P.A. 88-114.)
(20 ILCS 1510/50)
Sec. 50. Nondiscrimination.
(a) General rule.
(1) Discrimination on the basis of age, on the
basis of handicap, on the basis of sex, or on the basis
of race, color, or national origin is prohibited.
(2) No individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the
administration of or in connection with any project
because of race, color, religion, sex, national origin,
age, handicap, or political affiliation or belief.
(3) (Blank). No participant shall be employed on
the construction, operation, or maintenance of any
facility used or to be used for sectarian instruction or
as a place for religious worship.
(4) With respect to terms and conditions affecting,
or rights provided to, individuals who are participants
in activities supported by funds provided under this Act,
the individuals shall not be discriminated against solely
because of their status as the participants.
(b) (Blank). Failure To Comply With Rules. Whenever
the Director finds that a recipient has failed to comply with
subsection (a) of this Section, or with an applicable
regulation prescribed to carry out this Section, the Director
shall notify the recipient and shall request compliance. If
within a reasonable period of time, not to exceed 60 days,
the recipient fails or refuses to comply, the Director may
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be
instituted, or (2) take other action as may be provided by
law.
(c) (Blank). Referral to Attorney General. When a
matter is referred to the Attorney General pursuant to
paragraph (1) of subsection (b), or whenever the Attorney
General has reason to believe that a recipient is engaged in
a pattern or practice in violation of subsection (a), the
Attorney General may bring a civil action in any appropriate
court of the State of Illinois for relief as may be
appropriate, including injunctive relief.
(Source: P.A. 88-114.)
(20 ILCS 1510/55)
Sec. 55. Evaluation. Each project District Executive
Council shall establish and maintain a an evaluation file for
each individual employed in a project assisted under this
Act. These files shall be available to the Department upon
request. The evaluation file shall be made available to the
participant monthly and shall not be available to any other
person without the consent of the employee. In carrying out
the provisions of this Section, each Council shall assure
that the participant will be afforded the opportunity to
discuss any matter contained in, or omitted from, the file.
(Source: P.A. 88-114.)
(20 ILCS 1510/65)
Sec. 65. Evaluation. The Department shall conduct an
evaluation of the success of the projects funded under this
Act. Each project shall cooperate with the Department in the
collection of any data needed for the evaluation.
Administration.
(a) Accepting Property For Use Under This Act. The
Director is authorized, in carrying out this Act, to accept,
purchase, or lease in the name of the Department, and employ
or dispose of in furtherance of the purpose of this Act, any
money or property, real, personal, or mixed, tangible or
intangible, received by gift, devise, bequest, or otherwise,
and to accept voluntary and uncompensated services.
(b) General Administrative Authority. The Director may
make grants, contracts, or agreements, establish procedures
and make payments, in installments, in advance or by way of
reimbursement, or otherwise allocate or expend funds under
this Act as necessary to carry out this Act, including
expenditures for construction, repairs, and capital
improvements, and including necessary adjustments in payments
on account of overpayments or underpayments.
(c) Waiver Authority. The Director may waive:
(1) the testing requirement for individuals with
handicaps;
(2) the education requirement in paragraph (2) of
subsection (b) of Section 30; and
(3) subject to a 2/3 vote of each District
Executive Council, the requirement relating to a 32-hour
work week under subsection (e) of Section 35 for unusual
circumstances.
(d) Report. The Director shall prepare and submit to
the General Assembly an annual report on the administration
of this Act. The Director shall include the following in the
report:
(1) a summary of the achievements, failures, and
problems of the programs authorized in this Act in
meeting the objective of this Act; and
(2) recommendations, including recommendations for
legislative or administrative action, as the Director
deems appropriate.
(e) Audit. The Auditor General of the State of Illinois
and any authorized representatives shall have access for the
purpose of audit and examination to any books, documents,
papers, and records, of any recipient under this Act that are
pertinent to the amounts received and disbursed under this
Act.
(f) Adoption of rules. The Director may adopt
appropriate rules to carry out this Act.
(Source: P.A. 88-114.)
(20 ILCS 1510/20 rep.)
(20 ILCS 1510/60 rep.)
Section 10. The Illinois Guaranteed Job Opportunity Act
is amended by repealing Sections 20 and 60.
Section 99. Effective date. This Act takes effect July
1, 2003.