093_HB0696sam001
LRB093 05486 MKM 15145 a
1 AMENDMENT TO HOUSE BILL 696
2 AMENDMENT NO. . Amend House Bill 696 by replacing
3 everything after the enacting clause with the following:
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
-2- LRB093 05486 MKM 15145 a
1 (4) would not otherwise be conducted with existing
2 funds.
3 "Secretary" (c) "Director" means the Secretary of Human
4 Services Director of Labor.
5 (Source: P.A. 88-114.)
6 (20 ILCS 1510/15)
7 Sec. 15. Establishment of program. The Department may
8 issue grants for the operation of projects under this Act.
9 The issuance of the grants is subject to the availability of
10 State or federal funds and at the discretion of the
11 Secretary. Grants shall be made and projects shall be
12 assisted under this Act only to the extent that funding from
13 federal sources is available for those purposes. From the
14 sums appropriated by the General Assembly for any fiscal
15 year, the Director shall make grants to Executive Councils
16 established in accordance with Section 20 for the purpose of
17 assisting local job projects which meet the requirements of
18 this Act. The General Assembly may appropriate funds for the
19 purposes of this Section from any appropriate State source or
20 from any appropriate federal source, regardless of which
21 State agency is the initial recipient of the federal funds.
22 (Source: P.A. 88-114.)
23 (20 ILCS 1510/25)
24 Sec. 25. Program eligibility.
25 (a) General Rule. An individual is eligible to
26 participate in the job projects assisted under this Act if
27 the individual:
28 (1) is at least 16 years of age;
29 (2) has resided in the eligible area for at least
30 30 days;
31 (3) has been unemployed for 35 days prior to the
32 determination of employment for job projects assisted
-3- LRB093 05486 MKM 15145 a
1 under this Act; and
2 (4) is a citizen of the United States, is a
3 national of the United States, is a lawfully admitted
4 permanent resident alien, is a lawfully admitted refugee
5 or parolee, or is otherwise authorized by the United
6 States Attorney General to work in the United States; and
7 (5) is a recipient of assistance under Article IV
8 of the Illinois Public Aid Code.
9 (b) Limitations.
10 (1) (Blank). Not more than 2 individuals who
11 reside in any household may be eligible for a job
12 assisted under this Act.
13 (2) (Blank). No individual whose earned income for
14 the year preceding the year in which the determination of
15 employment under this Act is made is equal to or more
16 than $17,000, or who has a combined family income in the
17 year in which the determination of employment under this
18 Act is made which is equal to or more than $17,000 a
19 year, may be eligible for a job assisted under this Act.
20 (3) No individual participating in the job
21 opportunity project assisted under this Act may work in
22 any compensated job other than the job assisted under
23 this Act for more than 20 16 hours per week.
24 (4) Individuals Each individual participating in
25 the job project assisted under this Act shall
26 demonstrate, to the project manager of the job project
27 assisted under this Act shall, that the individual sought
28 employment in the private sector during the 35 days prior
29 to making application for employment under this Act and
30 will continue to seek employment during the period of
31 employment assisted under this Act.
32 (5) Any individual eligible for retirement benefits
33 under the Social Security Act, under any retirement
34 system for Federal Government employees, under the
-4- LRB093 05486 MKM 15145 a
1 railroad retirement system, under the military retirement
2 system, under a State or local government pension plan or
3 retirement system, or any private pension program is not
4 eligible to receive a job under a job project assisted
5 under this Act.
6 (Source: P.A. 88-114.)
7 (20 ILCS 1510/30)
8 Sec. 30. Testing and Education requirements. Any
9 individual who has not completed high school and who
10 participates in a job project under this Act may enroll, if
11 appropriate, in and maintain satisfactory progress in a
12 secondary school or an adult basic education or GED program.
13 Any individual with limited English speaking ability may
14 participate, if appropriate, in an English as a Second
15 Language program.
16 (a) Testing. Each participant shall be tested for basic
17 reading and writing competence by the District Executive
18 Council prior to employment by a job project assisted under
19 this Act.
20 (b) Education Requirement.
21 (1) Each participant who fails to complete
22 satisfactorily the basic competency test required by
23 subsection (a) of this Section shall be furnished
24 counseling and instruction.
25 (2) Each participant in a job project assisted under
26 this Act shall, in order to continue employment, maintain
27 satisfactory progress toward and receive a secondary
28 school diploma or its equivalent.
29 (3) Each participant with limited English speaking
30 ability may be furnished instruction as the District
31 Executive Council deems appropriate.
32 (Source: P.A. 88-114.)
-5- LRB093 05486 MKM 15145 a
1 (20 ILCS 1510/35)
2 Sec. 35. Local Job Projects.
3 (a) General authority. The Department may accept
4 applications and issue grants for operation of projects under
5 this Act. Each District Executive Council shall select job
6 projects to be assisted under this Act. Each job project
7 selected for assistance shall provide employment to eligible
8 participants.
9 (b) Project Objection. Subject to appropriation, one
10 small project may be selected to pilot a subsidized
11 employment to Temporary Assistance for Needy Families (TANF)
12 program for participants for a period of not more than 6
13 months. The selected projects shall demonstrate their ability
14 to move clients from participation in the project to
15 unsubsidized employment. The Department may refer TANF
16 participants to other subsidized employment programs
17 available through the Workforce Investment Act (WIA) One
18 Stops or through other community-based programs. No project
19 may be selected under this Section if an objection to the
20 project is filed by 2 representatives appointed under
21 subparagraph (A) of paragraph (3) of subsection (a) of
22 Section 20 or by 2 representatives appointed under
23 subparagraph (B) of paragraph (3) of subsection (a) of
24 Section 20.
25 (c) Political affiliation prohibited. No manager or
26 other officer or employee of a District Executive Council or
27 of the job project assisted under this Act may apply a
28 political affiliation test in selecting eligible
29 participation for employment in the project.
30 (d) Limitations.
31 (1) Not more than 10% of the total expenses in any
32 fiscal year of the job project may be used for
33 transportation and equipment.
34 (2) (Blank). Not more than 10% of the individuals
-6- LRB093 05486 MKM 15145 a
1 employed in any job project assisted under this Act may
2 be employed to supervise a project. Individuals selected
3 as supervisors may be selected without regard to the
4 provisions of Section 25 and may receive wages in excess
5 of the rate determined under Section 40. The limitation
6 on the ratio of supervisors to employees shall not apply
7 where more supervision of eligible participants will
8 contribute to carrying out the objectives of this Act.
9 (e) Minimum Maximum hours per week employed. No
10 eligible participant employed in a job project assisted under
11 this Act may be employed on the project for less more than 30
12 32 hours per week.
13 (f) (Blank). Project Progress Reports. Each project
14 manager shall prepare and submit to the District Executive
15 Council monthly progress reports on the job project assisted
16 under this Act.
17 (Source: P.A. 88-114.)
18 (20 ILCS 1510/40)
19 Sec. 40. Benefits; supportive services; job clubs.
20 (a) Wages. Each eligible participant who is employed in
21 job projects assisted under this Act shall receive wages
22 equal to the higher of (1) the minimum wage under Section
23 6(a)(1) of the Fair Labor Standards Act of 1938 or, (2) the
24 minimum wage under the applicable minimum wage law, or (3)
25 the amount which the eligible participant received in welfare
26 benefits pursuant to the State plan approved under Part A of
27 Title IV of the Social Security Act or in the form of
28 unemployment compensation, if applicable, plus 10% of the
29 amount, whichever is higher.
30 (b) Benefits. Each eligible participant who is employed
31 in projects assisted under this Act shall be furnished
32 benefits and employment conditions comparable to the benefits
33 and conditions provided to other employees employed in
-7- LRB093 05486 MKM 15145 a
1 similar occupations by a comparable employer, but No
2 participant shall be eligible for unemployment compensation
3 during or on the basis of employment in a project.
4 (c) Supportive services. Each eligible participant who
5 is employed in projects assisted under this Act shall be
6 eligible for supportive services as provided under rules
7 developed by the Department, which may include
8 transportation, health care, special services and materials
9 for the handicapped, child care and other services which are
10 necessary to enable the individual to participate.
11 (d) Job clubs. All participants shall participate in a
12 job club. The project shall operate or otherwise make
13 arrangements for each participant to participate in a job
14 club. Each District Executive Council shall establish for the
15 eligible area job clubs to assist eligible participants with
16 the preparation of resumes, the development of interviewing
17 techniques, evaluation of individual job search activities,
18 and economic education classes.
19 (Source: P.A. 88-114.)
20 (20 ILCS 1510/45)
21 Sec. 45. Labor standards applicable to job projects.
22 (a) Conditions of employment.
23 (1) Conditions of employment and training shall be
24 appropriate and reasonable in light of factors such as
25 the type of work, geographical region, and proficiency of
26 the participant.
27 (2) Health and safety standards established under
28 State and Federal law, otherwise applicable to working
29 conditions of employees, shall be equally applicable to
30 working conditions of participants. With respect to any
31 participant in a job project conducted under this Act who
32 is engaged in activities which are not covered by health
33 and safety standards under the Occupational Safety and
-8- LRB093 05486 MKM 15145 a
1 Health Act of 1970, the Director shall prescribe, by
2 regulation, standards as may be necessary to protect the
3 health and safety of a participant.
4 (3) No funds available under this Act may be used
5 for contributions on behalf of any participant to
6 retirement systems or plans.
7 (b) Displacement rules.
8 (1) No currently employed worker shall be displaced
9 by any participant, including partial displacement such
10 as a reduction in the hours of nonovertime work, wages,
11 or employment benefits.
12 (2) No job project shall impair existing contracts
13 for services or collective bargaining agreements, except
14 that no job project under this Act which would be
15 inconsistent with the terms of a collective bargaining
16 agreement shall be undertaken without the written
17 concurrence of the labor organization and employer
18 concerned.
19 (3) No participant shall be employed or job opening
20 filled when any other individual is on layoff from the
21 same or any substantially equivalent job, or when the
22 employer has terminated the employment of any regular
23 employee or otherwise reduced its workforce with the
24 intention of filling the vacancy so created by hiring a
25 participant whose wages are subsidized under this Act.
26 (4) No jobs shall be created in a promotional line
27 that will infringe in any way upon the promotional
28 opportunities of currently employed individuals.
29 (Source: P.A. 88-114.)
30 (20 ILCS 1510/50)
31 Sec. 50. Nondiscrimination.
32 (a) General rule.
33 (1) Discrimination on the basis of age, on the
-9- LRB093 05486 MKM 15145 a
1 basis of handicap, on the basis of sex, or on the basis
2 of race, color, or national origin is prohibited.
3 (2) No individual shall be excluded from
4 participation in, denied the benefits of, subjected to
5 discrimination under, or denied employment in the
6 administration of or in connection with any project
7 because of race, color, religion, sex, national origin,
8 age, handicap, or political affiliation or belief.
9 (3) (Blank). No participant shall be employed on
10 the construction, operation, or maintenance of any
11 facility used or to be used for sectarian instruction or
12 as a place for religious worship.
13 (4) With respect to terms and conditions affecting,
14 or rights provided to, individuals who are participants
15 in activities supported by funds provided under this Act,
16 the individuals shall not be discriminated against solely
17 because of their status as the participants.
18 (b) (Blank). Failure To Comply With Rules. Whenever
19 the Director finds that a recipient has failed to comply with
20 subsection (a) of this Section, or with an applicable
21 regulation prescribed to carry out this Section, the Director
22 shall notify the recipient and shall request compliance. If
23 within a reasonable period of time, not to exceed 60 days,
24 the recipient fails or refuses to comply, the Director may
25 (1) refer the matter to the Attorney General with a
26 recommendation that an appropriate civil action be
27 instituted, or (2) take other action as may be provided by
28 law.
29 (c) (Blank). Referral to Attorney General. When a
30 matter is referred to the Attorney General pursuant to
31 paragraph (1) of subsection (b), or whenever the Attorney
32 General has reason to believe that a recipient is engaged in
33 a pattern or practice in violation of subsection (a), the
34 Attorney General may bring a civil action in any appropriate
-10- LRB093 05486 MKM 15145 a
1 court of the State of Illinois for relief as may be
2 appropriate, including injunctive relief.
3 (Source: P.A. 88-114.)
4 (20 ILCS 1510/55)
5 Sec. 55. Evaluation. The project Each District
6 Executive Council shall establish and maintain a an
7 evaluation file for each individual employed in a project
8 assisted under this Act. These files shall be available to
9 the Department upon request. The evaluation file shall be
10 made available to the participant monthly and shall not be
11 available to any other person without the consent of the
12 employee. In carrying out the provisions of this Section,
13 each Council shall assure that the participant will be
14 afforded the opportunity to discuss any matter contained in,
15 or omitted from, the file.
16 (Source: P.A. 88-114.)
17 (20 ILCS 1510/65)
18 Sec. 65. Evaluation. The Department shall conduct an
19 evaluation of the success of the projects funded under this
20 Act. Each project shall cooperate with the Department in the
21 collection of any data needed for the evaluation.
22 Administration.
23 (a) Accepting Property For Use Under This Act. The
24 Director is authorized, in carrying out this Act, to accept,
25 purchase, or lease in the name of the Department, and employ
26 or dispose of in furtherance of the purpose of this Act, any
27 money or property, real, personal, or mixed, tangible or
28 intangible, received by gift, devise, bequest, or otherwise,
29 and to accept voluntary and uncompensated services.
30 (b) General Administrative Authority. The Director may
31 make grants, contracts, or agreements, establish procedures
32 and make payments, in installments, in advance or by way of
-11- LRB093 05486 MKM 15145 a
1 reimbursement, or otherwise allocate or expend funds under
2 this Act as necessary to carry out this Act, including
3 expenditures for construction, repairs, and capital
4 improvements, and including necessary adjustments in payments
5 on account of overpayments or underpayments.
6 (c) Waiver Authority. The Director may waive:
7 (1) the testing requirement for individuals with
8 handicaps;
9 (2) the education requirement in paragraph (2) of
10 subsection (b) of Section 30; and
11 (3) subject to a 2/3 vote of each District
12 Executive Council, the requirement relating to a 32-hour
13 work week under subsection (e) of Section 35 for unusual
14 circumstances.
15 (d) Report. The Director shall prepare and submit to
16 the General Assembly an annual report on the administration
17 of this Act. The Director shall include the following in the
18 report:
19 (1) a summary of the achievements, failures, and
20 problems of the programs authorized in this Act in
21 meeting the objective of this Act; and
22 (2) recommendations, including recommendations for
23 legislative or administrative action, as the Director
24 deems appropriate.
25 (e) Audit. The Auditor General of the State of Illinois
26 and any authorized representatives shall have access for the
27 purpose of audit and examination to any books, documents,
28 papers, and records, of any recipient under this Act that are
29 pertinent to the amounts received and disbursed under this
30 Act.
31 (f) Adoption of rules. The Director may adopt
32 appropriate rules to carry out this Act.
33 (Source: P.A. 88-114.)
-12- LRB093 05486 MKM 15145 a
1 (20 ILCS 1510/20 rep.)
2 (20 ILCS 1510/60 rep.)
3 Section 10. The Illinois Guaranteed Job Opportunity Act
4 is amended by repealing Sections 20 and 60.
5 Section 99. Effective date. This Act takes effect July
6 1, 2003.".