093_HB2598eng

 
HB2598 Engrossed                     LRB093 06772 MKM 06911 b

 1        AN ACT concerning guaranteed job opportunity projects.

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

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

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

28        (20 ILCS 1510/15)
29        Sec.  15.  Establishment  of  program. The Department may
30    issue grants for the operation of projects  under  this  Act.
 
HB2598 Engrossed            -2-      LRB093 06772 MKM 06911 b
 1    The  issuance of the grants is subject to the availability of
 2    State  or  federal  funds  and  at  the  discretion  of   the
 3    Secretary.  Grants  shall  be  made  and  projects  shall  be
 4    assisted  under this Act only to the extent that funding from
 5    federal sources is available for  those  purposes.  From  the
 6    sums  appropriated  by  the  General  Assembly for any fiscal
 7    year, the Director shall make grants  to  Executive  Councils
 8    established  in accordance with Section 20 for the purpose of
 9    assisting local job projects which meet the  requirements  of
10    this  Act. The General Assembly may appropriate funds for the
11    purposes of this Section from any appropriate State source or
12    from any appropriate  federal  source,  regardless  of  which
13    State agency is the initial recipient of the federal funds.
14    (Source: P.A. 88-114.)

15        (20 ILCS 1510/25)
16        Sec. 25.  Program eligibility.
17        (a)  General   Rule.    An   individual  is  eligible  to
18    participate in the job projects assisted under  this  Act  if
19    the individual:
20             (1)  is at least 16 years of age;
21             (2)  has  resided  in the eligible area for at least
22        30 days;
23             (3)  has been unemployed for 35 days  prior  to  the
24        determination  of  employment  for  job projects assisted
25        under this Act; and
26             (4)  is  a  citizen  of  the  United  States,  is  a
27        national of the United States,  is  a  lawfully  admitted
28        permanent  resident alien, is a lawfully admitted refugee
29        or parolee, or is  otherwise  authorized  by  the  United
30        States Attorney General to work in the United States; and
31             (5)  is  a  recipient of assistance under Article IV
32        of the Illinois Public Aid Code.
33        (b)  Limitations.
 
HB2598 Engrossed            -3-      LRB093 06772 MKM 06911 b
 1             (1)  (Blank).   Not  more  than  2  individuals  who
 2        reside in  any  household  may  be  eligible  for  a  job
 3        assisted under this Act.
 4             (2)  (Blank).  No individual whose earned income for
 5        the year preceding the year in which the determination of
 6        employment  under  this  Act  is made is equal to or more
 7        than $17,000, or who has a combined family income in  the
 8        year  in which the determination of employment under this
 9        Act is made which is equal to  or  more  than  $17,000  a
10        year, may be eligible for a job assisted under this Act.
11             (3)  No   individual   participating   in   the  job
12        opportunity project assisted under this Act may  work  in
13        any  compensated  job  other  than the job assisted under
14        this Act for more than 20 16 hours per week.
15             (4)  Individuals Each  individual  participating  in
16        the   job   project   assisted   under   this  Act  shall
17        demonstrate, to the project manager of  the  job  project
18        assisted under this Act shall, that the individual sought
19        employment in the private sector during the 35 days prior
20        to  making  application for employment under this Act and
21        will continue to seek employment  during  the  period  of
22        employment assisted under this Act.
23             (5)  Any individual eligible for retirement benefits
24        under  the  Social  Security  Act,  under  any retirement
25        system  for  Federal  Government  employees,  under   the
26        railroad retirement system, under the military retirement
27        system, under a State or local government pension plan or
28        retirement  system, or any private pension program is not
29        eligible to receive a job under a  job  project  assisted
30        under this Act.
31    (Source: P.A. 88-114.)

32        (20 ILCS 1510/30)
33        Sec.   30.  Testing   and   Education  requirements.  Any
 
HB2598 Engrossed            -4-      LRB093 06772 MKM 06911 b
 1    individual  who  has  not  completed  high  school  and   who
 2    participates  in  a job project under this Act may enroll, if
 3    appropriate, in  and  maintain  satisfactory  progress  in  a
 4    secondary  school or an adult basic education or GED program.
 5    Any individual with  limited  English  speaking  ability  may
 6    participate,  if  appropriate,  in  an  English  as  a Second
 7    Language program.
 8        (a)  Testing.  Each participant shall be tested for basic
 9    reading and writing  competence  by  the  District  Executive
10    Council  prior  to employment by a job project assisted under
11    this Act.
12        (b)  Education Requirement.
13             (1)  Each  participant   who   fails   to   complete
14        satisfactorily  the  basic  competency  test  required by
15        subsection  (a)  of  this  Section  shall  be   furnished
16        counseling and instruction.
17        (2)  Each  participant  in  a  job project assisted under
18        this Act shall, in order to continue employment, maintain
19        satisfactory progress  toward  and  receive  a  secondary
20        school diploma or its equivalent.
21        (3)  Each   participant  with  limited  English  speaking
22        ability may be  furnished  instruction  as  the  District
23        Executive Council deems appropriate.
24    (Source: P.A. 88-114.)

25        (20 ILCS 1510/35)
26        Sec. 35.  Local Job Projects.
27        (a)  General   authority.    The  Department  may  accept
28    applications and issue grants for operation of projects under
29    this Act.   Each District Executive Council shall select  job
30    projects  to  be  assisted  under this Act.  Each job project
31    selected for assistance shall provide employment to  eligible
32    participants.
33        (b)  Project  Objection.  Subject  to  appropriation, one
 
HB2598 Engrossed            -5-      LRB093 06772 MKM 06911 b
 1    small  project  may  be  selected  to  pilot   a   subsidized
 2    employment  to Temporary Assistance for Needy Families (TANF)
 3    program for participants for a period  of  not  more  than  6
 4    months. The selected projects shall demonstrate their ability
 5    to   move  clients  from  participation  in  the  project  to
 6    unsubsidized  employment.  The  Department  may  refer   TANF
 7    participants   to   other   subsidized   employment  programs
 8    available through the  Workforce  Investment  Act  (WIA)  One
 9    Stops  or  through other community-based programs. No project
10    may be selected under this Section if  an  objection  to  the
11    project   is  filed  by  2  representatives  appointed  under
12    subparagraph (A)  of  paragraph  (3)  of  subsection  (a)  of
13    Section   20   or   by   2  representatives  appointed  under
14    subparagraph (B)  of  paragraph  (3)  of  subsection  (a)  of
15    Section 20.
16        (c)  Political  affiliation  prohibited.   No  manager or
17    other officer or employee of a District Executive Council  or
18    of  the  job  project  assisted  under  this  Act may apply a
19    political   affiliation   test    in    selecting    eligible
20    participation for employment in the project.
21        (d)  Limitations.
22             (1)  Not  more than 10% of the total expenses in any
23        fiscal  year  of  the  job  project  may  be   used   for
24        transportation and equipment.
25             (2)  (Blank).   Not more than 10% of the individuals
26        employed in any job project assisted under this  Act  may
27        be employed to supervise a project.  Individuals selected
28        as  supervisors  may  be  selected  without regard to the
29        provisions of Section 25 and may receive wages in  excess
30        of  the rate determined under Section 40.  The limitation
31        on the ratio of supervisors to employees shall not  apply
32        where  more  supervision  of  eligible  participants will
33        contribute to carrying out the objectives of this Act.
34        (e)  Minimum  Maximum  hours  per  week   employed.    No
 
HB2598 Engrossed            -6-      LRB093 06772 MKM 06911 b
 1    eligible participant employed in a job project assisted under
 2    this Act may be employed on the project for less more than 30
 3    32 hours per week.
 4        (f)  (Blank).   Project  Progress  Reports.  Each project
 5    manager shall prepare and submit to  the  District  Executive
 6    Council  monthly progress reports on the job project assisted
 7    under this Act.
 8    (Source: P.A. 88-114.)

 9        (20 ILCS 1510/40)
10        Sec. 40.  Benefits; supportive services; job clubs.
11        (a)  Wages.  Each eligible participant who is employed in
12    job projects assisted under  this  Act  shall  receive  wages
13    equal  to  the  higher  of (1) the minimum wage under Section
14    6(a)(1) of the Fair Labor Standards Act of 1938 or,  (2)  the
15    minimum  wage  under  the applicable minimum wage law, or (3)
16    the amount which the eligible participant received in welfare
17    benefits pursuant to the State plan approved under Part A  of
18    Title  IV  of  the  Social  Security  Act  or  in the form of
19    unemployment compensation, if applicable,  plus  10%  of  the
20    amount, whichever is higher.
21        (b)  Benefits.  Each eligible participant who is employed
22    in  projects  assisted  under  this  Act  shall  be furnished
23    benefits and employment conditions comparable to the benefits
24    and  conditions  provided  to  other  employees  employed  in
25    similar  occupations  by  a  comparable  employer,  but    No
26    participant  shall  be eligible for unemployment compensation
27    during or on the basis of employment in a project.
28        (c)  Supportive services.  Each eligible participant  who
29    is  employed  in  projects  assisted  under this Act shall be
30    eligible for supportive  services  as  provided  under  rules
31    developed    by    the    Department,   which   may   include
32    transportation, health care, special services  and  materials
33    for  the handicapped, child care and other services which are
 
HB2598 Engrossed            -7-      LRB093 06772 MKM 06911 b
 1    necessary to enable the individual to participate.
 2        (d)  Job clubs. All participants shall participate  in  a
 3    job  club.   The  project  shall  operate  or  otherwise make
 4    arrangements for each participant to  participate  in  a  job
 5    club. Each District Executive Council shall establish for the
 6    eligible  area job clubs to assist eligible participants with
 7    the preparation of resumes, the development  of  interviewing
 8    techniques,  evaluation  of individual job search activities,
 9    and economic education classes.
10    (Source: P.A. 88-114.)

11        (20 ILCS 1510/45)
12        Sec. 45.  Labor standards applicable to job projects.
13        (a)  Conditions of employment.
14             (1)  Conditions of employment and training shall  be
15        appropriate  and  reasonable  in light of factors such as
16        the type of work, geographical region, and proficiency of
17        the participant.
18             (2)  Health and safety standards  established  under
19        State  and  Federal  law, otherwise applicable to working
20        conditions of employees, shall be equally  applicable  to
21        working  conditions of participants.  With respect to any
22        participant in a job project conducted under this Act who
23        is engaged in activities which are not covered by  health
24        and  safety  standards  under the Occupational Safety and
25        Health Act of 1970,  the  Director  shall  prescribe,  by
26        regulation,  standards as may be necessary to protect the
27        health and safety of a participant.
28             (3)  No funds available under this Act may  be  used
29        for   contributions  on  behalf  of  any  participant  to
30        retirement systems or plans.
31        (b)  Displacement rules.
32             (1)  No currently employed worker shall be displaced
33        by any participant, including partial  displacement  such
 
HB2598 Engrossed            -8-      LRB093 06772 MKM 06911 b
 1        as  a  reduction in the hours of nonovertime work, wages,
 2        or employment benefits.
 3             (2)  No job project shall impair existing  contracts
 4        for  services or collective bargaining agreements, except
 5        that no  job  project  under  this  Act  which  would  be
 6        inconsistent  with  the  terms of a collective bargaining
 7        agreement  shall  be  undertaken  without   the   written
 8        concurrence   of  the  labor  organization  and  employer
 9        concerned.
10             (3)  No participant shall be employed or job opening
11        filled when any other individual is on  layoff  from  the
12        same  or  any  substantially  equivalent job, or when the
13        employer has terminated the  employment  of  any  regular
14        employee  or  otherwise  reduced  its  workforce with the
15        intention of filling the vacancy so created by  hiring  a
16        participant whose wages are subsidized under this Act.
17             (4)  No  jobs shall be created in a promotional line
18        that will  infringe  in  any  way  upon  the  promotional
19        opportunities of currently employed individuals.
20    (Source: P.A. 88-114.)

21        (20 ILCS 1510/50)
22        Sec. 50.  Nondiscrimination.
23        (a)  General rule.
24             (1)  Discrimination  on  the  basis  of  age, on the
25        basis of handicap, on the basis of sex, or on  the  basis
26        of race, color, or national origin is prohibited.
27             (2)  No    individual   shall   be   excluded   from
28        participation in, denied the benefits  of,  subjected  to
29        discrimination   under,   or  denied  employment  in  the
30        administration of  or  in  connection  with  any  project
31        because  of  race, color, religion, sex, national origin,
32        age, handicap, or political affiliation or belief.
33             (3)  (Blank).  No participant shall be  employed  on
 
HB2598 Engrossed            -9-      LRB093 06772 MKM 06911 b
 1        the   construction,  operation,  or  maintenance  of  any
 2        facility used or to be used for sectarian instruction  or
 3        as a place for religious worship.
 4             (4)  With respect to terms and conditions affecting,
 5        or  rights  provided to, individuals who are participants
 6        in activities supported by funds provided under this Act,
 7        the individuals shall not be discriminated against solely
 8        because of their status as the participants.
 9        (b)  (Blank).  Failure To Comply  With  Rules.   Whenever
10    the Director finds that a recipient has failed to comply with
11    subsection  (a)  of  this  Section,  or  with  an  applicable
12    regulation prescribed to carry out this Section, the Director
13    shall  notify the recipient and shall request compliance.  If
14    within a reasonable period of time, not to  exceed  60  days,
15    the  recipient  fails  or refuses to comply, the Director may
16    (1)  refer  the  matter  to  the  Attorney  General  with   a
17    recommendation   that   an   appropriate   civil   action  be
18    instituted, or (2) take other action as may  be  provided  by
19    law.
20        (c)  (Blank).   Referral  to  Attorney  General.   When a
21    matter is  referred  to  the  Attorney  General  pursuant  to
22    paragraph  (1)  of  subsection  (b), or whenever the Attorney
23    General has reason to believe that a recipient is engaged  in
24    a  pattern  or  practice  in violation of subsection (a), the
25    Attorney General may bring a civil action in any  appropriate
26    court  of  the  State  of  Illinois  for  relief  as  may  be
27    appropriate, including injunctive relief.
28    (Source: P.A. 88-114.)

29        (20 ILCS 1510/55)
30        Sec.   55.  Evaluation.    The   project   Each  District
31    Executive  Council  shall  establish  and   maintain   a   an
32    evaluation  file  for  each  individual employed in a project
33    assisted under this Act.  These files shall be  available  to
 
HB2598 Engrossed            -10-     LRB093 06772 MKM 06911 b
 1    the  Department  upon  request.  The evaluation file shall be
 2    made available to the participant monthly and  shall  not  be
 3    available  to  any  other  person  without the consent of the
 4    employee.  In carrying out the provisions  of  this  Section,
 5    each  Council  shall  assure  that  the  participant  will be
 6    afforded the opportunity to discuss any matter contained  in,
 7    or omitted from, the file.
 8    (Source: P.A. 88-114.)

 9        (20 ILCS 1510/65)
10        Sec.  65.  Evaluation.   The  Department shall conduct an
11    evaluation of the success of the projects funded  under  this
12    Act.  Each project shall cooperate with the Department in the
13    collection   of   any   data   needed   for  the  evaluation.
14    Administration.
15        (a)  Accepting Property For  Use  Under  This  Act.   The
16    Director  is authorized, in carrying out this Act, to accept,
17    purchase, or lease in the name of the Department, and  employ
18    or  dispose of in furtherance of the purpose of this Act, any
19    money or property, real,  personal,  or  mixed,  tangible  or
20    intangible,  received by gift, devise, bequest, or otherwise,
21    and to accept voluntary and uncompensated services.
22        (b)  General Administrative Authority.  The Director  may
23    make  grants,  contracts, or agreements, establish procedures
24    and make payments, in installments, in advance or by  way  of
25    reimbursement,  or  otherwise  allocate or expend funds under
26    this Act as  necessary  to  carry  out  this  Act,  including
27    expenditures   for   construction,   repairs,   and   capital
28    improvements, and including necessary adjustments in payments
29    on account of overpayments or underpayments.
30        (c)  Waiver Authority.  The Director may waive:
31             (1)  the  testing  requirement  for individuals with
32        handicaps;
33             (2)  the education requirement in paragraph  (2)  of
 
HB2598 Engrossed            -11-     LRB093 06772 MKM 06911 b
 1        subsection (b) of Section 30; and
 2             (3)  subject   to   a  2/3  vote  of  each  District
 3        Executive Council, the requirement relating to a  32-hour
 4        work  week under subsection (e) of Section 35 for unusual
 5        circumstances.
 6        (d)  Report.  The Director shall prepare  and  submit  to
 7    the  General  Assembly an annual report on the administration
 8    of this Act.  The Director shall include the following in the
 9    report:
10             (1)  a summary of the  achievements,  failures,  and
11        problems  of  the  programs  authorized  in  this  Act in
12        meeting the objective of this Act; and
13             (2)  recommendations, including recommendations  for
14        legislative  or  administrative  action,  as the Director
15        deems appropriate.
16        (e)  Audit.  The Auditor General of the State of Illinois
17    and any authorized representatives shall have access for  the
18    purpose  of  audit  and  examination to any books, documents,
19    papers, and records, of any recipient under this Act that are
20    pertinent to the amounts received and  disbursed  under  this
21    Act.
22        (f)  Adoption   of   rules.    The   Director  may  adopt
23    appropriate rules to carry out this Act.
24    (Source: P.A. 88-114.)

25        (20 ILCS 1510/20 rep.)
26        (20 ILCS 1510/60 rep.)
27        Section 10.  The Illinois Guaranteed Job Opportunity  Act
28    is amended by repealing Sections 20 and 60.

29        Section  99.  Effective date.  This Act takes effect July
30    1, 2003.