Illinois General Assembly - Full Text of SB1527
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Full Text of SB1527  100th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Sections 2.01 and 7 as follows:
6    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
7    Sec. 2.01. All meetings required by this Act to be public
8shall be held at specified times and places which are
9convenient and open to the public. No meeting required by this
10Act to be public shall be held on a legal holiday unless the
11regular meeting day falls on that holiday.
12    A quorum of members of a public body must be physically
13present at the location of an open meeting. If, however, an
14open meeting of a public body (i) with statewide jurisdiction,
15(ii) that is an Illinois library system with jurisdiction over
16a specific geographic area of more than 4,500 square miles,
17(iii) that is a municipal transit district with jurisdiction
18over a specific geographic area of more than 4,500 square
19miles, or (iv) that is a local workforce investment area with
20jurisdiction over a specific geographic area of more than 4,500
21square miles is held simultaneously at one of its offices and
22one or more other locations in a public building, which may
23include other of its offices, through an interactive video



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1conference and the public body provides public notice and
2public access as required under this Act for all locations,
3then members physically present in those locations all count
4towards determining a quorum. "Public building", as used in
5this Section, means any building or portion thereof owned or
6leased by any public body. The requirement that a quorum be
7physically present at the location of an open meeting shall not
8apply, however, to State advisory boards or bodies that do not
9have authority to make binding recommendations or
10determinations or to take any other substantive action.
11    A quorum of members of a public body that is not (i) a
12public body with statewide jurisdiction, (ii) an Illinois
13library system with jurisdiction over a specific geographic
14area of more than 4,500 square miles, (iii) a municipal transit
15district with jurisdiction over a specific geographic area of
16more than 4,500 square miles, or (iv) a local workforce
17innovation investment area with jurisdiction over a specific
18geographic area of more than 4,500 square miles must be
19physically present at the location of a closed meeting. Other
20members who are not physically present at a closed meeting of
21such a public body may participate in the meeting by means of a
22video or audio conference. For the purposes of this Section,
23"local workforce innovation investment area" means any local
24workforce innovation investment area or areas designated by the
25Governor pursuant to the federal Workforce Innovation and
26Opportunity Act Workforce Investment Act of 1998 or its



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1reauthorizing legislation.
2(Source: P.A. 98-992, eff. 8-18-14.)
3    (5 ILCS 120/7)
4    Sec. 7. Attendance by a means other than physical presence.
5    (a) If a quorum of the members of the public body is
6physically present as required by Section 2.01, a majority of
7the public body may allow a member of that body to attend the
8meeting by other means if the member is prevented from
9physically attending because of: (i) personal illness or
10disability; (ii) employment purposes or the business of the
11public body; or (iii) a family or other emergency. "Other
12means" is by video or audio conference.
13    (b) If a member wishes to attend a meeting by other means,
14the member must notify the recording secretary or clerk of the
15public body before the meeting unless advance notice is
17    (c) A majority of the public body may allow a member to
18attend a meeting by other means only in accordance with and to
19the extent allowed by rules adopted by the public body. The
20rules must conform to the requirements and restrictions of this
21Section, may further limit the extent to which attendance by
22other means is allowed, and may provide for the giving of
23additional notice to the public or further facilitate public
24access to meetings.
25    (d) The limitations of this Section shall not apply to (i)



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1closed meetings of (A) public bodies with statewide
2jurisdiction, (B) Illinois library systems with jurisdiction
3over a specific geographic area of more than 4,500 square
4miles, (C) municipal transit districts with jurisdiction over a
5specific geographic area of more than 4,500 square miles, or
6(D) local workforce innovation investment areas with
7jurisdiction over a specific geographic area of more than 4,500
8square miles or (ii) open or closed meetings of State advisory
9boards or bodies that do not have authority to make binding
10recommendations or determinations or to take any other
11substantive action. State advisory boards or bodies, public
12bodies with statewide jurisdiction, Illinois library systems
13with jurisdiction over a specific geographic area of more than
144,500 square miles, municipal transit districts with
15jurisdiction over a specific geographic area of more than 4,500
16square miles, and local workforce investment areas with
17jurisdiction over a specific geographic area of more than 4,500
18square miles, however, may permit members to attend meetings by
19other means only in accordance with and to the extent allowed
20by specific procedural rules adopted by the body. For the
21purposes of this Section, "local workforce innovation
22investment area" means any local workforce innovation
23investment area or areas designated by the Governor pursuant to
24the federal Workforce Innovation and Opportunity Act Workforce
25Investment Act of 1998 or its reauthorizing legislation.
26(Source: P.A. 98-992, eff. 8-18-14.)



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1    Section 10. The Civil Administrative Code of Illinois is
2amended by changing Section 5-550 as follows:
3    (20 ILCS 5/5-550)  (was 20 ILCS 5/6.23)
4    Sec. 5-550. In the Department of Human Services. A State
5Rehabilitation Council, hereinafter referred to as the
6Council, is hereby established for the purpose of complying
7with the requirements of 34 CFR 361.16 and advising the
8Secretary of Human Services and the vocational rehabilitation
9administrator of the provisions of the federal Rehabilitation
10Act of 1973 and the Americans with Disabilities Act of 1990 in
11matters concerning individuals with disabilities and the
12provision of vocational rehabilitation services. The Council
13shall consist of members appointed by the Governor after
14soliciting recommendations from organizations representing a
15broad range of individuals with disabilities and organizations
16interested in individuals with disabilities. However, the
17Governor may delegate his appointing authority under this
18Section to the Council by executive order.
19    The Council shall consist of the following appointed
21        (1) One representative of a parent training center
22    established in accordance with the federal Individuals
23    with Disabilities Education Act.
24        (2) One representative of the Client Assistance



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1    Program.
2        (3) One vocational rehabilitation counselor who has
3    knowledge of and experience with vocational rehabilitation
4    programs. If an employee of the Department of Human
5    Services is appointed under this item, then he or she shall
6    serve as an ex officio, nonvoting member.
7        (4) One representative of community rehabilitation
8    program service providers.
9        (5) Four representatives of business, industry, and
10    labor.
11        (6) At least two but not more than five representatives
12    of disability advocacy groups representing a cross section
13    of the following:
14            (A) individuals with physical, cognitive, sensory,
15        and mental disabilities; and
16            (B) parents, family members, guardians, advocates,
17        or authorized representative of individuals with
18        disabilities who have difficulty in representing
19        themselves or who are unable, due to their
20        disabilities, to represent themselves.
21        (7) One current or former applicant for, or recipient
22    of, vocational rehabilitation services.
23        (8) One representative from secondary or higher
24    education.
25        (9) One representative of the State Workforce
26    Innovation Investment Board.



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1        (10) One representative of the Illinois State Board of
2    Education who is knowledgeable about the Individuals with
3    Disabilities Education Act.
4        (11) The chairperson of, or a member designated by, the
5    Statewide Independent Living Council established under
6    Section 12a of the Rehabilitation of Persons with
7    Disabilities Act.
8        (12) The chairperson of, or a member designated by, the
9    Blind Services Planning Council established under Section
10    7 of the Bureau for the Blind Act.
11        (13) The vocational rehabilitation administrator, as
12    defined in Section 1b of the Rehabilitation of Persons with
13    Disabilities Act, who shall serve as an ex officio,
14    nonvoting member.
15    The Council shall select a Chairperson.
16    The Chairperson and a majority of the members of the
17Council shall be persons who are individuals with disabilities.
18At least one member shall be a senior citizen age 60 or over,
19and at least one member shall be at least 18 but not more than
2025 years old. A majority of the Council members shall not be
21employees of the Department of Human Services.
22    Members appointed to the Council for full terms on or after
23the effective date of this amendatory Act of the 98th General
24Assembly shall be appointed for terms of 3 years. No Council
25member, other than the vocational rehabilitation administrator
26and the representative of the Client Assistance Program, shall



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1serve for more than 2 consecutive terms as a representative of
2one of the 13 enumerated categories. If an individual, other
3than the vocational rehabilitation administrator and the
4representative of the Client Assistance Program, has completed
52 consecutive terms and is eligible to seek appointment as a
6representative of one of the other enumerated categories, then
7that individual may be appointed to serve as a representative
8of one of those other enumerated categories after a meaningful
9break in Council service, as defined by the Council through its
11    Vacancies for unexpired terms shall be filled. Individuals
12appointed by the appointing authority to fill an unexpired term
13shall complete the remainder of the vacated term. When the
14initial term of a person appointed to fill a vacancy is
15completed, the individual appointed to fill that vacancy may be
16re-appointed by the appointing authority to the vacated
17position for one subsequent term.
18    If an excessive number of expired terms and vacated terms
19combine to place an undue burden on the Council, the appointing
20authority may appoint members for terms of 1, 2, or 3 years.
21The appointing authority shall determine the terms of Council
22members to ensure the number of terms expiring each year is as
23close to equal as possible.
24    Notwithstanding the foregoing, a member who is serving on
25the Council on the effective date of this amendatory Act of the
2698th General Assembly and whose term expires as a result of the



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1changes made by this amendatory Act of the 98th General
2Assembly may complete the unexpired portion of his or her term.
3    Members shall be reimbursed in accordance with State laws,
4rules, and rates for expenses incurred in the performance of
5their approved, Council-related duties, including expenses for
6travel, child care, or personal assistance services. A member
7who is not employed or who must forfeit wages from other
8employment may be paid reasonable compensation, as determined
9by the Department, for each day the member is engaged in
10performing approved duties of the Council.
11    The Council shall meet at least 4 times per year at times
12and places designated by the Chairperson upon 10 days written
13notice to the members. Special meetings may be called by the
14Chairperson or 7 members of the Council upon 7 days written
15notice to the other members. Nine members shall constitute a
16quorum. No member of the Council shall cast a vote on any
17matter that would provide direct financial benefit to the
18member or otherwise give the appearance of a conflict of
19interest under Illinois law.
20    The Council shall prepare and submit to the vocational
21rehabilitation administrator the reports and findings that the
22vocational rehabilitation administrator may request or that
23the Council deems fit. The Council shall select jointly with
24the vocational rehabilitation administrator a pool of
25qualified persons to serve as impartial hearing officers. The
26Council shall, with the vocational rehabilitation unit in the



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1Department, jointly develop, agree to, and review annually
2State goals and priorities and jointly submit annual reports of
3progress to the federal Commissioner of the Rehabilitation
4Services Administration.
5    To the extent that there is a disagreement between the
6Council and the unit within the Department of Human Services
7responsible for the administration of the vocational
8rehabilitation program, regarding the resources necessary to
9carry out the functions of the Council as set forth in this
10Section, the disagreement shall be resolved by the Governor.
11(Source: P.A. 98-76, eff. 7-15-13; 99-143, eff. 7-27-15.)
12    Section 15. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended by changing Section 605-750 as follows:
15    (20 ILCS 605/605-750)
16    Sec. 605-750. Posting requirements; Illinois Workforce
17Innovation Investment Board. The Department must comply with
18the Internet posting requirements set forth in Section 7.2 of
19the Illinois Workforce Innovation Investment Board Act. The
20information must be posted on the Department's Internet website
21no later than 30 days after the Department receives the
22information from the Illinois Workforce Innovation Investment
24(Source: P.A. 97-356, eff. 1-1-12.)



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1    Section 20. The Illinois Emergency Employment Development
2Act is amended by changing Section 2 as follows:
3    (20 ILCS 630/2)  (from Ch. 48, par. 2402)
4    Sec. 2. For the purposes of this Act, the following words
5have the meanings ascribed to them in this Section.
6    (a) "Advisory Committee" means the 21st Century Workforce
7Development Fund Advisory Committee.
8    (b) "Coordinator" means the Illinois Emergency Employment
9Development Coordinator appointed under Section 3.
10    (c) "Department" means the Illinois Department of Commerce
11and Economic Opportunity.
12    (d) "Director" means the Director of Commerce and Economic
14    (e) "Eligible business" means a for-profit business.
15    (f) "Eligible employer" means an eligible nonprofit
16agency, or an eligible business.
17    (g) "Eligible job applicant" means a person who (1) has
18been a resident of this State for at least one year; and (2) is
19unemployed; and (3) is not receiving and is not qualified to
20receive unemployment compensation or workers' compensation;
21and (4) is determined by the employment administrator to be
22likely to be available for employment by an eligible employer
23for the duration of the job.
24    (h) "Eligible nonprofit agency" means an organization



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1exempt from taxation under the Internal Revenue Code of 1954,
2Section 501(c)(3).
3    (i) "Employment administrator" means the administrative
4entity designated by the Coordinator, and approved by the
5Advisory Committee, to administer the provisions of this Act in
6each service delivery area. With approval of the Advisory
7Committee, the Coordinator may designate an administrative
8entity authorized under the Workforce Innovation and
9Opportunity Act Workforce Investment Act or private, public, or
10non-profit entities that have proven effectiveness in
11providing training, workforce development, and job placement
12services to low-income individuals.
13    (j) "Fringe benefits" means all non-salary costs for each
14person employed under the program, including, but not limited
15to, workers compensation, unemployment insurance, and health
16benefits, as would be provided to non-subsidized employees
17performing similar work.
18    (k) "Household" means a group of persons living at the same
19residence consisting of, at a maximum, spouses and the minor
20children of each.
21    (l) "Program" means the Illinois Emergency Employment
22Development Program created by this Act consisting of new job
23creation in the private sector.
24    (m) "Service delivery area" means an area designated as a
25Local Workforce Investment Area by the State.
26    (n) "Workforce Innovation and Opportunity Act" "Workforce



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1Investment Act" means the federal Workforce Innovation and
2Opportunity Act Workforce Investment Act of 1998, any
3amendments to that Act, and any other applicable federal
5(Source: P.A. 99-576, eff. 7-15-16.)
6    Section 25. The Department of Employment Security Law of
7the Civil Administrative Code of Illinois is amended by
8changing Section 1005-155 as follows:
9    (20 ILCS 1005/1005-155)
10    Sec. 1005-155. Illinois workNet Employment and Training
11Centers report. The Department of Employment Security, or the
12State agency responsible for the oversight of the federal
13Workforce Innovation and Opportunity Act Workforce Investment
14Act of 1998 if that agency is not the Department of Employment
15Security, shall prepare a report for the Governor and the
16General Assembly regarding the progress of the Illinois
17Employment and Training Centers in serving individuals with
18disabilities. The report must include, but is not limited to,
19the following: (i) the number of individuals referred to the
20Illinois Employment and Training Centers by the Department of
21Human Services Office of Rehabilitation Services; (ii) the
22total number of individuals with disabilities served by the
23Illinois Employment and Training Centers; (iii) the number of
24individuals with disabilities served in federal Workforce



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1Innovation and Opportunity Act Workforce Investment Act of 1998
2employment and training programs; (iv) the number of
3individuals with disabilities annually placed in jobs by the
4Illinois Employment and Training Centers; and (v) the number of
5individuals with disabilities referred by the Illinois
6Employment and Training Centers to the Department of Human
7Services Office of Rehabilitation Services. The report is due
8by December 31, 2004 based on the previous State program year
9of July 1 through June 30, and is due annually thereafter.
10"Individuals with disabilities" are defined as those who
11self-report as being qualified as disabled under the 1973
12Rehabilitation Act or the 1990 Americans with Disabilities Act,
13for the purposes of this Law.
14(Source: P.A. 99-143, eff. 7-27-15.)
15    Section 30. The Illinois Guaranteed Job Opportunity Act is
16amended by changing Section 35 as follows:
17    (20 ILCS 1510/35)
18    Sec. 35. Local Job Projects.
19    (a) General authority. The Department may accept
20applications and issue grants for operation of projects under
21this Act.
22    (b) Project. Subject to appropriation, no more than 3 small
23projects may be selected to pilot a subsidized employment to
24Temporary Assistance for Needy Families (TANF) program for



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1participants for a period of not more than 6 months. The
2selected projects shall demonstrate their ability to move
3clients from participation in the project to unsubsidized
4employment. The Department may refer TANF participants to other
5subsidized employment programs available through the federal
6Workforce Innovation and Opportunity Act Workforce Investment
7Act (WIA) One Stops or through other community-based programs.
8    (c) Political affiliation prohibited. No manager or other
9officer or employee of the job project assisted under this Act
10may apply a political affiliation test in selecting eligible
11participation for employment in the project.
12    (d) Limitations.
13        (1) Not more than 10% of the total expenses in any
14    fiscal year of the job project may be used for
15    transportation and equipment.
16        (2) (Blank).
17    (e) Minimum hours per week employed. No eligible
18participant employed in a job project assisted under this Act
19may be employed on the project for less than 30 hours per week.
20    (f) (Blank).
21(Source: P.A. 93-46, eff. 7-1-03.)
22    Section 35. The Rehabilitation of Persons with
23Disabilities Act is amended by changing Section 3 as follows:
24    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)



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1    Sec. 3. Powers and duties. The Department shall have the
2powers and duties enumerated herein:
3    (a) To co-operate with the federal government in the
4administration of the provisions of the federal Rehabilitation
5Act of 1973, as amended, of the Workforce Innovation and
6Opportunity Act Workforce Investment Act of 1998, and of the
7federal Social Security Act to the extent and in the manner
8provided in these Acts.
9    (b) To prescribe and supervise such courses of vocational
10training and provide such other services as may be necessary
11for the habilitation and rehabilitation of persons with one or
12more disabilities, including the administrative activities
13under subsection (e) of this Section, and to co-operate with
14State and local school authorities and other recognized
15agencies engaged in habilitation, rehabilitation and
16comprehensive rehabilitation services; and to cooperate with
17the Department of Children and Family Services regarding the
18care and education of children with one or more disabilities.
19    (c) (Blank).
20    (d) To report in writing, to the Governor, annually on or
21before the first day of December, and at such other times and
22in such manner and upon such subjects as the Governor may
23require. The annual report shall contain (1) a statement of the
24existing condition of comprehensive rehabilitation services,
25habilitation and rehabilitation in the State; (2) a statement
26of suggestions and recommendations with reference to the



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1development of comprehensive rehabilitation services,
2habilitation and rehabilitation in the State; and (3) an
3itemized statement of the amounts of money received from
4federal, State and other sources, and of the objects and
5purposes to which the respective items of these several amounts
6have been devoted.
7    (e) (Blank).
8    (f) To establish a program of services to prevent the
9unnecessary institutionalization of persons in need of long
10term care and who meet the criteria for blindness or disability
11as defined by the Social Security Act, thereby enabling them to
12remain in their own homes. Such preventive services include any
13or all of the following:
14        (1) personal assistant services;
15        (2) homemaker services;
16        (3) home-delivered meals;
17        (4) adult day care services;
18        (5) respite care;
19        (6) home modification or assistive equipment;
20        (7) home health services;
21        (8) electronic home response;
22        (9) brain injury behavioral/cognitive services;
23        (10) brain injury habilitation;
24        (11) brain injury pre-vocational services; or
25        (12) brain injury supported employment.
26    The Department shall establish eligibility standards for



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1such services taking into consideration the unique economic and
2social needs of the population for whom they are to be
3provided. Such eligibility standards may be based on the
4recipient's ability to pay for services; provided, however,
5that any portion of a person's income that is equal to or less
6than the "protected income" level shall not be considered by
7the Department in determining eligibility. The "protected
8income" level shall be determined by the Department, shall
9never be less than the federal poverty standard, and shall be
10adjusted each year to reflect changes in the Consumer Price
11Index For All Urban Consumers as determined by the United
12States Department of Labor. The standards must provide that a
13person may not have more than $10,000 in assets to be eligible
14for the services, and the Department may increase or decrease
15the asset limitation by rule. The Department may not decrease
16the asset level below $10,000.
17    The services shall be provided, as established by the
18Department by rule, to eligible persons to prevent unnecessary
19or premature institutionalization, to the extent that the cost
20of the services, together with the other personal maintenance
21expenses of the persons, are reasonably related to the
22standards established for care in a group facility appropriate
23to their condition. These non-institutional services, pilot
24projects or experimental facilities may be provided as part of
25or in addition to those authorized by federal law or those
26funded and administered by the Illinois Department on Aging.



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1The Department shall set rates and fees for services in a fair
2and equitable manner. Services identical to those offered by
3the Department on Aging shall be paid at the same rate.
4    Personal assistants shall be paid at a rate negotiated
5between the State and an exclusive representative of personal
6assistants under a collective bargaining agreement. In no case
7shall the Department pay personal assistants an hourly wage
8that is less than the federal minimum wage.
9    Solely for the purposes of coverage under the Illinois
10Public Labor Relations Act (5 ILCS 315/), personal assistants
11providing services under the Department's Home Services
12Program shall be considered to be public employees and the
13State of Illinois shall be considered to be their employer as
14of the effective date of this amendatory Act of the 93rd
15General Assembly, but not before. Solely for the purposes of
16coverage under the Illinois Public Labor Relations Act, home
17care and home health workers who function as personal
18assistants and individual maintenance home health workers and
19who also provide services under the Department's Home Services
20Program shall be considered to be public employees, no matter
21whether the State provides such services through direct
22fee-for-service arrangements, with the assistance of a managed
23care organization or other intermediary, or otherwise, and the
24State of Illinois shall be considered to be the employer of
25those persons as of January 29, 2013 (the effective date of
26Public Act 97-1158), but not before except as otherwise



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1provided under this subsection (f). The State shall engage in
2collective bargaining with an exclusive representative of home
3care and home health workers who function as personal
4assistants and individual maintenance home health workers
5working under the Home Services Program concerning their terms
6and conditions of employment that are within the State's
7control. Nothing in this paragraph shall be understood to limit
8the right of the persons receiving services defined in this
9Section to hire and fire home care and home health workers who
10function as personal assistants and individual maintenance
11home health workers working under the Home Services Program or
12to supervise them within the limitations set by the Home
13Services Program. The State shall not be considered to be the
14employer of home care and home health workers who function as
15personal assistants and individual maintenance home health
16workers working under the Home Services Program for any
17purposes not specifically provided in Public Act 93-204 or
18Public Act 97-1158, including but not limited to, purposes of
19vicarious liability in tort and purposes of statutory
20retirement or health insurance benefits. Home care and home
21health workers who function as personal assistants and
22individual maintenance home health workers and who also provide
23services under the Department's Home Services Program shall not
24be covered by the State Employees Group Insurance Act of 1971
25(5 ILCS 375/).
26    The Department shall execute, relative to nursing home



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1prescreening, as authorized by Section 4.03 of the Illinois Act
2on the Aging, written inter-agency agreements with the
3Department on Aging and the Department of Healthcare and Family
4Services, to effect the intake procedures and eligibility
5criteria for those persons who may need long term care. On and
6after July 1, 1996, all nursing home prescreenings for
7individuals 18 through 59 years of age shall be conducted by
8the Department, or a designee of the Department.
9    The Department is authorized to establish a system of
10recipient cost-sharing for services provided under this
11Section. The cost-sharing shall be based upon the recipient's
12ability to pay for services, but in no case shall the
13recipient's share exceed the actual cost of the services
14provided. Protected income shall not be considered by the
15Department in its determination of the recipient's ability to
16pay a share of the cost of services. The level of cost-sharing
17shall be adjusted each year to reflect changes in the
18"protected income" level. The Department shall deduct from the
19recipient's share of the cost of services any money expended by
20the recipient for disability-related expenses.
21    To the extent permitted under the federal Social Security
22Act, the Department, or the Department's authorized
23representative, may recover the amount of moneys expended for
24services provided to or in behalf of a person under this
25Section by a claim against the person's estate or against the
26estate of the person's surviving spouse, but no recovery may be



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1had until after the death of the surviving spouse, if any, and
2then only at such time when there is no surviving child who is
3under age 21 or blind or who has a permanent and total
4disability. This paragraph, however, shall not bar recovery, at
5the death of the person, of moneys for services provided to the
6person or in behalf of the person under this Section to which
7the person was not entitled; provided that such recovery shall
8not be enforced against any real estate while it is occupied as
9a homestead by the surviving spouse or other dependent, if no
10claims by other creditors have been filed against the estate,
11or, if such claims have been filed, they remain dormant for
12failure of prosecution or failure of the claimant to compel
13administration of the estate for the purpose of payment. This
14paragraph shall not bar recovery from the estate of a spouse,
15under Sections 1915 and 1924 of the Social Security Act and
16Section 5-4 of the Illinois Public Aid Code, who precedes a
17person receiving services under this Section in death. All
18moneys for services paid to or in behalf of the person under
19this Section shall be claimed for recovery from the deceased
20spouse's estate. "Homestead", as used in this paragraph, means
21the dwelling house and contiguous real estate occupied by a
22surviving spouse or relative, as defined by the rules and
23regulations of the Department of Healthcare and Family
24Services, regardless of the value of the property.
25    The Department shall submit an annual report on programs
26and services provided under this Section. The report shall be



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1filed with the Governor and the General Assembly on or before
2March 30 each year.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act, and filing additional copies with the State Government
10Report Distribution Center for the General Assembly as required
11under paragraph (t) of Section 7 of the State Library Act.
12    (g) To establish such subdivisions of the Department as
13shall be desirable and assign to the various subdivisions the
14responsibilities and duties placed upon the Department by law.
15    (h) To cooperate and enter into any necessary agreements
16with the Department of Employment Security for the provision of
17job placement and job referral services to clients of the
18Department, including job service registration of such clients
19with Illinois Employment Security offices and making job
20listings maintained by the Department of Employment Security
21available to such clients.
22    (i) To possess all powers reasonable and necessary for the
23exercise and administration of the powers, duties and
24responsibilities of the Department which are provided for by
26    (j) (Blank).



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1    (k) (Blank).
2    (l) To establish, operate and maintain a Statewide Housing
3Clearinghouse of information on available, government
4subsidized housing accessible to persons with disabilities and
5available privately owned housing accessible to persons with
6disabilities. The information shall include but not be limited
7to the location, rental requirements, access features and
8proximity to public transportation of available housing. The
9Clearinghouse shall consist of at least a computerized database
10for the storage and retrieval of information and a separate or
11shared toll free telephone number for use by those seeking
12information from the Clearinghouse. Department offices and
13personnel throughout the State shall also assist in the
14operation of the Statewide Housing Clearinghouse. Cooperation
15with local, State and federal housing managers shall be sought
16and extended in order to frequently and promptly update the
17Clearinghouse's information.
18    (m) To assure that the names and case records of persons
19who received or are receiving services from the Department,
20including persons receiving vocational rehabilitation, home
21services, or other services, and those attending one of the
22Department's schools or other supervised facility shall be
23confidential and not be open to the general public. Those case
24records and reports or the information contained in those
25records and reports shall be disclosed by the Director only to
26proper law enforcement officials, individuals authorized by a



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1court, the General Assembly or any committee or commission of
2the General Assembly, and other persons and for reasons as the
3Director designates by rule. Disclosure by the Director may be
4only in accordance with other applicable law.
5(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
6    Section 40. The Illinois Workforce Investment Board Act is
7amended by changing Sections 1, 2.5, 3, 4.5, 5, 6, 7, 7.2, 7.5,
8and 8 as follows:
9    (20 ILCS 3975/1)  (from Ch. 48, par. 2101)
10    Sec. 1. Short title. This Act may be cited as the Illinois
11Workforce Innovation Investment Board Act.
12(Source: P.A. 92-588, eff. 7-1-02.)
13    (20 ILCS 3975/2.5)
14    Sec. 2.5. Purpose.
15    (a) Beginning on the effective date of this amendatory Act
16of the 92nd General Assembly, the Illinois Human Resource
17Investment Council shall be known as the Illinois Workforce
18Investment Board. Beginning on the effective date of this
19amendatory Act of the 100th General Assembly, the Illinois
20Workforce Investment Board shall be known as the Illinois
21Workforce Innovation Board. The Illinois Workforce Innovation
22Investment Board is the State advisory board pertaining to
23workforce preparation policy. The Board shall ensure that



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1Illinois' workforce preparation services and programs are
2coordinated and integrated and shall measure and evaluate the
3overall performance and results of these programs. The Board
4shall further cooperation between government and the private
5sector to meet the workforce preparation needs of employers and
6workers in Illinois. The Board shall provide ongoing oversight
7of programs and needed information about the functioning of
8labor markets in Illinois.
9    (b) The Board shall help Illinois create and maintain a
10workforce with the skills and abilities that will keep the
11economy productive.
12    (c) The Board shall meet the requirements of the federal
13Workforce Innovation and Opportunity Act Workforce Investment
14Act of 1998.
15(Source: P.A. 92-588, eff. 7-1-02.)
16    (20 ILCS 3975/3)  (from Ch. 48, par. 2103)
17    Sec. 3. Illinois Workforce Innovation Investment Board.
18    (a) The Illinois Workforce Innovation Investment Board
19shall include:
20        (1) the Governor;
21        (2) 2 members of the House of Representatives appointed
22    by the Speaker of the House and 2 members of the Senate
23    appointed by the President of the Senate; and
24        (3) for appointments made prior to the effective date
25    of this amendatory Act of the 100th General Assembly,



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1    persons appointed by the Governor, with the advice and
2    consent of the Senate (except in the case of a person
3    holding an office or employment described in subparagraph
4    (F) when appointment to the office or employment requires
5    the advice and consent of the Senate), from among the
6    following:
7            (A) representatives of business in this State who
8        (i) are owners of businesses, chief executives or
9        operating officers of businesses, or other business
10        executives or employers with optimum policymaking or
11        hiring authority, including members of local boards
12        described in Section 117(b)(2)(A)(i) of the federal
13        Workforce Investment Act of 1998; (ii) represent
14        businesses with employment opportunities that reflect
15        the employment opportunities in the State; and (iii)
16        are appointed from among individuals nominated by
17        State business organizations and business trade
18        associations;
19            (B) chief elected officials from cities and
20        counties;
21            (C) representatives of labor organizations who
22        have been nominated by State labor federations;
23            (D) representatives of individuals or
24        organizations that have experience with youth
25        activities;
26            (E) representatives of individuals or



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1        organizations that have experience and expertise in
2        the delivery of workforce investment activities,
3        including chief executive officers of community
4        colleges and community-based organizations within the
5        State;
6            (F) the lead State agency officials with
7        responsibility for the programs and activities that
8        are described in Section 121(b) of the federal
9        Workforce Investment Act of 1998 and carried out by
10        one-stop partners and, in any case in which no lead
11        State agency official has responsibility for such a
12        program, service, or activity, a representative in the
13        State with expertise in such program, service, or
14        activity; and
15            (G) any other representatives and State agency
16        officials that the Governor may appoint, including,
17        but not limited to, one or more representatives of
18        local public education, post-secondary institutions,
19        secondary or post-secondary vocational education
20        institutions, and community-based organizations; and .
21        (4) for appointments made on or after the effective
22    date of this amendatory Act of the 100th General Assembly,
23    persons appointed by the Governor in accordance with
24    Section 101 of the federal Workforce Innovation and
25    Opportunity Act, subject to the advice and consent of the
26    Senate (except in the case of a person holding an office or



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1    employment with the Department of Commerce and Economic
2    Opportunity, the Illinois Community College Board, the
3    Department of Employment Security, or the Department of
4    Human Services when appointment to the office or employment
5    requires the consent of the Senate).
6    (b) (Blank). Members of the Board that represent
7organizations, agencies, or other entities must be individuals
8with optimum policymaking authority within the organization,
9agency, or entity. The members of the Board must represent
10diverse regions of the State, including urban, rural, and
11suburban areas.
12    (c) (Blank). A majority of the members of the Board must be
13representatives described in subparagraph (A) of paragraph (3)
14of subsection (a). There must be at least 2 members from each
15of the categories described in subparagraphs (D) and (E) of
16paragraph (3) of subsection (a). There must be at least 3
17members from the category described in subparagraph (C) of
18paragraph (3) of subsection (a). A majority of any committee
19the Board may establish for the purpose of general oversight,
20control, supervision, or management of the Board's business
21must be representatives described in subparagraph (A) of
22paragraph (3) of subsection (a); any such committee must also
23include at least one representative from each of the categories
24described in subparagraphs (C) through (E) of paragraph (3) of
25subsection (a) and may include one or more representatives from
26any other categories described in paragraph (3) of subsection



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2    (d) The Governor shall select a chairperson as provided in
3the federal Workforce Innovation and Opportunity Act for the
4Board from among the representatives described in subparagraph
5(A) of paragraph (3) of subsection (a).
6    (d-5) (Blank).
7    (e) Except as otherwise provided in this subsection, this
8amendatory Act of the 92nd General Assembly does not affect the
9tenure of any member appointed to and serving on the Illinois
10Human Resource Investment Council on the effective date of this
11amendatory Act of the 92nd General Assembly. Members of the
12Board nominated for appointment in 2000, 2001, or 2002 shall
13serve for fixed and staggered terms, as designated by the
14Governor, expiring no later than July 1 of the second calendar
15year succeeding their respective appointments or until their
16successors are appointed and qualified. Members of the Board
17nominated for appointment after 2002 shall serve for terms
18expiring on July 1 of the second calendar year succeeding their
19respective appointments, or until their successors are
20appointed and qualified. A State official or employee serving
21on the Board under subparagraph (F) of paragraph (3) of
22subsection (a) by virtue of his or her State office or
23employment shall serve during the term of that office or
24employment. A vacancy is created in situations including, but
25not limited to, those in which an individual serving on the
26Board ceases to satisfy all of the requirements for appointment



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1under the provision under which he or she was appointed. The
2Governor may at any time make appointments to fill vacancies
3for the balance of an unexpired term. Vacancies shall be filled
4in the same manner as the original appointment. Members shall
5serve without compensation, but shall be reimbursed for
6necessary expenses incurred in the performance of their duties.
7    (f) The Board shall meet at least 4 times per calendar year
8at times and in places that it deems necessary. The Board shall
9be subject to the Open Meetings Act and, to the extent required
10by that law, its meetings shall be publicly announced and open
11and accessible to the general public. The Board shall adopt any
12rules and operating procedures that it deems necessary to carry
13out its responsibilities under this Act and under the federal
14Workforce Innovation and Opportunity Act Workforce Investment
15Act of 1998.
16(Source: P.A. 92-588, eff. 7-1-02.)
17    (20 ILCS 3975/4.5)
18    Sec. 4.5. Duties.
19    (a) The Board must perform all the functions of a state
20workforce innovation investment board under the federal
21Workforce Innovation and Opportunity Act Workforce Investment
22Act of 1998, any amendments to that Act, and any other
23applicable federal statutes. The Board must also perform all
24other functions that are not inconsistent with the federal
25Workforce Innovation and Opportunity Act Workforce Investment



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1Act of 1998 or this Act and that are assumed by the Board under
2its bylaws or assigned to it by the Governor.
3    (b) The Board must cooperate with the General Assembly and
4make recommendations to the Governor and the General Assembly
5concerning legislation necessary to improve upon statewide and
6local workforce development investment systems in order to
7increase occupational skill attainment, employment, retention,
8or earnings of participants and thereby improve the quality of
9the workforce, reduce welfare dependency, and enhance the
10productivity and competitiveness of the State. The Board must
11annually submit a report to the General Assembly on the
12progress of the State in achieving state performance measures
13under the federal Workforce Innovation and Opportunity Act
14Workforce Investment Act of 1998, including information on the
15levels of performance achieved by the State with respect to the
16core indicators of performance and the customer satisfaction
17indicator under that Act. The report must include any other
18items that the Governor may be required to report to the
19Secretary of the United States Department of Labor under
20Section 136(d) of the federal Workforce Investment Act of 1998.
21    (b-5) The Board shall implement a method for measuring the
22progress of the State's workforce development system by using
23benchmarks specified in the federal Workforce Innovation and
24Opportunity Act. specified benchmarks. Those benchmarks are:
25(i) the educational level of working adults; (ii) the
26percentage of the adult workforce in education and training;



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1(iii) adult literacy; (iv) the percentage of high school
2graduates transitioning to education or training; (v) the high
3school dropout rate; (vi) the number of youth transitioning
4from 8th grade to 9th grade; (vii) the percentage of
5individuals and families at economic self-sufficiency; (viii)
6the average growth in pay; (ix) net job growth; and (x)
7productivity per employee.
8    The Board shall identify the most significant early
9indicators for each benchmark, establish a mechanism to collect
10data and track the benchmarks on an annual basis, and then use
11the results to set goals for each benchmark, to inform
12planning, and to ensure the effective use of State resources.
13    (c) Nothing in this Act shall be construed to require or
14allow the Board to assume or supersede the statutory authority
15granted to, or impose any duties or requirements on, the State
16Board of Education, the Board of Higher Education, the Illinois
17Community College Board, any State agencies created under the
18Civil Administrative Code of Illinois, or any local education
20    (d) No actions taken by the Illinois Human Resource
21Investment Council before the effective date of this amendatory
22Act of the 92nd General Assembly and no rights, powers, duties,
23or obligations from those actions are impaired solely by this
24amendatory Act of the 92nd General Assembly. All actions taken
25by the Illinois Human Resource Investment Council before the
26effective date of this amendatory Act of the 92nd General



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1Assembly are ratified and validated.
2(Source: P.A. 92-588, eff. 7-1-02; 93-331, eff. 1-1-04.)
3    (20 ILCS 3975/5)  (from Ch. 48, par. 2105)
4    Sec. 5. Plans; expenditures. The plans and decisions of the
5Board shall be subject to approval by the Governor. All funds
6received by the State pursuant to the federal Job Training
7Partnership Act or the federal Workforce Innovation and
8Opportunity Act Workforce Investment Act of 1998 shall be
9expended only pursuant to appropriation.
10(Source: P.A. 92-588, eff. 7-1-02.)
11    (20 ILCS 3975/6)  (from Ch. 48, par. 2106)
12    Sec. 6. Programs and services, conflict of interest. In
13order to assure objective management and oversight, the Board
14shall not operate programs or provide services directly to
15eligible participants, but shall exist solely to plan,
16coordinate and monitor the provisions of such programs and
18    A member of the Board may not (1) vote on a matter under
19consideration by the Board that (a) regards the provision of
20services by the member or by an entity that the member
21represents or (b) would provide direct financial benefit to the
22member or the immediate family of the member or (2) engage in
23any other activity determined by the Governor to constitute a
24conflict of interest as specified in the State plan established



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1under the federal Workforce Investment Act of 1998.
2(Source: P.A. 92-588, eff. 7-1-02.)
3    (20 ILCS 3975/7)  (from Ch. 48, par. 2107)
4    Sec. 7. Personnel. The Board is authorized to obtain the
5services of any professional, technical and clerical personnel
6that may be necessary to carry out its functions under this Act
7and under the federal Workforce Innovation and Opportunity Act
8Workforce Investment Act of 1998.
9(Source: P.A. 92-588, eff. 7-1-02.)
10    (20 ILCS 3975/7.2)
11    Sec. 7.2. Posting requirements; Department of Commerce and
12Economic Opportunity's website. On and after the effective date
13of this amendatory Act of the 97th General Assembly, the
14Illinois Workforce Innovation Investment Board must annually
15submit to the Department of Commerce and Economic Opportunity
16the following information to be posted on the Department's
17official Internet website:
18        (1) All agendas and meeting minutes for meetings of the
19    Illinois Workforce Innovation Investment Board.
20        (2) All line-item budgets for the local workforce
21    investment areas located within the State.
22        (3) A listing of all contracts and contract values for
23    all workforce development training and service providers.
24    The information required under this Section must be posted



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1on the Department of Commerce and Economic Opportunity's
2Internet website no later than 30 days after the Department
3receives the information from the Illinois Workforce
4Innovation Investment Board.
5(Source: P.A. 97-356, eff. 1-1-12.)
6    (20 ILCS 3975/7.5)
7    Sec. 7.5. Procurement. The Illinois Workforce Innovation
8Investment Board is subject to the Illinois Procurement Code,
9to the extent consistent with all applicable federal laws.
10(Source: P.A. 97-356, eff. 1-1-12.)
11    (20 ILCS 3975/8)  (from Ch. 48, par. 2108)
12    Sec. 8. Audits. The Illinois Workforce Innovation
13Investment Board and any recipient of funds under this Act
14shall be subject to audits conducted by the Auditor General
15with respect to all funds appropriated for the purposes of this
17(Source: P.A. 92-588, eff. 7-1-02.)
18    Section 45. The Commission on the Elimination of Poverty
19Act is amended by changing Section 15 as follows:
20    (20 ILCS 4080/15)
21    Sec. 15. Members. The Commission on the Elimination of
22Poverty shall be composed of no more than 26 voting members



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1including 2 members of the Illinois House of Representatives,
2one appointed by the Speaker of the House and one appointed by
3the House Minority Leader; 2 members of the Illinois Senate,
4one appointed by the Senate President and one appointed by the
5Senate Minority Leader; one representative of the Office of the
6Governor appointed by the Governor; one representative of the
7Office of the Lieutenant Governor appointed by the Lieutenant
8Governor; and 20 public members, 4 of whom shall be appointed
9by the Governor, 4 of whom shall be appointed by the Speaker of
10the House, 4 of whom shall be appointed by the House Minority
11Leader, 4 of whom shall be appointed by the Senate President,
12and 4 of whom shall be appointed by the Senate Minority Leader.
13It shall be determined by lot who will appoint which public
14members of the Commission. The public members shall include a
15representative of a service-based human rights organization; 2
16representatives from anti-poverty organizations, including one
17that focuses on rural poverty; 2 individuals who have
18experienced extreme poverty; a representative of an
19organization that advocates for health care access,
20affordability and availability; a representative of an
21organization that advocates for persons with mental illness; a
22representative of an organization that advocates for children
23and youth; a representative of an organization that advocates
24for quality and equality in education; a representative of an
25organization that advocates for people who are homeless; a
26representative of a statewide anti-hunger organization; a



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1person with a disability; a representative of an organization
2that advocates for persons with disabilities; a representative
3of an organization that advocates for immigrants; a
4representative of a statewide faith-based organization that
5provides direct social services in Illinois; a representative
6of an organization that advocates for economic security for
7women; a representative of an organization that advocates for
8older adults; a representative of a labor organization that
9represents primarily low and middle-income wage earners; a
10representative of a municipal or county government; and a
11representative of township government. The appointed members
12shall reflect the racial, gender, and geographic diversity of
13the State and shall include representation from regions of the
14State experiencing the highest rates of extreme poverty.
15    The following officials shall serve as ex-officio members:
16the Secretary of Human Services or his or her designee; the
17Director of Corrections or his or her designee; the Director of
18Healthcare and Family Services or his or her designee; the
19Director of Human Rights or his or her designee; the Director
20of Children and Family Services or his or her designee; the
21Director of Commerce and Economic Opportunity or his or her
22designee; the State Superintendent of Education or his or her
23designee; the Director of Aging or his or her designee; the
24Director of Public Health or his or her designee; and the
25Director of Employment Security or his or her designee. The
26State Workforce Innovation Investment Board, the



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1African-American Family Commission, and the Latino Family
2Commission shall each designate a liaison to serve ex-officio
3on the Commission.
4    Members shall serve without compensation, but, subject to
5the availability of funds, public members may be reimbursed for
6reasonable and necessary travel expenses connected to
7Commission business.
8    Commission members shall be appointed within 60 days after
9the effective date of this Act. The Commission shall hold its
10initial meeting within 30 days after at least 50% of the
11members have been appointed.
12    The representative of the Office of the Governor and the
13representative of a service-based human rights organization
14shall serve as co-chairs of the Commission.
15    At the first meeting of the Commission, the members shall
16select a 7-person Steering Committee that includes the
18    The Commission may establish committees that address
19specific issues or populations and may appoint individuals with
20relevant expertise who are not appointed members of the
21Commission to serve on committees as needed.
22    Subject to appropriation, the office of the Governor, or a
23designee of the Governor's choosing, shall provide
24administrative support to the Commission.
25(Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.)



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1    Section 55. The Higher Education Student Assistance Act is
2amended by changing Section 35 as follows:
3    (110 ILCS 947/35)
4    Sec. 35. Monetary award program.
5    (a) The Commission shall, each year, receive and consider
6applications for grant assistance under this Section. Subject
7to a separate appropriation for such purposes, an applicant is
8eligible for a grant under this Section when the Commission
9finds that the applicant:
10        (1) is a resident of this State and a citizen or
11    permanent resident of the United States; and
12        (2) in the absence of grant assistance, will be
13    deterred by financial considerations from completing an
14    educational program at the qualified institution of his or
15    her choice.
16    (b) The Commission shall award renewals only upon the
17student's application and upon the Commission's finding that
18the applicant:
19        (1) has remained a student in good standing;
20        (2) remains a resident of this State; and
21        (3) is in a financial situation that continues to
22    warrant assistance.
23    (c) All grants shall be applicable only to tuition and
24necessary fee costs. The Commission shall determine the grant
25amount for each student, which shall not exceed the smallest of



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1the following amounts:
2        (1) subject to appropriation, $5,468 for fiscal year
3    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
4    year 2011 and each fiscal year thereafter, or such lesser
5    amount as the Commission finds to be available, during an
6    academic year;
7        (2) the amount which equals 2 semesters or 3 quarters
8    tuition and other necessary fees required generally by the
9    institution of all full-time undergraduate students; or
10        (3) such amount as the Commission finds to be
11    appropriate in view of the applicant's financial
12    resources.
13    Subject to appropriation, the maximum grant amount for
14students not subject to subdivision (1) of this subsection (c)
15must be increased by the same percentage as any increase made
16by law to the maximum grant amount under subdivision (1) of
17this subsection (c).
18    "Tuition and other necessary fees" as used in this Section
19include the customary charge for instruction and use of
20facilities in general, and the additional fixed fees charged
21for specified purposes, which are required generally of
22nongrant recipients for each academic period for which the
23grant applicant actually enrolls, but do not include fees
24payable only once or breakage fees and other contingent
25deposits which are refundable in whole or in part. The
26Commission may prescribe, by rule not inconsistent with this



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1Section, detailed provisions concerning the computation of
2tuition and other necessary fees.
3    (d) No applicant, including those presently receiving
4scholarship assistance under this Act, is eligible for monetary
5award program consideration under this Act after receiving a
6baccalaureate degree or the equivalent of 135 semester credit
7hours of award payments.
8    (e) The Commission, in determining the number of grants to
9be offered, shall take into consideration past experience with
10the rate of grant funds unclaimed by recipients. The Commission
11shall notify applicants that grant assistance is contingent
12upon the availability of appropriated funds.
13    (e-5) The General Assembly finds and declares that it is an
14important purpose of the Monetary Award Program to facilitate
15access to college both for students who pursue postsecondary
16education immediately following high school and for those who
17pursue postsecondary education later in life, particularly
18Illinoisans who are dislocated workers with financial need and
19who are seeking to improve their economic position through
20education. For the 2015-2016 and 2016-2017 academic years, the
21Commission shall give additional and specific consideration to
22the needs of dislocated workers with the intent of allowing
23applicants who are dislocated workers an opportunity to secure
24financial assistance even if applying later than the general
25pool of applicants. The Commission's consideration shall
26include, in determining the number of grants to be offered, an



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1estimate of the resources needed to serve dislocated workers
2who apply after the Commission initially suspends award
3announcements for the upcoming regular academic year, but prior
4to the beginning of that academic year. For the purposes of
5this subsection (e-5), a dislocated worker is defined as in the
6federal Workforce Innovation and Opportunity Act Workforce
7Investment Act of 1998.
8    (f) The Commission may request appropriations for deposit
9into the Monetary Award Program Reserve Fund. Monies deposited
10into the Monetary Award Program Reserve Fund may be expended
11exclusively for one purpose: to make Monetary Award Program
12grants to eligible students. Amounts on deposit in the Monetary
13Award Program Reserve Fund may not exceed 2% of the current
14annual State appropriation for the Monetary Award Program.
15    The purpose of the Monetary Award Program Reserve Fund is
16to enable the Commission each year to assure as many students
17as possible of their eligibility for a Monetary Award Program
18grant and to do so before commencement of the academic year.
19Moneys deposited in this Reserve Fund are intended to enhance
20the Commission's management of the Monetary Award Program,
21minimizing the necessity, magnitude, and frequency of
22adjusting award amounts and ensuring that the annual Monetary
23Award Program appropriation can be fully utilized.
24    (g) The Commission shall determine the eligibility of and
25make grants to applicants enrolled at qualified for-profit
26institutions in accordance with the criteria set forth in this



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1Section. The eligibility of applicants enrolled at such
2for-profit institutions shall be limited as follows:
3        (1) Beginning with the academic year 1997, only to
4    eligible first-time freshmen and first-time transfer
5    students who have attained an associate degree.
6        (2) Beginning with the academic year 1998, only to
7    eligible freshmen students, transfer students who have
8    attained an associate degree, and students who receive a
9    grant under paragraph (1) for the academic year 1997 and
10    whose grants are being renewed for the academic year 1998.
11        (3) Beginning with the academic year 1999, to all
12    eligible students.
13(Source: P.A. 98-967, eff. 8-15-14.)
14    Section 60. The Illinois Public Aid Code is amended by
15changing Section 9A-3 as follows:
16    (305 ILCS 5/9A-3)  (from Ch. 23, par. 9A-3)
17    Sec. 9A-3. Establishment of Program and Level of Services.
18    (a) The Illinois Department shall establish and maintain a
19program to provide recipients with services consistent with the
20purposes and provisions of this Article. The program offered in
21different counties of the State may vary depending on the
22resources available to the State to provide a program under
23this Article, and no program may be offered in some counties,
24depending on the resources available. Services may be provided



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1directly by the Illinois Department or through contract.
2References to the Illinois Department or staff of the Illinois
3Department shall include contractors when the Illinois
4Department has entered into contracts for these purposes. The
5Illinois Department shall provide each recipient who
6participates with such services available under the program as
7are necessary to achieve his employability plan as specified in
8the plan.
9    (b) The Illinois Department, in operating the program,
10shall cooperate with public and private education and
11vocational training or retraining agencies or facilities, the
12Illinois State Board of Education, the Illinois Community
13College Board, the Departments of Employment Security and
14Commerce and Economic Opportunity or other sponsoring
15organizations funded under the federal Workforce Innovation
16and Opportunity Act Workforce Investment Act and other public
17or licensed private employment agencies.
18(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
19    Section 65. The Afterschool Youth Development Project Act
20is amended by changing Section 15 as follows:
21    (325 ILCS 27/15)
22    Sec. 15. Illinois Youth Development Council.
23    (a) Creation. In order to effectively achieve the policy
24established in this Act, the Illinois Youth Development Council



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1shall be created. The purpose of the Council is to provide
2oversight and coordination to the State's public funds
3currently invested to support positive youth development
4programs and activities and to set systemwide policies and
5priorities to accomplish the following 5 major objectives: (i)
6set afterschool program expansion priorities, such as
7addressing gaps in programming for specific ages and
8populations; (ii) create outcome measures and require all
9afterschool programs to be evaluated to ensure that outcomes
10are being met; (iii) oversee the establishment of a statewide
11program improvement system that provides technical assistance
12and capacity building to increase program participation and
13quality systemwide; (iv) monitor and assess afterschool
14program quality through outcome measures; and (v) establish
15State policy to support the attainment of outcomes. The Council
16shall be created within the Department of Human Services.
17    (b) Governance. The Illinois Youth Development Council
18shall reflect the regional, racial, socioeconomic, and
19cultural diversity of the State to ensure representation of the
20needs of all Illinois youth. The Council shall be composed of
21no less than 28 and no more than 32 members. The Council may
22establish a defined length of term for membership on the
24        (1) Membership. The Council shall include
25    representation from both public and private organizations
26    comprised of the following:



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1            (A) Four members of the General Assembly: one
2        appointed by the President of the Senate, one appointed
3        by the Minority Leader of the Senate, one appointed by
4        the Speaker of the House of Representatives, and one
5        appointed by the Minority Leader of the House of
6        Representatives.
7            (B) The chief administrators of the following
8        State agencies: the Department of Human Services; the
9        Illinois State Board of Education; the Department of
10        Children and Family Services; the Department of Public
11        Health; the Department of Juvenile Justice; the
12        Department of Healthcare and Family Services; the
13        Department of Commerce and Economic Opportunity; the
14        Illinois Board of Higher Education; and the Illinois
15        Community College Board.
16            (C) The Chair of the Illinois Workforce Innovation
17        Investment Board and the Executive Director of the
18        Illinois Violence Prevention Authority.
19        The following Council members shall be appointed by the
20    Governor:
21            (D) Two officials from a unit of local government.
22            (E) At least 3 representatives of direct youth
23        service providers and faith-based providers.
24            (F) Three young people who are between the ages of
25        16 and 21 and who are members of the Youth Advisory
26        Group as established in paragraph (2) of this



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1        subsection.
2            (G) Two parents of children between the ages of 6
3        and 19.
4            (H) One academic researcher in the field of youth
5        development.
6            (I) Additional public members that include local
7        government stakeholders and nongovernmental
8        stakeholders with an interest in youth development and
9        afterschool programs, including representation from
10        the following private sector fields and
11        constituencies: child and youth advocacy; children and
12        youth with special needs; child and adolescent health;
13        business; and law enforcement.
14        Persons may be nominated by organizations representing
15    the fields outlined in this Section. The Governor shall
16    designate one of the Council members who is a nongovernment
17    stakeholder to serve as co-chairperson. The Council shall
18    create a subcommittee of additional direct youth service
19    providers as well as other subcommittees as deemed
20    necessary.
21        (2) Youth Advisory Group. To ensure that the Council is
22    responsive to the needs and priorities of Illinois' young
23    people, the Council shall establish an independent Youth
24    Advisory Group, which shall be composed of a diverse body
25    of 15 youths between the ages of 14 and 19 from across the
26    State. Members that surpass the age of 19 while serving on



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1    the Youth Advisory Group may complete the term of the
2    appointment. The Youth Advisory Group shall be charged
3    with: (i) presenting recommendations to the Council 4 times
4    per year on issues related to afterschool and youth
5    development programming and policy; and (ii) reviewing key
6    programmatic, funding, and policy decisions made by the
7    Council. To develop priorities and recommendations, the
8    Youth Advisory Group may engage students from across the
9    State via focus groups, on-line surveys, and other means.
10    The Youth Advisory Group shall be administered by the
11    Department of Human Services and facilitated by an
12    independent, established youth organization with expertise
13    in youth civic engagement. This youth civic engagement
14    organization shall administer the application requirements
15    and process and shall nominate 30 youth. The Department of
16    Human Services shall select 15 of the nominees for the
17    Youth Advisory Group, 3 of whom shall serve on the Council.
18    (c) Activities. The major objectives of the Council shall
19be accomplished through the following activities:
20        (1) Publishing an annual plan that sets system goals
21    for Illinois' afterschool funding that include key
22    indicators, performance standards, and outcome measures
23    and that outlines funding evaluation and reporting
24    requirements.
25        (2) Developing and maintaining a system and processes
26    to collect and report consistent program and outcome data



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1    on all afterschool programs funded by State and local
2    government.
3        (3) Developing linkages between afterschool data
4    systems and other statewide youth program outcome data
5    systems (e.g. schools, post-secondary education, juvenile
6    justice, etc.).
7        (4) Developing procedures for implementing an
8    evaluation of the statewide system of program providers,
9    including programs established by this Act.
10        (5) Reviewing evaluation results and data reports to
11    inform future investments and allocations and to shape
12    State policy.
13        (6) Developing technical assistance and
14    capacity-building infrastructure and ensuring appropriate
15    workforce development strategies across agencies for those
16    who will be working in afterschool programs.
17        (7) Reviewing and making public recommendations to the
18    Governor and the General Assembly with respect to the
19    budgets for State youth services to ensure the adequacy of
20    those budgets and alignment to system goals outlined in the
21    plan described in paragraph (1) of this subsection.
22        (8) Developing and overseeing execution of a research
23    agenda to inform future program planning.
24        (9) Providing strategic advice to other State
25    agencies, the Illinois General Assembly, and Illinois'
26    Constitutional Officers on afterschool-related activities



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1    statewide.
2        (10) Approving awards of grants to demonstration
3    projects as outlined in Section 20 of this Act.
4    (d) Accountability. The Council shall annually report to
5the Governor and the General Assembly on the Council's progress
6towards its goals and objectives. The Department of Human
7Services shall provide resources to the Council, including
8administrative services and data collection and shall be
9responsible for conducting procurement processes required by
10the Act. The Department may contract with vendors to provide
11all or a portion of any necessary resources.
12(Source: P.A. 96-1302, eff. 7-27-10.)
13    Section 70. The Unemployment Insurance Act is amended by
14changing Sections 500 and 502 as follows:
15    (820 ILCS 405/500)  (from Ch. 48, par. 420)
16    Sec. 500. Eligibility for benefits. An unemployed
17individual shall be eligible to receive benefits with respect
18to any week only if the Director finds that:
19    A. He has registered for work at and thereafter has
20continued to report at an employment office in accordance with
21such regulations as the Director may prescribe, except that the
22Director may, by regulation, waive or alter either or both of
23the requirements of this subsection as to individuals attached
24to regular jobs, and as to such other types of cases or



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1situations with respect to which he finds that compliance with
2such requirements would be oppressive or inconsistent with the
3purposes of this Act, provided that no such regulation shall
4conflict with Section 400 of this Act.
5    B. He has made a claim for benefits with respect to such
6week in accordance with such regulations as the Director may
8    C. He is able to work, and is available for work; provided
9that during the period in question he was actively seeking work
10and he has certified such. Whenever requested to do so by the
11Director, the individual shall, in the manner the Director
12prescribes by regulation, inform the Department of the places
13at which he has sought work during the period in question.
14Nothing in this subsection shall limit the Director's approval
15of alternate methods of demonstrating an active search for work
16based on regular reporting to a trade union office.
17        1. If an otherwise eligible individual is unable to
18    work or is unavailable for work on any normal workday of
19    the week, he shall be eligible to receive benefits with
20    respect to such week reduced by one-fifth of his weekly
21    benefit amount for each day of such inability to work or
22    unavailability for work. For the purposes of this
23    paragraph, an individual who reports on a day subsequent to
24    his designated report day shall be deemed unavailable for
25    work on his report day if his failure to report on that day
26    is without good cause, and on each intervening day, if any,



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1    on which his failure to report is without good cause. As
2    used in the preceding sentence, "report day" means the day
3    which has been designated for the individual to report to
4    file his claim for benefits with respect to any week. This
5    paragraph shall not be construed so as to effect any change
6    in the status of part-time workers as defined in Section
7    407.
8        2. An individual shall be considered to be unavailable
9    for work on days listed as whole holidays in "An Act to
10    revise the law in relation to promissory notes, bonds, due
11    bills and other instruments in writing," approved March 18,
12    1874, as amended; on days which are holidays in his
13    religion or faith, and on days which are holidays according
14    to the custom of his trade or occupation, if his failure to
15    work on such day is a result of the holiday. In determining
16    the claimant's eligibility for benefits and the amount to
17    be paid him, with respect to the week in which such holiday
18    occurs, he shall have attributed to him as additional
19    earnings for that week an amount equal to one-fifth of his
20    weekly benefit amount for each normal work day on which he
21    does not work because of a holiday of the type above
22    enumerated.
23        3. An individual shall be deemed unavailable for work
24    if, after his separation from his most recent employing
25    unit, he has removed himself to and remains in a locality
26    where opportunities for work are substantially less



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1    favorable than those in the locality he has left.
2        4. An individual shall be deemed unavailable for work
3    with respect to any week which occurs in a period when his
4    principal occupation is that of a student in attendance at,
5    or on vacation from, a public or private school.
6        5. Notwithstanding any other provisions of this Act, an
7    individual shall not be deemed unavailable for work or to
8    have failed actively to seek work, nor shall he be
9    ineligible for benefits by reason of the application of the
10    provisions of Section 603, with respect to any week,
11    because he is enrolled in and is in regular attendance at a
12    training course approved for him by the Director:
13            (a) but only if, with respect to that week, the
14        individual presents, upon request, to the claims
15        adjudicator referred to in Section 702 a statement
16        executed by a responsible person connected with the
17        training course, certifying that the individual was in
18        full-time attendance at such course during the week.
19        The Director may approve such course for an individual
20        only if he finds that (1) reasonable work opportunities
21        for which the individual is fitted by training and
22        experience do not exist in his locality; (2) the
23        training course relates to an occupation or skill for
24        which there are, or are expected to be in the immediate
25        future, reasonable work opportunities in his locality;
26        (3) the training course is offered by a competent and



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1        reliable agency, educational institution, or employing
2        unit; (4) the individual has the required
3        qualifications and aptitudes to complete the course
4        successfully; and (5) the individual is not receiving
5        and is not eligible (other than because he has claimed
6        benefits under this Act) for subsistence payments or
7        similar assistance under any public or private
8        retraining program: Provided, that the Director shall
9        not disapprove such course solely by reason of clause
10        (5) if the subsistence payment or similar assistance is
11        subject to reduction by an amount equal to any benefits
12        payable to the individual under this Act in the absence
13        of the clause. In the event that an individual's weekly
14        unemployment compensation benefit is less than his
15        certified training allowance, that person shall be
16        eligible to receive his entire unemployment
17        compensation benefits, plus such supplemental training
18        allowances that would make an applicant's total weekly
19        benefit identical to the original certified training
20        allowance.
21            (b) The Director shall have the authority to grant
22        approval pursuant to subparagraph (a) above prior to an
23        individual's formal admission into a training course.
24        Requests for approval shall not be made more than 30
25        days prior to the actual starting date of such course.
26        Requests shall be made at the appropriate unemployment



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1        office.
2            (c) The Director shall for purposes of paragraph C
3        have the authority to issue a blanket approval of
4        training programs implemented pursuant to the federal
5        Workforce Innovation and Opportunity Act Workforce
6        Investment Act of 1998 if both the training program and
7        the criteria for an individual's participation in such
8        training meet the requirements of this paragraph C.
9            (d) Notwithstanding the requirements of
10        subparagraph (a), the Director shall have the
11        authority to issue blanket approval of training
12        programs implemented under the terms of a collective
13        bargaining agreement.
14        6. Notwithstanding any other provisions of this Act, an
15    individual shall not be deemed unavailable for work or to
16    have failed actively to seek work, nor shall he be
17    ineligible for benefits, by reason of the application of
18    the provisions of Section 603 with respect to any week
19    because he is in training approved under Section 236 (a)(1)
20    of the federal Trade Act of 1974, nor shall an individual
21    be ineligible for benefits under the provisions of Section
22    601 by reason of leaving work voluntarily to enter such
23    training if the work left is not of a substantially equal
24    or higher skill level than the individual's past adversely
25    affected employment as defined under the federal Trade Act
26    of 1974 and the wages for such work are less than 80% of



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1    his average weekly wage as determined under the federal
2    Trade Act of 1974.
3    D. If his benefit year begins prior to July 6, 1975 or
4subsequent to January 2, 1982, he has been unemployed for a
5waiting period of 1 week during such benefit year. If his
6benefit year begins on or after July 6, l975, but prior to
7January 3, 1982, and his unemployment continues for more than
8three weeks during such benefit year, he shall be eligible for
9benefits with respect to each week of such unemployment,
10including the first week thereof. An individual shall be deemed
11to be unemployed within the meaning of this subsection while
12receiving public assistance as remuneration for services
13performed on work projects financed from funds made available
14to governmental agencies for such purpose. No week shall be
15counted as a week of unemployment for the purposes of this
17        1. Unless it occurs within the benefit year which
18    includes the week with respect to which he claims payment
19    of benefits, provided that, for benefit years beginning
20    prior to January 3, 1982, this requirement shall not
21    interrupt the payment of benefits for consecutive weeks of
22    unemployment; and provided further that the week
23    immediately preceding a benefit year, if part of one
24    uninterrupted period of unemployment which continues into
25    such benefit year, shall be deemed (for the purpose of this
26    subsection only and with respect to benefit years beginning



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1    prior to January 3, 1982, only) to be within such benefit
2    year, as well as within the preceding benefit year, if the
3    unemployed individual would, except for the provisions of
4    the first paragraph and paragraph 1 of this subsection and
5    of Section 605, be eligible for and entitled to benefits
6    for such week.
7        2. If benefits have been paid with respect thereto.
8        3. Unless the individual was eligible for benefits with
9    respect thereto except for the requirements of this
10    subsection and of Section 605.
11    E. With respect to any benefit year beginning prior to
12January 3, 1982, he has been paid during his base period wages
13for insured work not less than the amount specified in Section
14500E of this Act as amended and in effect on October 5, 1980.
15With respect to any benefit year beginning on or after January
163, 1982, he has been paid during his base period wages for
17insured work equal to not less than $1,600, provided that he
18has been paid wages for insured work equal to at least $440
19during that part of his base period which does not include the
20calendar quarter in which the wages paid to him were highest.
21    F. During that week he has participated in reemployment
22services to which he has been referred, including but not
23limited to job search assistance services, pursuant to a
24profiling system established by the Director by rule in
25conformity with Section 303(j)(1) of the federal Social
26Security Act, unless the Director determines that:



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1        1. the individual has completed such services; or
2        2. there is justifiable cause for the claimant's
3    failure to participate in such services.
4    This subsection F is added by this amendatory Act of 1995
5to clarify authority already provided under subsections A and C
6in connection with the unemployment insurance claimant
7profiling system required under subsections (a)(10) and (j)(1)
8of Section 303 of the federal Social Security Act as a
9condition of federal funding for the administration of the
10Unemployment Insurance Act.
11(Source: P.A. 92-396, eff. 1-1-02.)
12    (820 ILCS 405/502)
13    Sec. 502. Eligibility for benefits under the Short-Time
14Compensation Program.
15    A. The Director may by rule establish a short-time
16compensation program consistent with this Section. No
17short-time compensation shall be payable except as authorized
18by rule.
19    B. As used in this Section:
20    "Affected unit" means a specified plant, department,
21shift, or other definable unit that includes 2 or more workers
22to which an approved short-time compensation plan applies.
23    "Health and retirement benefits" means employer-provided
24health benefits and retirement benefits under a defined benefit
25pension plan (as defined in Section 414(j) of the Internal



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1Revenue Code) or contributions under a defined contribution
2plan (defined in Section 414(i) of the Internal Revenue Code),
3which are incidents of employment in addition to the cash
4remuneration earned.
5    "Short-time compensation" means the unemployment benefits
6payable to employees in an affected unit under an approved
7short-time compensation plan, as distinguished from the
8unemployment benefits otherwise payable under this Act.
9    "Short-time compensation plan" means a plan submitted by an
10employer, for approval by the Director, under which the
11employer requests the payment of short-time compensation to
12workers in an affected unit of the employer to avert layoffs.
13    "Usual weekly hours of work" means the usual hours of work
14for full-time or part-time employees in the affected unit when
15that unit is operating on its regular basis, not to exceed 40
16hours and not including hours of overtime work.
17    "Unemployment insurance" means the unemployment benefits
18payable under this Act other than short-time compensation and
19includes any amounts payable pursuant to an agreement under any
20Federal law providing for compensation, assistance, or
21allowances with respect to unemployment.
22    C. An employer wishing to participate in the short-time
23compensation program shall submit a signed written short-time
24compensation plan to the Director for approval. The Director
25shall develop an application form to request approval of a
26short-time compensation plan and an approval process. The



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1application shall include:
2        1. The employer's unemployment insurance account
3    number, the affected unit covered by the plan, including
4    the number of full-time or part-time workers in such unit,
5    the percentage of workers in the affected unit covered by
6    the plan, identification of each individual employee in the
7    affected unit by name and social security number, and any
8    other information required by the Director to identify plan
9    participants.
10        2. A description of how workers in the affected unit
11    will be notified of the employer's participation in the
12    short-time compensation plan if such application is
13    approved, including how the employer will notify those
14    workers in a collective bargaining unit as well as any
15    workers in the affected unit who are not in a collective
16    bargaining unit. If the employer will not provide advance
17    notice to workers in the affected unit, the employer shall
18    explain in a statement in the application why it is not
19    feasible to provide such notice.
20        3. The employer's certification that it has the
21    approval of the plan from all collective bargaining
22    representatives of employees in the affected unit and has
23    notified all employees in the affected unit who are not in
24    a collective bargaining unit of the plan.
25        4. The employer's certification that it will not hire
26    additional part-time or full-time employees for, or



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1    transfer employees to, the affected unit, while the program
2    is in operation.
3        5. A requirement that the employer identify the usual
4    weekly hours of work for employees in the affected unit and
5    the specific percentage by which their hours will be
6    reduced during all weeks covered by the plan. An
7    application shall specify the percentage of reduction for
8    which a short-time compensation application may be
9    approved which shall be not less than 20% and not more than
10    60%. If the plan includes any week for which the employer
11    regularly provides no work (due to a holiday or other plant
12    closing), then such week shall be identified in the
13    application.
14        6. Certification by the employer that, if the employer
15    provides health and retirement benefits to any employee
16    whose usual weekly hours of work are reduced under the
17    program, such benefits will continue to be provided to the
18    employee participating in the short-time compensation
19    program under the same terms and conditions as though the
20    usual weekly hours of work of such employee had not been
21    reduced or to the same extent as other employees not
22    participating in the short-time compensation program. For
23    defined benefit retirement plans, the hours that are
24    reduced under the short-time compensation plan shall be
25    credited for purposes of participation, vesting, and
26    accrual of benefits as though the usual weekly hours of



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1    work had not been reduced. The dollar amount of employer
2    contributions to a defined contribution plan that are based
3    on a percentage of compensation may be less due to the
4    reduction in the employee's compensation. Notwithstanding
5    any other provision to the contrary, a certification that a
6    reduction in health and retirement benefits is scheduled to
7    occur during the duration of the plan and will be
8    applicable equally to employees who are not participating
9    in the short-time compensation program and to those
10    employees who are participating satisfies this paragraph.
11        7. Certification by the employer that the aggregate
12    reduction in work hours is in lieu of layoffs (temporary or
13    permanent layoffs, or both). The application shall include
14    an estimate of the number of workers who would have been
15    laid off in the absence of the short-time compensation
16    plan.
17        8. Agreement by the employer to: furnish reports to the
18    Director relating to the proper conduct of the plan; allow
19    the Director or his or her authorized representatives
20    access to all records necessary to approve or disapprove
21    the plan application, and after approval of a plan, to
22    monitor and evaluate the plan; and follow any other
23    directives the Director deems necessary for the agency to
24    implement the plan and which are consistent with the
25    requirements for plan applications.
26        9. Certification by the employer that participation in



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1    the short-time compensation plan and its implementation is
2    consistent with the employer's obligations under
3    applicable Federal and Illinois laws.
4        10. The effective date and duration of the plan, which
5    shall expire no later than the end of the 12th full
6    calendar month after the effective date.
7        11. Any other provision added to the application by the
8    Director that the United States Secretary of Labor
9    determines to be appropriate for purposes of a short-time
10    compensation program.
11    D. The Director shall approve or disapprove a short-time
12compensation plan in writing within 45 days of its receipt and
13promptly communicate the decision to the employer. A decision
14disapproving the plan shall clearly identify the reasons for
15the disapproval. The disapproval shall be final, but the
16employer shall be allowed to submit another short-time
17compensation plan for approval not earlier than 30 days from
18the date of the disapproval.
19    E. The short-time compensation plan shall be effective on
20the mutually agreed upon date by the employer and the Director,
21which shall be specified in the notice of approval to the
22employer. The plan shall expire on the date specified in the
23notice of approval, which shall be mutually agreed on by the
24employer and Director but no later than the end of the 12th
25full calendar month after its effective date. However, if a
26short-time compensation plan is revoked by the Director, the



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1plan shall terminate on the date specified in the Director's
2written order of revocation. An employer may terminate a
3short-time compensation plan at any time upon written notice to
4the Director. Upon receipt of such notice from the employer,
5the Director shall promptly notify each member of the affected
6unit of the termination date. An employer may submit a new
7application to participate in another short-time compensation
8plan at any time after the expiration or termination date.
9    F. The Director may revoke approval of a short-time
10compensation plan for good cause at any time, including upon
11the request of any of the affected unit's employees or their
12collective bargaining representative. The revocation order
13shall be in writing and shall specify the reasons for the
14revocation and the date the revocation is effective. The
15Director may periodically review the operation of each
16employer's short-time compensation plan to assure that no good
17cause exists for revocation of the approval of the plan. Good
18cause shall include, but not be limited to, failure to comply
19with the assurances given in the plan, termination of the
20approval of the plan by a collective bargaining representative
21of employees in the affected unit, unreasonable revision of
22productivity standards for the affected unit, conduct or
23occurrences tending to defeat the intent and effective
24operation of the short-time compensation plan, and violation of
25any criteria on which approval of the plan was based.
26    G. An employer may request a modification of an approved



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1plan by filing a written request to the Director. The request
2shall identify the specific provisions proposed to be modified
3and provide an explanation of why the proposed modification is
4appropriate for the short-time compensation plan. The Director
5shall approve or disapprove the proposed modification in
6writing within 30 days of receipt and promptly communicate the
7decision to the employer. The Director, in his or her
8discretion, may approve a request for modification of the plan
9based on conditions that have changed since the plan was
10approved provided that the modification is consistent with and
11supports the purposes for which the plan was initially
12approved. A modification may not extend the expiration date of
13the original plan, and the Director must promptly notify the
14employer whether the plan modification has been approved and,
15if approved, the effective date of modification. An employer is
16not required to request approval of plan modification from the
17Director if the change is not substantial, but the employer
18must report every change to plan to the Director promptly and
19in writing. The Director may terminate an employer's plan if
20the employer fails to meet this reporting requirement. If the
21Director determines that the reported change is substantial,
22the Director shall require the employer to request a
23modification to the plan.
24    H. An individual is eligible to receive short-time
25compensation with respect to any week only if the individual is
26eligible for unemployment insurance pursuant to subsection E of



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1Section 500, not otherwise disqualified for unemployment
2insurance, and:
3        1. During the week, the individual is employed as a
4    member of an affected unit under an approved short-time
5    compensation plan, which was approved prior to that week,
6    and the plan is in effect with respect to the week for
7    which short-time compensation is claimed.
8        2. Notwithstanding any other provision of this Act
9    relating to availability for work and actively seeking
10    work, the individual is available for the individual's
11    usual hours of work with the short-time compensation
12    employer, which may include, for purposes of this Section,
13    participating in training to enhance job skills that is
14    approved by the Director, including but not limited to as
15    employer-sponsored training or training funded under the
16    federal Workforce Innovation and Opportunity Act Workforce
17    Investment Act of 1998.
18        3. Notwithstanding any other provision of law, an
19    individual covered by a short-time compensation plan is
20    deemed unemployed in any week during the duration of such
21    plan if the individual's remuneration as an employee in an
22    affected unit is reduced based on a reduction of the
23    individual's usual weekly hours of work under an approved
24    short-time compensation plan.
25    I. The short-time compensation weekly benefit amount shall
26be the product of the percentage of reduction in the



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1individual's usual weekly hours of work multiplied by the sum
2of the regular weekly benefit amount for a week of total
3unemployment plus any applicable dependent allowance pursuant
4to subsection C of Section 401.
5        1. An individual may be eligible for short-time
6    compensation or unemployment insurance, as appropriate,
7    except that no individual shall be eligible for combined
8    benefits (excluding any payments attributable to a
9    dependent allowance pursuant to subsection C of Section
10    401) in any benefit year in an amount more than the maximum
11    benefit amount, nor shall an individual be paid short-time
12    compensation benefits for more than 52 weeks under a
13    short-time compensation plan.
14        2. The short-time compensation paid to an individual
15    (excluding any payments attributable to a dependent
16    allowance pursuant to subsection C of Section 401) shall be
17    deducted from the maximum benefit amount established for
18    that individual's benefit year.
19        3. Provisions applicable to unemployment insurance
20    claimants shall apply to short-time compensation claimants
21    to the extent that they are not inconsistent with
22    short-time compensation provisions. An individual who
23    files an initial claim for short-time compensation
24    benefits shall receive a monetary determination.
25        4. The following provisions apply to individuals who
26    work for both a short-time compensation employer and



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1    another employer during weeks covered by the approved
2    short-time compensation plan:
3            i. If combined hours of work in a week for both
4        employers do not result in a reduction of at least 20%
5        of the usual weekly hours of work with the short-time
6        compensation employer, the individual shall not be
7        entitled to benefits under this Section.
8            ii. If combined hours of work for both employers
9        results in a reduction equal to or greater than 20% of
10        the usual weekly hours of work for the short-time
11        compensation employer, the short-time compensation
12        benefit amount payable to the individual is reduced for
13        that week and is determined by multiplying the
14        percentage by which the combined hours of work have
15        been reduced by the sum of the weekly benefit amount
16        for a week of total unemployment plus any applicable
17        dependent allowance pursuant to subsection C of
18        Section 401. A week for which benefits are paid under
19        this subparagraph shall be reported as a week of
20        short-time compensation.
21            iii. If an individual worked the reduced
22        percentage of the usual weekly hours of work for the
23        short-time compensation employer and is available for
24        all his or her usual hours of work with the short-time
25        compensation employer, and the individual did not work
26        any hours for the other employer either because of the



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1        lack of work with that employer or because the
2        individual is excused from work with the other
3        employer, the individual shall be eligible for
4        short-time compensation for that week. The benefit
5        amount for such week shall be calculated as provided in
6        the introductory clause of this subsection I.
7            iv. An individual who is not provided any work
8        during a week by the short-time compensation employer,
9        or any other employer, and who is otherwise eligible
10        for unemployment insurance shall be eligible for the
11        amount of regular unemployment insurance determined
12        without regard to this Section.
13            v. An individual who is not provided any work by
14        the short-time compensation employer during a week,
15        but who works for another employer and is otherwise
16        eligible may be paid unemployment insurance for that
17        week subject to the disqualifying income and other
18        provisions applicable to claims for regular
19        unemployment insurance.
20    J. Short-time compensation shall be charged to employers in
21the same manner as unemployment insurance is charged under
22Illinois law. Employers liable for payments in lieu of
23contributions shall have short-time compensation attributed to
24service in their employ in the same manner as unemployment
25insurance is attributed. Notwithstanding any other provision
26to the contrary, to the extent that short-term compensation



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1payments under this Section are reimbursed by the federal
2government, no benefit charges or payments in lieu of
3contributions shall be accrued by a participating employer.
4    K. A short-time compensation plan shall not be approved for
5an employer that is delinquent in the filing of any reports
6required or the payment of contributions, payments in lieu of
7contributions, interest, or penalties due under this Act
8through the date of the employer's application.
9    L. Overpayments of other benefits under this Act may be
10recovered from an individual receiving short-time compensation
11under this Act in the manner provided under Sections 900 and
12901. Overpayments under the short-time compensation plan may be
13recovered from an individual receiving other benefits under
14this Act in the manner provided under Sections 900 and 901.
15    M. An individual who has received all of the short-time
16compensation or combined unemployment insurance and short-time
17compensation available in a benefit year shall be considered an
18exhaustee for purposes of extended benefits, as provided under
19the provisions of Section 409, and, if otherwise eligible under
20those provisions, shall be eligible to receive extended
22(Source: P.A. 98-1133, eff. 12-23-14.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.