Full Text of SB3010 99th General Assembly
SB3010eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Sections 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 | 8 | | shall be held at
specified times and places which are | 9 | | convenient and open
to the public. No meeting
required by this | 10 | | Act to be public shall be held on a legal holiday unless
the | 11 | | regular meeting day falls on that holiday.
| 12 | | A quorum of members of a public body must be physically | 13 | | present at the location of an open meeting. If, however, an | 14 | | open meeting of a public body (i) with statewide jurisdiction, | 15 | | (ii) that is an Illinois library system with jurisdiction over | 16 | | a specific geographic area of more than 4,500 square miles, | 17 | | (iii) that is a municipal transit district with jurisdiction | 18 | | over a specific geographic area of more than 4,500 square | 19 | | miles, or (iv) that is a local workforce investment area with | 20 | | jurisdiction over a specific geographic area of more than 4,500 | 21 | | square miles is held simultaneously at one of its offices and | 22 | | one or more other locations in a public building, which may | 23 | | include other of its offices, through an interactive video |
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| 1 | | conference and the public body provides public notice and | 2 | | public access as required under this Act for all locations, | 3 | | then members physically present in those locations all count | 4 | | towards determining a quorum. "Public building", as used in | 5 | | this Section, means any building or portion thereof owned or | 6 | | leased by any public body. The requirement that a quorum be | 7 | | physically present at the location of an open meeting shall not | 8 | | apply, however, to State advisory boards or bodies that do not | 9 | | have authority to make binding recommendations or | 10 | | determinations or to take any other substantive action.
| 11 | | A quorum of members of a public body that is not (i) a | 12 | | public body with statewide jurisdiction, (ii) an Illinois | 13 | | library system with jurisdiction over a specific geographic | 14 | | area of more than 4,500 square miles, (iii) a municipal transit | 15 | | district with jurisdiction over a specific geographic area of | 16 | | more than 4,500 square miles, or (iv) a local workforce | 17 | | investment area with jurisdiction over a specific geographic | 18 | | area of more than 4,500 square miles must be physically present | 19 | | at the location of a closed meeting. Other members who are not | 20 | | physically present at a closed meeting of such a public body | 21 | | may participate in the meeting by means of a video or audio | 22 | | conference.
For the purposes of this Section, "local workforce | 23 | | investment area" means any local workforce investment area or | 24 | | areas designated by the Governor pursuant to the federal | 25 | | Workforce
Innovation and Opportunity Act Workforce Investment | 26 | | Act of 1998 or its reauthorizing legislation. |
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| 1 | | (Source: P.A. 98-992, eff. 8-18-14.)
| 2 | | (5 ILCS 120/7)
| 3 | | Sec. 7. Attendance by a means other than physical presence. | 4 | | (a) If a
quorum of the members of the public body is | 5 | | physically present as required by Section 2.01, a majority of | 6 | | the public body may allow a member of that body to attend the | 7 | | meeting by other means if the member is prevented from | 8 | | physically
attending because of: (i) personal illness or | 9 | | disability; (ii) employment purposes or
the
business of the | 10 | | public body; or (iii) a family or other emergency.
"Other | 11 | | means" is by video or audio conference.
| 12 | | (b) If a member wishes to attend a meeting by other means, | 13 | | the
member must notify the
recording secretary or clerk of the
| 14 | | public body before the meeting unless
advance notice is | 15 | | impractical.
| 16 | | (c) A majority of the public body may allow a member to | 17 | | attend a meeting by other means only in accordance with and to | 18 | | the extent allowed by rules adopted by the public body. The | 19 | | rules must conform to the requirements and restrictions of this | 20 | | Section, may further limit the extent to which attendance by | 21 | | other means is allowed, and may provide for the giving of | 22 | | additional notice to the public or further facilitate public | 23 | | access to meetings.
| 24 | | (d) The limitations of this Section shall not apply to (i) | 25 | | closed meetings of (A) public bodies with statewide |
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| 1 | | jurisdiction, (B) Illinois library systems with jurisdiction | 2 | | over a specific geographic area of more than 4,500 square | 3 | | miles, (C) municipal transit districts with jurisdiction over a | 4 | | specific geographic area of more than 4,500 square miles, or | 5 | | (D) local workforce investment areas with jurisdiction over a | 6 | | specific geographic area of more than 4,500 square miles or | 7 | | (ii) open or closed meetings of State advisory boards or bodies | 8 | | that do not have authority to make binding recommendations or | 9 | | determinations or to take any other substantive action. State | 10 | | advisory boards or bodies, public bodies with statewide | 11 | | jurisdiction, Illinois library systems with jurisdiction over | 12 | | a specific geographic area of more than 4,500 square miles, | 13 | | municipal transit districts with jurisdiction over a specific | 14 | | geographic area of more than 4,500 square miles, and local | 15 | | workforce investment areas with jurisdiction over a specific | 16 | | geographic area of more than 4,500 square miles, however, may | 17 | | permit members to attend meetings by other means only in | 18 | | accordance with and to the extent allowed by specific | 19 | | procedural rules adopted by the body.
For the purposes of this | 20 | | Section, "local workforce investment area" means any local | 21 | | workforce investment area or areas designated by the Governor | 22 | | pursuant to the federal Workforce
Innovation and Opportunity | 23 | | Act Workforce Investment Act of 1998 or its reauthorizing | 24 | | legislation.
| 25 | | (Source: P.A. 98-992, eff. 8-18-14.) |
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| 1 | | Section 10. The Civil Administrative Code of Illinois is | 2 | | amended 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 | 5 | | Rehabilitation
Council, hereinafter referred to as the | 6 | | Council, is hereby established for
the purpose of complying | 7 | | with the requirements of 34 CFR 361.16 and advising the | 8 | | Secretary of Human Services and the vocational rehabilitation
| 9 | | administrator of the provisions of the federal Rehabilitation | 10 | | Act of 1973 and
the Americans with Disabilities Act of 1990 in | 11 | | matters concerning individuals
with disabilities and the | 12 | | provision of vocational rehabilitation services. The Council
| 13 | | shall consist of members appointed by the Governor after | 14 | | soliciting
recommendations from organizations representing a | 15 | | broad
range of individuals with disabilities and organizations | 16 | | interested in
individuals with disabilities. However, the | 17 | | Governor may delegate his appointing authority under this | 18 | | Section to the Council by executive order. | 19 | | The Council shall consist of the following appointed | 20 | | members:
| 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 | 25 | | Program.
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| 1 | | (3) One vocational rehabilitation counselor who has | 2 | | knowledge of and
experience with vocational rehabilitation | 3 | | programs.
If an employee of the Department of Human | 4 | | Services is appointed under this item, then he or she shall | 5 | | serve
as an ex officio, nonvoting member.
| 6 | | (4) One representative of community rehabilitation | 7 | | program service
providers.
| 8 | | (5) Four representatives of business, industry, and | 9 | | labor.
| 10 | | (6) At least two but not more than five representatives | 11 | | of disability advocacy groups representing a
cross section | 12 | | of the following:
| 13 | | (A) individuals with physical, cognitive, sensory, | 14 | | and mental
disabilities; and
| 15 | | (B) parents, family members, guardians, advocates, | 16 | | or authorized
representative of individuals with | 17 | | disabilities who have difficulty in
representing | 18 | | themselves or who are unable, due to their | 19 | | disabilities, to
represent themselves.
| 20 | | (7) One current or former applicant for, or recipient | 21 | | of, vocational
rehabilitation services.
| 22 | | (8) One representative from secondary or higher | 23 | | education.
| 24 | | (9) One representative of the State Workforce | 25 | | Innovation Investment Board.
| 26 | | (10) One representative of the Illinois State Board of |
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| 1 | | Education who is
knowledgeable about the Individuals with | 2 | | Disabilities Education Act.
| 3 | | (11) The chairperson of, or a member designated by, the | 4 | | Statewide Independent Living Council established under | 5 | | Section 12a of the Rehabilitation of Persons with | 6 | | Disabilities Act. | 7 | | (12) The chairperson of, or a member designated by, the | 8 | | Blind Services Planning Council established under Section | 9 | | 7 of the Bureau for the Blind Act. | 10 | | (13) The vocational rehabilitation administrator, as | 11 | | defined in Section 1b of the Rehabilitation of Persons with | 12 | | Disabilities Act, who shall serve as an ex officio, | 13 | | nonvoting member.
| 14 | | The Council shall select a Chairperson.
| 15 | | The Chairperson and a majority of the
members of the | 16 | | Council shall be persons who are individuals with disabilities. | 17 | | At least one
member shall be a senior citizen age 60 or over, | 18 | | and at least one member shall be at least 18 but not more than | 19 | | 25 years old. A majority of the
Council members shall not be | 20 | | employees of the Department of Human Services.
| 21 | | Members appointed to the Council for full terms on or after | 22 | | the effective date of this amendatory Act of the 98th General | 23 | | Assembly shall be appointed for terms of 3 years. No Council | 24 | | member, other than the vocational rehabilitation administrator | 25 | | and the representative of the Client Assistance Program, shall | 26 | | serve for more than 2 consecutive terms as a representative of |
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| 1 | | one of the 13 enumerated categories. If an individual, other | 2 | | than the vocational rehabilitation administrator and the | 3 | | representative of the Client Assistance Program, has completed | 4 | | 2 consecutive terms and is eligible to seek appointment as a | 5 | | representative of one of the other enumerated categories, then | 6 | | that individual may be appointed to serve as a representative | 7 | | of one of those other enumerated categories after a meaningful | 8 | | break in Council service, as defined by the Council through its | 9 | | by-laws. | 10 | | Vacancies for unexpired terms shall be filled. Individuals | 11 | | appointed by the appointing authority to fill an unexpired term | 12 | | shall complete the remainder of the vacated term. When the | 13 | | initial term of a person appointed to fill a vacancy is | 14 | | completed, the individual appointed to fill that vacancy may be | 15 | | re-appointed by the appointing authority to the vacated | 16 | | position for one subsequent term. | 17 | | If an excessive number of expired terms and vacated terms | 18 | | combine to place an undue burden on the Council, the appointing | 19 | | authority may appoint members for terms of 1, 2, or 3 years. | 20 | | The appointing authority shall determine the terms of Council | 21 | | members to ensure the number of terms expiring each year is as | 22 | | close to equal as possible. | 23 | | Notwithstanding the foregoing, a member who is serving on | 24 | | the Council on the effective date of this amendatory Act of the | 25 | | 98th General Assembly and whose term expires as a result of the | 26 | | changes made by this amendatory Act of the 98th General |
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| 1 | | Assembly may complete the unexpired portion of his or her term. | 2 | | Members shall be reimbursed in accordance with State laws, | 3 | | rules, and rates
for expenses incurred in the performance of | 4 | | their approved, Council-related duties,
including expenses for | 5 | | travel, child care, or personal assistance services. A
member | 6 | | who is not employed or who must forfeit wages from other | 7 | | employment may
be paid reasonable compensation, as determined | 8 | | by the Department, for each day the member is engaged in
| 9 | | performing approved duties of the Council.
| 10 | | The Council
shall meet at least 4 times per year at times | 11 | | and places designated by the Chairperson
upon 10 days written | 12 | | notice to the members. Special meetings may
be called by the | 13 | | Chairperson or 7 members of the
Council upon 7 days written
| 14 | | notice to the other members. Nine members shall constitute a
| 15 | | quorum.
No member of the Council shall cast a vote on any | 16 | | matter that would provide
direct financial benefit to the | 17 | | member or otherwise give the appearance of a
conflict of | 18 | | interest under Illinois law.
| 19 | | The
Council shall prepare and submit to the
vocational | 20 | | rehabilitation
administrator
the reports and findings
that the | 21 | | vocational rehabilitation administrator may request or
that | 22 | | the Council deems fit.
The Council shall select jointly with | 23 | | the
vocational rehabilitation
administrator
a pool of
| 24 | | qualified persons to serve as impartial hearing officers.
The | 25 | | Council shall, with the vocational rehabilitation unit in the | 26 | | Department,
jointly develop, agree to, and review annually |
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| 1 | | State goals and priorities and
jointly submit annual reports of | 2 | | progress to the federal Commissioner of
the
Rehabilitation | 3 | | Services Administration.
| 4 | | To the extent that there is a disagreement between the | 5 | | Council and the unit
within the
Department of Human Services | 6 | | responsible for the administration of the
vocational | 7 | | rehabilitation program, regarding the resources
necessary to | 8 | | carry out the functions of the Council as set forth in this
| 9 | | Section, the
disagreement shall be resolved by the Governor.
| 10 | | (Source: P.A. 98-76, eff. 7-15-13; 99-143, eff. 7-27-15.)
| 11 | | Section 15. The Department of Commerce and Economic | 12 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 13 | | amended by changing Section 605-750 as follows: | 14 | | (20 ILCS 605/605-750) | 15 | | Sec. 605-750. Posting requirements; Illinois Workforce | 16 | | Innovation Investment Board. The Department must comply with | 17 | | the Internet posting requirements set forth in Section 7.2 of | 18 | | the Illinois Workforce Innovation Investment Board Act. The | 19 | | information must be posted on the Department's Internet website | 20 | | no later than 30 days
after the Department receives the | 21 | | information from the
Illinois Workforce Innovation Investment | 22 | | Board.
| 23 | | (Source: P.A. 97-356, eff. 1-1-12.) |
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| 1 | | Section 20. The Illinois Emergency Employment Development | 2 | | Act 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 | 5 | | have the
meanings ascribed to them in this Section.
| 6 | | (a) "Advisory Committee" means the 21st Century Workforce | 7 | | Development Fund Advisory Committee, established under the | 8 | | 21st Century Workforce Development Fund Act. | 9 | | (b) "Coordinator" means the Illinois Emergency Employment
| 10 | | Development Coordinator appointed under Section 3.
| 11 | | (c) "Department" means the Illinois Department of Commerce | 12 | | and Economic Opportunity. | 13 | | (d) "Director" means the Director of Commerce and Economic | 14 | | Opportunity. | 15 | | (e) "Eligible business" means a for-profit business.
| 16 | | (f) "Eligible employer" means an eligible nonprofit | 17 | | agency, or
an eligible business.
| 18 | | (g) "Eligible job applicant" means a person who (1) has | 19 | | been a resident
of this State for at least one year; and (2) is | 20 | | unemployed;
and (3) is not
receiving and is not qualified to | 21 | | receive unemployment compensation or
workers' compensation; | 22 | | and (4) is determined by the employment
administrator to be | 23 | | likely to be available for employment by an eligible
employer | 24 | | for the duration of the job.
| 25 | | (h) "Eligible nonprofit agency" means an organization |
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| 1 | | exempt from
taxation under the Internal Revenue Code of 1954, | 2 | | Section 501(c)(3).
| 3 | | (i) "Employment administrator" means the administrative | 4 | | entity designated by the Coordinator, and approved by the | 5 | | Advisory Committee, to administer the provisions of this Act in | 6 | | each service delivery area. With approval of the Advisory | 7 | | Committee, the Coordinator may designate an administrative | 8 | | entity authorized under the Workforce
Innovation and | 9 | | Opportunity Act Workforce Investment Act or private, public, or | 10 | | non-profit entities that have proven effectiveness in | 11 | | providing training, workforce development, and job placement | 12 | | services to low-income individuals.
| 13 | | (j) "Fringe benefits" means all non-salary costs for each | 14 | | person employed under the program, including, but not limited | 15 | | to, workers compensation, unemployment insurance, and health | 16 | | benefits, as would be provided to non-subsidized employees | 17 | | performing similar work. | 18 | | (k) "Household" means a group of persons living at the same | 19 | | residence
consisting of, at a maximum, spouses and the minor | 20 | | children of each.
| 21 | | (l) "Program" means the Illinois Emergency Employment | 22 | | Development
Program created by this Act consisting of new job | 23 | | creation in the private sector.
| 24 | | (m) "Service delivery area" means an area designated as a | 25 | | Local Workforce Investment Area by the State. | 26 | | (n) "Workforce
Innovation and Opportunity Act" "Workforce |
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| 1 | | Investment Act" means the federal Workforce
Innovation and | 2 | | Opportunity Act Workforce Investment Act of 1998 , any | 3 | | amendments to that Act, and any other applicable federal | 4 | | statutes. | 5 | | (Source: P.A. 97-581, eff. 8-26-11.)
| 6 | | Section 25. The Department of Employment Security Law of | 7 | | the
Civil Administrative Code of Illinois is amended by | 8 | | changing Section 1005-155 as follows: | 9 | | (20 ILCS 1005/1005-155)
| 10 | | Sec. 1005-155. Illinois Employment and Training Centers | 11 | | report. The
Department
of Employment Security, or the State | 12 | | agency responsible for the oversight of
the
federal Workforce
| 13 | | Innovation and Opportunity Act Workforce Investment Act of 1998 | 14 | | if that agency is not the Department
of
Employment Security, | 15 | | shall prepare a report for the Governor and the
General | 16 | | Assembly regarding the progress of the Illinois Employment and
| 17 | | Training Centers in serving individuals with disabilities. The | 18 | | report must
include,
but is not limited to, the following: (i) | 19 | | the number of individuals referred to
the
Illinois Employment | 20 | | and Training Centers by the Department of Human Services
Office | 21 | | of Rehabilitation Services; (ii) the total number of | 22 | | individuals with disabilities
served by the Illinois | 23 | | Employment and Training Centers; (iii) the number of
| 24 | | individuals with disabilities served in federal Workforce
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| 1 | | Innovation and Opportunity Act Workforce Investment Act of 1998
| 2 | | employment and training
programs; (iv) the number of | 3 | | individuals with disabilities annually placed in
jobs
by the | 4 | | Illinois Employment and Training Centers; and (v) the number of
| 5 | | individuals with disabilities referred by the Illinois | 6 | | Employment and Training
Centers to the Department of Human | 7 | | Services Office of Rehabilitation Services.
The report is due
| 8 | | by December 31, 2004 based on the previous State program year
| 9 | | of July 1
through June 30,
and is due annually thereafter. | 10 | | "Individuals with disabilities" are defined as
those who
| 11 | | self-report as being qualified as disabled under the 1973 | 12 | | Rehabilitation Act or
the
1990 Americans
with Disabilities Act, | 13 | | for 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 | 16 | | amended 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 | 20 | | applications and issue
grants for operation of projects under | 21 | | this Act.
| 22 | | (b) Project. Subject to appropriation, no more than 3 small
| 23 | | projects may be selected to pilot a subsidized employment to | 24 | | Temporary
Assistance for Needy Families (TANF) program for |
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| 1 | | participants for a period of
not more than 6 months. The | 2 | | selected projects shall demonstrate their ability
to move | 3 | | clients from
participation in the project to unsubsidized | 4 | | employment. The Department may
refer TANF participants to other | 5 | | subsidized employment programs available
through the federal | 6 | | Workforce
Innovation and Opportunity Act Workforce Investment | 7 | | Act (WIA) One Stops or through other
community-based programs.
| 8 | | (c) Political affiliation prohibited. No manager or other | 9 | | officer
or employee of the job project assisted
under this Act | 10 | | may apply a political affiliation test in selecting eligible
| 11 | | participation 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
| 18 | | participant employed
in a job project assisted under this Act | 19 | | may 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 | 23 | | Disabilities 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 | 2 | | powers and
duties enumerated
herein:
| 3 | | (a) To co-operate with the federal government in the | 4 | | administration
of the provisions of the federal Rehabilitation | 5 | | Act of 1973, as amended,
of the Workforce
Innovation and | 6 | | Opportunity Act Workforce Investment Act of 1998 ,
and of the | 7 | | federal Social Security Act to the extent and in the manner
| 8 | | provided in these Acts.
| 9 | | (b) To prescribe and supervise such courses of vocational | 10 | | training
and provide such other services as may be necessary | 11 | | for the habilitation
and rehabilitation of persons with one or | 12 | | more disabilities, including the
administrative activities | 13 | | under subsection (e) of this Section, and to
co-operate with | 14 | | State and local school authorities and other recognized
| 15 | | agencies engaged in habilitation, rehabilitation and | 16 | | comprehensive
rehabilitation services; and to cooperate with | 17 | | the Department of Children
and Family Services regarding the | 18 | | care and education of children with one
or more disabilities.
| 19 | | (c) (Blank).
| 20 | | (d) To report in writing, to the Governor, annually on or | 21 | | before the
first day of December, and at such other times and | 22 | | in such manner and
upon such subjects as the Governor may | 23 | | require. The annual report shall
contain (1) a statement of the | 24 | | existing condition of comprehensive
rehabilitation services, | 25 | | habilitation and rehabilitation in the State;
(2) a statement | 26 | | of suggestions and recommendations with reference to the
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| 1 | | development of comprehensive rehabilitation services, | 2 | | habilitation and
rehabilitation in the State; and (3) an | 3 | | itemized statement of the
amounts of money received from | 4 | | federal, State and other sources, and of
the objects and | 5 | | purposes to which the respective items of these several
amounts | 6 | | have been devoted.
| 7 | | (e) (Blank).
| 8 | | (f) To establish a program of services to prevent the | 9 | | unnecessary
institutionalization of persons in need of long | 10 | | term care and who meet the criteria for blindness or disability | 11 | | as defined by the Social Security Act, thereby enabling them to
| 12 | | remain in their own homes. Such preventive
services include any | 13 | | or 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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| 1 | | such services taking into consideration the unique
economic and | 2 | | social needs of the population for whom they are to
be | 3 | | provided. Such eligibility standards may be based on the | 4 | | recipient's
ability to pay for services; provided, however, | 5 | | that any portion of a
person's income that is equal to or less | 6 | | than the "protected income" level
shall not be considered by | 7 | | the Department in determining eligibility. The
"protected | 8 | | income" level shall be determined by the Department, shall | 9 | | never be
less than the federal poverty standard, and shall be | 10 | | adjusted each year to
reflect changes in the Consumer Price | 11 | | Index For All Urban Consumers as
determined by the United | 12 | | States Department of Labor. The standards must
provide that a | 13 | | person may not have more than $10,000 in assets to be eligible | 14 | | for the services, and the Department may increase or decrease | 15 | | the asset limitation by rule. The Department may not decrease | 16 | | the asset level below $10,000.
| 17 | | The services shall be provided, as established by the
| 18 | | Department by rule, to eligible persons
to prevent unnecessary | 19 | | or premature institutionalization, to
the extent that the cost | 20 | | of the services, together with the
other personal maintenance | 21 | | expenses of the persons, are reasonably
related to the | 22 | | standards established for care in a group facility
appropriate | 23 | | to their condition. These non-institutional
services, pilot | 24 | | projects or experimental facilities may be provided as part of
| 25 | | or in addition to those authorized by federal law or those | 26 | | funded and
administered by the Illinois Department on Aging. |
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| 1 | | The Department shall set rates and fees for services in a fair | 2 | | and equitable manner. Services identical to those offered by | 3 | | the Department on Aging shall be paid at the same rate.
| 4 | | Personal assistants shall be paid at a rate negotiated
| 5 | | between the State and an exclusive representative of personal
| 6 | | assistants under a collective bargaining agreement. In no case
| 7 | | shall the Department pay personal assistants an hourly wage
| 8 | | that is less than the federal minimum wage.
| 9 | | Solely for the purposes of coverage under the Illinois | 10 | | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants | 11 | | providing
services under
the Department's Home Services | 12 | | Program shall be considered to be public
employees
and the | 13 | | State of Illinois shall be considered to be their employer as | 14 | | of the
effective date of
this amendatory Act of the 93rd | 15 | | General Assembly, but not before. Solely for the purposes of | 16 | | coverage under the Illinois Public Labor Relations Act, home | 17 | | care and home health workers who function as personal | 18 | | assistants and individual maintenance home health workers and | 19 | | who also provide services under the Department's Home Services | 20 | | Program shall be considered to be public employees, no matter | 21 | | whether the State provides such services through direct | 22 | | fee-for-service arrangements, with the assistance of a managed | 23 | | care organization or other intermediary, or otherwise, and the | 24 | | State of Illinois shall be considered to be the employer of | 25 | | those persons as of January 29, 2013 (the effective date of | 26 | | Public Act 97-1158), but not before except as otherwise |
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| 1 | | provided under this subsection (f). The State
shall
engage in | 2 | | collective bargaining with an exclusive representative of home | 3 | | care and home health workers who function as personal | 4 | | assistants and individual maintenance home health workers | 5 | | working under the Home Services Program
concerning
their terms | 6 | | and conditions of employment that are within the State's | 7 | | control.
Nothing in
this paragraph shall be understood to limit | 8 | | the right of the persons receiving
services
defined in this | 9 | | Section to hire and fire
home care and home health workers who | 10 | | function as personal assistants
and individual maintenance | 11 | | home health workers working under the Home Services Program or | 12 | | to supervise them within the limitations set by the Home | 13 | | Services Program. The
State
shall not be considered to be the | 14 | | employer of
home care and home health workers who function as | 15 | | personal
assistants and individual maintenance home health | 16 | | workers working under the Home Services Program for any | 17 | | purposes not specifically provided in Public Act 93-204 or | 18 | | Public Act 97-1158, including but not limited to, purposes of | 19 | | vicarious liability
in tort and
purposes of statutory | 20 | | retirement or health insurance benefits. Home care and home | 21 | | health workers who function as personal assistants and | 22 | | individual maintenance home health workers and who also provide | 23 | | services under the Department's Home Services Program shall not | 24 | | be 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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| 1 | | prescreening, as authorized by Section 4.03 of the Illinois Act | 2 | | on the Aging,
written inter-agency agreements with the | 3 | | Department on Aging and
the Department of Healthcare and Family | 4 | | Services, to effect the intake procedures
and eligibility | 5 | | criteria for those persons who may need long term care. On and | 6 | | after July 1, 1996, all nursing
home prescreenings for | 7 | | individuals 18 through 59 years of age shall be
conducted by | 8 | | the Department, or a designee of the
Department.
| 9 | | The Department is authorized to establish a system of | 10 | | recipient cost-sharing
for services provided under this | 11 | | Section. The cost-sharing shall be based upon
the recipient's | 12 | | ability to pay for services, but in no case shall the
| 13 | | recipient's share exceed the actual cost of the services | 14 | | provided. Protected
income shall not be considered by the | 15 | | Department in its determination of the
recipient's ability to | 16 | | pay a share of the cost of services. The level of
cost-sharing | 17 | | shall be adjusted each year to reflect changes in the | 18 | | "protected
income" level. The Department shall deduct from the | 19 | | recipient's share of the
cost of services any money expended by | 20 | | the recipient for disability-related
expenses.
| 21 | | To the extent permitted under the federal Social Security | 22 | | Act, the Department, or the Department's authorized | 23 | | representative, may recover
the amount of moneys expended for | 24 | | services provided to or in behalf of a person
under this | 25 | | Section by a claim against the person's estate or against the | 26 | | estate
of the person's surviving spouse, but no recovery may be |
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| 1 | | had until after the
death of the surviving spouse, if any, and | 2 | | then only at such time when there is
no surviving child who is | 3 | | under age 21 or blind or who has a permanent and total | 4 | | disability. This paragraph, however, shall not bar recovery, at | 5 | | the death of the
person, of moneys for services provided to the | 6 | | person or in behalf of the
person under this Section to which | 7 | | the person was not entitled; provided that
such recovery shall | 8 | | not be enforced against any real estate while
it is occupied as | 9 | | a homestead by the surviving spouse or other dependent, if no
| 10 | | claims by other creditors have been filed against the estate, | 11 | | or, if such
claims have been filed, they remain dormant for | 12 | | failure of prosecution or
failure of the claimant to compel | 13 | | administration of the estate for the purpose
of payment. This | 14 | | paragraph shall not bar recovery from the estate of a spouse,
| 15 | | under Sections 1915 and 1924 of the Social Security Act and | 16 | | Section 5-4 of the
Illinois Public Aid Code, who precedes a | 17 | | person receiving services under this
Section in death. All | 18 | | moneys for services
paid to or in behalf of the person under | 19 | | this Section shall be claimed for
recovery from the deceased | 20 | | spouse's estate. "Homestead", as used in this
paragraph, means | 21 | | the dwelling house and
contiguous real estate occupied by a | 22 | | surviving spouse or relative, as defined
by the rules and | 23 | | regulations of the Department of Healthcare and Family | 24 | | Services,
regardless of the value of the property.
| 25 | | The Department shall submit an annual report on programs | 26 | | and
services provided under this Section. The report shall be |
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| 1 | | filed
with the Governor and the General Assembly on or before | 2 | | March
30
each year.
| 3 | | The requirement for reporting to the General Assembly shall | 4 | | be satisfied
by filing copies of the report with the Speaker, | 5 | | the Minority Leader and
the Clerk of the House of | 6 | | Representatives and the President, the Minority
Leader and the | 7 | | Secretary of the Senate and the Legislative Research Unit,
as | 8 | | required by Section 3.1 of the General Assembly Organization | 9 | | Act, and filing
additional copies with the State
Government | 10 | | Report Distribution Center for the General Assembly as
required | 11 | | under paragraph (t) of Section 7 of the State Library Act.
| 12 | | (g) To establish such subdivisions of the Department
as | 13 | | shall be desirable and assign to the various subdivisions the
| 14 | | responsibilities and duties placed upon the Department by law.
| 15 | | (h) To cooperate and enter into any necessary agreements | 16 | | with the
Department of Employment Security for the provision of | 17 | | job placement and
job referral services to clients of the | 18 | | Department, including job
service registration of such clients | 19 | | with Illinois Employment Security
offices and making job | 20 | | listings maintained by the Department of Employment
Security | 21 | | available to such clients.
| 22 | | (i) To possess all powers reasonable and necessary for
the | 23 | | exercise and administration of the powers, duties and
| 24 | | responsibilities of the Department which are provided for by | 25 | | law.
| 26 | | (j) (Blank).
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| 1 | | (k) (Blank).
| 2 | | (l) To establish, operate and maintain a Statewide Housing | 3 | | Clearinghouse
of information on available, government | 4 | | subsidized housing accessible to
persons with disabilities and | 5 | | available privately owned housing accessible to
persons with | 6 | | disabilities. The information shall include but not be limited | 7 | | to the
location, rental requirements, access features and | 8 | | proximity to public
transportation of available housing. The | 9 | | Clearinghouse shall consist
of at least a computerized database | 10 | | for the storage and retrieval of
information and a separate or | 11 | | shared toll free telephone number for use by
those seeking | 12 | | information from the Clearinghouse. Department offices and
| 13 | | personnel throughout the State shall also assist in the | 14 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 15 | | with local, State and federal
housing managers shall be sought | 16 | | and extended in order to frequently and
promptly update the | 17 | | Clearinghouse's information.
| 18 | | (m) To assure that the names and case records of persons | 19 | | who received or
are
receiving services from the Department, | 20 | | including persons receiving vocational
rehabilitation, home | 21 | | services, or other services, and those attending one of
the | 22 | | Department's schools or other supervised facility shall be | 23 | | confidential and
not be open to the general public. Those case | 24 | | records and reports or the
information contained in those | 25 | | records and reports shall be disclosed by the
Director only to | 26 | | proper law enforcement officials, individuals authorized by a
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| 1 | | court, the General Assembly or any committee or commission of | 2 | | the General
Assembly, and other persons and for reasons as the | 3 | | Director designates by rule.
Disclosure by the Director may be | 4 | | only 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 | 7 | | amended by changing Sections 1, 2.5, 3, 4.5, 5, 6, 7, 7.2, 7.5, | 8 | | and 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 | 11 | | Workforce 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 | 16 | | of the 92nd
General Assembly, the Illinois Human Resource | 17 | | Investment Council shall be known
as the Illinois Workforce | 18 | | Investment Board. Beginning on the effective date of this | 19 | | amendatory Act of the 99th
General Assembly, the Illinois | 20 | | Workforce Investment Board shall be known
as the Illinois | 21 | | Workforce Innovation Board. The Illinois Workforce
Innovation | 22 | | Investment Board is
the State advisory board pertaining to | 23 | | workforce preparation policy. The
Board shall ensure that |
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| 1 | | Illinois' workforce preparation
services and programs
are | 2 | | coordinated and integrated and shall measure and evaluate the | 3 | | overall
performance and results of these programs. The Board | 4 | | shall
further
cooperation between government and the private | 5 | | sector to meet the workforce
preparation
needs of employers and | 6 | | workers in Illinois. The Board shall
provide ongoing
oversight | 7 | | of programs and needed information about the functioning of | 8 | | labor
markets in Illinois.
| 9 | | (b) The Board shall help Illinois create and
maintain a | 10 | | workforce with the skills and abilities that will keep the | 11 | | economy
productive.
| 12 | | (c) The Board shall meet the requirements of the federal
| 13 | | Workforce
Innovation and Opportunity Act Workforce Investment | 14 | | Act 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 | 19 | | shall 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 99th 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 99th 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. |
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| 1 | | (b) (Blank). Members of the Board that represent | 2 | | organizations, agencies, or other
entities must be
individuals | 3 | | with optimum policymaking authority within the organization,
| 4 | | agency, or
entity. The members of the Board must represent | 5 | | diverse regions of the State,
including
urban, rural, and | 6 | | suburban areas.
| 7 | | (c) (Blank). A majority of the members of the Board must be | 8 | | representatives
described in subparagraph (A) of paragraph (3) | 9 | | of subsection (a). There must
be
at least 2 members from each | 10 | | of the categories described in subparagraphs (D)
and (E) of | 11 | | paragraph
(3) of subsection (a). There must be at least 3 | 12 | | members from the category
described in
subparagraph (C) of | 13 | | paragraph (3) of subsection (a). A majority of any
committee | 14 | | the Board
may establish for the purpose of general oversight, | 15 | | control, supervision, or
management of the Board's business | 16 | | must be representatives described in
subparagraph (A) of | 17 | | paragraph (3) of subsection (a); any such committee must
also | 18 | | include at least one representative from each of the categories | 19 | | described
in subparagraphs (C) through (E) of paragraph (3) of | 20 | | subsection (a) and may
include one or more representatives from | 21 | | any other categories described in
paragraph (3) of subsection | 22 | | (a).
| 23 | | (d) The Governor shall select a chairperson as provided in | 24 | | the federal Workforce
Innovation and Opportunity Act for the | 25 | | Board from among the
representatives
described in subparagraph | 26 | | (A) of paragraph (3) of subsection (a) .
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| 1 | | (d-5) (Blank).
| 2 | | (e) Except as otherwise provided in this subsection, this | 3 | | amendatory Act
of the
92nd General
Assembly does not affect the | 4 | | tenure of any member appointed to and serving on
the
Illinois | 5 | | Human Resource Investment Council on the effective date of this
| 6 | | amendatory Act
of the 92nd General Assembly. Members of the | 7 | | Board nominated for appointment in
2000, 2001, or 2002 shall | 8 | | serve for fixed and staggered terms, as designated
by the | 9 | | Governor, expiring
no later than July 1 of the second calendar | 10 | | year succeeding their respective
appointments
or until their | 11 | | successors are appointed and qualified. Members of the
Board | 12 | | nominated for appointment after 2002
shall
serve for terms | 13 | | expiring on July 1 of the second
calendar year succeeding their | 14 | | respective appointments, or until their
successors are | 15 | | appointed and qualified.
A State official or employee serving | 16 | | on the Board under subparagraph (F) of
paragraph
(3) of | 17 | | subsection (a) by virtue of his or her State office or | 18 | | employment shall
serve
during the
term of that office or | 19 | | employment. A vacancy is created in situations
including, but | 20 | | not
limited to, those in which an individual serving on the | 21 | | Board ceases to satisfy
all of the
requirements for appointment | 22 | | under the provision under which he or she was
appointed.
The | 23 | | Governor may at any time make
appointments to fill vacancies | 24 | | for the balance of an unexpired term.
Vacancies shall be filled | 25 | | in the same manner as the original appointment.
Members shall | 26 | | serve without compensation, but shall be reimbursed for
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| 1 | | necessary expenses incurred in the performance of their duties.
| 2 | | (f) The Board shall meet at least 4 times per
calendar
year | 3 | | at
times and in places that it deems necessary. The
Board shall | 4 | | be
subject to the Open Meetings Act and, to the extent required | 5 | | by that
law,
its meetings shall be publicly announced and open | 6 | | and accessible to the
general public. The Board shall adopt any | 7 | | rules
and operating
procedures that it deems necessary to carry | 8 | | out its responsibilities
under
this Act and under the federal | 9 | | Workforce
Innovation and Opportunity Act Workforce Investment | 10 | | Act of 1998 .
| 11 | | (Source: P.A. 92-588, eff. 7-1-02.)
| 12 | | (20 ILCS 3975/4.5)
| 13 | | Sec. 4.5. Duties.
| 14 | | (a) The Board must perform all the functions of a state | 15 | | workforce
investment
board under
the federal Workforce
| 16 | | Innovation and Opportunity Act Workforce Investment Act of | 17 | | 1998 , any amendments to that Act, and
any
other applicable | 18 | | federal statutes. The Board must also perform all other
| 19 | | functions that are
not inconsistent with the federal Workforce
| 20 | | Innovation and Opportunity Act Workforce Investment Act of 1998 | 21 | | or this Act
and that
are assumed by the Board under its bylaws | 22 | | or assigned to it by the Governor.
| 23 | | (b) The Board must cooperate with the General Assembly and | 24 | | make
recommendations
to the
Governor and the General Assembly | 25 | | concerning legislation necessary to improve
upon
statewide and |
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| 1 | | local workforce investment systems in order to increase
| 2 | | occupational skill
attainment, employment, retention, or | 3 | | earnings of participants and thereby
improve the
quality of the | 4 | | workforce, reduce welfare dependency, and enhance the
| 5 | | productivity and
competitiveness of the State. The Board must | 6 | | annually submit a report to the
General
Assembly on the | 7 | | progress of the State in achieving state performance measures
| 8 | | under the
federal Workforce
Innovation and Opportunity Act | 9 | | Workforce Investment Act of 1998 , including information on the | 10 | | levels
of performance achieved by the State with respect to the | 11 | | core indicators of
performance and the customer satisfaction | 12 | | indicator
under that Act. The report must include any other
| 13 | | items that
the Governor may be required to report to the | 14 | | Secretary of the United States
Department
of Labor under | 15 | | Section 136(d) of the federal Workforce Investment Act of
1998 .
| 16 | | (b-5) The Board shall implement a method for measuring the | 17 | | progress of the
State's workforce development system by using | 18 | | benchmarks specified in the federal Workforce
Innovation and | 19 | | Opportunity Act. specified benchmarks. Those
benchmarks are: | 20 | | (i) the educational level of working adults;
(ii) the | 21 | | percentage of the adult workforce in education and training;
| 22 | | (iii) adult literacy;
(iv) the percentage of high school | 23 | | graduates transitioning to education or
training;
(v) the high | 24 | | school dropout rate;
(vi) the number of youth transitioning | 25 | | from 8th grade to 9th grade;
(vii) the percentage of | 26 | | individuals and families at economic
self-sufficiency;
(viii) |
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| 1 | | the average growth in pay;
(ix) net job growth; and
(x) | 2 | | productivity per employee.
| 3 | | The Board shall identify the most significant early
| 4 | | indicators for each benchmark, establish a mechanism to collect | 5 | | data and
track the benchmarks on an annual basis, and then use | 6 | | the results to set goals
for each benchmark, to inform | 7 | | planning, and to ensure the effective use of
State resources.
| 8 | | (c) Nothing in this Act shall be construed to require or
| 9 | | allow the
Board to assume or supersede the statutory authority | 10 | | granted
to, or impose
any duties or requirements on, the State
| 11 | | Board of Education, the Board of Higher Education, the Illinois | 12 | | Community
College Board, any State agencies created under the | 13 | | Civil Administrative Code
of Illinois, or any local education | 14 | | agencies.
| 15 | | (d) No actions taken by the Illinois Human Resource | 16 | | Investment Council
before the effective date of this amendatory | 17 | | Act of the 92nd General Assembly
and no rights, powers, duties, | 18 | | or obligations from those actions are impaired
solely by this | 19 | | amendatory Act of the 92nd General Assembly. All actions taken
| 20 | | by the Illinois Human Resource Investment Council before the | 21 | | effective date of
this amendatory Act of the 92nd General | 22 | | Assembly are ratified and validated.
| 23 | | (Source: P.A. 92-588, eff. 7-1-02; 93-331, eff. 1-1-04.)
| 24 | | (20 ILCS 3975/5) (from Ch. 48, par. 2105)
| 25 | | Sec. 5. Plans; expenditures. The plans and decisions of the |
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| 1 | | Board shall be
subject to
approval by the Governor. All funds | 2 | | received by the State pursuant to the
federal Job Training | 3 | | Partnership Act or the federal Workforce
Innovation and | 4 | | Opportunity Act Workforce Investment Act
of 1998 shall be | 5 | | expended only pursuant to appropriation.
| 6 | | (Source: P.A. 92-588, eff. 7-1-02.)
| 7 | | (20 ILCS 3975/6) (from Ch. 48, par. 2106)
| 8 | | Sec. 6. Programs and services, conflict of interest. In | 9 | | order to assure
objective management and oversight, the
Board | 10 | | shall not operate programs or provide services directly
to
| 11 | | eligible participants, but shall exist solely to plan, | 12 | | coordinate and
monitor the provisions of such programs and | 13 | | services.
| 14 | | A member of the Board may not (1) vote on a matter under | 15 | | consideration by
the
Board that (a) regards the provision of | 16 | | services by the member or by an entity
that the
member | 17 | | represents or (b) would provide direct financial benefit to the | 18 | | member
or the
immediate family of the member or (2) engage in | 19 | | any other activity determined
by the
Governor to constitute a | 20 | | conflict of interest as specified in the State plan
established | 21 | | under
the federal Workforce Investment Act of 1998 .
| 22 | | (Source: P.A. 92-588, eff. 7-1-02.)
| 23 | | (20 ILCS 3975/7) (from Ch. 48, par. 2107)
| 24 | | Sec. 7. Personnel. The Board is authorized to obtain the
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| 1 | | services of any
professional, technical and clerical personnel | 2 | | that may be necessary
to carry
out its functions under this Act | 3 | | and under the federal Workforce
Innovation and Opportunity Act | 4 | | Workforce Investment
Act of 1998 .
| 5 | | (Source: P.A. 92-588, eff. 7-1-02.)
| 6 | | (20 ILCS 3975/7.2) | 7 | | Sec. 7.2. Posting requirements; Department of Commerce and | 8 | | Economic Opportunity's website. On and after the effective date | 9 | | of this amendatory Act of the 97th General Assembly, the | 10 | | Illinois Workforce Innovation Investment Board must annually | 11 | | submit to the Department of Commerce and Economic Opportunity | 12 | | the following information to be posted on the Department's | 13 | | official Internet website: | 14 | | (1) All agendas and meeting minutes for meetings of the | 15 | | Illinois Workforce Innovation Investment Board. | 16 | | (2) All line-item budgets for the local workforce | 17 | | investment areas located within the State. | 18 | | (3) A listing of all contracts and contract values for | 19 | | all workforce development training and service providers. | 20 | | The information required under this Section must be posted | 21 | | on the Department of Commerce and Economic Opportunity's | 22 | | Internet website no later than 30 days after the Department | 23 | | receives the information from the Illinois Workforce | 24 | | Innovation Investment Board.
| 25 | | (Source: P.A. 97-356, eff. 1-1-12.) |
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| 1 | | (20 ILCS 3975/7.5) | 2 | | Sec. 7.5. Procurement. The Illinois Workforce Innovation | 3 | | Investment Board is subject to the Illinois Procurement Code, | 4 | | to the extent consistent with all applicable federal laws.
| 5 | | (Source: P.A. 97-356, eff. 1-1-12.)
| 6 | | (20 ILCS 3975/8) (from Ch. 48, par. 2108)
| 7 | | Sec. 8. Audits. The Illinois Workforce Innovation | 8 | | Investment Board and any recipient of
funds under this Act
| 9 | | shall be subject to audits conducted by the Auditor General | 10 | | with respect
to all funds appropriated for the purposes of this | 11 | | Act.
| 12 | | (Source: P.A. 92-588, eff. 7-1-02.)
| 13 | | Section 45. The Commission on the Elimination of Poverty | 14 | | Act is amended by changing Section 15 as follows: | 15 | | (20 ILCS 4080/15)
| 16 | | Sec. 15. Members. The Commission on the Elimination of | 17 | | Poverty shall be composed of no more than 26 voting members | 18 | | including 2 members of the Illinois House of Representatives, | 19 | | one appointed by the Speaker of the House and one appointed by | 20 | | the House Minority Leader; 2 members of the Illinois Senate, | 21 | | one appointed by the Senate President and one appointed by the | 22 | | Senate Minority Leader; one representative of the Office of the |
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| 1 | | Governor appointed by the Governor; one representative of the | 2 | | Office of the Lieutenant Governor appointed by the Lieutenant | 3 | | Governor; and 20 public members, 4 of whom shall be appointed | 4 | | by the Governor, 4 of whom shall be appointed by the Speaker of | 5 | | the House, 4 of whom shall be appointed by the House Minority | 6 | | Leader, 4 of whom shall be appointed by the Senate President, | 7 | | and 4 of whom shall be appointed by the Senate Minority Leader. | 8 | | It shall be determined by lot who will appoint which public | 9 | | members of the Commission. The public members shall include a | 10 | | representative of a service-based human rights organization; 2 | 11 | | representatives from anti-poverty organizations, including one | 12 | | that focuses on rural poverty; 2 individuals who have | 13 | | experienced extreme poverty; a representative of an | 14 | | organization that advocates for health care access, | 15 | | affordability and availability; a representative of an | 16 | | organization that advocates for persons with mental illness; a | 17 | | representative of an organization that advocates for children | 18 | | and youth; a representative of an organization that advocates | 19 | | for quality and equality in education; a representative of an | 20 | | organization that advocates for people who are homeless; a | 21 | | representative of a statewide anti-hunger organization; a | 22 | | person with a disability; a representative of an organization | 23 | | that advocates for persons with disabilities; a representative | 24 | | of an organization that advocates for immigrants; a | 25 | | representative of a statewide faith-based organization that | 26 | | provides direct social services in Illinois; a representative |
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| 1 | | of an organization that advocates for economic security for | 2 | | women; a representative of an organization that advocates for | 3 | | older adults; a representative of a labor organization that | 4 | | represents primarily low and middle-income wage earners; a | 5 | | representative of a municipal or county government; and a | 6 | | representative of township government. The appointed members | 7 | | shall reflect the racial, gender, and geographic diversity of | 8 | | the State and shall include representation from regions of the | 9 | | State experiencing the highest rates of extreme poverty. | 10 | | The following officials shall serve as ex-officio members: | 11 | | the Secretary of Human Services or his or her designee; the | 12 | | Director of Corrections or his or her designee; the Director of | 13 | | Healthcare and Family Services or his or her designee; the | 14 | | Director of Human Rights or his or her designee; the Director | 15 | | of Children and Family Services or his or her designee; the | 16 | | Director of Commerce and Economic Opportunity or his or her | 17 | | designee; the State Superintendent of Education or his or her | 18 | | designee; the Director of Aging or his or her designee; the | 19 | | Director of Public Health or his or her designee; and the | 20 | | Director of Employment Security or his or her designee. The | 21 | | State Workforce Innovation Investment Board, the | 22 | | African-American Family Commission, and the Latino Family | 23 | | Commission shall each designate a liaison to serve ex-officio | 24 | | on the Commission.
| 25 | | Members shall serve without compensation, but, subject to | 26 | | the availability of funds, public members may be reimbursed for |
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| 1 | | reasonable and necessary travel expenses connected to | 2 | | Commission business. | 3 | | Commission members shall be appointed within 60 days after | 4 | | the effective date of this Act. The Commission shall hold its | 5 | | initial meeting within 30 days after at least 50% of the | 6 | | members have been appointed. | 7 | | The representative of the Office of the Governor and the | 8 | | representative of a service-based human rights organization | 9 | | shall serve as co-chairs of the Commission. | 10 | | At the first meeting of the Commission, the members shall | 11 | | select a 7-person Steering Committee that includes the | 12 | | co-chairs. | 13 | | The Commission may establish committees that address | 14 | | specific issues or populations and may appoint individuals with | 15 | | relevant expertise who are not appointed members of the | 16 | | Commission to serve on committees as needed. | 17 | | Subject to appropriation, the office of the Governor, or a | 18 | | designee of the Governor's choosing, shall provide | 19 | | administrative support to the Commission.
| 20 | | (Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.) | 21 | | Section 50. The 21st Century Workforce Development Fund Act | 22 | | is amended by changing Section 15 as follows: | 23 | | (30 ILCS 787/15)
| 24 | | Sec. 15. Use of Fund. |
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| 1 | | (a) Role of Fund. Subject to appropriation, resources from | 2 | | the Fund are intended to be used flexibly to support innovative | 3 | | and locally-driven strategies, to leverage other funding | 4 | | sources, and to fill gaps in existing workforce development | 5 | | resources in Illinois. They are not intended to supplant | 6 | | existing workforce development resources. | 7 | | (b) Distribution of funds. Funds shall be distributed | 8 | | through competitive grantmaking processes administered by the | 9 | | Department and overseen by the Advisory Committee. No more than | 10 | | 6% of funds used for grants may be retained by the Department | 11 | | for administrative costs or for program evaluation or technical | 12 | | assistance activities. | 13 | | (c) Grantmaking. The Department must administer funds | 14 | | through competitive grantmaking in accordance with the | 15 | | priorities described in this Act. Grantmaking must be used to | 16 | | support workforce development strategies consistent with the | 17 | | priorities outlined in this Act. Strategies may include, but | 18 | | are not limited to the following: | 19 | | (i) Expanded grantmaking for existing State workforce | 20 | | development strategies, including the Job Training and | 21 | | Economic Development Program and programs designed to | 22 | | increase the number of persons traditionally | 23 | | underrepresented in the building trades, specifically | 24 | | minorities and women. | 25 | | (ii) Workforce development initiatives that help the | 26 | | least skilled adults access employment and education |
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| 1 | | opportunities, including transitional jobs programs and | 2 | | educational bridge programming that integrate basic | 3 | | education and occupational skills training. | 4 | | (iii) Sectoral strategies that develop | 5 | | industry-specific workforce education and training | 6 | | services that lead to existing or expected jobs with | 7 | | identified employers and that include services to ensure | 8 | | that low-income, low-skilled adults can be served. | 9 | | (iv) Support for the development and implementation of | 10 | | workforce education and training programs in the energy | 11 | | efficiency, renewable energy, and pollution control | 12 | | cleanup and prevention industries. | 13 | | (v) Support for planning activities that: ensure that | 14 | | workforce development and education needs of low-skilled | 15 | | adults are integrated into industry-specific career | 16 | | pathways; analyze labor market data to track workforce | 17 | | trends in the State's energy-related initiatives; or | 18 | | increase the capacity of communities to provide workforce | 19 | | services to low-income, low-skilled adults.
| 20 | | (d) Allowable expenditures. Grant funds are limited to | 21 | | expenditures for the following: | 22 | | (i) Basic skills training, adult education, | 23 | | occupational training, job readiness training, and | 24 | | soft-skills training for which financial aid is otherwise | 25 | | not available.
| 26 | | (ii) Workforce development-related services including |
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| 1 | | mentoring, job development, support services, | 2 | | transportation assistance, and wage subsidies, that are | 3 | | tied to participation in training and employment.
| 4 | | (iii) Capacity building, program development, and | 5 | | technical assistance activities necessary for the | 6 | | development and implementation of new workforce education | 7 | | and training strategies.
| 8 | | No more than 5% of any grant may be used for administrative | 9 | | costs.
| 10 | | (e) Eligible applicants. For grants under this Section, | 11 | | eligible applicants include the following:
| 12 | | (i) Any private, public, and non-profit entities that | 13 | | provide education, training, and workforce development | 14 | | services to low-income individuals. | 15 | | (ii) Educational institutions. | 16 | | (iii) Labor and business associations.
| 17 | | (Source: P.A. 96-771, eff. 8-28-09; 97-581, eff. 8-26-11.) | 18 | | Section 55. The Higher Education Student Assistance Act is | 19 | | amended by changing Section 35 as follows:
| 20 | | (110 ILCS 947/35)
| 21 | | Sec. 35. Monetary award program.
| 22 | | (a) The Commission shall, each year, receive and consider | 23 | | applications
for grant assistance under this Section. Subject | 24 | | to a separate
appropriation for such purposes, an applicant is |
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| 1 | | eligible for a grant under
this Section when the Commission | 2 | | finds that the applicant:
| 3 | | (1) is a resident of this State and a citizen or | 4 | | permanent resident
of the United States; and
| 5 | | (2) in the absence of grant assistance, will be | 6 | | deterred by
financial considerations from completing an | 7 | | educational program at the
qualified institution of his or | 8 | | her choice.
| 9 | | (b) The Commission shall award renewals only upon the | 10 | | student's application
and upon the Commission's finding that | 11 | | the applicant:
| 12 | | (1) has remained a student in good standing;
| 13 | | (2) remains a resident of this State; and
| 14 | | (3) is in a financial situation that continues to | 15 | | warrant assistance.
| 16 | | (c) All grants shall be applicable only to tuition and | 17 | | necessary fee costs. The Commission shall determine the grant
| 18 | | amount for each student, which shall not exceed the smallest of
| 19 | | the following amounts:
| 20 | | (1) subject to appropriation, $5,468 for fiscal year | 21 | | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal | 22 | | year 2011 and each fiscal year thereafter, or such lesser | 23 | | amount as
the Commission finds to be available, during an | 24 | | academic year;
| 25 | | (2) the amount which equals 2 semesters or 3 quarters | 26 | | tuition
and other necessary fees required generally by the |
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| 1 | | institution of all
full-time undergraduate students; or
| 2 | | (3) such amount as the Commission finds to be | 3 | | appropriate in view of
the applicant's financial | 4 | | resources.
| 5 | | Subject to appropriation, the maximum grant amount for | 6 | | students not subject to subdivision (1) of this subsection (c) | 7 | | must be increased by the same percentage as any increase made | 8 | | by law to the maximum grant amount under subdivision (1) of | 9 | | this subsection (c). | 10 | | "Tuition and other necessary fees" as used in this Section | 11 | | include the
customary charge for instruction and use of | 12 | | facilities in general, and the
additional fixed fees charged | 13 | | for specified purposes, which are required
generally of | 14 | | nongrant recipients for each academic period for which the | 15 | | grant
applicant actually enrolls, but do not include fees | 16 | | payable only once or
breakage fees and other contingent | 17 | | deposits which are refundable in whole or in
part. The | 18 | | Commission may prescribe, by rule not inconsistent with this
| 19 | | Section, detailed provisions concerning the computation of | 20 | | tuition and other
necessary fees.
| 21 | | (d) No applicant, including those presently receiving | 22 | | scholarship
assistance under this Act, is eligible for monetary | 23 | | award program
consideration under this Act after receiving a | 24 | | baccalaureate degree or
the equivalent of 135 semester credit | 25 | | hours of award payments.
| 26 | | (e) The Commission, in determining the number of grants to |
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| 1 | | be offered,
shall take into consideration past experience with | 2 | | the rate of grant funds
unclaimed by recipients. The Commission | 3 | | shall notify applicants that grant
assistance is contingent | 4 | | upon the availability of appropriated funds.
| 5 | | (e-5) The General Assembly finds and declares that it is an | 6 | | important purpose of the Monetary Award Program to facilitate | 7 | | access to college both for students who pursue postsecondary | 8 | | education immediately following high school and for those who | 9 | | pursue postsecondary education later in life, particularly | 10 | | Illinoisans who are dislocated workers with financial need and | 11 | | who are seeking to improve their economic position through | 12 | | education. For the 2015-2016 and 2016-2017 academic years, the | 13 | | Commission shall give additional and specific consideration to | 14 | | the needs of dislocated workers with the intent of allowing | 15 | | applicants who are dislocated workers an opportunity to secure | 16 | | financial assistance even if applying later than the general | 17 | | pool of applicants. The Commission's consideration shall | 18 | | include, in determining the number of grants to be offered, an | 19 | | estimate of the resources needed to serve dislocated workers | 20 | | who apply after the Commission initially suspends award | 21 | | announcements for the upcoming regular academic year, but prior | 22 | | to the beginning of that academic year. For the purposes of | 23 | | this subsection (e-5), a dislocated worker is defined as in the | 24 | | federal Workforce
Innovation and Opportunity Act Workforce | 25 | | Investment Act of 1998 . | 26 | | (f) The Commission may request appropriations for deposit |
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| 1 | | into the
Monetary Award Program Reserve Fund. Monies deposited | 2 | | into the Monetary Award
Program Reserve Fund may be expended | 3 | | exclusively for one purpose: to make
Monetary Award Program | 4 | | grants to eligible students. Amounts on deposit in the
Monetary | 5 | | Award Program Reserve Fund may not exceed 2% of the current | 6 | | annual
State appropriation for the Monetary Award Program.
| 7 | | The purpose of the Monetary Award Program Reserve Fund is | 8 | | to enable the
Commission each year to assure as many students | 9 | | as possible of their
eligibility for a Monetary Award Program | 10 | | grant and to do so before commencement
of the academic year. | 11 | | Moneys deposited in this Reserve Fund are intended to
enhance | 12 | | the Commission's management of the Monetary Award Program, | 13 | | minimizing
the necessity, magnitude, and frequency of | 14 | | adjusting award amounts and ensuring
that the annual Monetary | 15 | | Award Program appropriation can be fully utilized.
| 16 | | (g) The Commission shall determine the eligibility of and | 17 | | make grants to
applicants enrolled at qualified for-profit | 18 | | institutions in accordance with the
criteria set forth in this | 19 | | Section. The eligibility of applicants enrolled at
such | 20 | | for-profit institutions shall be limited as follows:
| 21 | | (1) Beginning with the academic year 1997, only to | 22 | | eligible first-time
freshmen and
first-time transfer | 23 | | students who have attained an associate degree.
| 24 | | (2) Beginning with the academic year 1998, only to | 25 | | eligible freshmen
students,
transfer students who have | 26 | | attained an associate degree, and students who
receive a |
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| 1 | | grant under paragraph (1) for the academic year 1997 and | 2 | | whose grants
are being renewed for the academic year 1998.
| 3 | | (3) Beginning with the academic year 1999, to all | 4 | | eligible students.
| 5 | | (Source: P.A. 98-967, eff. 8-15-14.)
| 6 | | Section 60. The Illinois Public Aid Code is amended by | 7 | | changing Section 9A-3 as follows:
| 8 | | (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
| 9 | | Sec. 9A-3. Establishment of Program and Level of Services.
| 10 | | (a) The Illinois Department shall establish and maintain a | 11 | | program to
provide recipients with services consistent with the | 12 | | purposes and
provisions of this Article. The program offered in | 13 | | different counties of
the State may vary depending on the | 14 | | resources available to the State to
provide a program under | 15 | | this Article, and no program may be offered in some
counties, | 16 | | depending on the resources available. Services may be provided
| 17 | | directly by the Illinois Department or through contract. | 18 | | References to the
Illinois Department or staff of the
Illinois | 19 | | Department shall include contractors when the Illinois | 20 | | Department
has entered into contracts for these purposes. The | 21 | | Illinois Department
shall provide each
recipient who | 22 | | participates with such services available under the program
as | 23 | | are necessary to achieve his employability plan as specified in | 24 | | the
plan.
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| 1 | | (b) The Illinois Department, in operating the program, | 2 | | shall cooperate
with public and private education and | 3 | | vocational training or retraining
agencies or facilities, the | 4 | | Illinois State Board of Education, the Illinois
Community | 5 | | College Board, the Departments of Employment
Security and | 6 | | Commerce and Economic Opportunity or other sponsoring
| 7 | | organizations funded under the federal Workforce
Innovation | 8 | | and Opportunity Act Workforce Investment Act
and other public | 9 | | or licensed private employment agencies.
| 10 | | (Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
| 11 | | Section 65. The Afterschool Youth Development Project Act | 12 | | is amended by changing Section 15 as follows: | 13 | | (325 ILCS 27/15)
| 14 | | Sec. 15. Illinois Youth Development Council. | 15 | | (a) Creation. In order to effectively achieve the policy | 16 | | established in this Act, the Illinois Youth Development Council | 17 | | shall be created. The purpose of the Council is to provide | 18 | | oversight and coordination to the State's public funds | 19 | | currently invested to support positive youth development | 20 | | programs and activities and to set systemwide policies and | 21 | | priorities to accomplish the following 5 major objectives: (i) | 22 | | set afterschool program expansion priorities, such as | 23 | | addressing gaps in programming for specific ages and | 24 | | populations; (ii) create outcome measures and require all |
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| 1 | | afterschool programs to be evaluated to ensure that outcomes | 2 | | are being met; (iii) oversee the establishment of a statewide | 3 | | program improvement system that provides technical assistance | 4 | | and capacity building to increase program participation and | 5 | | quality systemwide; (iv) monitor and assess afterschool | 6 | | program quality through outcome measures; and (v) establish | 7 | | State policy to support the attainment of outcomes. The Council | 8 | | shall be created within the Department of Human Services. | 9 | | (b) Governance. The Illinois Youth Development Council | 10 | | shall reflect the regional, racial, socioeconomic, and | 11 | | cultural diversity of the State to ensure representation of the | 12 | | needs of all Illinois youth. The Council shall be composed of | 13 | | no less than 28 and no more than 32 members. The Council may | 14 | | establish a defined length of term for membership on the | 15 | | Council. | 16 | | (1) Membership. The Council shall include | 17 | | representation from both public and private organizations | 18 | | comprised of the following: | 19 | | (A) Four members of the General Assembly: one | 20 | | appointed by the President of the Senate, one appointed | 21 | | by the Minority Leader of the Senate, one appointed by | 22 | | the Speaker of the House of Representatives, and one | 23 | | appointed by the Minority Leader of the House of | 24 | | Representatives. | 25 | | (B) The chief administrators of the following | 26 | | State agencies: the Department of Human Services; the |
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| 1 | | Illinois State Board of Education; the Department of | 2 | | Children and Family Services; the Department of Public | 3 | | Health; the Department of Juvenile Justice; the | 4 | | Department of Healthcare and Family Services; the | 5 | | Department of Commerce and Economic Opportunity; the | 6 | | Illinois Board of Higher Education; and the Illinois | 7 | | Community College Board. | 8 | | (C) The Chair of the Illinois Workforce Innovation | 9 | | Investment Board and the Executive Director of the | 10 | | Illinois Violence Prevention Authority. | 11 | | The following Council members shall be appointed by the | 12 | | Governor: | 13 | | (D) Two officials from a unit of local government. | 14 | | (E) At least 3 representatives of direct youth | 15 | | service providers and faith-based providers. | 16 | | (F) Three young people who are between the ages of | 17 | | 16 and 21 and who are members of the Youth Advisory | 18 | | Group as established in paragraph (2) of this | 19 | | subsection. | 20 | | (G) Two parents of children between the ages of 6 | 21 | | and 19. | 22 | | (H) One academic researcher in the field of youth | 23 | | development. | 24 | | (I) Additional public members that include local | 25 | | government stakeholders and nongovernmental | 26 | | stakeholders with an interest in youth development and |
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| 1 | | afterschool programs, including representation from | 2 | | the following private sector fields and | 3 | | constituencies: child and youth advocacy; children and | 4 | | youth with special needs; child and adolescent health; | 5 | | business; and law enforcement. | 6 | | Persons may be nominated by organizations representing | 7 | | the fields outlined in this Section. The Governor shall | 8 | | designate one of the Council members who is a nongovernment | 9 | | stakeholder to serve as co-chairperson. The Council shall | 10 | | create a subcommittee of additional direct youth service | 11 | | providers as well as other subcommittees as deemed | 12 | | necessary. | 13 | | (2) Youth Advisory Group. To ensure that the Council is | 14 | | responsive to the needs and priorities of Illinois' young | 15 | | people, the Council shall establish an independent Youth | 16 | | Advisory Group, which shall be composed of a diverse body | 17 | | of 15 youths between the ages of 14 and 19 from across the | 18 | | State. Members that surpass the age of 19 while serving on | 19 | | the Youth Advisory Group may complete the term of the | 20 | | appointment. The Youth Advisory Group shall be charged | 21 | | with: (i) presenting recommendations to the Council 4 times | 22 | | per year on issues related to afterschool and youth | 23 | | development programming and policy; and (ii) reviewing key | 24 | | programmatic, funding, and policy decisions made by the | 25 | | Council. To develop priorities and recommendations, the | 26 | | Youth Advisory Group may engage students from across the |
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| 1 | | State via focus groups, on-line surveys, and other means. | 2 | | The Youth Advisory Group shall be administered by the | 3 | | Department of Human Services and facilitated by an | 4 | | independent, established youth organization with expertise | 5 | | in youth civic engagement. This youth civic engagement | 6 | | organization shall administer the application requirements | 7 | | and process and shall nominate 30 youth. The Department of | 8 | | Human Services shall select 15 of the nominees for the | 9 | | Youth Advisory Group, 3 of whom shall serve on the Council. | 10 | | (c) Activities. The major objectives of the Council shall | 11 | | be accomplished through the following activities: | 12 | | (1) Publishing an annual plan that sets system goals | 13 | | for Illinois' afterschool funding that include key | 14 | | indicators, performance standards, and outcome measures | 15 | | and that outlines funding evaluation and reporting | 16 | | requirements. | 17 | | (2) Developing and maintaining a system and processes | 18 | | to collect and report consistent program and outcome data | 19 | | on all afterschool programs funded by State and local | 20 | | government. | 21 | | (3) Developing linkages between afterschool data | 22 | | systems and other statewide youth program outcome data | 23 | | systems (e.g. schools, post-secondary education, juvenile | 24 | | justice, etc.). | 25 | | (4) Developing procedures for implementing an | 26 | | evaluation of the statewide system of program providers, |
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| 1 | | including programs established by this Act. | 2 | | (5) Reviewing evaluation results and data reports to | 3 | | inform future investments and allocations and to shape | 4 | | State policy. | 5 | | (6) Developing technical assistance and | 6 | | capacity-building infrastructure and ensuring appropriate | 7 | | workforce development strategies across agencies for those | 8 | | who will be working in afterschool programs. | 9 | | (7) Reviewing and making public recommendations to the | 10 | | Governor and the General Assembly with respect to the | 11 | | budgets for State youth services to ensure the adequacy of | 12 | | those budgets and alignment to system goals outlined in the | 13 | | plan described in paragraph (1) of this subsection. | 14 | | (8) Developing and overseeing execution of a research | 15 | | agenda to inform future program planning. | 16 | | (9) Providing strategic advice to other State | 17 | | agencies, the Illinois General Assembly, and Illinois' | 18 | | Constitutional Officers on afterschool-related activities | 19 | | statewide. | 20 | | (10) Approving awards of grants to demonstration | 21 | | projects as outlined in Section 20 of this Act. | 22 | | (d) Accountability. The Council shall annually report to | 23 | | the Governor and the General Assembly on the Council's progress | 24 | | towards its goals and objectives.
The Department of Human | 25 | | Services shall provide resources to the Council, including | 26 | | administrative services and data collection and shall be |
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| 1 | | responsible for conducting procurement processes required by | 2 | | the Act. The Department may contract with vendors to provide | 3 | | all or a portion of any necessary resources.
| 4 | | (Source: P.A. 96-1302, eff. 7-27-10.) | 5 | | Section 70. The Unemployment Insurance Act is amended by | 6 | | changing Sections 500 and 502 as follows:
| 7 | | (820 ILCS 405/500) (from Ch. 48, par. 420)
| 8 | | Sec. 500. Eligibility for benefits. An unemployed | 9 | | individual shall
be eligible to receive benefits with respect | 10 | | to any week only if the
Director finds that:
| 11 | | A. He has registered for work at and thereafter has | 12 | | continued to
report at an employment office in accordance with | 13 | | such regulations as
the Director may prescribe, except that the | 14 | | Director may, by regulation,
waive or alter either or both of | 15 | | the requirements of this subsection as
to individuals attached | 16 | | to regular jobs, and as to such other types of
cases or | 17 | | situations with respect to which he finds that compliance with
| 18 | | such requirements would be oppressive or inconsistent with the | 19 | | purposes
of this Act, provided that no such regulation shall | 20 | | conflict with
Section 400 of this Act.
| 21 | | B. He has made a claim for benefits with respect to such | 22 | | week in
accordance with such regulations as the Director may | 23 | | prescribe.
| 24 | | C. He is able to work, and is available for work; provided |
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| 1 | | that
during the period in question he was actively seeking work | 2 | | and he has
certified such. Whenever requested to do so by the | 3 | | Director, the individual
shall, in the manner the Director | 4 | | prescribes by regulation, inform the
Department of the places | 5 | | at
which he has sought work during the period in question.
| 6 | | Nothing in this subsection shall limit
the Director's approval | 7 | | of alternate methods of demonstrating an active
search for work
| 8 | | based on regular reporting to a trade union office.
| 9 | | 1. If an otherwise eligible individual is unable to | 10 | | work or is
unavailable for work on any normal workday of | 11 | | the week, he shall be
eligible to receive benefits with | 12 | | respect to such week reduced by
one-fifth of his weekly | 13 | | benefit amount for each day of such inability to
work or | 14 | | unavailability for work. For the purposes of this | 15 | | paragraph, an
individual who reports on a day subsequent to | 16 | | his designated report day
shall be deemed unavailable for | 17 | | work on his report day if his failure to
report on that day | 18 | | is without good cause, and on each intervening day,
if any, | 19 | | on which his failure to report is without good cause. As | 20 | | used
in the preceding sentence, "report day" means the day | 21 | | which has been
designated for the individual to report to | 22 | | file his claim for benefits
with respect to any week. This | 23 | | paragraph shall not be construed so as
to effect any change | 24 | | in the status of part-time workers as defined in
Section | 25 | | 407.
| 26 | | 2. An individual shall be considered to be unavailable |
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| 1 | | for work on
days listed as whole holidays in "An Act to | 2 | | revise the law in relation
to promissory notes, bonds, due | 3 | | bills and other instruments in writing,"
approved March 18, | 4 | | 1874, as amended; on days which are holidays in his
| 5 | | religion or faith, and on days which are holidays according | 6 | | to the
custom of his trade or occupation, if his failure to | 7 | | work on such day is
a result of the holiday. In determining | 8 | | the claimant's eligibility for
benefits and the amount to | 9 | | be paid him, with respect to the week in
which such holiday | 10 | | occurs, he shall have attributed to him as additional
| 11 | | earnings for that week an amount equal to one-fifth of his | 12 | | weekly
benefit amount for each normal work day on which he | 13 | | does not work
because of a holiday of the type above | 14 | | enumerated.
| 15 | | 3. An individual shall be deemed unavailable for work | 16 | | if, after his
separation from his most recent employing | 17 | | unit, he has removed himself
to and remains in a locality | 18 | | where opportunities for work are
substantially less | 19 | | favorable than those in the locality he has left.
| 20 | | 4. An individual shall be deemed unavailable for work | 21 | | with respect
to any week which occurs in a period when his | 22 | | principal occupation is
that of a student in attendance at, | 23 | | or on vacation from, a public or
private school.
| 24 | | 5. Notwithstanding any other provisions of this Act, an | 25 | | individual
shall not be deemed unavailable for work or to | 26 | | have failed actively to
seek work, nor shall he be |
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| 1 | | ineligible for benefits by reason of the
application of the | 2 | | provisions of Section 603, with respect to any week,
| 3 | | because he is enrolled in and is in regular attendance at a | 4 | | training
course approved for him by the Director:
| 5 | | (a) but only if, with respect to
that week, the | 6 | | individual presents,
upon request,
to the claims | 7 | | adjudicator referred to
in Section 702 a statement | 8 | | executed by a responsible person connected
with the | 9 | | training course, certifying that the individual was in
| 10 | | full-time attendance at such course during the week. | 11 | | The Director may
approve such course for an individual | 12 | | only if he finds that (1)
reasonable work opportunities | 13 | | for which the individual is fitted by
training and | 14 | | experience do not exist in his locality; (2) the | 15 | | training course
relates to an occupation or skill for | 16 | | which there are, or are
expected to be in the immediate | 17 | | future, reasonable work opportunities in
his locality; | 18 | | (3) the training course is offered by a competent and
| 19 | | reliable agency, educational institution, or employing | 20 | | unit; (4)
the individual has the required | 21 | | qualifications and aptitudes to complete the
course | 22 | | successfully; and (5) the individual is not receiving | 23 | | and is not
eligible (other than because he has claimed | 24 | | benefits under this Act) for
subsistence payments or | 25 | | similar assistance under any public or private
| 26 | | retraining program: Provided, that the Director shall |
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| 1 | | not disapprove
such course solely by reason of clause | 2 | | (5) if the subsistence payment or
similar assistance is | 3 | | subject to reduction by an amount equal to any
benefits | 4 | | payable to the individual under this Act in the absence | 5 | | of the
clause. In the event that an individual's weekly | 6 | | unemployment
compensation benefit is less than his | 7 | | certified training allowance, that
person shall be | 8 | | eligible to receive his entire unemployment | 9 | | compensation
benefits, plus such supplemental training | 10 | | allowances that would make an
applicant's total weekly | 11 | | benefit identical to the original certified
training | 12 | | allowance.
| 13 | | (b) The Director shall have the authority to grant | 14 | | approval pursuant to
subparagraph (a) above prior to an | 15 | | individual's formal admission into a
training course. | 16 | | Requests for approval shall not be made more than 30 | 17 | | days
prior to the actual starting date of such course. | 18 | | Requests shall be made
at the appropriate unemployment | 19 | | office.
| 20 | | (c) The Director shall for purposes of paragraph C | 21 | | have the authority
to issue a blanket approval of | 22 | | training programs implemented pursuant to
the federal | 23 | | Workforce
Innovation and Opportunity Act Workforce | 24 | | Investment Act of 1998 if both the training program and | 25 | | the criteria for an individual's
participation in such | 26 | | training meet the requirements of this paragraph C.
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| 1 | | (d) Notwithstanding the requirements of | 2 | | subparagraph (a), the Director
shall have the | 3 | | authority to issue blanket approval of training | 4 | | programs
implemented under the terms of a collective | 5 | | bargaining agreement.
| 6 | | 6. 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
| 10 | | the provisions of Section 603 with respect to any week | 11 | | because he is in
training approved under Section 236 (a)(1) | 12 | | of the federal Trade Act of 1974,
nor shall an individual | 13 | | be ineligible for benefits under the provisions
of Section | 14 | | 601 by reason of leaving work voluntarily to enter such | 15 | | training
if the work left is not of a substantially equal | 16 | | or higher skill level than
the individual's past adversely | 17 | | affected employment as defined under the
federal Trade Act | 18 | | of 1974 and the wages for such work are less than 80% of | 19 | | his
average weekly wage as determined under the federal | 20 | | Trade Act of 1974.
| 21 | | D. If his benefit year begins prior to July 6, 1975 or | 22 | | subsequent to
January 2, 1982, he has been unemployed for a | 23 | | waiting period of 1 week
during such benefit year. If his | 24 | | benefit year begins on or after July 6,
l975, but prior to | 25 | | January 3, 1982, and his unemployment
continues for more than | 26 | | three weeks during such benefit year, he shall
be eligible for |
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| 1 | | benefits with respect to each week of such unemployment,
| 2 | | including the first week thereof. An individual shall be deemed | 3 | | to be
unemployed within the meaning of this subsection while | 4 | | receiving public
assistance as remuneration for services | 5 | | performed on work projects
financed from funds made available | 6 | | to governmental agencies for such
purpose. No week shall be | 7 | | counted as a week of unemployment for the
purposes of this | 8 | | subsection:
| 9 | | 1. Unless it occurs within the benefit year which | 10 | | includes the week
with respect to which he claims payment | 11 | | of benefits, provided that, for
benefit years beginning | 12 | | prior to January 3, 1982, this
requirement shall not | 13 | | interrupt the payment of benefits for consecutive
weeks of | 14 | | unemployment; and provided further that the week | 15 | | immediately
preceding a benefit year, if part of one | 16 | | uninterrupted period of
unemployment which continues into | 17 | | such benefit year, shall be deemed
(for the purpose of this | 18 | | subsection only and with respect to benefit years
beginning | 19 | | prior to January 3, 1982, only) to be within such benefit
| 20 | | year, as well as within the preceding benefit year, if the | 21 | | unemployed
individual would, except for the provisions of | 22 | | the first paragraph and
paragraph 1 of this subsection and | 23 | | of Section 605, be eligible for and
entitled to benefits | 24 | | for such week.
| 25 | | 2. If benefits have been paid with respect thereto.
| 26 | | 3. Unless the individual was eligible for benefits with |
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| 1 | | respect
thereto except for the requirements of this | 2 | | subsection and of Section
605.
| 3 | | E. With respect to any benefit year beginning prior to | 4 | | January 3, 1982,
he has been paid during his base period wages | 5 | | for insured work not
less than the amount specified in Section | 6 | | 500E of this Act as amended
and in effect on October 5, 1980. | 7 | | With respect to any benefit year
beginning on or after January | 8 | | 3, 1982, he has been paid during his base
period wages for | 9 | | insured work equal to not less than $1,600, provided that
he | 10 | | has been paid wages for insured work equal to at least $440 | 11 | | during that
part of his base period which does not include the | 12 | | calendar quarter in
which the wages paid to him were highest.
| 13 | | F. During that week he has participated in reemployment | 14 | | services to which
he has been referred, including but not | 15 | | limited to job search assistance
services, pursuant to a | 16 | | profiling system established by the Director by rule in
| 17 | | conformity with Section 303(j)(1) of the federal Social | 18 | | Security Act, unless
the Director determines that:
| 19 | | 1. the individual has completed such services; or
| 20 | | 2. there is justifiable cause for the claimant's | 21 | | failure to participate in
such services.
| 22 | | This subsection F is added by this amendatory Act of 1995 | 23 | | to clarify
authority already provided under subsections A and C | 24 | | in connection with the
unemployment insurance claimant | 25 | | profiling system required under subsections
(a)(10) and (j)(1) | 26 | | of Section 303 of the federal Social Security Act as a
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| 1 | | condition of federal
funding for the administration of the | 2 | | Unemployment Insurance Act.
| 3 | | (Source: P.A. 92-396, eff. 1-1-02.)
| 4 | | (820 ILCS 405/502) | 5 | | Sec. 502. Eligibility for benefits under the Short-Time | 6 | | Compensation Program. | 7 | | A. The Director may by rule establish a short-time | 8 | | compensation program consistent with this Section. No | 9 | | short-time compensation shall be payable except as authorized | 10 | | by rule. | 11 | | B. As used in this Section: | 12 | | "Affected unit" means a specified plant, department, | 13 | | shift, or other definable unit that includes 2 or more workers | 14 | | to which an approved short-time compensation plan applies. | 15 | | "Health and retirement benefits" means employer-provided | 16 | | health benefits and retirement benefits under a defined benefit | 17 | | pension plan (as defined in Section 414(j) of the Internal | 18 | | Revenue Code) or contributions under a defined contribution | 19 | | plan (defined in Section 414(i) of the Internal Revenue Code), | 20 | | which are incidents of employment in addition to the cash | 21 | | remuneration earned. | 22 | | "Short-time compensation" means the unemployment benefits | 23 | | payable to employees in an affected unit under an approved | 24 | | short-time compensation plan, as distinguished from the | 25 | | unemployment benefits otherwise payable under this Act. |
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| 1 | | "Short-time compensation plan" means a plan submitted by an | 2 | | employer, for approval by the Director, under which the | 3 | | employer requests the payment of short-time compensation to | 4 | | workers in an affected unit of the employer to avert layoffs. | 5 | | "Usual weekly hours of work" means the usual hours of work | 6 | | for full-time or part-time employees in the affected unit when | 7 | | that unit is operating on its regular basis, not to exceed 40 | 8 | | hours and not including hours of overtime work. | 9 | | "Unemployment insurance" means the unemployment benefits | 10 | | payable under this Act other than short-time compensation and | 11 | | includes any amounts payable pursuant to an agreement under any | 12 | | Federal law providing for compensation, assistance, or | 13 | | allowances with respect to unemployment. | 14 | | C. An employer wishing to participate in the short-time | 15 | | compensation program shall submit a signed written short-time | 16 | | compensation plan to the Director for approval. The Director | 17 | | shall develop an application form to request approval of a | 18 | | short-time compensation plan and an approval process. The | 19 | | application shall include: | 20 | | 1. The employer's unemployment insurance account | 21 | | number, the affected unit covered by the plan, including | 22 | | the number of full-time or part-time workers in such unit, | 23 | | the percentage of workers in the affected unit covered by | 24 | | the plan, identification of each individual employee in the | 25 | | affected unit by name and social security number, and any | 26 | | other information required by the Director to identify plan |
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| 1 | | participants. | 2 | | 2. A description of how workers in the affected unit | 3 | | will be notified of the employer's participation in the | 4 | | short-time compensation plan if such application is | 5 | | approved, including how the employer will notify those | 6 | | workers in a collective bargaining unit as well as any | 7 | | workers in the affected unit who are not in a collective | 8 | | bargaining unit. If the employer will not provide advance | 9 | | notice to workers in the affected unit, the employer shall | 10 | | explain in a statement in the application why it is not | 11 | | feasible to provide such notice. | 12 | | 3. The employer's certification that it has the | 13 | | approval of the plan from all collective bargaining | 14 | | representatives of employees in the affected unit and has | 15 | | notified all employees in the affected unit who are not in | 16 | | a collective bargaining unit of the plan. | 17 | | 4. The employer's certification that it will not hire | 18 | | additional part-time or full-time employees for, or | 19 | | transfer employees to, the affected unit, while the program | 20 | | is in operation. | 21 | | 5. A requirement that the employer identify the usual | 22 | | weekly hours of work for employees in the affected unit and | 23 | | the specific percentage by which their hours will be | 24 | | reduced during all weeks covered by the plan. An | 25 | | application shall specify the percentage of reduction for | 26 | | which a short-time compensation application may be |
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| 1 | | approved which shall be not less than 20% and not more than | 2 | | 60%. If the plan includes any week for which the employer | 3 | | regularly provides no work (due to a holiday or other plant | 4 | | closing), then such week shall be identified in the | 5 | | application. | 6 | | 6. Certification by the employer that, if the employer | 7 | | provides health and retirement benefits to any employee | 8 | | whose usual weekly hours of work are reduced under the | 9 | | program, such benefits will continue to be provided to the | 10 | | employee participating in the short-time compensation | 11 | | program under the same terms and conditions as though the | 12 | | usual weekly hours of work of such employee had not been | 13 | | reduced or to the same extent as other employees not | 14 | | participating in the short-time compensation program. For | 15 | | defined benefit retirement plans, the hours that are | 16 | | reduced under the short-time compensation plan shall be | 17 | | credited for purposes of participation, vesting, and | 18 | | accrual of benefits as though the usual weekly hours of | 19 | | work had not been reduced. The dollar amount of employer | 20 | | contributions to a defined contribution plan that are based | 21 | | on a percentage of compensation may be less due to the | 22 | | reduction in the employee's compensation. Notwithstanding | 23 | | any other provision to the contrary, a certification that a | 24 | | reduction in health and retirement benefits is scheduled to | 25 | | occur during the duration of the plan and will be | 26 | | applicable equally to employees who are not participating |
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| 1 | | in the short-time compensation program and to those | 2 | | employees who are participating satisfies this paragraph. | 3 | | 7. Certification by the employer that the aggregate | 4 | | reduction in work hours is in lieu of layoffs (temporary or | 5 | | permanent layoffs, or both). The application shall include | 6 | | an estimate of the number of workers who would have been | 7 | | laid off in the absence of the short-time compensation | 8 | | plan. | 9 | | 8. Agreement by the employer to: furnish reports to the | 10 | | Director relating to the proper conduct of the plan; allow | 11 | | the Director or his or her authorized representatives | 12 | | access to all records necessary to approve or disapprove | 13 | | the plan application, and after approval of a plan, to | 14 | | monitor and evaluate the plan; and follow any other | 15 | | directives the Director deems necessary for the agency to | 16 | | implement the plan and which are consistent with the | 17 | | requirements for plan applications. | 18 | | 9. Certification by the employer that participation in | 19 | | the short-time compensation plan and its implementation is | 20 | | consistent with the employer's obligations under | 21 | | applicable Federal and Illinois laws. | 22 | | 10. The effective date and duration of the plan, which | 23 | | shall expire no later than the end of the 12th full | 24 | | calendar month after the effective date. | 25 | | 11. Any other provision added to the application by the | 26 | | Director that the United States Secretary of Labor |
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| 1 | | determines to be appropriate for purposes of a short-time | 2 | | compensation program. | 3 | | D. The Director shall approve or disapprove a short-time | 4 | | compensation plan in writing within 45 days of its receipt and | 5 | | promptly communicate the decision to the employer. A decision | 6 | | disapproving the plan shall clearly identify the reasons for | 7 | | the disapproval. The disapproval shall be final, but the | 8 | | employer shall be allowed to submit another short-time | 9 | | compensation plan for approval not earlier than 30 days from | 10 | | the date of the disapproval. | 11 | | E. The short-time compensation plan shall be effective on | 12 | | the mutually agreed upon date by the employer and the Director, | 13 | | which shall be specified in the notice of approval to the | 14 | | employer. The plan shall expire on the date specified in the | 15 | | notice of approval, which shall be mutually agreed on by the | 16 | | employer and Director but no later than the end of the 12th | 17 | | full calendar month after its effective date. However, if a | 18 | | short-time compensation plan is revoked by the Director, the | 19 | | plan shall terminate on the date specified in the Director's | 20 | | written order of revocation. An employer may terminate a | 21 | | short-time compensation plan at any time upon written notice to | 22 | | the Director. Upon receipt of such notice from the employer, | 23 | | the Director shall promptly notify each member of the affected | 24 | | unit of the termination date. An employer may submit a new | 25 | | application to participate in another short-time compensation | 26 | | plan at any time after the expiration or termination date. |
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| 1 | | F. The Director may revoke approval of a short-time | 2 | | compensation plan for good cause at any time, including upon | 3 | | the request of any of the affected unit's employees or their | 4 | | collective bargaining representative. The revocation order | 5 | | shall be in writing and shall specify the reasons for the | 6 | | revocation and the date the revocation is effective. The | 7 | | Director may periodically review the operation of each | 8 | | employer's short-time compensation plan to assure that no good | 9 | | cause exists for revocation of the approval of the plan. Good | 10 | | cause shall include, but not be limited to, failure to comply | 11 | | with the assurances given in the plan, termination of the | 12 | | approval of the plan by a collective bargaining representative | 13 | | of employees in the affected unit, unreasonable revision of | 14 | | productivity standards for the affected unit, conduct or | 15 | | occurrences tending to defeat the intent and effective | 16 | | operation of the short-time compensation plan, and violation of | 17 | | any criteria on which approval of the plan was based. | 18 | | G. An employer may request a modification of an approved | 19 | | plan by filing a written request to the Director. The request | 20 | | shall identify the specific provisions proposed to be modified | 21 | | and provide an explanation of why the proposed modification is | 22 | | appropriate for the short-time compensation plan. The Director | 23 | | shall approve or disapprove the proposed modification in | 24 | | writing within 30 days of receipt and promptly communicate the | 25 | | decision to the employer. The Director, in his or her | 26 | | discretion, may approve a request for modification of the plan |
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| 1 | | based on conditions that have changed since the plan was | 2 | | approved provided that the modification is consistent with and | 3 | | supports the purposes for which the plan was initially | 4 | | approved. A modification may not extend the expiration date of | 5 | | the original plan, and the Director must promptly notify the | 6 | | employer whether the plan modification has been approved and, | 7 | | if approved, the effective date of modification. An employer is | 8 | | not required to request approval of plan modification from the | 9 | | Director if the change is not substantial, but the employer | 10 | | must report every change to plan to the Director promptly and | 11 | | in writing. The Director may terminate an employer's plan if | 12 | | the employer fails to meet this reporting requirement. If the | 13 | | Director determines that the reported change is substantial, | 14 | | the Director shall require the employer to request a | 15 | | modification to the plan. | 16 | | H. An individual is eligible to receive short-time | 17 | | compensation with respect to any week only if the individual is | 18 | | eligible for unemployment insurance pursuant to subsection E of | 19 | | Section 500, not otherwise disqualified for unemployment | 20 | | insurance, and: | 21 | | 1. During the week, the individual is employed as a | 22 | | member of an affected unit under an approved short-time | 23 | | compensation plan, which was approved prior to that week, | 24 | | and the plan is in effect with respect to the week for | 25 | | which short-time compensation is claimed. | 26 | | 2. Notwithstanding any other provision of this Act |
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| 1 | | relating to availability for work and actively seeking | 2 | | work, the individual is available for the individual's | 3 | | usual hours of work with the short-time compensation | 4 | | employer, which may include, for purposes of this Section, | 5 | | participating in training to enhance job skills that is | 6 | | approved by the Director, including but not limited to as | 7 | | employer-sponsored training or training funded under the | 8 | | federal Workforce
Innovation and Opportunity Act Workforce | 9 | | Investment Act of 1998 . | 10 | | 3. Notwithstanding any other provision of law, an | 11 | | individual covered by a short-time compensation plan is | 12 | | deemed unemployed in any week during the duration of such | 13 | | plan if the individual's remuneration as an employee in an | 14 | | affected unit is reduced based on a reduction of the | 15 | | individual's usual weekly hours of work under an approved | 16 | | short-time compensation plan. | 17 | | I. The short-time compensation weekly benefit amount shall | 18 | | be the product of the percentage of reduction in the | 19 | | individual's usual weekly hours of work multiplied by the sum | 20 | | of the regular weekly benefit amount for a week of total | 21 | | unemployment plus any applicable dependent allowance pursuant | 22 | | to subsection C of Section 401. | 23 | | 1. An individual may be eligible for short-time | 24 | | compensation or unemployment insurance, as appropriate, | 25 | | except that no individual shall be eligible for combined | 26 | | benefits (excluding any payments attributable to a |
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| 1 | | dependent allowance pursuant to subsection C of Section | 2 | | 401) in any benefit year in an amount more than the maximum | 3 | | benefit amount, nor shall an individual be paid short-time | 4 | | compensation benefits for more than 52 weeks under a | 5 | | short-time compensation plan. | 6 | | 2. The short-time compensation paid to an individual | 7 | | (excluding any payments attributable to a dependent | 8 | | allowance pursuant to subsection C of Section 401) shall be | 9 | | deducted from the maximum benefit amount established for | 10 | | that individual's benefit year. | 11 | | 3. Provisions applicable to unemployment insurance | 12 | | claimants shall apply to short-time compensation claimants | 13 | | to the extent that they are not inconsistent with | 14 | | short-time compensation provisions. An individual who | 15 | | files an initial claim for short-time compensation | 16 | | benefits shall receive a monetary determination. | 17 | | 4. The following provisions apply to individuals who | 18 | | work for both a short-time compensation employer and | 19 | | another employer during weeks covered by the approved | 20 | | short-time compensation plan: | 21 | | i. If combined hours of work in a week for both | 22 | | employers do not result in a reduction of at least 20% | 23 | | of the usual weekly hours of work with the short-time | 24 | | compensation employer, the individual shall not be | 25 | | entitled to benefits under this Section. | 26 | | ii. If combined hours of work for both employers |
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| 1 | | results in a reduction equal to or greater than 20% of | 2 | | the usual weekly hours of work for the short-time | 3 | | compensation employer, the short-time compensation | 4 | | benefit amount payable to the individual is reduced for | 5 | | that week and is determined by multiplying the | 6 | | percentage by which the combined hours of work have | 7 | | been reduced by the sum of the weekly benefit amount | 8 | | for a week of total unemployment plus any applicable | 9 | | dependent allowance pursuant to subsection C of | 10 | | Section 401. A week for which benefits are paid under | 11 | | this subparagraph shall be reported as a week of | 12 | | short-time compensation. | 13 | | iii. If an individual worked the reduced | 14 | | percentage of the usual weekly hours of work for the | 15 | | short-time compensation employer and is available for | 16 | | all his or her usual hours of work with the short-time | 17 | | compensation employer, and the individual did not work | 18 | | any hours for the other employer either because of the | 19 | | lack of work with that employer or because the | 20 | | individual is excused from work with the other | 21 | | employer, the individual shall be eligible for | 22 | | short-time compensation for that week. The benefit | 23 | | amount for such week shall be calculated as provided in | 24 | | the introductory clause of this subsection I. | 25 | | iv. An individual who is not provided any work | 26 | | during a week by the short-time compensation employer, |
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| 1 | | or any other employer, and who is otherwise eligible | 2 | | for unemployment insurance shall be eligible for the | 3 | | amount of regular unemployment insurance determined | 4 | | without regard to this Section. | 5 | | v. An individual who is not provided any work by | 6 | | the short-time compensation employer during a week, | 7 | | but who works for another employer and is otherwise | 8 | | eligible may be paid unemployment insurance for that | 9 | | week subject to the disqualifying income and other | 10 | | provisions applicable to claims for regular | 11 | | unemployment insurance. | 12 | | J. Short-time compensation shall be charged to employers in | 13 | | the same manner as unemployment insurance is charged under | 14 | | Illinois law. Employers liable for payments in lieu of | 15 | | contributions shall have short-time compensation attributed to | 16 | | service in their employ in the same manner as unemployment | 17 | | insurance is attributed. Notwithstanding any other provision | 18 | | to the contrary, to the extent that short-term compensation | 19 | | payments under this Section are reimbursed by the federal | 20 | | government, no benefit charges or payments in lieu of | 21 | | contributions shall be accrued by a participating employer. | 22 | | K. A short-time compensation plan shall not be approved for | 23 | | an employer that is delinquent in the filing of any reports | 24 | | required or the payment of contributions, payments in lieu of | 25 | | contributions, interest, or penalties due under this Act | 26 | | through the date of the employer's application. |
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| 1 | | L. Overpayments of other benefits under this Act may be | 2 | | recovered from an individual receiving short-time compensation | 3 | | under this Act in the manner provided under Sections 900 and | 4 | | 901. Overpayments under the short-time compensation plan may be | 5 | | recovered from an individual receiving other benefits under | 6 | | this Act in the manner provided under Sections 900 and 901. | 7 | | M. An individual who has received all of the short-time | 8 | | compensation or combined unemployment insurance and short-time | 9 | | compensation available in a benefit year shall be considered an | 10 | | exhaustee for purposes of extended benefits, as provided under | 11 | | the provisions of Section 409, and, if otherwise eligible under | 12 | | those provisions, shall be eligible to receive extended | 13 | | benefits.
| 14 | | (Source: P.A. 98-1133, eff. 12-23-14.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
|
| 3 | | 5 ILCS 120/2.01 | from Ch. 102, par. 42.01 |
| 4 | | 5 ILCS 120/7 |
|
| 5 | | 20 ILCS 5/5-550 | was 20 ILCS 5/6.23 |
| 6 | | 20 ILCS 605/605-750 | |
| 7 | | 20 ILCS 630/2 | from Ch. 48, par. 2402 |
| 8 | | 20 ILCS 1005/1005-155 |
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| 9 | | 20 ILCS 1510/35 |
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| 10 | | 20 ILCS 2405/3 | from Ch. 23, par. 3434 |
| 11 | | 20 ILCS 3975/1 | from Ch. 48, par. 2101 |
| 12 | | 20 ILCS 3975/2.5 |
|
| 13 | | 20 ILCS 3975/3 | from Ch. 48, par. 2103 |
| 14 | | 20 ILCS 3975/4.5 |
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| 15 | | 20 ILCS 3975/5 | from Ch. 48, par. 2105 |
| 16 | | 20 ILCS 3975/6 | from Ch. 48, par. 2106 |
| 17 | | 20 ILCS 3975/7 | from Ch. 48, par. 2107 |
| 18 | | 20 ILCS 3975/7.2 | | | 19 | | 20 ILCS 3975/7.5 | |
| 20 | | 20 ILCS 3975/8 | from Ch. 48, par. 2108 |
| 21 | | 20 ILCS 4080/15 | | | 22 | | 30 ILCS 787/15 | |
| 23 | | 110 ILCS 947/35 |
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| 24 | | 305 ILCS 5/9A-3 | from Ch. 23, par. 9A-3 |
| 25 | | 325 ILCS 27/15 | |
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| 1 | | 820 ILCS 405/500 | from Ch. 48, par. 420 |
| 2 | | 820 ILCS 405/502 | |
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