[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
90_HB1437eng
20 ILCS 1510/10
Amends the Illinois Guaranteed Job Opportunity Act.
Provides that the Secretary of Human Services (now Director
of Labor) shall administer the Act. Effective July 1, 1997.
LRB9004146PTcw
HB1437 Engrossed LRB9004146PTcw
1 AN ACT concerning guaranteed job opportunity projects.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Guaranteed Job Opportunity Act
5 is amended by changing Sections 10, 15, 25, 30, 35, 40, 45,
6 50, 55, and 65 as follows:
7 (20 ILCS 1510/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Department" means the Department of Human Services.
10 "Eligible area" means a county or unit of general local
11 government that has a population of no more than 300,000.
12 (a) "Participant" means an individual who is determined
13 to be eligible under Section 25.
14 (b) "Project" means the definable task or group of tasks
15 which:
16 (1) will be carried out by a public agency, a
17 private nonprofit organization, a private contractor, or
18 a cooperative,
19 (2) (Blank), will meet the requirements of
20 subsection (f) of Section 35,
21 (3) will result in a specific product or
22 accomplishment, and
23 (4) would not otherwise be conducted with existing
24 funds.
25 "Secretary" (c) "Director" means the Secretary of Human
26 Services Director of Labor.
27 (Source: P.A. 88-114.)
28 (20 ILCS 1510/15)
29 Sec. 15. Establishment of program. The Department of
30 Human Services may issue grants for the operation of projects
HB1437 Engrossed -2- LRB9004146PTcw
1 under this Act. The issuance of the grants is subject to the
2 availability of State or federal funds and at the discretion
3 of the Secretary of Human Services. Grants shall be made and
4 projects shall be assisted under this Act only to the extent
5 that funding from federal sources is available for those
6 purposes. From the sums appropriated by the General Assembly
7 for any fiscal year, the Director shall make grants to
8 Executive Councils established in accordance with Section 20
9 for the purpose of assisting local job projects which meet
10 the requirements of this Act. The General Assembly may
11 appropriate funds for the purposes of this Section from any
12 appropriate federal source, regardless of which State agency
13 is the initial recipient of the federal funds.
14 (Source: P.A. 88-114.)
15 (20 ILCS 1510/25)
16 Sec. 25. Program eligibility.
17 (a) General Rule. An individual is eligible to
18 participate in the job projects assisted under this Act if
19 the individual:
20 (1) is at least 16 years of age;
21 (2) has resided in the eligible area for at least
22 30 days;
23 (3) has been unemployed for 35 days prior to the
24 determination of employment for job projects assisted
25 under this Act; and
26 (4) is a citizen of the United States, is a
27 national of the United States, is a lawfully admitted
28 permanent resident alien, is a lawfully admitted refugee
29 or parolee, or is otherwise authorized by the United
30 States Attorney General to work in the United States; and
31 (5) is a recipient of assistance under Article IV
32 of the Illinois Public Aid Code.
33 (b) Limitations.
HB1437 Engrossed -3- LRB9004146PTcw
1 (1) (Blank). Not more than 2 individuals who
2 reside in any household may be eligible for a job
3 assisted under this Act.
4 (2) (Blank). No individual whose earned income for
5 the year preceding the year in which the determination of
6 employment under this Act is made is equal to or more
7 than $17,000, or who has a combined family income in the
8 year in which the determination of employment under this
9 Act is made which is equal to or more than $17,000 a
10 year, may be eligible for a job assisted under this Act.
11 (3) No individual participating in the job
12 opportunity project assisted under this Act may work in
13 any compensated job other than the job assisted under
14 this Act for more than 20 16 hours per week.
15 (4) Individuals Each individual participating in
16 the job project assisted under this Act shall
17 demonstrate, to the project manager of the job project
18 assisted under this Act shall, that the individual sought
19 employment in the private sector during the 35 days prior
20 to making application for employment under this Act and
21 will continue to seek employment during the period of
22 employment assisted under this Act.
23 (5) Any individual eligible for retirement benefits
24 under the Social Security Act, under any retirement
25 system for Federal Government employees, under the
26 railroad retirement system, under the military retirement
27 system, under a State or local government pension plan or
28 retirement system, or any private pension program is not
29 eligible to receive a job under a job project assisted
30 under this Act.
31 (Source: P.A. 88-114.)
32 (20 ILCS 1510/30)
33 Sec. 30. Testing and Education requirements. Any
HB1437 Engrossed -4- LRB9004146PTcw
1 individual who has not completed high school and who
2 participates in a job project under this Act shall enroll in
3 and maintain satisfactory progress in a secondary school or
4 an adult basic education or GED program. Any individual with
5 limited English speaking ability shall participate in an
6 English as a Second Language program.
7 (a) Testing. Each participant shall be tested for basic
8 reading and writing competence by the District Executive
9 Council prior to employment by a job project assisted under
10 this Act.
11 (b) Education Requirement.
12 (1) Each participant who fails to complete
13 satisfactorily the basic competency test required by
14 subsection (a) of this Section shall be furnished
15 counseling and instruction.
16 (2) Each participant in a job project assisted under
17 this Act shall, in order to continue employment, maintain
18 satisfactory progress toward and receive a secondary
19 school diploma or its equivalent.
20 (3) Each participant with limited English speaking
21 ability may be furnished instruction as the District
22 Executive Council deems appropriate.
23 (Source: P.A. 88-114.)
24 (20 ILCS 1510/35)
25 Sec. 35. Local Job Projects.
26 (a) General authority. The Department may accept
27 applications and issue grants for operation of projects under
28 this Act. Each District Executive Council shall select job
29 projects to be assisted under this Act. Each job project
30 selected for assistance shall provide employment to eligible
31 participants.
32 (b) Project Objection. Each selected project shall
33 provide subsidized employment to Temporary Assistance for
HB1437 Engrossed -5- LRB9004146PTcw
1 Needy Families (TANF) participants for a period of not more
2 than 6 months. The selected projects shall demonstrate their
3 ability to move clients from participation in the project to
4 unsubsidized employment. No project may be selected under
5 this Section if an objection to the project is filed by 2
6 representatives appointed under subparagraph (A) of paragraph
7 (3) of subsection (a) of Section 20 or by 2 representatives
8 appointed under subparagraph (B) of paragraph (3) of
9 subsection (a) of Section 20.
10 (c) Political affiliation prohibited. No manager or
11 other officer or employee of a District Executive Council or
12 of the job project assisted under this Act may apply a
13 political affiliation test in selecting eligible
14 participation for employment in the project.
15 (d) Limitations.
16 (1) Not more than 10% of the total expenses in any
17 fiscal year of the job project may be used for
18 transportation and equipment.
19 (2) (Blank). Not more than 10% of the individuals
20 employed in any job project assisted under this Act may
21 be employed to supervise a project. Individuals selected
22 as supervisors may be selected without regard to the
23 provisions of Section 25 and may receive wages in excess
24 of the rate determined under Section 40. The limitation
25 on the ratio of supervisors to employees shall not apply
26 where more supervision of eligible participants will
27 contribute to carrying out the objectives of this Act.
28 (e) Maximum hours per week employed. No eligible
29 participant employed in a job project assisted under this Act
30 may be employed on the project for more than 32 hours per
31 week.
32 (f) (Blank). Project Progress Reports. Each project
33 manager shall prepare and submit to the District Executive
34 Council monthly progress reports on the job project assisted
HB1437 Engrossed -6- LRB9004146PTcw
1 under this Act.
2 (Source: P.A. 88-114.)
3 (20 ILCS 1510/40)
4 Sec. 40. Benefits; supportive services; job clubs.
5 (a) Wages. Each eligible participant who is employed in
6 job projects assisted under this Act shall receive wages
7 equal to the higher of (1) the minimum wage under Section
8 6(a)(1) of the Fair Labor Standards Act of 1938 or, (2) the
9 minimum wage under the applicable minimum wage law, or (3)
10 the amount which the eligible participant received in welfare
11 benefits pursuant to the State plan approved under Part A of
12 Title IV of the Social Security Act or in the form of
13 unemployment compensation, if applicable, plus 10% of the
14 amount, whichever is higher.
15 (b) Benefits. Each eligible participant who is employed
16 in projects assisted under this Act shall be furnished
17 benefits and employment conditions comparable to the benefits
18 and conditions provided to other employees employed in
19 similar occupations by a comparable employer, but No
20 participant shall be eligible for unemployment compensation
21 during or on the basis of employment in a project.
22 (c) Supportive services. Each eligible participant who
23 is employed in projects assisted under this Act shall be
24 eligible for supportive services as provided under rules
25 developed by the Department, which may include
26 transportation, health care, special services and materials
27 for the handicapped, child care and other services which are
28 necessary to enable the individual to participate.
29 (d) Job clubs. All participants shall participate in a
30 job club. The project shall operate or otherwise make
31 arrangements for each participant to participate in a job
32 club. Each District Executive Council shall establish for the
33 eligible area job clubs to assist eligible participants with
HB1437 Engrossed -7- LRB9004146PTcw
1 the preparation of resumes, the development of interviewing
2 techniques, evaluation of individual job search activities,
3 and economic education classes.
4 (Source: P.A. 88-114.)
5 (20 ILCS 1510/45)
6 Sec. 45. Labor standards applicable to job projects.
7 (a) Conditions of employment.
8 (1) Conditions of employment and training shall be
9 appropriate and reasonable in light of factors such as
10 the type of work, geographical region, and proficiency of
11 the participant.
12 (2) Health and safety standards established under
13 State and Federal law, otherwise applicable to working
14 conditions of employees, shall be equally applicable to
15 working conditions of participants. With respect to any
16 participant in a job project conducted under this Act who
17 is engaged in activities which are not covered by health
18 and safety standards under the Occupational Safety and
19 Health Act of 1970, the Director shall prescribe, by
20 regulation, standards as may be necessary to protect the
21 health and safety of a participant.
22 (3) No funds available under this Act may be used
23 for contributions on behalf of any participant to
24 retirement systems or plans.
25 (b) Displacement rules.
26 (1) No currently employed worker shall be displaced
27 by any participant, including partial displacement such
28 as a reduction in the hours of nonovertime work, wages,
29 or employment benefits.
30 (2) No job project shall impair existing contracts
31 for services or collective bargaining agreements, except
32 that no job project under this Act which would be
33 inconsistent with the terms of a collective bargaining
HB1437 Engrossed -8- LRB9004146PTcw
1 agreement shall be undertaken without the written
2 concurrence of the labor organization and employer
3 concerned.
4 (3) No participant shall be employed or job opening
5 filled when any other individual is on layoff from the
6 same or any substantially equivalent job, or when the
7 employer has terminated the employment of any regular
8 employee or otherwise reduced its workforce with the
9 intention of filling the vacancy so created by hiring a
10 participant whose wages are subsidized under this Act.
11 (4) No jobs shall be created in a promotional line
12 that will infringe in any way upon the promotional
13 opportunities of currently employed individuals.
14 (Source: P.A. 88-114.)
15 (20 ILCS 1510/50)
16 Sec. 50. Nondiscrimination.
17 (a) General rule.
18 (1) Discrimination on the basis of age, on the
19 basis of handicap, on the basis of sex, or on the basis
20 of race, color, or national origin is prohibited.
21 (2) No individual shall be excluded from
22 participation in, denied the benefits of, subjected to
23 discrimination under, or denied employment in the
24 administration of or in connection with any project
25 because of race, color, religion, sex, national origin,
26 age, handicap, or political affiliation or belief.
27 (3) (Blank). No participant shall be employed on
28 the construction, operation, or maintenance of any
29 facility used or to be used for sectarian instruction or
30 as a place for religious worship.
31 (4) With respect to terms and conditions affecting,
32 or rights provided to, individuals who are participants
33 in activities supported by funds provided under this Act,
HB1437 Engrossed -9- LRB9004146PTcw
1 the individuals shall not be discriminated against solely
2 because of their status as the participants.
3 (b) (Blank). Failure To Comply With Rules. Whenever
4 the Director finds that a recipient has failed to comply with
5 subsection (a) of this Section, or with an applicable
6 regulation prescribed to carry out this Section, the Director
7 shall notify the recipient and shall request compliance. If
8 within a reasonable period of time, not to exceed 60 days,
9 the recipient fails or refuses to comply, the Director may
10 (1) refer the matter to the Attorney General with a
11 recommendation that an appropriate civil action be
12 instituted, or (2) take other action as may be provided by
13 law.
14 (c) (Blank). Referral to Attorney General. When a
15 matter is referred to the Attorney General pursuant to
16 paragraph (1) of subsection (b), or whenever the Attorney
17 General has reason to believe that a recipient is engaged in
18 a pattern or practice in violation of subsection (a), the
19 Attorney General may bring a civil action in any appropriate
20 court of the State of Illinois for relief as may be
21 appropriate, including injunctive relief.
22 (Source: P.A. 88-114.)
23 (20 ILCS 1510/55)
24 Sec. 55. Evaluation. The project Each District
25 Executive Council shall establish and maintain a an
26 evaluation file for each individual employed in a project
27 assisted under this Act. These files shall be available to
28 the Department upon request. The evaluation file shall be
29 made available to the participant monthly and shall not be
30 available to any other person without the consent of the
31 employee. In carrying out the provisions of this Section,
32 each Council shall assure that the participant will be
33 afforded the opportunity to discuss any matter contained in,
HB1437 Engrossed -10- LRB9004146PTcw
1 or omitted from, the file.
2 (Source: P.A. 88-114.)
3 (20 ILCS 1510/65)
4 Sec. 65. Evaluation. The Department shall conduct an
5 evaluation of the success of the projects funded under this
6 Act. Each project shall cooperate with the Department in the
7 collection of any data needed for the evaluation.
8 Administration.
9 (a) Accepting Property For Use Under This Act. The
10 Director is authorized, in carrying out this Act, to accept,
11 purchase, or lease in the name of the Department, and employ
12 or dispose of in furtherance of the purpose of this Act, any
13 money or property, real, personal, or mixed, tangible or
14 intangible, received by gift, devise, bequest, or otherwise,
15 and to accept voluntary and uncompensated services.
16 (b) General Administrative Authority. The Director may
17 make grants, contracts, or agreements, establish procedures
18 and make payments, in installments, in advance or by way of
19 reimbursement, or otherwise allocate or expend funds under
20 this Act as necessary to carry out this Act, including
21 expenditures for construction, repairs, and capital
22 improvements, and including necessary adjustments in payments
23 on account of overpayments or underpayments.
24 (c) Waiver Authority. The Director may waive:
25 (1) the testing requirement for individuals with
26 handicaps;
27 (2) the education requirement in paragraph (2) of
28 subsection (b) of Section 30; and
29 (3) subject to a 2/3 vote of each District
30 Executive Council, the requirement relating to a 32-hour
31 work week under subsection (e) of Section 35 for unusual
32 circumstances.
33 (d) Report. The Director shall prepare and submit to
HB1437 Engrossed -11- LRB9004146PTcw
1 the General Assembly an annual report on the administration
2 of this Act. The Director shall include the following in the
3 report:
4 (1) a summary of the achievements, failures, and
5 problems of the programs authorized in this Act in
6 meeting the objective of this Act; and
7 (2) recommendations, including recommendations for
8 legislative or administrative action, as the Director
9 deems appropriate.
10 (e) Audit. The Auditor General of the State of Illinois
11 and any authorized representatives shall have access for the
12 purpose of audit and examination to any books, documents,
13 papers, and records, of any recipient under this Act that are
14 pertinent to the amounts received and disbursed under this
15 Act.
16 (f) Adoption of rules. The Director may adopt
17 appropriate rules to carry out this Act.
18 (Source: P.A. 88-114.)
19 (20 ILCS 1510/20 rep.)
20 (20 ILCS 1510/60 rep.)
21 Section 10. The Illinois Guaranteed Job Opportunity Act
22 is amended by repealing Sections 20 and 60.
23 Section 99. Effective date. This Act takes effect July
24 1, 1997.