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90_HB1437ham002
LRB9004146PTcwam02
1 AMENDMENT TO HOUSE BILL 1437
2 AMENDMENT NO. . Amend House Bill 1437, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning guaranteed job opportunity projects.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Guaranteed Job Opportunity Act
9 is amended by changing Sections 10, 15, 25, 30, 35, 40, 45,
10 50, 55, and 65 as follows:
11 (20 ILCS 1510/10)
12 Sec. 10. Definitions. As used in this Act:
13 "Department" means the Department of Human Services.
14 "Eligible area" means a county or unit of general local
15 government that has a population of no more than 300,000.
16 (a) "Participant" means an individual who is determined
17 to be eligible under Section 25.
18 (b) "Project" means the definable task or group of tasks
19 which:
20 (1) will be carried out by a public agency, a
21 private nonprofit organization, a private contractor, or
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1 a cooperative,
2 (2) (Blank), will meet the requirements of
3 subsection (f) of Section 35,
4 (3) will result in a specific product or
5 accomplishment, and
6 (4) would not otherwise be conducted with existing
7 funds.
8 "Secretary" (c) "Director" means the Secretary of Human
9 Services Director of Labor.
10 (Source: P.A. 88-114.)
11 (20 ILCS 1510/15)
12 Sec. 15. Establishment of program. The Department of
13 Human Services may issue grants for the operation of projects
14 under this Act. The issuance of the grants is subject to the
15 availability of State or federal funds and at the discretion
16 of the Secretary of Human Services. Grants shall be made and
17 projects shall be assisted under this Act only to the extent
18 that funding from federal sources is available for those
19 purposes. From the sums appropriated by the General Assembly
20 for any fiscal year, the Director shall make grants to
21 Executive Councils established in accordance with Section 20
22 for the purpose of assisting local job projects which meet
23 the requirements of this Act. The General Assembly may
24 appropriate funds for the purposes of this Section from any
25 appropriate federal source, regardless of which State agency
26 is the initial recipient of the federal funds.
27 (Source: P.A. 88-114.)
28 (20 ILCS 1510/25)
29 Sec. 25. Program eligibility.
30 (a) General Rule. An individual is eligible to
31 participate in the job projects assisted under this Act if
32 the individual:
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1 (1) is at least 16 years of age;
2 (2) has resided in the eligible area for at least
3 30 days;
4 (3) has been unemployed for 35 days prior to the
5 determination of employment for job projects assisted
6 under this Act; and
7 (4) is a citizen of the United States, is a
8 national of the United States, is a lawfully admitted
9 permanent resident alien, is a lawfully admitted refugee
10 or parolee, or is otherwise authorized by the United
11 States Attorney General to work in the United States; and
12 (5) is a recipient of assistance under Article IV
13 of the Illinois Public Aid Code.
14 (b) Limitations.
15 (1) (Blank). Not more than 2 individuals who
16 reside in any household may be eligible for a job
17 assisted under this Act.
18 (2) (Blank). No individual whose earned income for
19 the year preceding the year in which the determination of
20 employment under this Act is made is equal to or more
21 than $17,000, or who has a combined family income in the
22 year in which the determination of employment under this
23 Act is made which is equal to or more than $17,000 a
24 year, may be eligible for a job assisted under this Act.
25 (3) No individual participating in the job
26 opportunity project assisted under this Act may work in
27 any compensated job other than the job assisted under
28 this Act for more than 20 16 hours per week.
29 (4) Individuals Each individual participating in
30 the job project assisted under this Act shall
31 demonstrate, to the project manager of the job project
32 assisted under this Act shall, that the individual sought
33 employment in the private sector during the 35 days prior
34 to making application for employment under this Act and
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1 will continue to seek employment during the period of
2 employment assisted under this Act.
3 (5) Any individual eligible for retirement benefits
4 under the Social Security Act, under any retirement
5 system for Federal Government employees, under the
6 railroad retirement system, under the military retirement
7 system, under a State or local government pension plan or
8 retirement system, or any private pension program is not
9 eligible to receive a job under a job project assisted
10 under this Act.
11 (Source: P.A. 88-114.)
12 (20 ILCS 1510/30)
13 Sec. 30. Testing and Education requirements. Any
14 individual who has not completed high school and who
15 participates in a job project under this Act shall enroll in
16 and maintain satisfactory progress in a secondary school or
17 an adult basic education or GED program. Any individual with
18 limited English speaking ability shall participate in an
19 English as a Second Language program.
20 (a) Testing. Each participant shall be tested for basic
21 reading and writing competence by the District Executive
22 Council prior to employment by a job project assisted under
23 this Act.
24 (b) Education Requirement.
25 (1) Each participant who fails to complete
26 satisfactorily the basic competency test required by
27 subsection (a) of this Section shall be furnished
28 counseling and instruction.
29 (2) Each participant in a job project assisted under
30 this Act shall, in order to continue employment, maintain
31 satisfactory progress toward and receive a secondary
32 school diploma or its equivalent.
33 (3) Each participant with limited English speaking
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1 ability may be furnished instruction as the District
2 Executive Council deems appropriate.
3 (Source: P.A. 88-114.)
4 (20 ILCS 1510/35)
5 Sec. 35. Local Job Projects.
6 (a) General authority. The Department may accept
7 applications and issue grants for operation of projects under
8 this Act. Each District Executive Council shall select job
9 projects to be assisted under this Act. Each job project
10 selected for assistance shall provide employment to eligible
11 participants.
12 (b) Project Objection. Each selected project shall
13 provide subsidized employment to Temporary Assistance for
14 Needy Families (TANF) participants for a period of not more
15 than 6 months. The selected projects shall demonstrate their
16 ability to move clients from participation in the project to
17 unsubsidized employment. No project may be selected under
18 this Section if an objection to the project is filed by 2
19 representatives appointed under subparagraph (A) of paragraph
20 (3) of subsection (a) of Section 20 or by 2 representatives
21 appointed under subparagraph (B) of paragraph (3) of
22 subsection (a) of Section 20.
23 (c) Political affiliation prohibited. No manager or
24 other officer or employee of a District Executive Council or
25 of the job project assisted under this Act may apply a
26 political affiliation test in selecting eligible
27 participation for employment in the project.
28 (d) Limitations.
29 (1) Not more than 10% of the total expenses in any
30 fiscal year of the job project may be used for
31 transportation and equipment.
32 (2) (Blank). Not more than 10% of the individuals
33 employed in any job project assisted under this Act may
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1 be employed to supervise a project. Individuals selected
2 as supervisors may be selected without regard to the
3 provisions of Section 25 and may receive wages in excess
4 of the rate determined under Section 40. The limitation
5 on the ratio of supervisors to employees shall not apply
6 where more supervision of eligible participants will
7 contribute to carrying out the objectives of this Act.
8 (e) Maximum hours per week employed. No eligible
9 participant employed in a job project assisted under this Act
10 may be employed on the project for more than 32 hours per
11 week.
12 (f) (Blank). Project Progress Reports. Each project
13 manager shall prepare and submit to the District Executive
14 Council monthly progress reports on the job project assisted
15 under this Act.
16 (Source: P.A. 88-114.)
17 (20 ILCS 1510/40)
18 Sec. 40. Benefits; supportive services; job clubs.
19 (a) Wages. Each eligible participant who is employed in
20 job projects assisted under this Act shall receive wages
21 equal to the higher of (1) the minimum wage under Section
22 6(a)(1) of the Fair Labor Standards Act of 1938 or , (2) the
23 minimum wage under the applicable minimum wage law, or (3)
24 the amount which the eligible participant received in welfare
25 benefits pursuant to the State plan approved under Part A of
26 Title IV of the Social Security Act or in the form of
27 unemployment compensation, if applicable, plus 10% of the
28 amount, whichever is higher.
29 (b) Benefits. Each eligible participant who is employed
30 in projects assisted under this Act shall be furnished
31 benefits and employment conditions comparable to the benefits
32 and conditions provided to other employees employed in
33 similar occupations by a comparable employer, but No
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1 participant shall be eligible for unemployment compensation
2 during or on the basis of employment in a project.
3 (c) Supportive services. Each eligible participant who
4 is employed in projects assisted under this Act shall be
5 eligible for supportive services as provided under rules
6 developed by the Department, which may include
7 transportation, health care, special services and materials
8 for the handicapped, child care and other services which are
9 necessary to enable the individual to participate.
10 (d) Job clubs. All participants shall participate in a
11 job club. The project shall operate or otherwise make
12 arrangements for each participant to participate in a job
13 club. Each District Executive Council shall establish for the
14 eligible area job clubs to assist eligible participants with
15 the preparation of resumes, the development of interviewing
16 techniques, evaluation of individual job search activities,
17 and economic education classes.
18 (Source: P.A. 88-114.)
19 (20 ILCS 1510/45)
20 Sec. 45. Labor standards applicable to job projects.
21 (a) Conditions of employment.
22 (1) Conditions of employment and training shall be
23 appropriate and reasonable in light of factors such as
24 the type of work, geographical region, and proficiency of
25 the participant.
26 (2) Health and safety standards established under
27 State and Federal law, otherwise applicable to working
28 conditions of employees, shall be equally applicable to
29 working conditions of participants. With respect to any
30 participant in a job project conducted under this Act who
31 is engaged in activities which are not covered by health
32 and safety standards under the Occupational Safety and
33 Health Act of 1970, the Director shall prescribe, by
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1 regulation, standards as may be necessary to protect the
2 health and safety of a participant.
3 (3) No funds available under this Act may be used
4 for contributions on behalf of any participant to
5 retirement systems or plans.
6 (b) Displacement rules.
7 (1) No currently employed worker shall be displaced
8 by any participant, including partial displacement such
9 as a reduction in the hours of nonovertime work, wages,
10 or employment benefits.
11 (2) No job project shall impair existing contracts
12 for services or collective bargaining agreements, except
13 that no job project under this Act which would be
14 inconsistent with the terms of a collective bargaining
15 agreement shall be undertaken without the written
16 concurrence of the labor organization and employer
17 concerned.
18 (3) No participant shall be employed or job opening
19 filled when any other individual is on layoff from the
20 same or any substantially equivalent job, or when the
21 employer has terminated the employment of any regular
22 employee or otherwise reduced its workforce with the
23 intention of filling the vacancy so created by hiring a
24 participant whose wages are subsidized under this Act.
25 (4) No jobs shall be created in a promotional line
26 that will infringe in any way upon the promotional
27 opportunities of currently employed individuals.
28 (Source: P.A. 88-114.)
29 (20 ILCS 1510/50)
30 Sec. 50. Nondiscrimination.
31 (a) General rule.
32 (1) Discrimination on the basis of age, on the
33 basis of handicap, on the basis of sex, or on the basis
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1 of race, color, or national origin is prohibited.
2 (2) No individual shall be excluded from
3 participation in, denied the benefits of, subjected to
4 discrimination under, or denied employment in the
5 administration of or in connection with any project
6 because of race, color, religion, sex, national origin,
7 age, handicap, or political affiliation or belief.
8 (3) (Blank). No participant shall be employed on
9 the construction, operation, or maintenance of any
10 facility used or to be used for sectarian instruction or
11 as a place for religious worship.
12 (4) With respect to terms and conditions affecting,
13 or rights provided to, individuals who are participants
14 in activities supported by funds provided under this Act,
15 the individuals shall not be discriminated against solely
16 because of their status as the participants.
17 (b) (Blank). Failure To Comply With Rules. Whenever
18 the Director finds that a recipient has failed to comply with
19 subsection (a) of this Section, or with an applicable
20 regulation prescribed to carry out this Section, the Director
21 shall notify the recipient and shall request compliance. If
22 within a reasonable period of time, not to exceed 60 days,
23 the recipient fails or refuses to comply, the Director may
24 (1) refer the matter to the Attorney General with a
25 recommendation that an appropriate civil action be
26 instituted, or (2) take other action as may be provided by
27 law.
28 (c) (Blank). Referral to Attorney General. When a
29 matter is referred to the Attorney General pursuant to
30 paragraph (1) of subsection (b), or whenever the Attorney
31 General has reason to believe that a recipient is engaged in
32 a pattern or practice in violation of subsection (a), the
33 Attorney General may bring a civil action in any appropriate
34 court of the State of Illinois for relief as may be
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1 appropriate, including injunctive relief.
2 (Source: P.A. 88-114.)
3 (20 ILCS 1510/55)
4 Sec. 55. Evaluation. The project Each District
5 Executive Council shall establish and maintain a an
6 evaluation file for each individual employed in a project
7 assisted under this Act. These files shall be available to
8 the Department upon request. The evaluation file shall be
9 made available to the participant monthly and shall not be
10 available to any other person without the consent of the
11 employee. In carrying out the provisions of this Section,
12 each Council shall assure that the participant will be
13 afforded the opportunity to discuss any matter contained in,
14 or omitted from, the file.
15 (Source: P.A. 88-114.)
16 (20 ILCS 1510/65)
17 Sec. 65. Evaluation. The Department shall conduct an
18 evaluation of the success of the projects funded under this
19 Act. Each project shall cooperate with the Department in the
20 collection of any data needed for the evaluation.
21 Administration.
22 (a) Accepting Property For Use Under This Act. The
23 Director is authorized, in carrying out this Act, to accept,
24 purchase, or lease in the name of the Department, and employ
25 or dispose of in furtherance of the purpose of this Act, any
26 money or property, real, personal, or mixed, tangible or
27 intangible, received by gift, devise, bequest, or otherwise,
28 and to accept voluntary and uncompensated services.
29 (b) General Administrative Authority. The Director may
30 make grants, contracts, or agreements, establish procedures
31 and make payments, in installments, in advance or by way of
32 reimbursement, or otherwise allocate or expend funds under
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1 this Act as necessary to carry out this Act, including
2 expenditures for construction, repairs, and capital
3 improvements, and including necessary adjustments in payments
4 on account of overpayments or underpayments.
5 (c) Waiver Authority. The Director may waive:
6 (1) the testing requirement for individuals with
7 handicaps;
8 (2) the education requirement in paragraph (2) of
9 subsection (b) of Section 30; and
10 (3) subject to a 2/3 vote of each District
11 Executive Council, the requirement relating to a 32-hour
12 work week under subsection (e) of Section 35 for unusual
13 circumstances.
14 (d) Report. The Director shall prepare and submit to
15 the General Assembly an annual report on the administration
16 of this Act. The Director shall include the following in the
17 report:
18 (1) a summary of the achievements, failures, and
19 problems of the programs authorized in this Act in
20 meeting the objective of this Act; and
21 (2) recommendations, including recommendations for
22 legislative or administrative action, as the Director
23 deems appropriate.
24 (e) Audit. The Auditor General of the State of Illinois
25 and any authorized representatives shall have access for the
26 purpose of audit and examination to any books, documents,
27 papers, and records, of any recipient under this Act that are
28 pertinent to the amounts received and disbursed under this
29 Act.
30 (f) Adoption of rules. The Director may adopt
31 appropriate rules to carry out this Act.
32 (Source: P.A. 88-114.)
33 (20 ILCS 1510/20 rep.)
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1 (20 ILCS 1510/60 rep.)
2 Section 10. The Illinois Guaranteed Job Opportunity Act
3 is amended by repealing Sections 20 and 60.
4 Section 99. Effective date. This Act takes effect July
5 1, 1997.".