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92_HB4377
LRB9215116REks
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
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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 State source or from any appropriate federal
13 source, regardless of which State agency is the initial
14 recipient of the federal funds.
15 (Source: P.A. 88-114.)
16 (20 ILCS 1510/25)
17 Sec. 25. Program eligibility.
18 (a) General Rule. An individual is eligible to
19 participate in the job projects assisted under this Act if
20 the individual:
21 (1) is at least 16 years of age;
22 (2) has resided in the eligible area for at least
23 30 days;
24 (3) has been unemployed for 35 days prior to the
25 determination of employment for job projects assisted
26 under this Act; and
27 (4) is a citizen of the United States, is a
28 national of the United States, is a lawfully admitted
29 permanent resident alien, is a lawfully admitted refugee
30 or parolee, or is otherwise authorized by the United
31 States Attorney General to work in the United States; and
32 (5) is a recipient of assistance under Article IV
33 of the Illinois Public Aid Code.
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1 (b) Limitations.
2 (1) (Blank). Not more than 2 individuals who
3 reside in any household may be eligible for a job
4 assisted under this Act.
5 (2) (Blank). No individual whose earned income for
6 the year preceding the year in which the determination of
7 employment under this Act is made is equal to or more
8 than $17,000, or who has a combined family income in the
9 year in which the determination of employment under this
10 Act is made which is equal to or more than $17,000 a
11 year, may be eligible for a job assisted under this Act.
12 (3) No individual participating in the job
13 opportunity project assisted under this Act may work in
14 any compensated job other than the job assisted under
15 this Act for more than 20 16 hours per week.
16 (4) Individuals Each individual participating in
17 the job project assisted under this Act shall
18 demonstrate, to the project manager of the job project
19 assisted under this Act shall, that the individual sought
20 employment in the private sector during the 35 days prior
21 to making application for employment under this Act and
22 will continue to seek employment during the period of
23 employment assisted under this Act.
24 (5) Any individual eligible for retirement benefits
25 under the Social Security Act, under any retirement
26 system for Federal Government employees, under the
27 railroad retirement system, under the military retirement
28 system, under a State or local government pension plan or
29 retirement system, or any private pension program is not
30 eligible to receive a job under a job project assisted
31 under this Act.
32 (Source: P.A. 88-114.)
33 (20 ILCS 1510/30)
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1 Sec. 30. Testing and Education requirements. Any
2 individual who has not completed high school and who
3 participates in a job project under this Act shall enroll in
4 and maintain satisfactory progress in a secondary school or
5 an adult basic education or GED program. Any individual with
6 limited English speaking ability shall participate in an
7 English as a Second Language program.
8 (a) Testing. Each participant shall be tested for basic
9 reading and writing competence by the District Executive
10 Council prior to employment by a job project assisted under
11 this Act.
12 (b) Education Requirement.
13 (1) Each participant who fails to complete
14 satisfactorily the basic competency test required by
15 subsection (a) of this Section shall be furnished
16 counseling and instruction.
17 (2) Each participant in a job project assisted under
18 this Act shall, in order to continue employment, maintain
19 satisfactory progress toward and receive a secondary
20 school diploma or its equivalent.
21 (3) Each participant with limited English speaking
22 ability may be furnished instruction as the District
23 Executive Council deems appropriate.
24 (Source: P.A. 88-114.)
25 (20 ILCS 1510/35)
26 Sec. 35. Local Job Projects.
27 (a) General authority. The Department may accept
28 applications and issue grants for operation of projects under
29 this Act. Each District Executive Council shall select job
30 projects to be assisted under this Act. Each job project
31 selected for assistance shall provide employment to eligible
32 participants.
33 (b) Project Objection. Each selected project shall
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1 provide subsidized employment to Temporary Assistance for
2 Needy Families (TANF) participants for a period of not more
3 than 6 months. The selected projects shall demonstrate their
4 ability to move clients from participation in the project to
5 unsubsidized employment. No project may be selected under
6 this Section if an objection to the project is filed by 2
7 representatives appointed under subparagraph (A) of paragraph
8 (3) of subsection (a) of Section 20 or by 2 representatives
9 appointed under subparagraph (B) of paragraph (3) of
10 subsection (a) of Section 20.
11 (c) Political affiliation prohibited. No manager or
12 other officer or employee of a District Executive Council or
13 of the job project assisted under this Act may apply a
14 political affiliation test in selecting eligible
15 participation for employment in the project.
16 (d) Limitations.
17 (1) Not more than 10% of the total expenses in any
18 fiscal year of the job project may be used for
19 transportation and equipment.
20 (2) (Blank). Not more than 10% of the individuals
21 employed in any job project assisted under this Act may
22 be employed to supervise a project. Individuals selected
23 as supervisors may be selected without regard to the
24 provisions of Section 25 and may receive wages in excess
25 of the rate determined under Section 40. The limitation
26 on the ratio of supervisors to employees shall not apply
27 where more supervision of eligible participants will
28 contribute to carrying out the objectives of this Act.
29 (e) Maximum hours per week employed. No eligible
30 participant employed in a job project assisted under this Act
31 may be employed on the project for more than 32 hours per
32 week.
33 (f) (Blank). Project Progress Reports. Each project
34 manager shall prepare and submit to the District Executive
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1 Council monthly progress reports on the job project assisted
2 under this Act.
3 (Source: P.A. 88-114.)
4 (20 ILCS 1510/40)
5 Sec. 40. Benefits; supportive services; job clubs.
6 (a) Wages. Each eligible participant who is employed in
7 job projects assisted under this Act shall receive wages
8 equal to the higher of (1) the minimum wage under Section
9 6(a)(1) of the Fair Labor Standards Act of 1938 or , (2) the
10 minimum wage under the applicable minimum wage law, or (3)
11 the amount which the eligible participant received in welfare
12 benefits pursuant to the State plan approved under Part A of
13 Title IV of the Social Security Act or in the form of
14 unemployment compensation, if applicable, plus 10% of the
15 amount, whichever is higher.
16 (b) Benefits. Each eligible participant who is employed
17 in projects assisted under this Act shall be furnished
18 benefits and employment conditions comparable to the benefits
19 and conditions provided to other employees employed in
20 similar occupations by a comparable employer, but No
21 participant shall be eligible for unemployment compensation
22 during or on the basis of employment in a project.
23 (c) Supportive services. Each eligible participant who
24 is employed in projects assisted under this Act shall be
25 eligible for supportive services as provided under rules
26 developed by the Department, which may include
27 transportation, health care, special services and materials
28 for the handicapped, child care and other services which are
29 necessary to enable the individual to participate.
30 (d) Job clubs. All participants shall participate in a
31 job club. The project shall operate or otherwise make
32 arrangements for each participant to participate in a job
33 club. Each District Executive Council shall establish for the
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1 eligible area job clubs to assist eligible participants with
2 the preparation of resumes, the development of interviewing
3 techniques, evaluation of individual job search activities,
4 and economic education classes.
5 (Source: P.A. 88-114.)
6 (20 ILCS 1510/45)
7 Sec. 45. Labor standards applicable to job projects.
8 (a) Conditions of employment.
9 (1) Conditions of employment and training shall be
10 appropriate and reasonable in light of factors such as
11 the type of work, geographical region, and proficiency of
12 the participant.
13 (2) Health and safety standards established under
14 State and Federal law, otherwise applicable to working
15 conditions of employees, shall be equally applicable to
16 working conditions of participants. With respect to any
17 participant in a job project conducted under this Act who
18 is engaged in activities which are not covered by health
19 and safety standards under the Occupational Safety and
20 Health Act of 1970, the Director shall prescribe, by
21 regulation, standards as may be necessary to protect the
22 health and safety of a participant.
23 (3) No funds available under this Act may be used
24 for contributions on behalf of any participant to
25 retirement systems or plans.
26 (b) Displacement rules.
27 (1) No currently employed worker shall be displaced
28 by any participant, including partial displacement such
29 as a reduction in the hours of nonovertime work, wages,
30 or employment benefits.
31 (2) No job project shall impair existing contracts
32 for services or collective bargaining agreements, except
33 that no job project under this Act which would be
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1 inconsistent with the terms of a collective bargaining
2 agreement shall be undertaken without the written
3 concurrence of the labor organization and employer
4 concerned.
5 (3) No participant shall be employed or job opening
6 filled when any other individual is on layoff from the
7 same or any substantially equivalent job, or when the
8 employer has terminated the employment of any regular
9 employee or otherwise reduced its workforce with the
10 intention of filling the vacancy so created by hiring a
11 participant whose wages are subsidized under this Act.
12 (4) No jobs shall be created in a promotional line
13 that will infringe in any way upon the promotional
14 opportunities of currently employed individuals.
15 (Source: P.A. 88-114.)
16 (20 ILCS 1510/50)
17 Sec. 50. Nondiscrimination.
18 (a) General rule.
19 (1) Discrimination on the basis of age, on the
20 basis of handicap, on the basis of sex, or on the basis
21 of race, color, or national origin is prohibited.
22 (2) No individual shall be excluded from
23 participation in, denied the benefits of, subjected to
24 discrimination under, or denied employment in the
25 administration of or in connection with any project
26 because of race, color, religion, sex, national origin,
27 age, handicap, or political affiliation or belief.
28 (3) (Blank). No participant shall be employed on
29 the construction, operation, or maintenance of any
30 facility used or to be used for sectarian instruction or
31 as a place for religious worship.
32 (4) With respect to terms and conditions affecting,
33 or rights provided to, individuals who are participants
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1 in activities supported by funds provided under this Act,
2 the individuals shall not be discriminated against solely
3 because of their status as the participants.
4 (b) (Blank). Failure To Comply With Rules. Whenever
5 the Director finds that a recipient has failed to comply with
6 subsection (a) of this Section, or with an applicable
7 regulation prescribed to carry out this Section, the Director
8 shall notify the recipient and shall request compliance. If
9 within a reasonable period of time, not to exceed 60 days,
10 the recipient fails or refuses to comply, the Director may
11 (1) refer the matter to the Attorney General with a
12 recommendation that an appropriate civil action be
13 instituted, or (2) take other action as may be provided by
14 law.
15 (c) (Blank). Referral to Attorney General. When a
16 matter is referred to the Attorney General pursuant to
17 paragraph (1) of subsection (b), or whenever the Attorney
18 General has reason to believe that a recipient is engaged in
19 a pattern or practice in violation of subsection (a), the
20 Attorney General may bring a civil action in any appropriate
21 court of the State of Illinois for relief as may be
22 appropriate, including injunctive relief.
23 (Source: P.A. 88-114.)
24 (20 ILCS 1510/55)
25 Sec. 55. Evaluation. The project Each District
26 Executive Council shall establish and maintain a an
27 evaluation file for each individual employed in a project
28 assisted under this Act. These files shall be available to
29 the Department upon request. The evaluation file shall be
30 made available to the participant monthly and shall not be
31 available to any other person without the consent of the
32 employee. In carrying out the provisions of this Section,
33 each Council shall assure that the participant will be
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1 afforded the opportunity to discuss any matter contained in,
2 or omitted from, the file.
3 (Source: P.A. 88-114.)
4 (20 ILCS 1510/65)
5 Sec. 65. Evaluation. The Department shall conduct an
6 evaluation of the success of the projects funded under this
7 Act. Each project shall cooperate with the Department in the
8 collection of any data needed for the evaluation.
9 Administration.
10 (a) Accepting Property For Use Under This Act. The
11 Director is authorized, in carrying out this Act, to accept,
12 purchase, or lease in the name of the Department, and employ
13 or dispose of in furtherance of the purpose of this Act, any
14 money or property, real, personal, or mixed, tangible or
15 intangible, received by gift, devise, bequest, or otherwise,
16 and to accept voluntary and uncompensated services.
17 (b) General Administrative Authority. The Director may
18 make grants, contracts, or agreements, establish procedures
19 and make payments, in installments, in advance or by way of
20 reimbursement, or otherwise allocate or expend funds under
21 this Act as necessary to carry out this Act, including
22 expenditures for construction, repairs, and capital
23 improvements, and including necessary adjustments in payments
24 on account of overpayments or underpayments.
25 (c) Waiver Authority. The Director may waive:
26 (1) the testing requirement for individuals with
27 handicaps;
28 (2) the education requirement in paragraph (2) of
29 subsection (b) of Section 30; and
30 (3) subject to a 2/3 vote of each District
31 Executive Council, the requirement relating to a 32-hour
32 work week under subsection (e) of Section 35 for unusual
33 circumstances.
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1 (d) Report. The Director shall prepare and submit to
2 the General Assembly an annual report on the administration
3 of this Act. The Director shall include the following in the
4 report:
5 (1) a summary of the achievements, failures, and
6 problems of the programs authorized in this Act in
7 meeting the objective of this Act; and
8 (2) recommendations, including recommendations for
9 legislative or administrative action, as the Director
10 deems appropriate.
11 (e) Audit. The Auditor General of the State of Illinois
12 and any authorized representatives shall have access for the
13 purpose of audit and examination to any books, documents,
14 papers, and records, of any recipient under this Act that are
15 pertinent to the amounts received and disbursed under this
16 Act.
17 (f) Adoption of rules. The Director may adopt
18 appropriate rules to carry out this Act.
19 (Source: P.A. 88-114.)
20 (20 ILCS 1510/20 rep.)
21 (20 ILCS 1510/60 rep.)
22 Section 10. The Illinois Guaranteed Job Opportunity Act
23 is amended by repealing Sections 20 and 60.
24 Section 99. Effective date. This Act takes effect July
25 1, 2002.