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| [ Introduced ] | [ House Amendment 001 ] |
92_HB4377eng HB4377 Engrossed 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 of20subsection (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 ServicesDirector 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 HB4377 Engrossed -2- LRB9215116REks 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 and4projects shall be assisted under this Act only to the extent5that funding from federal sources is available for those6purposes. From the sums appropriated by the General Assembly7for any fiscal year, the Director shall make grants to8Executive Councils established in accordance with Section 209for the purpose of assisting local job projects which meet10the 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;and27 (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. HB4377 Engrossed -3- LRB9215116REks 1 (b) Limitations. 2 (1) (Blank).Not more than 2 individuals who3reside in any household may be eligible for a job4assisted under this Act.5 (2) (Blank).No individual whose earned income for6the year preceding the year in which the determination of7employment under this Act is made is equal to or more8than $17,000, or who has a combined family income in the9year in which the determination of employment under this10Act is made which is equal to or more than $17,000 a11year, 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 2016hours per week. 16 (4) IndividualsEach individualparticipatingin17the job project assisted under this Act shall18demonstrate, to the project manager of the job project19assistedunder this Act shall, that the individual sought20employment in the private sector during the 35 days prior21to making application for employment under this Act and22will continue toseek 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) HB4377 Engrossed -4- LRB9215116REks 1 Sec. 30.Testing andEducation requirements. Any 2 individual who has not completed high school and who 3 participates in a job project under this Act may enroll, if 4 appropriate, in and maintain satisfactory progress in a 5 secondary school or an adult basic education or GED program. 6 Any individual with limited English speaking ability may 7 participate, if appropriate, in an English as a Second 8 Language program. 9(a) Testing. Each participant shall be tested for basic10reading and writing competence by the District Executive11Council prior to employment by a job project assisted under12this Act.13(b) Education Requirement.14(1) Each participant who fails to complete15satisfactorily the basic competency test required by16subsection (a) of this Section shall be furnished17counseling and instruction.18(2) Each participant in a job project assisted under19this Act shall, in order to continue employment, maintain20satisfactory progress toward and receive a secondary21school diploma or its equivalent.22(3) Each participant with limited English speaking23ability may be furnished instruction as the District24Executive Council deems appropriate.25 (Source: P.A. 88-114.) 26 (20 ILCS 1510/35) 27 Sec. 35. Local Job Projects. 28 (a) General authority. The Department may accept 29 applications and issue grants for operation of projects under 30 this Act.Each District Executive Council shall select job31projects to be assisted under this Act. Each job project32selected for assistance shall provide employment to eligible33participants.HB4377 Engrossed -5- LRB9215116REks 1 (b) ProjectObjection. Each selected project shall 2 provide subsidized employment to Temporary Assistance for 3 Needy Families (TANF) participants for a period of not more 4 than 6 months. The selected projects shall demonstrate their 5 ability to move clients from participation in the project to 6 unsubsidized employment.No project may be selected under7this Section if an objection to the project is filed by 28representatives appointed under subparagraph (A) of paragraph9(3) of subsection (a) of Section 20 or by 2 representatives10appointed under subparagraph (B) of paragraph (3) of11subsection (a) of Section 20.12 (c) Political affiliation prohibited. No manager or 13 other officer or employee ofa District Executive Council or14ofthe job project assisted under this Act may apply a 15 political affiliation test in selecting eligible 16 participation for employment in the project. 17 (d) Limitations. 18 (1) Not more than 10% of the total expenses in any 19 fiscal year of the job project may be used for 20 transportation and equipment. 21 (2) (Blank).Not more than 10% of the individuals22employed in any job project assisted under this Act may23be employed to supervise a project. Individuals selected24as supervisors may be selected without regard to the25provisions of Section 25 and may receive wages in excess26of the rate determined under Section 40. The limitation27on the ratio of supervisors to employees shall not apply28where more supervision of eligible participants will29contribute to carrying out the objectives of this Act.30 (e) MinimumMaximumhours per week employed. No 31 eligible participant employed in a job project assisted under 32 this Act may be employed on the project for lessmorethan 30 3332hours per week. 34 (f) (Blank).Project Progress Reports. Each projectHB4377 Engrossed -6- LRB9215116REks 1manager shall prepare and submit to the District Executive2Council monthly progress reports on the job project assisted3under this Act.4 (Source: P.A. 88-114.) 5 (20 ILCS 1510/40) 6 Sec. 40. Benefits; supportive services; job clubs. 7 (a) Wages. Each eligible participant who is employed in 8 job projects assisted under this Act shall receive wages 9 equal to the higher of (1) the minimum wage under Section 10 6(a)(1) of the Fair Labor Standards Act of 1938 or,(2) the 11 minimum wage under the applicable minimum wage law, or (3)12the amount which the eligible participant received in welfare13benefits pursuant to the State plan approved under Part A of14Title IV of the Social Security Act or in the form of15unemployment compensation, if applicable, plus 10% of the16amount, whichever is higher. 17 (b)Benefits. Each eligible participant who is employed18in projects assisted under this Act shall be furnished19benefits and employment conditions comparable to the benefits20and conditions provided to other employees employed in21similar occupations by a comparable employer, butNo 22 participant shall be eligible for unemployment compensation 23 during or on the basis of employment in a project. 24 (c) Supportive services. Each eligible participant who 25 is employed in projects assisted under this Act shall be 26 eligible for supportive services as provided under rules 27 developed by the Department, which may include28transportation, health care, special services and materials29for the handicapped, child care and other services which are30necessary to enable the individual to participate. 31 (d) Job clubs. All participants shall participate in a 32 job club. The project shall operate or otherwise make 33 arrangements for each participant to participate in a job HB4377 Engrossed -7- LRB9215116REks 1 club.Each District Executive Council shall establish for the2eligible area job clubs to assist eligible participants with3the preparation of resumes, the development of interviewing4techniques, evaluation of individual job search activities,5and economic education classes.6 (Source: P.A. 88-114.) 7 (20 ILCS 1510/45) 8 Sec. 45. Labor standards applicable to job projects. 9 (a) Conditions of employment. 10 (1) Conditions of employment and training shall be 11 appropriate and reasonable in light of factors such as 12 the type of work, geographical region, and proficiency of 13 the participant. 14 (2) Health and safety standards established under 15 State and Federal law, otherwise applicable to working 16 conditions of employees, shall be equally applicable to 17 working conditions of participants.With respect to any18participant in a job project conducted under this Act who19is engaged in activities which are not covered by health20and safety standards under the Occupational Safety and21Health Act of 1970, the Director shall prescribe, by22regulation, standards as may be necessary to protect the23health and safety of a participant.24 (3) No funds available under this Act may be used 25 for contributions on behalf of any participant to 26 retirement systems or plans. 27 (b) Displacement rules. 28 (1) No currently employed worker shall be displaced 29 by any participant, including partial displacement such 30 as a reduction in the hours of nonovertime work, wages, 31 or employment benefits. 32 (2) No job project shall impair existing contracts 33 for services or collective bargaining agreements, except HB4377 Engrossed -8- LRB9215116REks 1 that no job project under this Act which would be 2 inconsistent with the terms of a collective bargaining 3 agreement shall be undertaken without the written 4 concurrence of the labor organization and employer 5 concerned. 6 (3) No participant shall be employed or job opening 7 filled when any other individual is on layoff from the 8 same or any substantially equivalent job, or when the 9 employer has terminated the employment of any regular 10 employee or otherwise reduced its workforce with the 11 intention of filling the vacancy so created by hiring a 12 participant whose wages are subsidized under this Act. 13 (4) No jobs shall be created in a promotional line 14 that will infringe in any way upon the promotional 15 opportunities of currently employed individuals. 16 (Source: P.A. 88-114.) 17 (20 ILCS 1510/50) 18 Sec. 50. Nondiscrimination. 19 (a) General rule. 20 (1) Discrimination on the basis of age, on the 21 basis of handicap, on the basis of sex, or on the basis 22 of race, color, or national origin is prohibited. 23 (2) No individual shall be excluded from 24 participation in, denied the benefits of, subjected to 25 discrimination under, or denied employment in the 26 administration of or in connection with any project 27 because of race, color, religion, sex, national origin, 28 age, handicap, or political affiliation or belief. 29 (3) (Blank).No participant shall be employed on30the construction, operation, or maintenance of any31facility used or to be used for sectarian instruction or32as a place for religious worship.33 (4) With respect to terms and conditions affecting, HB4377 Engrossed -9- LRB9215116REks 1 or rights provided to, individuals who are participants 2 in activities supported by funds provided under this Act, 3 the individuals shall not be discriminated against solely 4 because of their status as the participants. 5 (b) (Blank).Failure To Comply With Rules. Whenever6the Director finds that a recipient has failed to comply with7subsection (a) of this Section, or with an applicable8regulation prescribed to carry out this Section, the Director9shall notify the recipient and shall request compliance. If10within a reasonable period of time, not to exceed 60 days,11the recipient fails or refuses to comply, the Director may12(1) refer the matter to the Attorney General with a13recommendation that an appropriate civil action be14instituted, or (2) take other action as may be provided by15law.16 (c) (Blank).Referral to Attorney General. When a17matter is referred to the Attorney General pursuant to18paragraph (1) of subsection (b), or whenever the Attorney19General has reason to believe that a recipient is engaged in20a pattern or practice in violation of subsection (a), the21Attorney General may bring a civil action in any appropriate22court of the State of Illinois for relief as may be23appropriate, including injunctive relief.24 (Source: P.A. 88-114.) 25 (20 ILCS 1510/55) 26 Sec. 55. Evaluation. The projectEach District27Executive Councilshallestablish andmaintain aan28evaluationfile for each individual employedin a project29assisted under this Act. These files shall be available to 30 the Department upon request.The evaluation file shall be31made available to the participant monthly and shall not be32available to any other person without the consent of the33employee. In carrying out the provisions of this Section,HB4377 Engrossed -10- LRB9215116REks 1each Council shall assure that the participant will be2afforded the opportunity to discuss any matter contained in,3or omitted from, the file.4 (Source: P.A. 88-114.) 5 (20 ILCS 1510/65) 6 Sec. 65. Evaluation. The Department shall conduct an 7 evaluation of the success of the projects funded under this 8 Act. Each project shall cooperate with the Department in the 9 collection of any data needed for the evaluation. 10Administration.11(a) Accepting Property For Use Under This Act. The12Director is authorized, in carrying out this Act, to accept,13purchase, or lease in the name of the Department, and employ14or dispose of in furtherance of the purpose of this Act, any15money or property, real, personal, or mixed, tangible or16intangible, received by gift, devise, bequest, or otherwise,17and to accept voluntary and uncompensated services.18(b) General Administrative Authority. The Director may19make grants, contracts, or agreements, establish procedures20and make payments, in installments, in advance or by way of21reimbursement, or otherwise allocate or expend funds under22this Act as necessary to carry out this Act, including23expenditures for construction, repairs, and capital24improvements, and including necessary adjustments in payments25on account of overpayments or underpayments.26(c) Waiver Authority. The Director may waive:27(1) the testing requirement for individuals with28handicaps;29(2) the education requirement in paragraph (2) of30subsection (b) of Section 30; and31(3) subject to a 2/3 vote of each District32Executive Council, the requirement relating to a 32-hour33work week under subsection (e) of Section 35 for unusualHB4377 Engrossed -11- LRB9215116REks 1circumstances.2(d) Report. The Director shall prepare and submit to3the General Assembly an annual report on the administration4of this Act. The Director shall include the following in the5report:6(1) a summary of the achievements, failures, and7problems of the programs authorized in this Act in8meeting the objective of this Act; and9(2) recommendations, including recommendations for10legislative or administrative action, as the Director11deems appropriate.12(e) Audit. The Auditor General of the State of Illinois13and any authorized representatives shall have access for the14purpose of audit and examination to any books, documents,15papers, and records, of any recipient under this Act that are16pertinent to the amounts received and disbursed under this17Act.18(f) Adoption of rules. The Director may adopt19appropriate rules to carry out this Act.20 (Source: P.A. 88-114.) 21 (20 ILCS 1510/20 rep.) 22 (20 ILCS 1510/60 rep.) 23 Section 10. The Illinois Guaranteed Job Opportunity Act 24 is amended by repealing Sections 20 and 60. 25 Section 99. Effective date. This Act takes effect July 26 1, 2002.