Bill Text: IL SB1527 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Illinois Workforce Investment Board Act. Changes the name of the Act to the Illinois Workforce Innovation Board Act. Changes the name of the State Workforce Investment Board to the State Workforce Innovation Board. Provides that, on and after the effective date of the amendatory Act, appointments to the Board shall be made in accordance with the federal Workforce Innovation and Opportunity Act. Amends various other Acts to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1527 Detail]
Download: Illinois-2017-SB1527-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Open Meetings Act is amended by changing | ||||||
5 | Sections 2.01 and 7 as follows:
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6 | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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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.
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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.
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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 | innovation investment area with jurisdiction over a specific | ||||||
18 | geographic area of more than 4,500 square miles must be | ||||||
19 | physically present at the location of a closed meeting. Other | ||||||
20 | members who are not physically present at a closed meeting of | ||||||
21 | such a public body may participate in the meeting by means of a | ||||||
22 | video or audio conference.
For the purposes of this Section, | ||||||
23 | "local workforce innovation investment area" means any local | ||||||
24 | workforce innovation investment area or areas designated by the | ||||||
25 | Governor pursuant to the federal Workforce
Innovation and | ||||||
26 | Opportunity Act Workforce Investment Act of 1998 or its |
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1 | reauthorizing legislation. | ||||||
2 | (Source: P.A. 98-992, eff. 8-18-14.)
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3 | (5 ILCS 120/7)
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4 | Sec. 7. Attendance by a means other than physical presence. | ||||||
5 | (a) If a
quorum of the members of the public body is | ||||||
6 | physically present as required by Section 2.01, a majority of | ||||||
7 | the public body may allow a member of that body to attend the | ||||||
8 | meeting by other means if the member is prevented from | ||||||
9 | physically
attending because of: (i) personal illness or | ||||||
10 | disability; (ii) employment purposes or
the
business of the | ||||||
11 | public body; or (iii) a family or other emergency.
"Other | ||||||
12 | means" is by video or audio conference.
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13 | (b) If a member wishes to attend a meeting by other means, | ||||||
14 | the
member must notify the
recording secretary or clerk of the
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15 | public body before the meeting unless
advance notice is | ||||||
16 | impractical.
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17 | (c) A majority of the public body may allow a member to | ||||||
18 | attend a meeting by other means only in accordance with and to | ||||||
19 | the extent allowed by rules adopted by the public body. The | ||||||
20 | rules must conform to the requirements and restrictions of this | ||||||
21 | Section, may further limit the extent to which attendance by | ||||||
22 | other means is allowed, and may provide for the giving of | ||||||
23 | additional notice to the public or further facilitate public | ||||||
24 | access to meetings.
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25 | (d) The limitations of this Section shall not apply to (i) |
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1 | closed meetings of (A) public bodies with statewide | ||||||
2 | jurisdiction, (B) Illinois library systems with jurisdiction | ||||||
3 | over a specific geographic area of more than 4,500 square | ||||||
4 | miles, (C) municipal transit districts with jurisdiction over a | ||||||
5 | specific geographic area of more than 4,500 square miles, or | ||||||
6 | (D) local workforce innovation investment areas with | ||||||
7 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
8 | square miles or (ii) open or closed meetings of State advisory | ||||||
9 | boards or bodies that do not have authority to make binding | ||||||
10 | recommendations or determinations or to take any other | ||||||
11 | substantive action. State advisory boards or bodies, public | ||||||
12 | bodies with statewide jurisdiction, Illinois library systems | ||||||
13 | with jurisdiction over a specific geographic area of more than | ||||||
14 | 4,500 square miles, municipal transit districts with | ||||||
15 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
16 | square miles, and local workforce investment areas with | ||||||
17 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
18 | square miles, however, may permit members to attend meetings by | ||||||
19 | other means only in accordance with and to the extent allowed | ||||||
20 | by specific procedural rules adopted by the body.
For the | ||||||
21 | purposes of this Section, "local workforce innovation | ||||||
22 | investment area" means any local workforce innovation | ||||||
23 | investment area or areas designated by the Governor pursuant to | ||||||
24 | the federal Workforce
Innovation and Opportunity Act Workforce | ||||||
25 | Investment Act of 1998 or its reauthorizing legislation.
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26 | (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:
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3 | (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
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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
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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
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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:
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21 | (1) One representative of a parent training center | ||||||
22 | established in
accordance with the federal Individuals | ||||||
23 | with Disabilities Education Act.
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24 | (2) One representative of the Client Assistance |
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1 | Program.
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2 | (3) One vocational rehabilitation counselor who has | ||||||
3 | knowledge of and
experience with vocational rehabilitation | ||||||
4 | programs.
If an employee of the Department of Human | ||||||
5 | Services is appointed under this item, then he or she shall | ||||||
6 | serve
as an ex officio, nonvoting member.
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7 | (4) One representative of community rehabilitation | ||||||
8 | program service
providers.
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9 | (5) Four representatives of business, industry, and | ||||||
10 | labor.
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11 | (6) At least two but not more than five representatives | ||||||
12 | of disability advocacy groups representing a
cross section | ||||||
13 | of the following:
| ||||||
14 | (A) individuals with physical, cognitive, sensory, | ||||||
15 | and mental
disabilities; and
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16 | (B) parents, family members, guardians, advocates, | ||||||
17 | or authorized
representative of individuals with | ||||||
18 | disabilities who have difficulty in
representing | ||||||
19 | themselves or who are unable, due to their | ||||||
20 | disabilities, to
represent themselves.
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21 | (7) One current or former applicant for, or recipient | ||||||
22 | of, vocational
rehabilitation services.
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23 | (8) One representative from secondary or higher | ||||||
24 | education.
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25 | (9) One representative of the State Workforce | ||||||
26 | Innovation Investment Board.
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1 | (10) One representative of the Illinois State Board of | ||||||
2 | Education who is
knowledgeable about the Individuals with | ||||||
3 | Disabilities Education Act.
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4 | (11) The chairperson of, or a member designated by, the | ||||||
5 | Statewide Independent Living Council established under | ||||||
6 | Section 12a of the Rehabilitation of Persons with | ||||||
7 | Disabilities Act. | ||||||
8 | (12) The chairperson of, or a member designated by, the | ||||||
9 | Blind Services Planning Council established under Section | ||||||
10 | 7 of the Bureau for the Blind Act. | ||||||
11 | (13) The vocational rehabilitation administrator, as | ||||||
12 | defined in Section 1b of the Rehabilitation of Persons with | ||||||
13 | Disabilities Act, who shall serve as an ex officio, | ||||||
14 | nonvoting member.
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15 | The Council shall select a Chairperson.
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16 | The Chairperson and a majority of the
members of the | ||||||
17 | Council shall be persons who are individuals with disabilities. | ||||||
18 | At least one
member shall be a senior citizen age 60 or over, | ||||||
19 | and at least one member shall be at least 18 but not more than | ||||||
20 | 25 years old. A majority of the
Council members shall not be | ||||||
21 | employees of the Department of Human Services.
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22 | Members appointed to the Council for full terms on or after | ||||||
23 | the effective date of this amendatory Act of the 98th General | ||||||
24 | Assembly shall be appointed for terms of 3 years. No Council | ||||||
25 | member, other than the vocational rehabilitation administrator | ||||||
26 | and the representative of the Client Assistance Program, shall |
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1 | serve for more than 2 consecutive terms as a representative of | ||||||
2 | one of the 13 enumerated categories. If an individual, other | ||||||
3 | than the vocational rehabilitation administrator and the | ||||||
4 | representative of the Client Assistance Program, has completed | ||||||
5 | 2 consecutive terms and is eligible to seek appointment as a | ||||||
6 | representative of one of the other enumerated categories, then | ||||||
7 | that individual may be appointed to serve as a representative | ||||||
8 | of one of those other enumerated categories after a meaningful | ||||||
9 | break in Council service, as defined by the Council through its | ||||||
10 | by-laws. | ||||||
11 | Vacancies for unexpired terms shall be filled. Individuals | ||||||
12 | appointed by the appointing authority to fill an unexpired term | ||||||
13 | shall complete the remainder of the vacated term. When the | ||||||
14 | initial term of a person appointed to fill a vacancy is | ||||||
15 | completed, the individual appointed to fill that vacancy may be | ||||||
16 | re-appointed by the appointing authority to the vacated | ||||||
17 | position for one subsequent term. | ||||||
18 | If an excessive number of expired terms and vacated terms | ||||||
19 | combine to place an undue burden on the Council, the appointing | ||||||
20 | authority may appoint members for terms of 1, 2, or 3 years. | ||||||
21 | The appointing authority shall determine the terms of Council | ||||||
22 | members to ensure the number of terms expiring each year is as | ||||||
23 | close to equal as possible. | ||||||
24 | Notwithstanding the foregoing, a member who is serving on | ||||||
25 | the Council on the effective date of this amendatory Act of the | ||||||
26 | 98th General Assembly and whose term expires as a result of the |
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1 | changes made by this amendatory Act of the 98th General | ||||||
2 | Assembly may complete the unexpired portion of his or her term. | ||||||
3 | Members shall be reimbursed in accordance with State laws, | ||||||
4 | rules, and rates
for expenses incurred in the performance of | ||||||
5 | their approved, Council-related duties,
including expenses for | ||||||
6 | travel, child care, or personal assistance services. A
member | ||||||
7 | who is not employed or who must forfeit wages from other | ||||||
8 | employment may
be paid reasonable compensation, as determined | ||||||
9 | by the Department, for each day the member is engaged in
| ||||||
10 | performing approved duties of the Council.
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11 | The Council
shall meet at least 4 times per year at times | ||||||
12 | and places designated by the Chairperson
upon 10 days written | ||||||
13 | notice to the members. Special meetings may
be called by the | ||||||
14 | Chairperson or 7 members of the
Council upon 7 days written
| ||||||
15 | notice to the other members. Nine members shall constitute a
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16 | quorum.
No member of the Council shall cast a vote on any | ||||||
17 | matter that would provide
direct financial benefit to the | ||||||
18 | member or otherwise give the appearance of a
conflict of | ||||||
19 | interest under Illinois law.
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20 | The
Council shall prepare and submit to the
vocational | ||||||
21 | rehabilitation
administrator
the reports and findings
that the | ||||||
22 | vocational rehabilitation administrator may request or
that | ||||||
23 | the Council deems fit.
The Council shall select jointly with | ||||||
24 | the
vocational rehabilitation
administrator
a pool of
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25 | qualified persons to serve as impartial hearing officers.
The | ||||||
26 | Council shall, with the vocational rehabilitation unit in the |
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1 | Department,
jointly develop, agree to, and review annually | ||||||
2 | State goals and priorities and
jointly submit annual reports of | ||||||
3 | progress to the federal Commissioner of
the
Rehabilitation | ||||||
4 | Services Administration.
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5 | To the extent that there is a disagreement between the | ||||||
6 | Council and the unit
within the
Department of Human Services | ||||||
7 | responsible for the administration of the
vocational | ||||||
8 | rehabilitation program, regarding the resources
necessary to | ||||||
9 | carry out the functions of the Council as set forth in this
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10 | Section, the
disagreement shall be resolved by the Governor.
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11 | (Source: P.A. 98-76, eff. 7-15-13; 99-143, eff. 7-27-15.)
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12 | Section 15. The Department of Commerce and Economic | ||||||
13 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
14 | amended by changing Section 605-750 as follows:
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15 | (20 ILCS 605/605-750) | ||||||
16 | Sec. 605-750. Posting requirements; Illinois Workforce | ||||||
17 | Innovation Investment Board. The Department must comply with | ||||||
18 | the Internet posting requirements set forth in Section 7.2 of | ||||||
19 | the Illinois Workforce Innovation Investment Board Act. The | ||||||
20 | information must be posted on the Department's Internet website | ||||||
21 | no later than 30 days
after the Department receives the | ||||||
22 | information from the
Illinois Workforce Innovation Investment | ||||||
23 | Board.
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24 | (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:
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3 | (20 ILCS 630/2) (from Ch. 48, par. 2402)
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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. | ||||||
8 | (b) "Coordinator" means the Illinois Emergency Employment
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9 | Development Coordinator appointed under Section 3.
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10 | (c) "Department" means the Illinois Department of Commerce | ||||||
11 | and Economic Opportunity. | ||||||
12 | (d) "Director" means the Director of Commerce and Economic | ||||||
13 | Opportunity. | ||||||
14 | (e) "Eligible business" means a for-profit business.
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15 | (f) "Eligible employer" means an eligible nonprofit | ||||||
16 | agency, or
an eligible business.
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17 | (g) "Eligible job applicant" means a person who (1) has | ||||||
18 | been a resident
of this State for at least one year; and (2) is | ||||||
19 | unemployed;
and (3) is not
receiving and is not qualified to | ||||||
20 | receive unemployment compensation or
workers' compensation; | ||||||
21 | and (4) is determined by the employment
administrator to be | ||||||
22 | likely to be available for employment by an eligible
employer | ||||||
23 | for the duration of the job.
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24 | (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).
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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.
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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.
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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.
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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. 99-576, eff. 7-15-16.)
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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:
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9 | (20 ILCS 1005/1005-155)
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10 | Sec. 1005-155. Illinois workNet Employment and Training | ||||||
11 | Centers report. The
Department
of Employment Security, or the | ||||||
12 | State agency responsible for the oversight of
the
federal | ||||||
13 | Workforce
Innovation and Opportunity Act Workforce Investment | ||||||
14 | Act of 1998 if that agency is not the Department
of
Employment | ||||||
15 | Security, shall prepare a report for the Governor and the
| ||||||
16 | General Assembly regarding the progress of the Illinois | ||||||
17 | Employment and
Training Centers in serving individuals with | ||||||
18 | disabilities. The report must
include,
but is not limited to, | ||||||
19 | the following: (i) the number of individuals referred to
the
| ||||||
20 | Illinois Employment and Training Centers by the Department of | ||||||
21 | Human Services
Office of Rehabilitation Services; (ii) the | ||||||
22 | total number of individuals with disabilities
served by the | ||||||
23 | Illinois 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
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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
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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
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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.
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14 | (Source: P.A. 99-143, eff. 7-27-15.)
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15 | Section 30. The Illinois Guaranteed Job Opportunity Act is | ||||||
16 | amended by changing Section 35 as follows:
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17 | (20 ILCS 1510/35)
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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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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).
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 100th
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 |
| |||||||
| |||||||
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 100th General Assembly, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 100th 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 (except in the case of a person holding an office or |
| |||||||
| |||||||
1 | employment with the Department of Commerce and Economic | ||||||
2 | Opportunity, the Illinois Community College Board, the | ||||||
3 | Department of Employment Security, or the Department of | ||||||
4 | Human Services when appointment to the office or employment | ||||||
5 | requires the consent of the Senate). | ||||||
6 | (b) (Blank). Members of the Board that represent | ||||||
7 | organizations, agencies, or other
entities must be
individuals | ||||||
8 | with optimum policymaking authority within the organization,
| ||||||
9 | agency, or
entity. The members of the Board must represent | ||||||
10 | diverse regions of the State,
including
urban, rural, and | ||||||
11 | suburban areas.
| ||||||
12 | (c) (Blank). A majority of the members of the Board must be | ||||||
13 | representatives
described in subparagraph (A) of paragraph (3) | ||||||
14 | of subsection (a). There must
be
at least 2 members from each | ||||||
15 | of the categories described in subparagraphs (D)
and (E) of | ||||||
16 | paragraph
(3) of subsection (a). There must be at least 3 | ||||||
17 | members from the category
described in
subparagraph (C) of | ||||||
18 | paragraph (3) of subsection (a). A majority of any
committee | ||||||
19 | the Board
may establish for the purpose of general oversight, | ||||||
20 | control, supervision, or
management of the Board's business | ||||||
21 | must be representatives described in
subparagraph (A) of | ||||||
22 | paragraph (3) of subsection (a); any such committee must
also | ||||||
23 | include at least one representative from each of the categories | ||||||
24 | described
in subparagraphs (C) through (E) of paragraph (3) of | ||||||
25 | subsection (a) and may
include one or more representatives from | ||||||
26 | any other categories described in
paragraph (3) of subsection |
| |||||||
| |||||||
1 | (a).
| ||||||
2 | (d) The Governor shall select a chairperson as provided in | ||||||
3 | the federal Workforce
Innovation and Opportunity Act for the | ||||||
4 | Board from among the
representatives
described in subparagraph | ||||||
5 | (A) of paragraph (3) of subsection (a) .
| ||||||
6 | (d-5) (Blank).
| ||||||
7 | (e) Except as otherwise provided in this subsection, this | ||||||
8 | amendatory Act
of the
92nd General
Assembly does not affect the | ||||||
9 | tenure of any member appointed to and serving on
the
Illinois | ||||||
10 | Human Resource Investment Council on the effective date of this
| ||||||
11 | amendatory Act
of the 92nd General Assembly. Members of the | ||||||
12 | Board nominated for appointment in
2000, 2001, or 2002 shall | ||||||
13 | serve for fixed and staggered terms, as designated
by the | ||||||
14 | Governor, expiring
no later than July 1 of the second calendar | ||||||
15 | year succeeding their respective
appointments
or until their | ||||||
16 | successors are appointed and qualified. Members of the
Board | ||||||
17 | nominated for appointment after 2002
shall
serve for terms | ||||||
18 | expiring on July 1 of the second
calendar year succeeding their | ||||||
19 | respective appointments, or until their
successors are | ||||||
20 | appointed and qualified.
A State official or employee serving | ||||||
21 | on the Board under subparagraph (F) of
paragraph
(3) of | ||||||
22 | subsection (a) by virtue of his or her State office or | ||||||
23 | employment shall
serve
during the
term of that office or | ||||||
24 | employment. A vacancy is created in situations
including, but | ||||||
25 | not
limited to, those in which an individual serving on the | ||||||
26 | Board ceases to satisfy
all of the
requirements for appointment |
| |||||||
| |||||||
1 | under the provision under which he or she was
appointed.
The | ||||||
2 | Governor may at any time make
appointments to fill vacancies | ||||||
3 | for the balance of an unexpired term.
Vacancies shall be filled | ||||||
4 | in the same manner as the original appointment.
Members shall | ||||||
5 | serve without compensation, but shall be reimbursed for
| ||||||
6 | necessary expenses incurred in the performance of their duties.
| ||||||
7 | (f) The Board shall meet at least 4 times per
calendar
year | ||||||
8 | at
times and in places that it deems necessary. The
Board shall | ||||||
9 | be
subject to the Open Meetings Act and, to the extent required | ||||||
10 | by that
law,
its meetings shall be publicly announced and open | ||||||
11 | and accessible to the
general public. The Board shall adopt any | ||||||
12 | rules
and operating
procedures that it deems necessary to carry | ||||||
13 | out its responsibilities
under
this Act and under the federal | ||||||
14 | Workforce
Innovation and Opportunity Act Workforce Investment | ||||||
15 | Act of 1998 .
| ||||||
16 | (Source: P.A. 92-588, eff. 7-1-02.)
| ||||||
17 | (20 ILCS 3975/4.5)
| ||||||
18 | Sec. 4.5. Duties.
| ||||||
19 | (a) The Board must perform all the functions of a state | ||||||
20 | workforce innovation
investment
board under
the federal | ||||||
21 | Workforce
Innovation and Opportunity Act Workforce Investment | ||||||
22 | Act of 1998 , any amendments to that Act, and
any
other | ||||||
23 | applicable federal statutes. The Board must also perform all | ||||||
24 | other
functions that are
not inconsistent with the federal | ||||||
25 | Workforce
Innovation and Opportunity Act Workforce Investment |
| |||||||
| |||||||
1 | Act of 1998 or this Act
and that
are assumed by the Board under | ||||||
2 | its bylaws or assigned to it by the Governor.
| ||||||
3 | (b) The Board must cooperate with the General Assembly and | ||||||
4 | make
recommendations
to the
Governor and the General Assembly | ||||||
5 | concerning legislation necessary to improve
upon
statewide and | ||||||
6 | local workforce development investment systems in order to | ||||||
7 | increase
occupational skill
attainment, employment, retention, | ||||||
8 | or earnings of participants and thereby
improve the
quality of | ||||||
9 | the workforce, reduce welfare dependency, and enhance the
| ||||||
10 | productivity and
competitiveness of the State. The Board must | ||||||
11 | annually submit a report to the
General
Assembly on the | ||||||
12 | progress of the State in achieving state performance measures
| ||||||
13 | under the
federal Workforce
Innovation and Opportunity Act | ||||||
14 | Workforce Investment Act of 1998 , including information on the | ||||||
15 | levels
of performance achieved by the State with respect to the | ||||||
16 | core indicators of
performance and the customer satisfaction | ||||||
17 | indicator
under that Act. The report must include any other
| ||||||
18 | items that
the Governor may be required to report to the | ||||||
19 | Secretary of the United States
Department
of Labor under | ||||||
20 | Section 136(d) of the federal Workforce Investment Act of
1998 .
| ||||||
21 | (b-5) The Board shall implement a method for measuring the | ||||||
22 | progress of the
State's workforce development system by using | ||||||
23 | benchmarks specified in the federal Workforce
Innovation and | ||||||
24 | Opportunity Act. specified benchmarks. Those
benchmarks are: | ||||||
25 | (i) the educational level of working adults;
(ii) the | ||||||
26 | percentage of the adult workforce in education and training;
|
| |||||||
| |||||||
1 | (iii) adult literacy;
(iv) the percentage of high school | ||||||
2 | graduates transitioning to education or
training;
(v) the high | ||||||
3 | school dropout rate;
(vi) the number of youth transitioning | ||||||
4 | from 8th grade to 9th grade;
(vii) the percentage of | ||||||
5 | individuals and families at economic
self-sufficiency;
(viii) | ||||||
6 | the average growth in pay;
(ix) net job growth; and
(x) | ||||||
7 | productivity per employee.
| ||||||
8 | The Board shall identify the most significant early
| ||||||
9 | indicators for each benchmark, establish a mechanism to collect | ||||||
10 | data and
track the benchmarks on an annual basis, and then use | ||||||
11 | the results to set goals
for each benchmark, to inform | ||||||
12 | planning, and to ensure the effective use of
State resources.
| ||||||
13 | (c) Nothing in this Act shall be construed to require or
| ||||||
14 | allow the
Board to assume or supersede the statutory authority | ||||||
15 | granted
to, or impose
any duties or requirements on, the State
| ||||||
16 | Board of Education, the Board of Higher Education, the Illinois | ||||||
17 | Community
College Board, any State agencies created under the | ||||||
18 | Civil Administrative Code
of Illinois, or any local education | ||||||
19 | agencies.
| ||||||
20 | (d) No actions taken by the Illinois Human Resource | ||||||
21 | Investment Council
before the effective date of this amendatory | ||||||
22 | Act of the 92nd General Assembly
and no rights, powers, duties, | ||||||
23 | or obligations from those actions are impaired
solely by this | ||||||
24 | amendatory Act of the 92nd General Assembly. All actions taken
| ||||||
25 | by the Illinois Human Resource Investment Council before the | ||||||
26 | effective date of
this amendatory Act of the 92nd General |
| |||||||
| |||||||
1 | Assembly are ratified and validated.
| ||||||
2 | (Source: P.A. 92-588, eff. 7-1-02; 93-331, eff. 1-1-04.)
| ||||||
3 | (20 ILCS 3975/5) (from Ch. 48, par. 2105)
| ||||||
4 | Sec. 5. Plans; expenditures. The plans and decisions of the | ||||||
5 | Board shall be
subject to
approval by the Governor. All funds | ||||||
6 | received by the State pursuant to the
federal Job Training | ||||||
7 | Partnership Act or the federal Workforce
Innovation and | ||||||
8 | Opportunity Act Workforce Investment Act
of 1998 shall be | ||||||
9 | expended only pursuant to appropriation.
| ||||||
10 | (Source: P.A. 92-588, eff. 7-1-02.)
| ||||||
11 | (20 ILCS 3975/6) (from Ch. 48, par. 2106)
| ||||||
12 | Sec. 6. Programs and services, conflict of interest. In | ||||||
13 | order to assure
objective management and oversight, the
Board | ||||||
14 | shall not operate programs or provide services directly
to
| ||||||
15 | eligible participants, but shall exist solely to plan, | ||||||
16 | coordinate and
monitor the provisions of such programs and | ||||||
17 | services.
| ||||||
18 | A member of the Board may not (1) vote on a matter under | ||||||
19 | consideration by
the
Board that (a) regards the provision of | ||||||
20 | services by the member or by an entity
that the
member | ||||||
21 | represents or (b) would provide direct financial benefit to the | ||||||
22 | member
or the
immediate family of the member or (2) engage in | ||||||
23 | any other activity determined
by the
Governor to constitute a | ||||||
24 | conflict of interest as specified in the State plan
established |
| |||||||
| |||||||
1 | under
the federal Workforce Investment Act of 1998 .
| ||||||
2 | (Source: P.A. 92-588, eff. 7-1-02.)
| ||||||
3 | (20 ILCS 3975/7) (from Ch. 48, par. 2107)
| ||||||
4 | Sec. 7. Personnel. The Board is authorized to obtain the
| ||||||
5 | services of any
professional, technical and clerical personnel | ||||||
6 | that may be necessary
to carry
out its functions under this Act | ||||||
7 | and under the federal Workforce
Innovation and Opportunity Act | ||||||
8 | Workforce Investment
Act of 1998 .
| ||||||
9 | (Source: P.A. 92-588, eff. 7-1-02.)
| ||||||
10 | (20 ILCS 3975/7.2) | ||||||
11 | Sec. 7.2. Posting requirements; Department of Commerce and | ||||||
12 | Economic Opportunity's website. On and after the effective date | ||||||
13 | of this amendatory Act of the 97th General Assembly, the | ||||||
14 | Illinois Workforce Innovation Investment Board must annually | ||||||
15 | submit to the Department of Commerce and Economic Opportunity | ||||||
16 | the following information to be posted on the Department's | ||||||
17 | official Internet website: | ||||||
18 | (1) All agendas and meeting minutes for meetings of the | ||||||
19 | Illinois Workforce Innovation Investment Board. | ||||||
20 | (2) All line-item budgets for the local workforce | ||||||
21 | investment areas located within the State. | ||||||
22 | (3) A listing of all contracts and contract values for | ||||||
23 | all workforce development training and service providers. | ||||||
24 | The information required under this Section must be posted |
| |||||||
| |||||||
1 | on the Department of Commerce and Economic Opportunity's | ||||||
2 | Internet website no later than 30 days after the Department | ||||||
3 | receives the information from the Illinois Workforce | ||||||
4 | Innovation Investment Board.
| ||||||
5 | (Source: P.A. 97-356, eff. 1-1-12.)
| ||||||
6 | (20 ILCS 3975/7.5) | ||||||
7 | Sec. 7.5. Procurement. The Illinois Workforce Innovation | ||||||
8 | Investment Board is subject to the Illinois Procurement Code, | ||||||
9 | to the extent consistent with all applicable federal laws.
| ||||||
10 | (Source: P.A. 97-356, eff. 1-1-12.)
| ||||||
11 | (20 ILCS 3975/8) (from Ch. 48, par. 2108)
| ||||||
12 | Sec. 8. Audits. The Illinois Workforce Innovation | ||||||
13 | Investment Board and any recipient of
funds under this Act
| ||||||
14 | shall be subject to audits conducted by the Auditor General | ||||||
15 | with respect
to all funds appropriated for the purposes of this | ||||||
16 | Act.
| ||||||
17 | (Source: P.A. 92-588, eff. 7-1-02.)
| ||||||
18 | Section 45. The Commission on the Elimination of Poverty | ||||||
19 | Act is amended by changing Section 15 as follows:
| ||||||
20 | (20 ILCS 4080/15)
| ||||||
21 | Sec. 15. Members. The Commission on the Elimination of | ||||||
22 | Poverty shall be composed of no more than 26 voting members |
| |||||||
| |||||||
1 | including 2 members of the Illinois House of Representatives, | ||||||
2 | one appointed by the Speaker of the House and one appointed by | ||||||
3 | the House Minority Leader; 2 members of the Illinois Senate, | ||||||
4 | one appointed by the Senate President and one appointed by the | ||||||
5 | Senate Minority Leader; one representative of the Office of the | ||||||
6 | Governor appointed by the Governor; one representative of the | ||||||
7 | Office of the Lieutenant Governor appointed by the Lieutenant | ||||||
8 | Governor; and 20 public members, 4 of whom shall be appointed | ||||||
9 | by the Governor, 4 of whom shall be appointed by the Speaker of | ||||||
10 | the House, 4 of whom shall be appointed by the House Minority | ||||||
11 | Leader, 4 of whom shall be appointed by the Senate President, | ||||||
12 | and 4 of whom shall be appointed by the Senate Minority Leader. | ||||||
13 | It shall be determined by lot who will appoint which public | ||||||
14 | members of the Commission. The public members shall include a | ||||||
15 | representative of a service-based human rights organization; 2 | ||||||
16 | representatives from anti-poverty organizations, including one | ||||||
17 | that focuses on rural poverty; 2 individuals who have | ||||||
18 | experienced extreme poverty; a representative of an | ||||||
19 | organization that advocates for health care access, | ||||||
20 | affordability and availability; a representative of an | ||||||
21 | organization that advocates for persons with mental illness; a | ||||||
22 | representative of an organization that advocates for children | ||||||
23 | and youth; a representative of an organization that advocates | ||||||
24 | for quality and equality in education; a representative of an | ||||||
25 | organization that advocates for people who are homeless; a | ||||||
26 | representative of a statewide anti-hunger organization; a |
| |||||||
| |||||||
1 | person with a disability; a representative of an organization | ||||||
2 | that advocates for persons with disabilities; a representative | ||||||
3 | of an organization that advocates for immigrants; a | ||||||
4 | representative of a statewide faith-based organization that | ||||||
5 | provides direct social services in Illinois; a representative | ||||||
6 | of an organization that advocates for economic security for | ||||||
7 | women; a representative of an organization that advocates for | ||||||
8 | older adults; a representative of a labor organization that | ||||||
9 | represents primarily low and middle-income wage earners; a | ||||||
10 | representative of a municipal or county government; and a | ||||||
11 | representative of township government. The appointed members | ||||||
12 | shall reflect the racial, gender, and geographic diversity of | ||||||
13 | the State and shall include representation from regions of the | ||||||
14 | State experiencing the highest rates of extreme poverty. | ||||||
15 | The following officials shall serve as ex-officio members: | ||||||
16 | the Secretary of Human Services or his or her designee; the | ||||||
17 | Director of Corrections or his or her designee; the Director of | ||||||
18 | Healthcare and Family Services or his or her designee; the | ||||||
19 | Director of Human Rights or his or her designee; the Director | ||||||
20 | of Children and Family Services or his or her designee; the | ||||||
21 | Director of Commerce and Economic Opportunity or his or her | ||||||
22 | designee; the State Superintendent of Education or his or her | ||||||
23 | designee; the Director of Aging or his or her designee; the | ||||||
24 | Director of Public Health or his or her designee; and the | ||||||
25 | Director of Employment Security or his or her designee. The | ||||||
26 | State Workforce Innovation Investment Board, the |
| |||||||
| |||||||
1 | African-American Family Commission, and the Latino Family | ||||||
2 | Commission shall each designate a liaison to serve ex-officio | ||||||
3 | on the Commission.
| ||||||
4 | Members shall serve without compensation, but, subject to | ||||||
5 | the availability of funds, public members may be reimbursed for | ||||||
6 | reasonable and necessary travel expenses connected to | ||||||
7 | Commission business. | ||||||
8 | Commission members shall be appointed within 60 days after | ||||||
9 | the effective date of this Act. The Commission shall hold its | ||||||
10 | initial meeting within 30 days after at least 50% of the | ||||||
11 | members have been appointed. | ||||||
12 | The representative of the Office of the Governor and the | ||||||
13 | representative of a service-based human rights organization | ||||||
14 | shall serve as co-chairs of the Commission. | ||||||
15 | At the first meeting of the Commission, the members shall | ||||||
16 | select a 7-person Steering Committee that includes the | ||||||
17 | co-chairs. | ||||||
18 | The Commission may establish committees that address | ||||||
19 | specific issues or populations and may appoint individuals with | ||||||
20 | relevant expertise who are not appointed members of the | ||||||
21 | Commission to serve on committees as needed. | ||||||
22 | Subject to appropriation, the office of the Governor, or a | ||||||
23 | designee of the Governor's choosing, shall provide | ||||||
24 | administrative support to the Commission.
| ||||||
25 | (Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.)
|
| |||||||
| |||||||
1 | Section 55. The Higher Education Student Assistance Act is | ||||||
2 | amended by changing Section 35 as follows:
| ||||||
3 | (110 ILCS 947/35)
| ||||||
4 | Sec. 35. Monetary award program.
| ||||||
5 | (a) The Commission shall, each year, receive and consider | ||||||
6 | applications
for grant assistance under this Section. Subject | ||||||
7 | to a separate
appropriation for such purposes, an applicant is | ||||||
8 | eligible for a grant under
this Section when the Commission | ||||||
9 | finds that the applicant:
| ||||||
10 | (1) is a resident of this State and a citizen or | ||||||
11 | permanent resident
of the United States; and
| ||||||
12 | (2) in the absence of grant assistance, will be | ||||||
13 | deterred by
financial considerations from completing an | ||||||
14 | educational program at the
qualified institution of his or | ||||||
15 | her choice.
| ||||||
16 | (b) The Commission shall award renewals only upon the | ||||||
17 | student's application
and upon the Commission's finding that | ||||||
18 | the applicant:
| ||||||
19 | (1) has remained a student in good standing;
| ||||||
20 | (2) remains a resident of this State; and
| ||||||
21 | (3) is in a financial situation that continues to | ||||||
22 | warrant assistance.
| ||||||
23 | (c) All grants shall be applicable only to tuition and | ||||||
24 | necessary fee costs. The Commission shall determine the grant
| ||||||
25 | amount for each student, which shall not exceed the smallest of
|
| |||||||
| |||||||
1 | the following amounts:
| ||||||
2 | (1) subject to appropriation, $5,468 for fiscal year | ||||||
3 | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal | ||||||
4 | year 2011 and each fiscal year thereafter, or such lesser | ||||||
5 | amount as
the Commission finds to be available, during an | ||||||
6 | academic year;
| ||||||
7 | (2) the amount which equals 2 semesters or 3 quarters | ||||||
8 | tuition
and other necessary fees required generally by the | ||||||
9 | institution of all
full-time undergraduate students; or
| ||||||
10 | (3) such amount as the Commission finds to be | ||||||
11 | appropriate in view of
the applicant's financial | ||||||
12 | resources.
| ||||||
13 | Subject to appropriation, the maximum grant amount for | ||||||
14 | students not subject to subdivision (1) of this subsection (c) | ||||||
15 | must be increased by the same percentage as any increase made | ||||||
16 | by law to the maximum grant amount under subdivision (1) of | ||||||
17 | this subsection (c). | ||||||
18 | "Tuition and other necessary fees" as used in this Section | ||||||
19 | include the
customary charge for instruction and use of | ||||||
20 | facilities in general, and the
additional fixed fees charged | ||||||
21 | for specified purposes, which are required
generally of | ||||||
22 | nongrant recipients for each academic period for which the | ||||||
23 | grant
applicant actually enrolls, but do not include fees | ||||||
24 | payable only once or
breakage fees and other contingent | ||||||
25 | deposits which are refundable in whole or in
part. The | ||||||
26 | Commission may prescribe, by rule not inconsistent with this
|
| |||||||
| |||||||
1 | Section, detailed provisions concerning the computation of | ||||||
2 | tuition and other
necessary fees.
| ||||||
3 | (d) No applicant, including those presently receiving | ||||||
4 | scholarship
assistance under this Act, is eligible for monetary | ||||||
5 | award program
consideration under this Act after receiving a | ||||||
6 | baccalaureate degree or
the equivalent of 135 semester credit | ||||||
7 | hours of award payments.
| ||||||
8 | (e) The Commission, in determining the number of grants to | ||||||
9 | be offered,
shall take into consideration past experience with | ||||||
10 | the rate of grant funds
unclaimed by recipients. The Commission | ||||||
11 | shall notify applicants that grant
assistance is contingent | ||||||
12 | upon the availability of appropriated funds.
| ||||||
13 | (e-5) The General Assembly finds and declares that it is an | ||||||
14 | important purpose of the Monetary Award Program to facilitate | ||||||
15 | access to college both for students who pursue postsecondary | ||||||
16 | education immediately following high school and for those who | ||||||
17 | pursue postsecondary education later in life, particularly | ||||||
18 | Illinoisans who are dislocated workers with financial need and | ||||||
19 | who are seeking to improve their economic position through | ||||||
20 | education. For the 2015-2016 and 2016-2017 academic years, the | ||||||
21 | Commission shall give additional and specific consideration to | ||||||
22 | the needs of dislocated workers with the intent of allowing | ||||||
23 | applicants who are dislocated workers an opportunity to secure | ||||||
24 | financial assistance even if applying later than the general | ||||||
25 | pool of applicants. The Commission's consideration shall | ||||||
26 | include, in determining the number of grants to be offered, an |
| |||||||
| |||||||
1 | estimate of the resources needed to serve dislocated workers | ||||||
2 | who apply after the Commission initially suspends award | ||||||
3 | announcements for the upcoming regular academic year, but prior | ||||||
4 | to the beginning of that academic year. For the purposes of | ||||||
5 | this subsection (e-5), a dislocated worker is defined as in the | ||||||
6 | federal Workforce
Innovation and Opportunity Act Workforce | ||||||
7 | Investment Act of 1998 . | ||||||
8 | (f) The Commission may request appropriations for deposit | ||||||
9 | into the
Monetary Award Program Reserve Fund. Monies deposited | ||||||
10 | into the Monetary Award
Program Reserve Fund may be expended | ||||||
11 | exclusively for one purpose: to make
Monetary Award Program | ||||||
12 | grants to eligible students. Amounts on deposit in the
Monetary | ||||||
13 | Award Program Reserve Fund may not exceed 2% of the current | ||||||
14 | annual
State appropriation for the Monetary Award Program.
| ||||||
15 | The purpose of the Monetary Award Program Reserve Fund is | ||||||
16 | to enable the
Commission each year to assure as many students | ||||||
17 | as possible of their
eligibility for a Monetary Award Program | ||||||
18 | grant and to do so before commencement
of the academic year. | ||||||
19 | Moneys deposited in this Reserve Fund are intended to
enhance | ||||||
20 | the Commission's management of the Monetary Award Program, | ||||||
21 | minimizing
the necessity, magnitude, and frequency of | ||||||
22 | adjusting award amounts and ensuring
that the annual Monetary | ||||||
23 | Award Program appropriation can be fully utilized.
| ||||||
24 | (g) The Commission shall determine the eligibility of and | ||||||
25 | make grants to
applicants enrolled at qualified for-profit | ||||||
26 | institutions in accordance with the
criteria set forth in this |
| |||||||
| |||||||
1 | Section. The eligibility of applicants enrolled at
such | ||||||
2 | for-profit institutions shall be limited as follows:
| ||||||
3 | (1) Beginning with the academic year 1997, only to | ||||||
4 | eligible first-time
freshmen and
first-time transfer | ||||||
5 | students who have attained an associate degree.
| ||||||
6 | (2) Beginning with the academic year 1998, only to | ||||||
7 | eligible freshmen
students,
transfer students who have | ||||||
8 | attained an associate degree, and students who
receive a | ||||||
9 | grant under paragraph (1) for the academic year 1997 and | ||||||
10 | whose grants
are being renewed for the academic year 1998.
| ||||||
11 | (3) Beginning with the academic year 1999, to all | ||||||
12 | eligible students.
| ||||||
13 | (Source: P.A. 98-967, eff. 8-15-14.)
| ||||||
14 | Section 60. The Illinois Public Aid Code is amended by | ||||||
15 | changing Section 9A-3 as follows:
| ||||||
16 | (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
| ||||||
17 | Sec. 9A-3. Establishment of Program and Level of Services.
| ||||||
18 | (a) The Illinois Department shall establish and maintain a | ||||||
19 | program to
provide recipients with services consistent with the | ||||||
20 | purposes and
provisions of this Article. The program offered in | ||||||
21 | different counties of
the State may vary depending on the | ||||||
22 | resources available to the State to
provide a program under | ||||||
23 | this Article, and no program may be offered in some
counties, | ||||||
24 | depending on the resources available. Services may be provided
|
| |||||||
| |||||||
1 | directly by the Illinois Department or through contract. | ||||||
2 | References to the
Illinois Department or staff of the
Illinois | ||||||
3 | Department shall include contractors when the Illinois | ||||||
4 | Department
has entered into contracts for these purposes. The | ||||||
5 | Illinois Department
shall provide each
recipient who | ||||||
6 | participates with such services available under the program
as | ||||||
7 | are necessary to achieve his employability plan as specified in | ||||||
8 | the
plan.
| ||||||
9 | (b) The Illinois Department, in operating the program, | ||||||
10 | shall cooperate
with public and private education and | ||||||
11 | vocational training or retraining
agencies or facilities, the | ||||||
12 | Illinois State Board of Education, the Illinois
Community | ||||||
13 | College Board, the Departments of Employment
Security and | ||||||
14 | Commerce and Economic Opportunity or other sponsoring
| ||||||
15 | organizations funded under the federal Workforce
Innovation | ||||||
16 | and Opportunity Act Workforce Investment Act
and other public | ||||||
17 | or licensed private employment agencies.
| ||||||
18 | (Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
| ||||||
19 | Section 65. The Afterschool Youth Development Project Act | ||||||
20 | is amended by changing Section 15 as follows:
| ||||||
21 | (325 ILCS 27/15)
| ||||||
22 | Sec. 15. Illinois Youth Development Council. | ||||||
23 | (a) Creation. In order to effectively achieve the policy | ||||||
24 | established in this Act, the Illinois Youth Development Council |
| |||||||
| |||||||
1 | shall be created. The purpose of the Council is to provide | ||||||
2 | oversight and coordination to the State's public funds | ||||||
3 | currently invested to support positive youth development | ||||||
4 | programs and activities and to set systemwide policies and | ||||||
5 | priorities to accomplish the following 5 major objectives: (i) | ||||||
6 | set afterschool program expansion priorities, such as | ||||||
7 | addressing gaps in programming for specific ages and | ||||||
8 | populations; (ii) create outcome measures and require all | ||||||
9 | afterschool programs to be evaluated to ensure that outcomes | ||||||
10 | are being met; (iii) oversee the establishment of a statewide | ||||||
11 | program improvement system that provides technical assistance | ||||||
12 | and capacity building to increase program participation and | ||||||
13 | quality systemwide; (iv) monitor and assess afterschool | ||||||
14 | program quality through outcome measures; and (v) establish | ||||||
15 | State policy to support the attainment of outcomes. The Council | ||||||
16 | shall be created within the Department of Human Services. | ||||||
17 | (b) Governance. The Illinois Youth Development Council | ||||||
18 | shall reflect the regional, racial, socioeconomic, and | ||||||
19 | cultural diversity of the State to ensure representation of the | ||||||
20 | needs of all Illinois youth. The Council shall be composed of | ||||||
21 | no less than 28 and no more than 32 members. The Council may | ||||||
22 | establish a defined length of term for membership on the | ||||||
23 | Council. | ||||||
24 | (1) Membership. The Council shall include | ||||||
25 | representation from both public and private organizations | ||||||
26 | comprised of the following: |
| |||||||
| |||||||
1 | (A) Four members of the General Assembly: one | ||||||
2 | appointed by the President of the Senate, one appointed | ||||||
3 | by the Minority Leader of the Senate, one appointed by | ||||||
4 | the Speaker of the House of Representatives, and one | ||||||
5 | appointed by the Minority Leader of the House of | ||||||
6 | Representatives. | ||||||
7 | (B) The chief administrators of the following | ||||||
8 | State agencies: the Department of Human Services; the | ||||||
9 | Illinois State Board of Education; the Department of | ||||||
10 | Children and Family Services; the Department of Public | ||||||
11 | Health; the Department of Juvenile Justice; the | ||||||
12 | Department of Healthcare and Family Services; the | ||||||
13 | Department of Commerce and Economic Opportunity; the | ||||||
14 | Illinois Board of Higher Education; and the Illinois | ||||||
15 | Community College Board. | ||||||
16 | (C) The Chair of the Illinois Workforce Innovation | ||||||
17 | Investment Board and the Executive Director of the | ||||||
18 | Illinois Violence Prevention Authority. | ||||||
19 | The following Council members shall be appointed by the | ||||||
20 | Governor: | ||||||
21 | (D) Two officials from a unit of local government. | ||||||
22 | (E) At least 3 representatives of direct youth | ||||||
23 | service providers and faith-based providers. | ||||||
24 | (F) Three young people who are between the ages of | ||||||
25 | 16 and 21 and who are members of the Youth Advisory | ||||||
26 | Group as established in paragraph (2) of this |
| |||||||
| |||||||
1 | subsection. | ||||||
2 | (G) Two parents of children between the ages of 6 | ||||||
3 | and 19. | ||||||
4 | (H) One academic researcher in the field of youth | ||||||
5 | development. | ||||||
6 | (I) Additional public members that include local | ||||||
7 | government stakeholders and nongovernmental | ||||||
8 | stakeholders with an interest in youth development and | ||||||
9 | afterschool programs, including representation from | ||||||
10 | the following private sector fields and | ||||||
11 | constituencies: child and youth advocacy; children and | ||||||
12 | youth with special needs; child and adolescent health; | ||||||
13 | business; and law enforcement. | ||||||
14 | Persons may be nominated by organizations representing | ||||||
15 | the fields outlined in this Section. The Governor shall | ||||||
16 | designate one of the Council members who is a nongovernment | ||||||
17 | stakeholder to serve as co-chairperson. The Council shall | ||||||
18 | create a subcommittee of additional direct youth service | ||||||
19 | providers as well as other subcommittees as deemed | ||||||
20 | necessary. | ||||||
21 | (2) Youth Advisory Group. To ensure that the Council is | ||||||
22 | responsive to the needs and priorities of Illinois' young | ||||||
23 | people, the Council shall establish an independent Youth | ||||||
24 | Advisory Group, which shall be composed of a diverse body | ||||||
25 | of 15 youths between the ages of 14 and 19 from across the | ||||||
26 | State. Members that surpass the age of 19 while serving on |
| |||||||
| |||||||
1 | the Youth Advisory Group may complete the term of the | ||||||
2 | appointment. The Youth Advisory Group shall be charged | ||||||
3 | with: (i) presenting recommendations to the Council 4 times | ||||||
4 | per year on issues related to afterschool and youth | ||||||
5 | development programming and policy; and (ii) reviewing key | ||||||
6 | programmatic, funding, and policy decisions made by the | ||||||
7 | Council. To develop priorities and recommendations, the | ||||||
8 | Youth Advisory Group may engage students from across the | ||||||
9 | State via focus groups, on-line surveys, and other means. | ||||||
10 | The Youth Advisory Group shall be administered by the | ||||||
11 | Department of Human Services and facilitated by an | ||||||
12 | independent, established youth organization with expertise | ||||||
13 | in youth civic engagement. This youth civic engagement | ||||||
14 | organization shall administer the application requirements | ||||||
15 | and process and shall nominate 30 youth. The Department of | ||||||
16 | Human Services shall select 15 of the nominees for the | ||||||
17 | Youth Advisory Group, 3 of whom shall serve on the Council. | ||||||
18 | (c) Activities. The major objectives of the Council shall | ||||||
19 | be accomplished through the following activities: | ||||||
20 | (1) Publishing an annual plan that sets system goals | ||||||
21 | for Illinois' afterschool funding that include key | ||||||
22 | indicators, performance standards, and outcome measures | ||||||
23 | and that outlines funding evaluation and reporting | ||||||
24 | requirements. | ||||||
25 | (2) Developing and maintaining a system and processes | ||||||
26 | to collect and report consistent program and outcome data |
| |||||||
| |||||||
1 | on all afterschool programs funded by State and local | ||||||
2 | government. | ||||||
3 | (3) Developing linkages between afterschool data | ||||||
4 | systems and other statewide youth program outcome data | ||||||
5 | systems (e.g. schools, post-secondary education, juvenile | ||||||
6 | justice, etc.). | ||||||
7 | (4) Developing procedures for implementing an | ||||||
8 | evaluation of the statewide system of program providers, | ||||||
9 | including programs established by this Act. | ||||||
10 | (5) Reviewing evaluation results and data reports to | ||||||
11 | inform future investments and allocations and to shape | ||||||
12 | State policy. | ||||||
13 | (6) Developing technical assistance and | ||||||
14 | capacity-building infrastructure and ensuring appropriate | ||||||
15 | workforce development strategies across agencies for those | ||||||
16 | who will be working in afterschool programs. | ||||||
17 | (7) Reviewing and making public recommendations to the | ||||||
18 | Governor and the General Assembly with respect to the | ||||||
19 | budgets for State youth services to ensure the adequacy of | ||||||
20 | those budgets and alignment to system goals outlined in the | ||||||
21 | plan described in paragraph (1) of this subsection. | ||||||
22 | (8) Developing and overseeing execution of a research | ||||||
23 | agenda to inform future program planning. | ||||||
24 | (9) Providing strategic advice to other State | ||||||
25 | agencies, the Illinois General Assembly, and Illinois' | ||||||
26 | Constitutional Officers on afterschool-related activities |
| |||||||
| |||||||
1 | statewide. | ||||||
2 | (10) Approving awards of grants to demonstration | ||||||
3 | projects as outlined in Section 20 of this Act. | ||||||
4 | (d) Accountability. The Council shall annually report to | ||||||
5 | the Governor and the General Assembly on the Council's progress | ||||||
6 | towards its goals and objectives.
The Department of Human | ||||||
7 | Services shall provide resources to the Council, including | ||||||
8 | administrative services and data collection and shall be | ||||||
9 | responsible for conducting procurement processes required by | ||||||
10 | the Act. The Department may contract with vendors to provide | ||||||
11 | all or a portion of any necessary resources.
| ||||||
12 | (Source: P.A. 96-1302, eff. 7-27-10.)
| ||||||
13 | Section 70. The Unemployment Insurance Act is amended by | ||||||
14 | changing Sections 500 and 502 as follows:
| ||||||
15 | (820 ILCS 405/500) (from Ch. 48, par. 420)
| ||||||
16 | Sec. 500. Eligibility for benefits. An unemployed | ||||||
17 | individual shall
be eligible to receive benefits with respect | ||||||
18 | to any week only if the
Director finds that:
| ||||||
19 | A. He has registered for work at and thereafter has | ||||||
20 | continued to
report at an employment office in accordance with | ||||||
21 | such regulations as
the Director may prescribe, except that the | ||||||
22 | Director may, by regulation,
waive or alter either or both of | ||||||
23 | the requirements of this subsection as
to individuals attached | ||||||
24 | to regular jobs, and as to such other types of
cases or |
| |||||||
| |||||||
1 | situations with respect to which he finds that compliance with
| ||||||
2 | such requirements would be oppressive or inconsistent with the | ||||||
3 | purposes
of this Act, provided that no such regulation shall | ||||||
4 | conflict with
Section 400 of this Act.
| ||||||
5 | B. He has made a claim for benefits with respect to such | ||||||
6 | week in
accordance with such regulations as the Director may | ||||||
7 | prescribe.
| ||||||
8 | C. He is able to work, and is available for work; provided | ||||||
9 | that
during the period in question he was actively seeking work | ||||||
10 | and he has
certified such. Whenever requested to do so by the | ||||||
11 | Director, the individual
shall, in the manner the Director | ||||||
12 | prescribes by regulation, inform the
Department of the places | ||||||
13 | at
which he has sought work during the period in question.
| ||||||
14 | Nothing in this subsection shall limit
the Director's approval | ||||||
15 | of alternate methods of demonstrating an active
search for work
| ||||||
16 | based on regular reporting to a trade union office.
| ||||||
17 | 1. If an otherwise eligible individual is unable to | ||||||
18 | work or is
unavailable for work on any normal workday of | ||||||
19 | the week, he shall be
eligible to receive benefits with | ||||||
20 | respect to such week reduced by
one-fifth of his weekly | ||||||
21 | benefit amount for each day of such inability to
work or | ||||||
22 | unavailability for work. For the purposes of this | ||||||
23 | paragraph, an
individual who reports on a day subsequent to | ||||||
24 | his designated report day
shall be deemed unavailable for | ||||||
25 | work on his report day if his failure to
report on that day | ||||||
26 | is without good cause, and on each intervening day,
if any, |
| |||||||
| |||||||
1 | on which his failure to report is without good cause. As | ||||||
2 | used
in the preceding sentence, "report day" means the day | ||||||
3 | which has been
designated for the individual to report to | ||||||
4 | file his claim for benefits
with respect to any week. This | ||||||
5 | paragraph shall not be construed so as
to effect any change | ||||||
6 | in the status of part-time workers as defined in
Section | ||||||
7 | 407.
| ||||||
8 | 2. An individual shall be considered to be unavailable | ||||||
9 | for work on
days listed as whole holidays in "An Act to | ||||||
10 | revise the law in relation
to promissory notes, bonds, due | ||||||
11 | bills and other instruments in writing,"
approved March 18, | ||||||
12 | 1874, as amended; on days which are holidays in his
| ||||||
13 | religion or faith, and on days which are holidays according | ||||||
14 | to the
custom of his trade or occupation, if his failure to | ||||||
15 | work on such day is
a result of the holiday. In determining | ||||||
16 | the claimant's eligibility for
benefits and the amount to | ||||||
17 | be paid him, with respect to the week in
which such holiday | ||||||
18 | occurs, he shall have attributed to him as additional
| ||||||
19 | earnings for that week an amount equal to one-fifth of his | ||||||
20 | weekly
benefit amount for each normal work day on which he | ||||||
21 | does not work
because of a holiday of the type above | ||||||
22 | enumerated.
| ||||||
23 | 3. An individual shall be deemed unavailable for work | ||||||
24 | if, after his
separation from his most recent employing | ||||||
25 | unit, he has removed himself
to and remains in a locality | ||||||
26 | where opportunities for work are
substantially less |
| |||||||
| |||||||
1 | favorable than those in the locality he has left.
| ||||||
2 | 4. An individual shall be deemed unavailable for work | ||||||
3 | with respect
to any week which occurs in a period when his | ||||||
4 | principal occupation is
that of a student in attendance at, | ||||||
5 | or on vacation from, a public or
private school.
| ||||||
6 | 5. 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 the | ||||||
10 | provisions of Section 603, with respect to any week,
| ||||||
11 | because he is enrolled in and is in regular attendance at a | ||||||
12 | training
course approved for him by the Director:
| ||||||
13 | (a) but only if, with respect to
that week, the | ||||||
14 | individual presents,
upon request,
to the claims | ||||||
15 | adjudicator referred to
in Section 702 a statement | ||||||
16 | executed by a responsible person connected
with the | ||||||
17 | training course, certifying that the individual was in
| ||||||
18 | full-time attendance at such course during the week. | ||||||
19 | The Director may
approve such course for an individual | ||||||
20 | only if he finds that (1)
reasonable work opportunities | ||||||
21 | for which the individual is fitted by
training and | ||||||
22 | experience do not exist in his locality; (2) the | ||||||
23 | training course
relates to an occupation or skill for | ||||||
24 | which there are, or are
expected to be in the immediate | ||||||
25 | future, reasonable work opportunities in
his locality; | ||||||
26 | (3) the training course is offered by a competent and
|
| |||||||
| |||||||
1 | reliable agency, educational institution, or employing | ||||||
2 | unit; (4)
the individual has the required | ||||||
3 | qualifications and aptitudes to complete the
course | ||||||
4 | successfully; and (5) the individual is not receiving | ||||||
5 | and is not
eligible (other than because he has claimed | ||||||
6 | benefits under this Act) for
subsistence payments or | ||||||
7 | similar assistance under any public or private
| ||||||
8 | retraining program: Provided, that the Director shall | ||||||
9 | not disapprove
such course solely by reason of clause | ||||||
10 | (5) if the subsistence payment or
similar assistance is | ||||||
11 | subject to reduction by an amount equal to any
benefits | ||||||
12 | payable to the individual under this Act in the absence | ||||||
13 | of the
clause. In the event that an individual's weekly | ||||||
14 | unemployment
compensation benefit is less than his | ||||||
15 | certified training allowance, that
person shall be | ||||||
16 | eligible to receive his entire unemployment | ||||||
17 | compensation
benefits, plus such supplemental training | ||||||
18 | allowances that would make an
applicant's total weekly | ||||||
19 | benefit identical to the original certified
training | ||||||
20 | allowance.
| ||||||
21 | (b) The Director shall have the authority to grant | ||||||
22 | approval pursuant to
subparagraph (a) above prior to an | ||||||
23 | individual's formal admission into a
training course. | ||||||
24 | Requests for approval shall not be made more than 30 | ||||||
25 | days
prior to the actual starting date of such course. | ||||||
26 | Requests shall be made
at the appropriate unemployment |
| |||||||
| |||||||
1 | office.
| ||||||
2 | (c) The Director shall for purposes of paragraph C | ||||||
3 | have the authority
to issue a blanket approval of | ||||||
4 | training programs implemented pursuant to
the federal | ||||||
5 | Workforce
Innovation and Opportunity Act Workforce | ||||||
6 | Investment Act of 1998 if both the training program and | ||||||
7 | the criteria for an individual's
participation in such | ||||||
8 | training meet the requirements of this paragraph C.
| ||||||
9 | (d) Notwithstanding the requirements of | ||||||
10 | subparagraph (a), the Director
shall have the | ||||||
11 | authority to issue blanket approval of training | ||||||
12 | programs
implemented under the terms of a collective | ||||||
13 | bargaining agreement.
| ||||||
14 | 6. Notwithstanding any other provisions of this Act, an | ||||||
15 | individual shall
not be deemed unavailable for work or to | ||||||
16 | have failed actively to seek work,
nor shall he be | ||||||
17 | ineligible for benefits, by reason of the application of
| ||||||
18 | the provisions of Section 603 with respect to any week | ||||||
19 | because he is in
training approved under Section 236 (a)(1) | ||||||
20 | of the federal Trade Act of 1974,
nor shall an individual | ||||||
21 | be ineligible for benefits under the provisions
of Section | ||||||
22 | 601 by reason of leaving work voluntarily to enter such | ||||||
23 | training
if the work left is not of a substantially equal | ||||||
24 | or higher skill level than
the individual's past adversely | ||||||
25 | affected employment as defined under the
federal Trade Act | ||||||
26 | of 1974 and the wages for such work are less than 80% of |
| |||||||
| |||||||
1 | his
average weekly wage as determined under the federal | ||||||
2 | Trade Act of 1974.
| ||||||
3 | D. If his benefit year begins prior to July 6, 1975 or | ||||||
4 | subsequent to
January 2, 1982, he has been unemployed for a | ||||||
5 | waiting period of 1 week
during such benefit year. If his | ||||||
6 | benefit year begins on or after July 6,
l975, but prior to | ||||||
7 | January 3, 1982, and his unemployment
continues for more than | ||||||
8 | three weeks during such benefit year, he shall
be eligible for | ||||||
9 | benefits with respect to each week of such unemployment,
| ||||||
10 | including the first week thereof. An individual shall be deemed | ||||||
11 | to be
unemployed within the meaning of this subsection while | ||||||
12 | receiving public
assistance as remuneration for services | ||||||
13 | performed on work projects
financed from funds made available | ||||||
14 | to governmental agencies for such
purpose. No week shall be | ||||||
15 | counted as a week of unemployment for the
purposes of this | ||||||
16 | subsection:
| ||||||
17 | 1. Unless it occurs within the benefit year which | ||||||
18 | includes the week
with respect to which he claims payment | ||||||
19 | of benefits, provided that, for
benefit years beginning | ||||||
20 | prior to January 3, 1982, this
requirement shall not | ||||||
21 | interrupt the payment of benefits for consecutive
weeks of | ||||||
22 | unemployment; and provided further that the week | ||||||
23 | immediately
preceding a benefit year, if part of one | ||||||
24 | uninterrupted period of
unemployment which continues into | ||||||
25 | such benefit year, shall be deemed
(for the purpose of this | ||||||
26 | subsection only and with respect to benefit years
beginning |
| |||||||
| |||||||
1 | prior to January 3, 1982, only) to be within such benefit
| ||||||
2 | year, as well as within the preceding benefit year, if the | ||||||
3 | unemployed
individual would, except for the provisions of | ||||||
4 | the first paragraph and
paragraph 1 of this subsection and | ||||||
5 | of Section 605, be eligible for and
entitled to benefits | ||||||
6 | for such week.
| ||||||
7 | 2. If benefits have been paid with respect thereto.
| ||||||
8 | 3. Unless the individual was eligible for benefits with | ||||||
9 | respect
thereto except for the requirements of this | ||||||
10 | subsection and of Section
605.
| ||||||
11 | E. With respect to any benefit year beginning prior to | ||||||
12 | January 3, 1982,
he has been paid during his base period wages | ||||||
13 | for insured work not
less than the amount specified in Section | ||||||
14 | 500E of this Act as amended
and in effect on October 5, 1980. | ||||||
15 | With respect to any benefit year
beginning on or after January | ||||||
16 | 3, 1982, he has been paid during his base
period wages for | ||||||
17 | insured work equal to not less than $1,600, provided that
he | ||||||
18 | has been paid wages for insured work equal to at least $440 | ||||||
19 | during that
part of his base period which does not include the | ||||||
20 | calendar quarter in
which the wages paid to him were highest.
| ||||||
21 | F. During that week he has participated in reemployment | ||||||
22 | services to which
he has been referred, including but not | ||||||
23 | limited to job search assistance
services, pursuant to a | ||||||
24 | profiling system established by the Director by rule in
| ||||||
25 | conformity with Section 303(j)(1) of the federal Social | ||||||
26 | Security Act, unless
the Director determines that:
|
| |||||||
| |||||||
1 | 1. the individual has completed such services; or
| ||||||
2 | 2. there is justifiable cause for the claimant's | ||||||
3 | failure to participate in
such services.
| ||||||
4 | This subsection F is added by this amendatory Act of 1995 | ||||||
5 | to clarify
authority already provided under subsections A and C | ||||||
6 | in connection with the
unemployment insurance claimant | ||||||
7 | profiling system required under subsections
(a)(10) and (j)(1) | ||||||
8 | of Section 303 of the federal Social Security Act as a
| ||||||
9 | condition of federal
funding for the administration of the | ||||||
10 | Unemployment Insurance Act.
| ||||||
11 | (Source: P.A. 92-396, eff. 1-1-02.)
| ||||||
12 | (820 ILCS 405/502) | ||||||
13 | Sec. 502. Eligibility for benefits under the Short-Time | ||||||
14 | Compensation Program. | ||||||
15 | A. The Director may by rule establish a short-time | ||||||
16 | compensation program consistent with this Section. No | ||||||
17 | short-time compensation shall be payable except as authorized | ||||||
18 | by rule. | ||||||
19 | B. As used in this Section: | ||||||
20 | "Affected unit" means a specified plant, department, | ||||||
21 | shift, or other definable unit that includes 2 or more workers | ||||||
22 | to which an approved short-time compensation plan applies. | ||||||
23 | "Health and retirement benefits" means employer-provided | ||||||
24 | health benefits and retirement benefits under a defined benefit | ||||||
25 | pension plan (as defined in Section 414(j) of the Internal |
| |||||||
| |||||||
1 | Revenue Code) or contributions under a defined contribution | ||||||
2 | plan (defined in Section 414(i) of the Internal Revenue Code), | ||||||
3 | which are incidents of employment in addition to the cash | ||||||
4 | remuneration earned. | ||||||
5 | "Short-time compensation" means the unemployment benefits | ||||||
6 | payable to employees in an affected unit under an approved | ||||||
7 | short-time compensation plan, as distinguished from the | ||||||
8 | unemployment benefits otherwise payable under this Act. | ||||||
9 | "Short-time compensation plan" means a plan submitted by an | ||||||
10 | employer, for approval by the Director, under which the | ||||||
11 | employer requests the payment of short-time compensation to | ||||||
12 | workers in an affected unit of the employer to avert layoffs. | ||||||
13 | "Usual weekly hours of work" means the usual hours of work | ||||||
14 | for full-time or part-time employees in the affected unit when | ||||||
15 | that unit is operating on its regular basis, not to exceed 40 | ||||||
16 | hours and not including hours of overtime work. | ||||||
17 | "Unemployment insurance" means the unemployment benefits | ||||||
18 | payable under this Act other than short-time compensation and | ||||||
19 | includes any amounts payable pursuant to an agreement under any | ||||||
20 | Federal law providing for compensation, assistance, or | ||||||
21 | allowances with respect to unemployment. | ||||||
22 | C. An employer wishing to participate in the short-time | ||||||
23 | compensation program shall submit a signed written short-time | ||||||
24 | compensation plan to the Director for approval. The Director | ||||||
25 | shall develop an application form to request approval of a | ||||||
26 | short-time compensation plan and an approval process. The |
| |||||||
| |||||||
1 | application shall include: | ||||||
2 | 1. The employer's unemployment insurance account | ||||||
3 | number, the affected unit covered by the plan, including | ||||||
4 | the number of full-time or part-time workers in such unit, | ||||||
5 | the percentage of workers in the affected unit covered by | ||||||
6 | the plan, identification of each individual employee in the | ||||||
7 | affected unit by name and social security number, and any | ||||||
8 | other information required by the Director to identify plan | ||||||
9 | participants. | ||||||
10 | 2. A description of how workers in the affected unit | ||||||
11 | will be notified of the employer's participation in the | ||||||
12 | short-time compensation plan if such application is | ||||||
13 | approved, including how the employer will notify those | ||||||
14 | workers in a collective bargaining unit as well as any | ||||||
15 | workers in the affected unit who are not in a collective | ||||||
16 | bargaining unit. If the employer will not provide advance | ||||||
17 | notice to workers in the affected unit, the employer shall | ||||||
18 | explain in a statement in the application why it is not | ||||||
19 | feasible to provide such notice. | ||||||
20 | 3. The employer's certification that it has the | ||||||
21 | approval of the plan from all collective bargaining | ||||||
22 | representatives of employees in the affected unit and has | ||||||
23 | notified all employees in the affected unit who are not in | ||||||
24 | a collective bargaining unit of the plan. | ||||||
25 | 4. The employer's certification that it will not hire | ||||||
26 | additional part-time or full-time employees for, or |
| |||||||
| |||||||
1 | transfer employees to, the affected unit, while the program | ||||||
2 | is in operation. | ||||||
3 | 5. A requirement that the employer identify the usual | ||||||
4 | weekly hours of work for employees in the affected unit and | ||||||
5 | the specific percentage by which their hours will be | ||||||
6 | reduced during all weeks covered by the plan. An | ||||||
7 | application shall specify the percentage of reduction for | ||||||
8 | which a short-time compensation application may be | ||||||
9 | approved which shall be not less than 20% and not more than | ||||||
10 | 60%. If the plan includes any week for which the employer | ||||||
11 | regularly provides no work (due to a holiday or other plant | ||||||
12 | closing), then such week shall be identified in the | ||||||
13 | application. | ||||||
14 | 6. Certification by the employer that, if the employer | ||||||
15 | provides health and retirement benefits to any employee | ||||||
16 | whose usual weekly hours of work are reduced under the | ||||||
17 | program, such benefits will continue to be provided to the | ||||||
18 | employee participating in the short-time compensation | ||||||
19 | program under the same terms and conditions as though the | ||||||
20 | usual weekly hours of work of such employee had not been | ||||||
21 | reduced or to the same extent as other employees not | ||||||
22 | participating in the short-time compensation program. For | ||||||
23 | defined benefit retirement plans, the hours that are | ||||||
24 | reduced under the short-time compensation plan shall be | ||||||
25 | credited for purposes of participation, vesting, and | ||||||
26 | accrual of benefits as though the usual weekly hours of |
| |||||||
| |||||||
1 | work had not been reduced. The dollar amount of employer | ||||||
2 | contributions to a defined contribution plan that are based | ||||||
3 | on a percentage of compensation may be less due to the | ||||||
4 | reduction in the employee's compensation. Notwithstanding | ||||||
5 | any other provision to the contrary, a certification that a | ||||||
6 | reduction in health and retirement benefits is scheduled to | ||||||
7 | occur during the duration of the plan and will be | ||||||
8 | applicable equally to employees who are not participating | ||||||
9 | in the short-time compensation program and to those | ||||||
10 | employees who are participating satisfies this paragraph. | ||||||
11 | 7. Certification by the employer that the aggregate | ||||||
12 | reduction in work hours is in lieu of layoffs (temporary or | ||||||
13 | permanent layoffs, or both). The application shall include | ||||||
14 | an estimate of the number of workers who would have been | ||||||
15 | laid off in the absence of the short-time compensation | ||||||
16 | plan. | ||||||
17 | 8. Agreement by the employer to: furnish reports to the | ||||||
18 | Director relating to the proper conduct of the plan; allow | ||||||
19 | the Director or his or her authorized representatives | ||||||
20 | access to all records necessary to approve or disapprove | ||||||
21 | the plan application, and after approval of a plan, to | ||||||
22 | monitor and evaluate the plan; and follow any other | ||||||
23 | directives the Director deems necessary for the agency to | ||||||
24 | implement the plan and which are consistent with the | ||||||
25 | requirements for plan applications. | ||||||
26 | 9. Certification by the employer that participation in |
| |||||||
| |||||||
1 | the short-time compensation plan and its implementation is | ||||||
2 | consistent with the employer's obligations under | ||||||
3 | applicable Federal and Illinois laws. | ||||||
4 | 10. The effective date and duration of the plan, which | ||||||
5 | shall expire no later than the end of the 12th full | ||||||
6 | calendar month after the effective date. | ||||||
7 | 11. Any other provision added to the application by the | ||||||
8 | Director that the United States Secretary of Labor | ||||||
9 | determines to be appropriate for purposes of a short-time | ||||||
10 | compensation program. | ||||||
11 | D. The Director shall approve or disapprove a short-time | ||||||
12 | compensation plan in writing within 45 days of its receipt and | ||||||
13 | promptly communicate the decision to the employer. A decision | ||||||
14 | disapproving the plan shall clearly identify the reasons for | ||||||
15 | the disapproval. The disapproval shall be final, but the | ||||||
16 | employer shall be allowed to submit another short-time | ||||||
17 | compensation plan for approval not earlier than 30 days from | ||||||
18 | the date of the disapproval. | ||||||
19 | E. The short-time compensation plan shall be effective on | ||||||
20 | the mutually agreed upon date by the employer and the Director, | ||||||
21 | which shall be specified in the notice of approval to the | ||||||
22 | employer. The plan shall expire on the date specified in the | ||||||
23 | notice of approval, which shall be mutually agreed on by the | ||||||
24 | employer and Director but no later than the end of the 12th | ||||||
25 | full calendar month after its effective date. However, if a | ||||||
26 | short-time compensation plan is revoked by the Director, the |
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1 | plan shall terminate on the date specified in the Director's | ||||||
2 | written order of revocation. An employer may terminate a | ||||||
3 | short-time compensation plan at any time upon written notice to | ||||||
4 | the Director. Upon receipt of such notice from the employer, | ||||||
5 | the Director shall promptly notify each member of the affected | ||||||
6 | unit of the termination date. An employer may submit a new | ||||||
7 | application to participate in another short-time compensation | ||||||
8 | plan at any time after the expiration or termination date. | ||||||
9 | F. The Director may revoke approval of a short-time | ||||||
10 | compensation plan for good cause at any time, including upon | ||||||
11 | the request of any of the affected unit's employees or their | ||||||
12 | collective bargaining representative. The revocation order | ||||||
13 | shall be in writing and shall specify the reasons for the | ||||||
14 | revocation and the date the revocation is effective. The | ||||||
15 | Director may periodically review the operation of each | ||||||
16 | employer's short-time compensation plan to assure that no good | ||||||
17 | cause exists for revocation of the approval of the plan. Good | ||||||
18 | cause shall include, but not be limited to, failure to comply | ||||||
19 | with the assurances given in the plan, termination of the | ||||||
20 | approval of the plan by a collective bargaining representative | ||||||
21 | of employees in the affected unit, unreasonable revision of | ||||||
22 | productivity standards for the affected unit, conduct or | ||||||
23 | occurrences tending to defeat the intent and effective | ||||||
24 | operation of the short-time compensation plan, and violation of | ||||||
25 | any criteria on which approval of the plan was based. | ||||||
26 | G. An employer may request a modification of an approved |
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1 | plan by filing a written request to the Director. The request | ||||||
2 | shall identify the specific provisions proposed to be modified | ||||||
3 | and provide an explanation of why the proposed modification is | ||||||
4 | appropriate for the short-time compensation plan. The Director | ||||||
5 | shall approve or disapprove the proposed modification in | ||||||
6 | writing within 30 days of receipt and promptly communicate the | ||||||
7 | decision to the employer. The Director, in his or her | ||||||
8 | discretion, may approve a request for modification of the plan | ||||||
9 | based on conditions that have changed since the plan was | ||||||
10 | approved provided that the modification is consistent with and | ||||||
11 | supports the purposes for which the plan was initially | ||||||
12 | approved. A modification may not extend the expiration date of | ||||||
13 | the original plan, and the Director must promptly notify the | ||||||
14 | employer whether the plan modification has been approved and, | ||||||
15 | if approved, the effective date of modification. An employer is | ||||||
16 | not required to request approval of plan modification from the | ||||||
17 | Director if the change is not substantial, but the employer | ||||||
18 | must report every change to plan to the Director promptly and | ||||||
19 | in writing. The Director may terminate an employer's plan if | ||||||
20 | the employer fails to meet this reporting requirement. If the | ||||||
21 | Director determines that the reported change is substantial, | ||||||
22 | the Director shall require the employer to request a | ||||||
23 | modification to the plan. | ||||||
24 | H. An individual is eligible to receive short-time | ||||||
25 | compensation with respect to any week only if the individual is | ||||||
26 | eligible for unemployment insurance pursuant to subsection E of |
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1 | Section 500, not otherwise disqualified for unemployment | ||||||
2 | insurance, and: | ||||||
3 | 1. During the week, the individual is employed as a | ||||||
4 | member of an affected unit under an approved short-time | ||||||
5 | compensation plan, which was approved prior to that week, | ||||||
6 | and the plan is in effect with respect to the week for | ||||||
7 | which short-time compensation is claimed. | ||||||
8 | 2. Notwithstanding any other provision of this Act | ||||||
9 | relating to availability for work and actively seeking | ||||||
10 | work, the individual is available for the individual's | ||||||
11 | usual hours of work with the short-time compensation | ||||||
12 | employer, which may include, for purposes of this Section, | ||||||
13 | participating in training to enhance job skills that is | ||||||
14 | approved by the Director, including but not limited to as | ||||||
15 | employer-sponsored training or training funded under the | ||||||
16 | federal Workforce
Innovation and Opportunity Act Workforce | ||||||
17 | Investment Act of 1998 . | ||||||
18 | 3. Notwithstanding any other provision of law, an | ||||||
19 | individual covered by a short-time compensation plan is | ||||||
20 | deemed unemployed in any week during the duration of such | ||||||
21 | plan if the individual's remuneration as an employee in an | ||||||
22 | affected unit is reduced based on a reduction of the | ||||||
23 | individual's usual weekly hours of work under an approved | ||||||
24 | short-time compensation plan. | ||||||
25 | I. The short-time compensation weekly benefit amount shall | ||||||
26 | be the product of the percentage of reduction in the |
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| |||||||
1 | individual's usual weekly hours of work multiplied by the sum | ||||||
2 | of the regular weekly benefit amount for a week of total | ||||||
3 | unemployment plus any applicable dependent allowance pursuant | ||||||
4 | to subsection C of Section 401. | ||||||
5 | 1. An individual may be eligible for short-time | ||||||
6 | compensation or unemployment insurance, as appropriate, | ||||||
7 | except that no individual shall be eligible for combined | ||||||
8 | benefits (excluding any payments attributable to a | ||||||
9 | dependent allowance pursuant to subsection C of Section | ||||||
10 | 401) in any benefit year in an amount more than the maximum | ||||||
11 | benefit amount, nor shall an individual be paid short-time | ||||||
12 | compensation benefits for more than 52 weeks under a | ||||||
13 | short-time compensation plan. | ||||||
14 | 2. The short-time compensation paid to an individual | ||||||
15 | (excluding any payments attributable to a dependent | ||||||
16 | allowance pursuant to subsection C of Section 401) shall be | ||||||
17 | deducted from the maximum benefit amount established for | ||||||
18 | that individual's benefit year. | ||||||
19 | 3. Provisions applicable to unemployment insurance | ||||||
20 | claimants shall apply to short-time compensation claimants | ||||||
21 | to the extent that they are not inconsistent with | ||||||
22 | short-time compensation provisions. An individual who | ||||||
23 | files an initial claim for short-time compensation | ||||||
24 | benefits shall receive a monetary determination. | ||||||
25 | 4. The following provisions apply to individuals who | ||||||
26 | work for both a short-time compensation employer and |
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1 | another employer during weeks covered by the approved | ||||||
2 | short-time compensation plan: | ||||||
3 | i. If combined hours of work in a week for both | ||||||
4 | employers do not result in a reduction of at least 20% | ||||||
5 | of the usual weekly hours of work with the short-time | ||||||
6 | compensation employer, the individual shall not be | ||||||
7 | entitled to benefits under this Section. | ||||||
8 | ii. If combined hours of work for both employers | ||||||
9 | results in a reduction equal to or greater than 20% of | ||||||
10 | the usual weekly hours of work for the short-time | ||||||
11 | compensation employer, the short-time compensation | ||||||
12 | benefit amount payable to the individual is reduced for | ||||||
13 | that week and is determined by multiplying the | ||||||
14 | percentage by which the combined hours of work have | ||||||
15 | been reduced by the sum of the weekly benefit amount | ||||||
16 | for a week of total unemployment plus any applicable | ||||||
17 | dependent allowance pursuant to subsection C of | ||||||
18 | Section 401. A week for which benefits are paid under | ||||||
19 | this subparagraph shall be reported as a week of | ||||||
20 | short-time compensation. | ||||||
21 | iii. If an individual worked the reduced | ||||||
22 | percentage of the usual weekly hours of work for the | ||||||
23 | short-time compensation employer and is available for | ||||||
24 | all his or her usual hours of work with the short-time | ||||||
25 | compensation employer, and the individual did not work | ||||||
26 | any hours for the other employer either because of the |
| |||||||
| |||||||
1 | lack of work with that employer or because the | ||||||
2 | individual is excused from work with the other | ||||||
3 | employer, the individual shall be eligible for | ||||||
4 | short-time compensation for that week. The benefit | ||||||
5 | amount for such week shall be calculated as provided in | ||||||
6 | the introductory clause of this subsection I. | ||||||
7 | iv. An individual who is not provided any work | ||||||
8 | during a week by the short-time compensation employer, | ||||||
9 | or any other employer, and who is otherwise eligible | ||||||
10 | for unemployment insurance shall be eligible for the | ||||||
11 | amount of regular unemployment insurance determined | ||||||
12 | without regard to this Section. | ||||||
13 | v. An individual who is not provided any work by | ||||||
14 | the short-time compensation employer during a week, | ||||||
15 | but who works for another employer and is otherwise | ||||||
16 | eligible may be paid unemployment insurance for that | ||||||
17 | week subject to the disqualifying income and other | ||||||
18 | provisions applicable to claims for regular | ||||||
19 | unemployment insurance. | ||||||
20 | J. Short-time compensation shall be charged to employers in | ||||||
21 | the same manner as unemployment insurance is charged under | ||||||
22 | Illinois law. Employers liable for payments in lieu of | ||||||
23 | contributions shall have short-time compensation attributed to | ||||||
24 | service in their employ in the same manner as unemployment | ||||||
25 | insurance is attributed. Notwithstanding any other provision | ||||||
26 | to the contrary, to the extent that short-term compensation |
| |||||||
| |||||||
1 | payments under this Section are reimbursed by the federal | ||||||
2 | government, no benefit charges or payments in lieu of | ||||||
3 | contributions shall be accrued by a participating employer. | ||||||
4 | K. A short-time compensation plan shall not be approved for | ||||||
5 | an employer that is delinquent in the filing of any reports | ||||||
6 | required or the payment of contributions, payments in lieu of | ||||||
7 | contributions, interest, or penalties due under this Act | ||||||
8 | through the date of the employer's application. | ||||||
9 | L. Overpayments of other benefits under this Act may be | ||||||
10 | recovered from an individual receiving short-time compensation | ||||||
11 | under this Act in the manner provided under Sections 900 and | ||||||
12 | 901. Overpayments under the short-time compensation plan may be | ||||||
13 | recovered from an individual receiving other benefits under | ||||||
14 | this Act in the manner provided under Sections 900 and 901. | ||||||
15 | M. An individual who has received all of the short-time | ||||||
16 | compensation or combined unemployment insurance and short-time | ||||||
17 | compensation available in a benefit year shall be considered an | ||||||
18 | exhaustee for purposes of extended benefits, as provided under | ||||||
19 | the provisions of Section 409, and, if otherwise eligible under | ||||||
20 | those provisions, shall be eligible to receive extended | ||||||
21 | benefits.
| ||||||
22 | (Source: P.A. 98-1133, eff. 12-23-14.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|