Bill Text: IL HB2927 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Illinois Emergency Employment Development Act. Defines "Advisory Committee", "Department", "Director", "Employment Administrator", "service delivery area", and "Workforce Investment Act". Sets forth the powers of the Illinois Emergency Development coordinator and the uses for funds appropriated for the program. Provides that the Department of Employment Security shall publicize the program and that the Board of Higher Education and Community College Board shall review their policies to ensure that specified programs serve the needs of the economically disadvantaged. Sets forth the requirements for businesses receiving funds under the program concerning repayment. Establishes the Illinois 21st Century Workforce Development Fund Advisory Committee and provides its powers and duties. Provides how the funds shall be allocated among service delivery areas. Sets forth the powers and duties of the Employment Administrator. Provides what constitutes an eligible employer under the Act. Creates the Illinois 21st Century Workforce Development Fund. Provides that the Secretary of Human Services shall inform each applicant or recipient of the benefits of the program. Provides that the State of Illinois and other governmental units may employ unemployed or underemployed persons pursuant to this Act. Effective July 1, 2011.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0581 [HB2927 Detail]
Download: Illinois-2011-HB2927-Chaptered.html
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Public Act 097-0581 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Emergency Employment Development | ||||
Act is amended by changing Sections 2, 3, 6, 7, 9 and by adding | ||||
Sections 11, 12, 13, 14, 17, and 18 as follows:
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(20 ILCS 630/2) (from Ch. 48, par. 2402)
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Sec. 2. For the purposes of this Act, the following words | ||||
have the
meanings ascribed to them in this Section.
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(a) "Advisory Committee" means the 21st Century Workforce | ||||
Development Fund Advisory Committee, established under the | ||||
21st Century Workforce Development Fund Act. | ||||
(b) (a) "Coordinator" means the Illinois Emergency | ||||
Employment
Development Coordinator appointed under Section 3.
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(c) "Department" means the Illinois Department of Commerce | ||||
and Economic Opportunity. | ||||
(d) "Director" means the Director of Commerce and Economic | ||||
Opportunity. | ||||
(e) (b) "Eligible business" means a for-profit business.
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(f) (c) "Eligible employer" means an eligible nonprofit | ||||
agency, or
an eligible business.
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(g) (d) "Eligible job applicant" means a person who (1) has | ||||
been a resident
of this State for at least one year; and (2) is |
unemployed;
and (3) is not
receiving and is not qualified to | ||
receive unemployment compensation or
workers' compensation; | ||
and (4) is determined by the employment
administrator to be | ||
likely to be available for employment by an eligible
employer | ||
for the duration of the job. :
| ||
A. (1) has been a resident
of this State for at least | ||
one year; and (2) is unemployed;
and (3) is not
receiving | ||
and is not qualified to receive unemployment compensation | ||
or
workers' compensation; and (4) is determined by the | ||
employment
administrator to be likely to be available for | ||
employment by an eligible
employer for the duration of the | ||
job; or
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B. is otherwise eligible
for services under the Job | ||
Training Partnership Act (29 USCA 1501 et seq.).
| ||
In addition, a farmer who resides in a county qualified | ||
under Federal
Disaster Relief and who can demonstrate severe | ||
financial need may be
considered unemployed under this | ||
subsection.
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(h) (e) "Eligible nonprofit agency" means an organization | ||
exempt from
taxation under the Internal Revenue Code of 1954, | ||
Section 501(c)(3).
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(i) (f) "Employment administrator" means the | ||
administrative entity designated by the Coordinator, and | ||
approved by the Advisory Committee, to administer the | ||
provisions of this Act in each service delivery area. With | ||
approval of the Advisory Committee, the Coordinator may |
designate an administrative entity authorized under the | ||
Workforce Investment Act or private, public, or non-profit | ||
entities that have proven effectiveness in providing training, | ||
workforce development, and job placement services to | ||
low-income individuals Manager of the
Department of Commerce | ||
and Economic Opportunity Job Training Programs Division
or his | ||
or her designee .
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(j) "Fringe benefits" means all non-salary costs for each | ||
person employed under the program, including, but not limited | ||
to, workers compensation, unemployment insurance, and health | ||
benefits, as would be provided to non-subsidized employees | ||
performing similar work. | ||
(k) (g) "Household" means a group of persons living at the | ||
same residence
consisting of, at a maximum, spouses and the | ||
minor children of each.
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(l) (h) "Program" means the Illinois Emergency Employment | ||
Development
Program created by this Act consisting of temporary | ||
work relief projects in
nonprofit agencies and new job creation | ||
in the private sector.
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(i) "Service Delivery Area" means that unit or units of | ||
local
government designated by the Governor pursuant to Title | ||
I, Part A, Section
102 of the Job Training Partnership Act (29 | ||
USCA et seq.).
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(j) "Excess unemployed" means the number of unemployed in | ||
excess of 6.5%
of the service delivery area population.
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(k) "Private industry council" means governing body of each |
service
delivery area created pursuant to Title I, Section 102 | ||
of the Job Training
Partnership Act (29 USC 1501 et seq.).
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(m) "Service delivery area" means an area designated as a | ||
Local Workforce Investment Area by the State. | ||
(n) "Workforce Investment Act" means the federal Workforce | ||
Investment Act of 1998, any amendments to that Act, and any | ||
other applicable federal statutes. | ||
(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 630/3) (from Ch. 48, par. 2403)
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Sec. 3. Illinois Emergency Employment
Development | ||
Coordinator. | ||
(a) The governor shall may appoint an Illinois Emergency | ||
Employment
Development Coordinator to administer the | ||
provisions of this Act. The
coordinator shall be within the | ||
Department of Commerce and Economic Opportunity, but shall be | ||
responsible directly to the governor. The coordinator
shall | ||
have the powers necessary to carry out the purpose of the | ||
program.
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(b) The coordinator shall:
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(1) recommend one or more Employment Administrators | ||
for each service delivery area for approval by the Advisory | ||
Committee, with recommendations based on the demonstrated | ||
ability of the Employment Administrator to identify and | ||
address local needs Coordinate the Program with other State | ||
agencies ;
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(2) enter into a contract with one or more Employment | ||
Administrators in each service delivery area Coordinate | ||
administration of the program with the general assistance | ||
program ;
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(3) assist the Employment Administrator in developing | ||
a satisfactory plan if an Employment Administrator submits | ||
one that does not conform to program requirements Set | ||
policy regarding disbursement of program funds ; and
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(4) convene and provide staff support to the Advisory | ||
Committee; | ||
(5) coordinate the program with other State agencies | ||
and services including public benefits and workforce | ||
programs for unemployed individuals; and Perform general | ||
program marketing and monitoring functions.
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(6) perform general program marketing and monitoring | ||
functions. | ||
(c) The coordinator shall administer the program within the | ||
Department
of Commerce and Economic Opportunity. The Director | ||
of Commerce and Economic Opportunity shall provide | ||
administrative support services to the coordinator
for the | ||
purposes of the program.
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(d) The coordinator shall report to the Governor, the | ||
Advisory Committee, Illinois Job
Training Coordinating Council | ||
and the General Assembly on a
quarterly basis concerning (1) | ||
the number of persons employed under the
program; (2) the | ||
number and type
of employers under the program; (3) the amount |
of money spent in each
service delivery area for wages for each | ||
type of employment
and each type of other
expenses; (4) the | ||
number of persons who have completed participation in the
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program and their current employment, educational or training | ||
status; and
(5) any information requested by the General | ||
Assembly , the Advisory Committee, or governor or deemed
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pertinent by the coordinator ; and (6) any identified violations | ||
of this Act and actions taken . Each report shall include | ||
cumulative
information, as well as information for each | ||
quarter.
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(e) Rules. The Director of Commerce and Economic | ||
Opportunity, with the
advice of the coordinator and the | ||
Advisory Committee , shall adopt rules for the administration | ||
and
enforcement of this Act.
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(Source: P.A. 96-995, eff. 1-1-11.)
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(20 ILCS 630/6) (from Ch. 48, par. 2406)
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Sec. 6. Program funds; uses. Funds appropriated for the | ||
purposes of the program shall not
exceed $10 million per fiscal | ||
year.
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Funds appropriated for the purposes of the program may be | ||
used as follows:
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(a) To provide a State contribution for wages and fringe | ||
benefits for
eligible job applicants for a maximum of 1,040 | ||
hours over a maximum period
of 52 26 weeks per job applicant. | ||
For eligible job applicants participating
in a job training |
program, the State contribution for wages may be used for a
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maximum period of 52 weeks per job applicant. The minimum | ||
allowable hourly wage for job applicants employed in this | ||
program shall not be below 120% of the current State minimum | ||
wage rate. At least 75% of the funds appropriated for the | ||
program must be used to pay wages and fringe benefits for | ||
eligible job applicants. State contribution amounts are as | ||
follows: | ||
(1) For for-profit business employers, the The State | ||
contribution for
wages shall be 50% of the minimum | ||
allowable hourly wage wages up to a maximum of $4 per hour | ||
for each
eligible job applicant employed.
The State | ||
contribution for fringe benefits may be up to 25% of the | ||
State wage contribution $1 per hour for
each eligible job | ||
applicant employed. The employer must match wages in an | ||
amount equal to or greater than the State contribution for | ||
this program. Employers are responsible for the remaining | ||
costs of any benefits provided and other employment related | ||
costs. The However, the employer may use funds
from other | ||
sources to provide increased wages and benefits to the | ||
applicants it employs .
During the first fiscal year in | ||
which the program is in effect, at least
75% of the funds | ||
appropriated for the program must be used
to pay wages for | ||
eligible job applicants. During each subsequent fiscal
| ||
year in which the program is in effect, at least 85% of the | ||
funds appropriated
for the program must be used to pay |
wages for eligible job applicants ;
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(2) For non-profit employers participating in this | ||
program, the State contribution for wages shall be 75% of | ||
the minimum allowable hourly wage for each eligible job | ||
applicant employed. The State contribution for fringe | ||
benefits may be up to 25% of the state wage contribution | ||
per hour for each eligible job applicant employed. The | ||
employer must match wages in an amount equal to or greater | ||
than the State contribution for this program. The State | ||
contribution may be used to provide workers' compensation | ||
coverage to applicants employed by government or | ||
non-profit agencies under this Act. Employers are | ||
responsible for the remaining costs of any benefits. The | ||
employer may use funds from other sources to provide | ||
increased wages and benefits to the applicants it employs. | ||
(b) To provide child care services or subsidies or other | ||
supportive services necessary to maintain employment to | ||
applicants employed
under the program;
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(c) To provide workers' compensation coverage to | ||
applicants employed by
nonprofit agencies under the program;
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(d) To provide job search assistance, labor market | ||
orientation, job
seeking and work readiness skills, and | ||
referral for other services;
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(e) To purchase supplies and materials for projects | ||
creating permanent
improvements to public property in an amount | ||
not to exceed one percent of
the funds appropriated ; and .
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(f) To reimburse the Department in an amount not to exceed | ||
1% of the funds appropriated for the actual cost of | ||
administering this Act, and to reimburse the Employment | ||
Administrators in an amount not to exceed 4.5% of the funds | ||
allocated to them for their actual cost of administering this | ||
Act. The Director and the Employment Administrators shall | ||
leverage funds from other sources to cover the administrative | ||
costs of this program whenever possible. | ||
The Employment Administrator of each service delivery area | ||
shall submit to the Coordinator a spending plan establishing | ||
that funds allocated to the service delivery area will be used | ||
within one year after the effective date, in the manner | ||
required by this Act. Any funds allocated to a service delivery | ||
area for which there is no spending plan approved by the | ||
Coordinator shall be returned to the Department and may be | ||
reallocated by the Coordinator to other Employment | ||
Administrators. | ||
(Source: P.A. 84-792.)
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(20 ILCS 630/7) (from Ch. 48, par. 2407)
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Sec. 7. Duties of State agencies. | ||
(a) The Department of Employment Security Commerce and | ||
Economic Opportunity shall
post information publicizing | ||
publicize the program and shall provide staff assistance as | ||
requested by
employment administrators in the screening of | ||
businesses and the collection of
data about participants in the |
program .
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(b) The Secretary of Human Services shall make available to | ||
each employment administrator lists of local child care | ||
providers through the Child Care Resource and Referral Network | ||
available to persons employed under the program. The Director | ||
of Children and Family Services shall provide to each
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employment administrator lists of currently licensed local day | ||
care
facilities, updated quarterly, to be available to all | ||
persons employed under
the program.
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(c) The Secretary of Human Services shall
post information | ||
publicizing the program to applicants and recipients of take | ||
all steps necessary to
inform each applicant for public aid of | ||
the availability of the program .
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(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 630/9) (from Ch. 48, par. 2409)
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Sec. 9. (a) Eligible businesses. A business employer is an | ||
eligible
employer if it enters into a written contract, signed | ||
and subscribed to
under oath, with the employment administrator | ||
for its service delivery
area containing assurances that:
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(1) funds received by a business shall be used only as | ||
permitted under the program;
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(2) the business has submitted a plan to the employment | ||
administrator
(1) describing the duties and proposed | ||
compensation of each employee
proposed to be hired under the | ||
program; and (2) demonstrating that with the
funds provided |
under the program the business is likely to succeed and
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continue to employ persons hired under the program;
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(3) the business will use funds exclusively for | ||
compensation and fringe
benefits of eligible job applicants and | ||
will provide employees hired with
these funds with fringe | ||
benefits and other terms and conditions of
employment | ||
comparable to those provided to other employees of the business
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who do comparable work;
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(4) the funds are necessary to allow the business to begin, | ||
or to employ
additional people, but not to fill positions which | ||
would be filled even in
the absence of funds from this program;
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(5) the business will cooperate with the coordinator in | ||
collecting data
to assess the result of the program; and
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(6) the business is in compliance with all applicable | ||
affirmative
action, fair labor, health, safety, and | ||
environmental standards.
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(b) In allocating funds among eligible businesses, the | ||
employment
administrator shall give priority to businesses | ||
which best satisfy the following
criteria:
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(1) have a high potential for growth and long-term job | ||
creation;
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(2) are labor intensive;
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(3) make high use of local and State resources;
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(4) are under ownership of women and minorities;
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(4-5) meet the definition of a small business as defined in | ||
Section 5 of the Small Business Advisory Act; |
(4-10) produce energy conserving materials or services or | ||
are involved in development of renewable sources of energy; | ||
(5) have their primary places of business in the State; and
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(6) intend to continue the employment of the eligible | ||
applicant for at
least 6 months of unsubsidized employment.
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(c) (Blank). If the eligible employee remains employed for | ||
6 months of unsubsidized
employment, his employer may apply for | ||
a bonus equal to 1/6 of the subsidy
provided to the employer | ||
for that employee under this Act.
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(d) A business receiving funds under this program shall | ||
repay 70% of the amount received for each eligible job | ||
applicant employed who does not continue in the employment of | ||
the business for at least 6 months beyond the subsidized period | ||
unless the employer dismisses an employee for good cause and | ||
works with the Employment Administrator to employ and train | ||
another person referred by the Employment Administrator. The | ||
Employment Administrator shall forward payments received under | ||
this subsection to the Coordinator on a monthly basis. The | ||
Coordinator shall deposit these payments into the Illinois 21st | ||
Century Workforce Development Fund. | ||
(Source: P.A. 84-1399.)
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(20 ILCS 630/11 new) | ||
Sec. 11. Illinois 21st Century Workforce Development Fund | ||
Advisory Committee. | ||
(a) The 21st Century Workforce Development Fund Advisory |
Committee, established under the 21st Century Workforce | ||
Development Fund Act, shall provide oversight to the Illinois | ||
Emergency Employment Development program. | ||
(b) The Advisory Committee shall meet at the call of the | ||
Coordinator to do the following: | ||
(1) establish guidelines for the selection of | ||
Employment Administrators; | ||
(2) review recommendations of the Coordinator and | ||
approve final selection of Employment Administrators; | ||
(3) develop guidelines for the emergency employment | ||
development plans to be created by each Employment | ||
Administrator; | ||
(4) review the emergency employment development plan | ||
submitted by the Employment Administrator of each service | ||
delivery area and approve satisfactory plans; | ||
(5) ensure that the program is widely marketed to | ||
employers and eligible job seekers; | ||
(6) set policy regarding disbursement of program | ||
funds; and | ||
(7) review program quarterly reports and make | ||
recommendations for program improvements as needed.
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(20 ILCS 630/12 new) | ||
Sec. 12. Allocation of funds among service delivery areas. | ||
(a) 90% of the funds available for allocation to Employment | ||
Administrators for the program must be allocated among service |
delivery areas as follows: each service delivery area shall be | ||
eligible to receive that proportion of the funds available | ||
which equals the number of unemployed persons in the service | ||
delivery area divided by the total number of unemployed persons | ||
in the State for the 12-month period ending on the most recent | ||
March 31. | ||
(b) 10% of the funds available for allocation to employment | ||
administrators under the program must be allocated at the | ||
discretion of the Advisory Committee to Employment | ||
Administrators: | ||
(1) who will maximize the use of the funds through | ||
coordination with other programs and State, local, and | ||
federal agencies, through the use of matching funds, or | ||
through the involvement of low-income constituent groups; | ||
(2) who have demonstrated need beyond the allocation | ||
available under subsection (a); and | ||
(3) who have demonstrated outstanding performance in | ||
job creation.
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(20 ILCS 630/13 new) | ||
Sec. 13. Allocation within service delivery areas; | ||
priorities. Allocation of funds within a service delivery area | ||
shall be determined by the Employment Administrator in each | ||
service delivery area. The Employment Administrator shall give | ||
priority to job applicants who: (i) live in households with no | ||
other earned income source; (ii) have been unemployed for 6 |
months or more; or (iii) who would otherwise be eligible to | ||
receive Temporary Aid to Needy Families under Article IV of the | ||
Public Aid Code, Supplemental Nutrition Assistance Program, or | ||
general assistance under Article VI of the Illinois Public Aid | ||
Code.
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(20 ILCS 630/14 new) | ||
Sec. 14. Employment Administrators; powers and duties. | ||
(a) The Employment Administrator for each service delivery | ||
area has the powers and duties given in this Section and any | ||
additional duties given by the Coordinator. | ||
(b) Each Employment Administrator shall develop an | ||
emergency employment development plan for its service delivery | ||
area under guidelines developed by the Advisory Committee and | ||
submit it to the Coordinator within the period allowed by the | ||
Coordinator. To the extent feasible, the Employment | ||
Administrator shall seek input from potential eligible | ||
employers and the public. The Employment Administrator shall | ||
consult with local sources of information to identify current | ||
local needs, including, but not limited to, local Workforce | ||
Investment Boards, economic development councils, community | ||
action agencies, and local Labor Market Information from the | ||
Department of Employment Security. | ||
(c) Each Employment Administrator shall publicize the | ||
program within its service delivery area to seek maximum | ||
participation by eligible job applicants and employers. |
(d) Each Employment Administrator shall enter into | ||
contracts with eligible employers setting forth the terms of | ||
their participation in the program as required by this Act. | ||
(e) Each Employment Administrator shall screen job | ||
applicants and employers to achieve the best possible placement | ||
of eligible job applicants with eligible employers. | ||
(f) Each Employment Administrator shall maintain a list of | ||
eligible job applicants unable to secure employment under the | ||
program at the time of application. The list shall prioritize | ||
eligible job applicants and shall be used to fill jobs with | ||
eligible employers as they become available. Each Employment | ||
Administrator shall receive and coordinate referrals from | ||
other local organizations. | ||
(g) Each Employment Administrator shall cooperate with | ||
local educational and training institutions to coordinate and | ||
publicize the availability of their resources to assure that | ||
applicants may receive training needed before or while employed | ||
in jobs which are available under the program. | ||
(h) Each Employment Administrator may disburse funds not to | ||
exceed 1% of the amount allocated to its service delivery area | ||
for the purchase of supplies and materials for projects | ||
creating permanent improvements to public property.
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(20 ILCS 630/17 new) | ||
Sec. 17. Work incentive demonstration project. The | ||
coordinator and members of the Advisory Committee shall explore |
avaliable resources to leverage in combination with the wage | ||
subsidies in this Act to develop a Transitional Jobs program. | ||
This Transitional Jobs program would prioritize services for | ||
individuals with limited experience in the labor market and | ||
barriers to employment, including but not limited to, | ||
recipients of Temporary Assistance to Needy Families, | ||
Supplemental Nutrition Assistance Program, or other related | ||
public assistance, and people with criminal records.
| ||
(20 ILCS 630/18 new) | ||
Sec. 18. Worker displacement. | ||
(a) An eligible employer may not terminate, lay off, or | ||
reduce the working hours of an employee for the purpose of | ||
hiring an individual with funds available under this Act. | ||
(b) An eligible employer may not hire an individual with | ||
funds available under this Act if any other person is on layoff | ||
from the same or substantially equivalent job. | ||
(c) In order to qualify as an eligible employer, a | ||
government or non-profit agency or business must certify to the | ||
Employment Administrator that each job created and funded under | ||
this Act: | ||
(1) will result in an increase in employment | ||
opportunity over the level that would otherwise be | ||
available; | ||
(2) will not result in the displacement of currently | ||
employed workers, including partial displacement such as |
reduction in hours of non-overtime work, wages, or | ||
employment benefits; and | ||
(3) will not impair existing contracts for service or | ||
result in the substitution of program funds for other funds | ||
in connection with work that would otherwise be performed.
| ||
Section 10. The Corporate Accountability for Tax | ||
Expenditures Act is amended by changing Section 5 as follows:
| ||
(20 ILCS 715/5)
| ||
Sec. 5. Definitions. As used in this Act:
| ||
"Base years" means the first 2 complete calendar years | ||
following the
effective date of a
recipient receiving | ||
development assistance.
| ||
"Date of assistance" means the commencement date of the | ||
assistance
agreement, which
date triggers the period during | ||
which the recipient is obligated to create or
retain jobs and
| ||
continue operations at the specific project site.
| ||
"Default" means that a recipient has not achieved its job | ||
creation, job
retention, or wage
or benefit goals, as | ||
applicable, during the prescribed period therefor.
| ||
"Department" means, unless otherwise noted, the Department | ||
of Commerce
and
Economic Opportunity or any successor agency.
| ||
"Development assistance" means (1) tax credits and tax | ||
exemptions (other
than given
under tax increment financing) | ||
given as an incentive to a recipient business
organization
|
pursuant to an initial certification or an initial designation | ||
made by the
Department under the
Economic
Development for a | ||
Growing Economy Tax Credit Act, River Edge Redevelopment Zone | ||
Act, and the Illinois Enterprise
Zone Act,
including the High | ||
Impact Business program, (2) grants or loans given to a
| ||
recipient as an
incentive to a business organization pursuant | ||
to the River Edge Redevelopment Zone Act, Large Business | ||
Development
Program, the
Business Development Public | ||
Infrastructure Program, or the Industrial Training
Program, | ||
(3) the
State Treasurer's Economic Program Loans, (4) the | ||
Illinois Department of
Transportation
Economic Development | ||
Program, and (5) all successor and subsequent programs and
tax | ||
credits
designed to promote large business relocations and | ||
expansions. "Development
assistance" does
not include tax | ||
increment financing, assistance provided under the Illinois
| ||
Enterprise Zone Act and River Edge Redevelopment Zone Act
| ||
pursuant to local ordinance, participation loans, or
financial
| ||
transactions through
statutorily authorized financial | ||
intermediaries in support of small business
loans and | ||
investments
or given in connection with the development of | ||
affordable housing. "Development assistance" includes | ||
assistance under the Illinois Emergency Employment Program | ||
pursuant to the Illinois Emergency Development Act.
| ||
"Development assistance agreement" means any agreement | ||
executed by the
State
granting body and the recipient setting | ||
forth the terms and conditions of
development
assistance to be |
provided to the recipient consistent with the final
application | ||
for
development assistance, including but not limited to the | ||
date of assistance,
submitted to
and approved by the State | ||
granting body.
| ||
"Full-time, permanent job" means either: (1) the | ||
definition therefor in
the legislation
authorizing the | ||
programs described in the definition of development assistance
| ||
in the Act or (2)
if there is no such definition, then as | ||
defined in administrative rules
implementing such
legislation, | ||
provided the administrative rules were in place prior to the
| ||
effective date of this Act.
On and after the effective date of | ||
this Act, if there is no definition of
"full-time,
permanent | ||
job" in either
the legislation authorizing a program that | ||
constitutes economic development
assistance under
this Act or | ||
in any administrative rule implementing such legislation that | ||
was
in
place prior to the
effective date of this Act, then | ||
"full-time, permanent job" means a job in
which
the new
| ||
employee works for the recipient at a rate of at least 35 hours | ||
per week.
| ||
"New employee" means either: (1) the definition therefor in | ||
the
legislation authorizing
the programs described in the | ||
definition of development assistance in the Act
or (2) if there | ||
is no
such definition, then as defined in administrative rules | ||
implementing such
legislation, provided
the administrative | ||
rules were in place prior to the effective date of this Act.
On | ||
and after the effective
date of this Act, if there is no |
definition of "new employee" in either the
legislation | ||
authorizing a
program that constitutes economic development | ||
assistance under this Act nor in
any
administrative rule | ||
implementing such legislation that was in place prior to
the
| ||
effective date of
this Act, then "new employee" means a | ||
full-time, permanent employee who
represents a net
increase in | ||
the number of the recipient's employees statewide. "New | ||
employee"
includes an
employee who previously filled a new | ||
employee position with the recipient who
was rehired or
called | ||
back from a layoff that occurs during or following the base | ||
years.
| ||
The term "New Employee" does not include any of the | ||
following:
| ||
(1) An employee of the recipient who performs a job | ||
that was
previously
performed by another employee in this | ||
State, if that job existed in this State
for at least 6 | ||
months before
hiring the
employee.
| ||
(2) A child, grandchild, parent, or spouse, other than | ||
a spouse who is
legally
separated from the individual, of | ||
any individual who has a direct or indirect
ownership
| ||
interest of at least 5% in the profits, capital, or value | ||
of any member of
the recipient.
| ||
"Part-time job" means either: (1) the definition therefor | ||
in the
legislation authorizing the
programs described in the | ||
definition of development assistance in the Act or
(2) if there | ||
is no
such definition, then as defined in administrative rules |
implementing such
legislation, provided
the administrative | ||
rules were in place prior to the effective date of this Act.
On | ||
and after the effective
date of this Act, if there is no | ||
definition of "part-time job" in either the
legislation | ||
authorizing a
program that constitutes economic development | ||
assistance under this Act or in
any
administrative rule | ||
implementing such legislation that was in place prior to
the
| ||
effective date of
this Act, then "part-time job" means a job in | ||
which the new employee works for
the recipient at a
rate of | ||
less than 35 hours per week.
| ||
"Recipient" means any business that receives economic | ||
development
assistance. A
business is any corporation, limited | ||
liability company, partnership, joint
venture, association,
| ||
sole proprietorship, or other legally recognized entity.
| ||
"Retained employee" means either: (1) the definition | ||
therefor in the
legislation
authorizing the programs described | ||
in the definition of development assistance
in the Act or (2)
| ||
if there is no such definition, then as defined in | ||
administrative rules
implementing such
legislation, provided | ||
the administrative rules were in place prior to the
effective | ||
date of this Act.
On and after the effective date of this Act, | ||
if there is no definition of
"retained
employee" in either the
| ||
legislation authorizing a program that constitutes economic | ||
development
assistance under this
Act or in any administrative | ||
rule implementing such legislation that was in
place prior to | ||
the
effective date of this Act, then "retained employee" means |
any employee defined
as having a
full-time or full-time | ||
equivalent job preserved at a specific facility or site,
the | ||
continuance of
which is threatened by a specific and | ||
demonstrable threat, which shall be
specified in the
| ||
application for development assistance.
| ||
"Specific project site" means that distinct operational | ||
unit to which
any development
assistance is applied.
| ||
"State granting body" means the Department, any State | ||
department or State
agency
that provides
development | ||
assistance that has reporting requirements under this Act, and | ||
any
successor
agencies to any of the preceding.
| ||
"Temporary job" means either: (1) the definition therefor | ||
in the
legislation authorizing
the programs described in the | ||
definition of development assistance in the Act
or (2) if there | ||
is no
such definition, then as defined in administrative rules | ||
implementing such
legislation, provided
the administrative | ||
rules were in place prior to the effective date of this Act.
On | ||
and after the effective
date of this Act, if there is no | ||
definition of "temporary job" in either the
legislation | ||
authorizing a
program that constitutes economic development | ||
assistance under this Act or in
any
administrative rule | ||
implementing such legislation that was in place prior to
the
| ||
effective date of
this Act, then "temporary job" means a job in | ||
which the new employee is hired
for a specific
duration of time | ||
or season.
| ||
"Value of assistance" means the face value of any form of |
development
assistance.
| ||
(Source: P.A. 93-552, eff. 8-20-03; 94-793, eff. 5-19-06; | ||
94-1021, eff. 7-12-06.)
| ||
Section 15. The 21st Century Workforce Development Fund Act | ||
is amended by changing Section 15 as follows:
| ||
(30 ILCS 787/15)
| ||
Sec. 15. Use of Fund. | ||
(a) Role of Fund. Subject to appropriation, resources | ||
Resources from the Fund are intended to be used flexibly to | ||
support innovative and locally-driven strategies, to leverage | ||
other funding sources, and to fill gaps in existing workforce | ||
development resources in Illinois. They are not intended to | ||
supplant existing workforce development resources. | ||
(b) Distribution of funds. Funds shall be distributed | ||
through competitive grantmaking processes administered by the | ||
Department and overseen by the Advisory Committee. No more than | ||
6% of funds used for grants may be retained by the Department | ||
for administrative costs or for program evaluation or technical | ||
assistance activities. | ||
(c) Grantmaking. The Department must administer funds | ||
through competitive grantmaking in accordance with the | ||
priorities described in this Act. Grantmaking must be used to | ||
support workforce development strategies consistent with the | ||
priorities outlined in this Act. Strategies may include, but |
are not limited to the following: | ||
(i) Expanded grantmaking for existing State workforce | ||
development strategies, including the Job Training and | ||
Economic Development Program and programs designed to | ||
increase the number of persons traditionally | ||
underrepresented in the building trades, specifically | ||
minorities and women. | ||
(ii) Workforce development initiatives that help the | ||
least skilled adults access employment and education | ||
opportunities, including transitional jobs programs and | ||
educational bridge programming that integrate basic | ||
education and occupational skills training. | ||
(iii) Sectoral strategies that develop | ||
industry-specific workforce education and training | ||
services that lead to existing or expected jobs with | ||
identified employers and that include services to ensure | ||
that low-income, low-skilled adults can be served. | ||
(iv) Support for the development and implementation of | ||
workforce education and training programs in the energy | ||
efficiency, renewable energy, and pollution control | ||
cleanup and prevention industries. | ||
(v) Support for planning activities that: ensure that | ||
workforce development and education needs of low-skilled | ||
adults are integrated into industry-specific career | ||
pathways; analyze labor market data to track workforce | ||
trends in the State's energy-related initiatives; or |
increase the capacity of communities to provide workforce | ||
services to low-income, low-skilled adults.
| ||
(d) Allowable expenditures. Grant funds are limited to | ||
expenditures for the following: | ||
(i) Basic skills training, adult education, | ||
occupational training, job readiness training, and | ||
soft-skills training for which financial aid is otherwise | ||
not available.
| ||
(ii) Workforce development-related services including | ||
mentoring, job development, support services, | ||
transportation assistance, and wage subsidies, that are | ||
tied to participation in training and employment.
| ||
(iii) Capacity building, program development, and | ||
technical assistance activities necessary for the | ||
development and implementation of new workforce education | ||
and training strategies.
| ||
No more than 5% of any grant may be used for administrative | ||
costs.
| ||
(e) Eligible applicants. For grants under this Section, | ||
eligible applicants include the following:
| ||
(i) Any private, public, and non-profit entities that | ||
provide education, training, and workforce development | ||
services to low-income individuals. | ||
(ii) Educational institutions. | ||
(iii) Labor and business associations.
| ||
(Source: P.A. 96-771, eff. 8-28-09.)
|
Section 99. Effective date. This Act takes effect July 1, | ||
2011.
|