Full Text of HB3419 102nd General Assembly
HB3419 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3419 Introduced 2/22/2021, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| New Act | | 30 ILCS 105/5.935 new | |
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Creates the State Jobs Guarantee Act. Provides that the Department of Labor shall establish a program to provide competitive grants to eligible political subdivisions that have an unemployment rate that is not less than 150% of the national unemployment rate to establish programs to ensure that any individual within the area served by the entity that applies for a job through the program will be provided with employment as provided in this Act. Provides that the grant shall have a duration of 3 years and be used to provide jobs to persons who are 18 year of age or older. Establishes wage and benefit requirements. Creates the Job Guarantee Program Fund, a special fund in the State treasury, to hold moneys appropriated to the fund and interest earned. Imposes reporting and auditing requirements. Defines terms.
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the State | 5 | | Jobs Guarantee Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Labor. | 8 | | "Eligible entity" means an entity that: | 9 | | (1) is a political subdivision of the State; | 10 | | (2) has an unemployment rate that is not less than | 11 | | 150% of the national unemployment rate as determined by | 12 | | the United States Bureau of Labor Statistics based on the | 13 | | most recent data available at the time the Department | 14 | | solicits applications for grants under this Act; and | 15 | | (3) submits an application in accordance with Section | 16 | | 20. | 17 | | "Job guarantee program" means a program that meets the | 18 | | requirements of Section 15. | 19 | | "Rural area" means an area that is located outside of an | 20 | | urban area. | 21 | | "Urban area" means an urbanized area (a region of 50,000 | 22 | | or more residents) and an urbanized cluster (and area | 23 | | encompassing between 2,500 and 50,000 residents), according to |
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| 1 | | the Census Bureau's urban-rural classification in the 2010 | 2 | | census. | 3 | | Section 10. Establishment of jobs guarantee program. | 4 | | (a) The Department shall establish a program to provide | 5 | | competitive grants to eligible entities to establish programs | 6 | | to ensure that any individual within the area served by the | 7 | | entity who applies for a job through the program will be | 8 | | provided with employment as provided for in this Act. | 9 | | (b) Funding for a job guarantee program established under | 10 | | a grant under this Act shall terminate on the earlier of: | 11 | | (1) the end of the 3-year period beginning on the date | 12 | | of the grant; or | 13 | | (2) the date of any revocation of the grantee as an | 14 | | eligible entity. | 15 | | Section 15. Job guarantee program. A job guarantee program | 16 | | meets the requirements of this Act if the jobs provided under | 17 | | the program: | 18 | | (1) are available to all individuals who: | 19 | | (A) are 18 years of age or older; and | 20 | | (B) reside in the area served under the program at | 21 | | the time the area became an eligible entity; except | 22 | | that participants in the program may be disciplined, | 23 | | released, or suspended from further participation in | 24 | | jobs under this program if they are found to be |
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| 1 | | negligent or generally disruptive to the workplace | 2 | | involved under procedures established by the | 3 | | Department that provide for an opportunity for a | 4 | | review of such determinations; | 5 | | (2) are, with respect to individual participants, | 6 | | included as part of an established bargaining unit and | 7 | | covered by any applicable collective bargaining agreement | 8 | | in effect if similarly situated employees are part of such | 9 | | unit and represented by an exclusive bargaining | 10 | | representative; | 11 | | (3) are available for the duration of the program; | 12 | | (4) provide a wage of not less than the greater of:
| 13 | | (A) the hourly wage provided for under the Minimum | 14 | | Wage Law; | 15 | | (B) the prevailing wage in the area involved for a | 16 | | similar job as required by the Prevailing Wage Act; or | 17 | | (C) the applicable wage under an applicable | 18 | | collective bargaining agreement; | 19 | | (5) provide for coverage of the worker under a health | 20 | | insurance program that is comparable to that offered to | 21 | | Federal employees under the Federal Employee Health | 22 | | Benefits Program; and | 23 | | (6) provide at a minimum: | 24 | | (A) paid family leave consistent with the | 25 | | provisions of the federal Healthy Families Act and | 26 | | applicable State law; and |
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| 1 | | (B) paid sick leave consistent with the provision | 2 | | of the Employee Sick Leave Act.
| 3 | | Section 20. Use of funds. Funds available under this Act | 4 | | may be used to provide workers in a job guarantee program with: | 5 | | (1) supportive services, which can include | 6 | | transportation, child care, dependent care, housing, and | 7 | | needs-related payments, that are necessary to enable an | 8 | | individual to participate in activities authorized under | 9 | | this Act; | 10 | | (2) access to a workplace learning advisor to support | 11 | | the education, skill development, job training, career | 12 | | panning, and credentials required to progress toward | 13 | | career goals of such employees in order to meet employer | 14 | | requirements related to job openings and career | 15 | | advancements that support economic self-sufficiency; | 16 | | (3) adult education and literacy activities, including | 17 | | those provided by public libraries; | 18 | | (4) activities that assist justice involved | 19 | | individuals, formerly incarcerated individuals, and | 20 | | individuals with criminal records in reentering the | 21 | | workforce; and | 22 | | (5) financial literacy activities including those | 23 | | described in the federal Workforce Innovation and | 24 | | Opportunity Act.
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| 1 | | Section 25. Application. An eligible entity seeking a | 2 | | grant under this Act shall submit an application to the | 3 | | Department at such time, in such manner, and containing such | 4 | | information as the Department may require. The application | 5 | | shall include: | 6 | | (1) a description of the geographic area and | 7 | | population that the entity intends to serve under the job | 8 | | guarantee program established under the grant, including | 9 | | the area unemployment rate, underemployment rate, | 10 | | unemployment rate for individuals with disabilities, | 11 | | poverty rate, housing vacancy rate, crime rate, household | 12 | | income, home-ownership rate, labor force participation | 13 | | rate, and educational attainment; | 14 | | (2) to extent practicable, a description of the jobs | 15 | | that will be offered under the job guarantee program, | 16 | | including: | 17 | | (A) a description of supports provided to | 18 | | individuals with disabilities and accommodations | 19 | | required under the Americans with Disabilities Act of | 20 | | 1990; and | 21 | | (B) a description of supports and procedures to | 22 | | ensure job access and opportunities for individuals | 23 | | with criminal records, including information on | 24 | | physical and programmatic accessibility, in accordance | 25 | | with Section 188 of the federal Workforce Innovation | 26 | | and Opportunity Act, if applicable, and the Americans |
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| 1 | | with Disabilities Act of 1990, for individuals with | 2 | | disabilities;
| 3 | | (3) the need in the area for jobs to be performed, | 4 | | including for jobs designated as a high-skill, high-wage, | 5 | | or in-demand industry sector or occupation by the | 6 | | Department; | 7 | | (4) a description of local or philanthropic funding, | 8 | | including through coordination and in-kind or | 9 | | non-financial support, if any, that will be provided to | 10 | | assist in carrying out the job guarantee program; | 11 | | (5) an assurance that the eligible entity will | 12 | | establish:
| 13 | | (A) a public Internet website, in conjunction with | 14 | | the Department, to post all available jobs under the | 15 | | job guarantee program; and | 16 | | (B) a process for individuals to apply for such | 17 | | jobs; | 18 | | (6) a comprehensive plan to describe how the funding | 19 | | under the program will leverage existing or anticipated | 20 | | local and federal funding; | 21 | | (7) an assurance that necessary administrative data | 22 | | systems and information technology infrastructure are | 23 | | available, or will be available, to provide for full | 24 | | participation in the evaluation under Section 55; | 25 | | (8) a description of how the eligible entity will | 26 | | comply with the family leave and sick leave requirements |
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| 1 | | described in Section 15; | 2 | | (9) an assurance that the entity will enter into an | 3 | | allocation agreement with the Department under Section 55; | 4 | | and | 5 | | (10) an assurance that energy and infrastructure jobs | 6 | | provided under the program will not exacerbate the impacts | 7 | | of climate change. | 8 | | Section 30. Award of grants. The Department, after | 9 | | reviewing applications from eligible entities, shall award | 10 | | grants under this Act to not more than 15 such eligible | 11 | | entities. In awarding such grants, the Department shall | 12 | | consider diversity in geographic location and urban-rural | 13 | | composition of the applicant. | 14 | | Section 35. Amount of grant. | 15 | | (a) There is created in the State treasury a special fund | 16 | | to be known as the Job Guarantee Program Fund consisting of | 17 | | amounts deposited into the fund pursuant to appropriation and | 18 | | any interest earned on investment of amounts in the fund. | 19 | | (b) The Department shall use amounts in the fund to make | 20 | | payments to grantees under grants under this Act. The | 21 | | Department shall determine the annual amount of a grant under | 22 | | this Act based on a formula to be developed by the Department. | 23 | | (c) The Department shall make payments to grantees under | 24 | | this Act in a manner determined appropriate by the Department. |
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| 1 | | The Department shall not make subsequent payments to a grantee | 2 | | after the initial payment until the grantee certifies to the | 3 | | Department that the grantee has expended, transferred, or | 4 | | obligated not less than 80% of the most recent payment made | 5 | | under this Act. | 6 | | Section 40. Limitations. An eligible entity may not use | 7 | | amounts received under a grant under this Act to: | 8 | | (1) employ individuals who will replace or lead to the | 9 | | displacement of existing employees, positions, or | 10 | | individuals who would otherwise perform similar | 11 | | employment, or disrupt existing contracts and collective | 12 | | bargaining agreements; | 13 | | (2) perform functions otherwise prohibited by federal, | 14 | | State, or local laws; and | 15 | | (3) carry out other prohibited activities, as | 16 | | determined by the Department.
| 17 | | Section 45. Provision of State jobs in jurisdiction of | 18 | | eligible entity. | 19 | | (a) Not later than 30 days after the date on which the | 20 | | Department awards the first grant under this Act, the | 21 | | Department shall: | 22 | | (1) provide guidance to the heads of appropriate State | 23 | | agencies to notify such agencies of job guarantee programs | 24 | | established under the grants; and |
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| 1 | | (2) request that the agencies notify the Department, | 2 | | within 30 days of the date on which the guidance is | 3 | | received under paragraph (1), of the number and types of | 4 | | jobs that the agency would make available through each of | 5 | | the programs.
| 6 | | (b) The requirements of Section 15 relating to wages and | 7 | | benefits provided to participants in jobs provided under job | 8 | | guarantee programs and the limitations in Section 40 shall | 9 | | apply to State agencies and jobs provided under this Act, | 10 | | except that a State agency shall employ each individual under | 11 | | this Act for up to 3 years. | 12 | | (c) The Department shall establish procedures to ensure | 13 | | that jobs identified under paragraph (2) of subsection (a) are | 14 | | listed on the appropriate public Internet website as provided | 15 | | for under Section 25. | 16 | | (d) At the end of each fiscal year, the Department shall | 17 | | transfer from the fund to each State agency that employs | 18 | | individuals under a job guarantee program under this Act, an | 19 | | amount necessary to reimburse the agency for the full cost of | 20 | | employing each such individual during +the fiscal year.
| 21 | | Section 50. Training. | 22 | | (a) The Department shall develop procedures to support up | 23 | | to 8 weeks of paid training (through privately or publicly | 24 | | funded training programs, such as those provided by the public | 25 | | workforce system) to participants in order to perform duties |
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| 1 | | required by job guarantee programs under this Act, including a | 2 | | new period of training, not to exceed 8 weeks, prior to | 3 | | commencing any new job under the program. | 4 | | (b) With respect to certain populations with barriers to | 5 | | employment, as defined in the federal Workforce Innovation and | 6 | | Opportunity Act, the 8-week training period may include | 7 | | specific job-related training and counseling and other general | 8 | | skills training to prepare such individuals to reenter the | 9 | | workforce.
| 10 | | Section 55. Priorities and audits. | 11 | | (a) Before awarding the initial grants under this Act, the | 12 | | Department shall issue a list of State job priorities relating | 13 | | to jobs that may be carried out under job guarantee programs | 14 | | that shall include child care, care for seniors and | 15 | | individuals with disabilities, clean energy jobs, and | 16 | | sustainable infrastructure activities. The Department shall | 17 | | take suggestions into consideration when issuing such list. | 18 | | (b) The Department in cooperation with the Auditor General | 19 | | shall carry out annual audits of the use of grant funds | 20 | | provided to eligible entities under this Act. | 21 | | (c) An eligible entity shall enter into an allocation | 22 | | agreement with the Department that shall provide that the | 23 | | Department shall recoup any amounts paid to the entity under a | 24 | | grant under this Act if the results of an audit include a | 25 | | finding that there was an intentional or reckless misuse of |
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| 1 | | such funds by such entity. | 2 | | (d) An eligible entity that is determined to have | 3 | | falsified or otherwise misstated data in any report submitted | 4 | | to the Department with the intent to deceive or mislead the | 5 | | Department shall be ineligible to receive additional funds | 6 | | under this Act.
| 7 | | Section 60. Reports. Not later than 90 days after the end | 8 | | of each calendar year for which an eligible entity obligates | 9 | | or expends any amounts made available under a grant under this | 10 | | Act, the eligible entity shall submit to the Department a | 11 | | report that: | 12 | | (1) specifies the amount of grant funds obligated or | 13 | | expended for the preceding fiscal year; | 14 | | (2) specifies any purposes for which the funds were | 15 | | obligated or expended; and | 16 | | (3) includes any other information that the Department | 17 | | may require to more effectively administer the grant | 18 | | program under this Act.
| 19 | | Section 65. Evaluation. The Department shall provide for | 20 | | the conduct of an evaluation of the program, using a rigorous | 21 | | design and evaluation methods to assess the implementation of | 22 | | the programs and their impact on: | 23 | | (1) overall employment, public-sector employment, and | 24 | | private-sector employment; |
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| 1 | | (2) private sector employment, wages, and benefits; | 2 | | (3) poverty rate; | 3 | | (4) public assistance spending and other State | 4 | | spending in the area served by the program; | 5 | | (5) child health and educational outcomes; | 6 | | (6) health and well-being of those with mental, | 7 | | emotional, and behavioral health needs; | 8 | | (7) incarceration rates; | 9 | | (8) the environment, including air quality and water | 10 | | quality; and | 11 | | (9) other economic development and individual outcome | 12 | | indicators, as determined by the Department.
| 13 | | Section 95. The State Finance Act is amended by adding | 14 | | Section 5.935 as follows: | 15 | | (30 ILCS 105/5.935 new) | 16 | | Sec. 5.935. The Job Guarantee Program Fund.
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