HB3419 102ND GENERAL ASSEMBLY

LRB102 15134 JLS 20489 b

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

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the State Jobs Guarantee Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Labor.

"Eligible entity" means an entity that:

(1) is a political subdivision of the State;

(2) has an unemployment rate that is not less than 150% of the national unemployment rate as determined by the United States Bureau of Labor Statistics based on the most recent data available at the time the Department solicits applications for grants under this Act; and

(3) submits an application in accordance with Section 20.

"Job guarantee program" means a program that meets the requirements of Section 15.

"Rural area" means an area that is located outside of an urban area.

"Urban area" means an urbanized area (a region of 50,000 or more residents) and an urbanized cluster (and area encompassing between 2,500 and 50,000 residents), according to the Census Bureau's urban-rural classification in the 2010 census.

Section 10. Establishment of jobs guarantee program.

(a) The Department shall establish a program to provide competitive grants to eligible entities to establish programs to ensure that any individual within the area served by the entity who applies for a job through the program will be provided with employment as provided for in this Act.

(b) Funding for a job guarantee program established under a grant under this Act shall terminate on the earlier of:

(1) the end of the 3-year period beginning on the date of the grant; or

(2) the date of any revocation of the grantee as an eligible entity.

Section 15. Job guarantee program. A job guarantee program meets the requirements of this Act if the jobs provided under the program:

(1) are available to all individuals who:

(A) are 18 years of age or older; and

(B) reside in the area served under the program at the time the area became an eligible entity; except that participants in the program may be disciplined, released, or suspended from further participation in jobs under this program if they are found to be negligent or generally disruptive to the workplace involved under procedures established by the Department that provide for an opportunity for a review of such determinations;

(2) are, with respect to individual participants, included as part of an established bargaining unit and covered by any applicable collective bargaining agreement in effect if similarly situated employees are part of such unit and represented by an exclusive bargaining representative;

(3) are available for the duration of the program;

(4) provide a wage of not less than the greater of:

(A) the hourly wage provided for under the Minimum Wage Law;

(B) the prevailing wage in the area involved for a similar job as required by the Prevailing Wage Act; or

(C) the applicable wage under an applicable collective bargaining agreement;

(5) provide for coverage of the worker under a health insurance program that is comparable to that offered to Federal employees under the Federal Employee Health Benefits Program; and

(6) provide at a minimum:

(A) paid family leave consistent with the provisions of the federal Healthy Families Act and applicable State law; and

(B) paid sick leave consistent with the provision of the Employee Sick Leave Act.

Section 20. Use of funds. Funds available under this Act may be used to provide workers in a job guarantee program with:

(1) supportive services, which can include transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act;

(2) access to a workplace learning advisor to support the education, skill development, job training, career panning, and credentials required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency;

(3) adult education and literacy activities, including those provided by public libraries;

(4) activities that assist justice involved individuals, formerly incarcerated individuals, and individuals with criminal records in reentering the workforce; and

(5) financial literacy activities including those described in the federal Workforce Innovation and Opportunity Act.

Section 25. Application. An eligible entity seeking a grant under this Act shall submit an application to the Department at such time, in such manner, and containing such information as the Department may require. The application shall include:

(1) a description of the geographic area and population that the entity intends to serve under the job guarantee program established under the grant, including the area unemployment rate, underemployment rate, unemployment rate for individuals with disabilities, poverty rate, housing vacancy rate, crime rate, household income, home-ownership rate, labor force participation rate, and educational attainment;

(2) to extent practicable, a description of the jobs that will be offered under the job guarantee program, including:

(A) a description of supports provided to individuals with disabilities and accommodations required under the Americans with Disabilities Act of 1990; and

(B) a description of supports and procedures to ensure job access and opportunities for individuals with criminal records, including information on physical and programmatic accessibility, in accordance with Section 188 of the federal Workforce Innovation and Opportunity Act, if applicable, and the Americans with Disabilities Act of 1990, for individuals with disabilities;

(3) the need in the area for jobs to be performed, including for jobs designated as a high-skill, high-wage, or in-demand industry sector or occupation by the Department;

(4) a description of local or philanthropic funding, including through coordination and in-kind or non-financial support, if any, that will be provided to assist in carrying out the job guarantee program;

(5) an assurance that the eligible entity will establish:

(A) a public Internet website, in conjunction with the Department, to post all available jobs under the job guarantee program; and

(B) a process for individuals to apply for such jobs;

(6) a comprehensive plan to describe how the funding under the program will leverage existing or anticipated local and federal funding;

(7) an assurance that necessary administrative data systems and information technology infrastructure are available, or will be available, to provide for full participation in the evaluation under Section 55;

(8) a description of how the eligible entity will comply with the family leave and sick leave requirements described in Section 15;

(9) an assurance that the entity will enter into an allocation agreement with the Department under Section 55; and

(10) an assurance that energy and infrastructure jobs provided under the program will not exacerbate the impacts of climate change.

Section 30. Award of grants. The Department, after reviewing applications from eligible entities, shall award grants under this Act to not more than 15 such eligible entities. In awarding such grants, the Department shall consider diversity in geographic location and urban-rural composition of the applicant.

Section 35. Amount of grant.

(a) There is created in the State treasury a special fund to be known as the Job Guarantee Program Fund consisting of amounts deposited into the fund pursuant to appropriation and any interest earned on investment of amounts in the fund.

(b) The Department shall use amounts in the fund to make payments to grantees under grants under this Act. The Department shall determine the annual amount of a grant under this Act based on a formula to be developed by the Department.

(c) The Department shall make payments to grantees under this Act in a manner determined appropriate by the Department. The Department shall not make subsequent payments to a grantee after the initial payment until the grantee certifies to the Department that the grantee has expended, transferred, or obligated not less than 80% of the most recent payment made under this Act.

Section 40. Limitations. An eligible entity may not use amounts received under a grant under this Act to:

(1) employ individuals who will replace or lead to the displacement of existing employees, positions, or individuals who would otherwise perform similar employment, or disrupt existing contracts and collective bargaining agreements;

(2) perform functions otherwise prohibited by federal, State, or local laws; and

(3) carry out other prohibited activities, as determined by the Department.

Section 45. Provision of State jobs in jurisdiction of eligible entity.

(a) Not later than 30 days after the date on which the Department awards the first grant under this Act, the Department shall:

(1) provide guidance to the heads of appropriate State agencies to notify such agencies of job guarantee programs established under the grants; and

(2) request that the agencies notify the Department, within 30 days of the date on which the guidance is received under paragraph (1), of the number and types of jobs that the agency would make available through each of the programs.

(b) The requirements of Section 15 relating to wages and benefits provided to participants in jobs provided under job guarantee programs and the limitations in Section 40 shall apply to State agencies and jobs provided under this Act, except that a State agency shall employ each individual under this Act for up to 3 years.

(c) The Department shall establish procedures to ensure that jobs identified under paragraph (2) of subsection (a) are listed on the appropriate public Internet website as provided for under Section 25.

(d) At the end of each fiscal year, the Department shall transfer from the fund to each State agency that employs individuals under a job guarantee program under this Act, an amount necessary to reimburse the agency for the full cost of employing each such individual during +the fiscal year.

Section 50. Training.

(a) The Department shall develop procedures to support up to 8 weeks of paid training (through privately or publicly funded training programs, such as those provided by the public workforce system) to participants in order to perform duties required by job guarantee programs under this Act, including a new period of training, not to exceed 8 weeks, prior to commencing any new job under the program.

(b) With respect to certain populations with barriers to employment, as defined in the federal Workforce Innovation and Opportunity Act, the 8-week training period may include specific job-related training and counseling and other general skills training to prepare such individuals to reenter the workforce.

Section 55. Priorities and audits.

(a) Before awarding the initial grants under this Act, the Department shall issue a list of State job priorities relating to jobs that may be carried out under job guarantee programs that shall include child care, care for seniors and individuals with disabilities, clean energy jobs, and sustainable infrastructure activities. The Department shall take suggestions into consideration when issuing such list.

(b) The Department in cooperation with the Auditor General shall carry out annual audits of the use of grant funds provided to eligible entities under this Act.

(c) An eligible entity shall enter into an allocation agreement with the Department that shall provide that the Department shall recoup any amounts paid to the entity under a grant under this Act if the results of an audit include a finding that there was an intentional or reckless misuse of such funds by such entity.

(d) An eligible entity that is determined to have falsified or otherwise misstated data in any report submitted to the Department with the intent to deceive or mislead the Department shall be ineligible to receive additional funds under this Act.

Section 60. Reports. Not later than 90 days after the end of each calendar year for which an eligible entity obligates or expends any amounts made available under a grant under this Act, the eligible entity shall submit to the Department a report that:

(1) specifies the amount of grant funds obligated or expended for the preceding fiscal year;

(2) specifies any purposes for which the funds were obligated or expended; and

(3) includes any other information that the Department may require to more effectively administer the grant program under this Act.

Section 65. Evaluation. The Department shall provide for the conduct of an evaluation of the program, using a rigorous design and evaluation methods to assess the implementation of the programs and their impact on:

(1) overall employment, public-sector employment, and private-sector employment;

(2) private sector employment, wages, and benefits;

(3) poverty rate;

(4) public assistance spending and other State spending in the area served by the program;

(5) child health and educational outcomes;

(6) health and well-being of those with mental, emotional, and behavioral health needs;

(7) incarceration rates;

(8) the environment, including air quality and water quality; and

(9) other economic development and individual outcome indicators, as determined by the Department.

Section 95. The State Finance Act is amended by adding Section 5.935 as follows:

(30 ILCS 105/5.935 new)

Sec. 5.935. The Job Guarantee Program Fund.