Illinois General Assembly - Full Text of HB3419
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Full Text of HB3419  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Mary E. Flowers


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.

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HB3419LRB102 15134 JLS 20489 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the State
5Jobs 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
18requirements of Section 15.
19    "Rural area" means an area that is located outside of an
20urban area.
21    "Urban area" means an urbanized area (a region of 50,000
22or more residents) and an urbanized cluster (and area
23encompassing between 2,500 and 50,000 residents), according to



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1the Census Bureau's urban-rural classification in the 2010
3    Section 10. Establishment of jobs guarantee program.
4    (a) The Department shall establish a program to provide
5competitive grants to eligible entities to establish programs
6to ensure that any individual within the area served by the
7entity who applies for a job through the program will be
8provided with employment as provided for in this Act.
9    (b) Funding for a job guarantee program established under
10a 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
16meets the requirements of this Act if the jobs provided under
17the 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
4may 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
2grant under this Act shall submit an application to the
3Department at such time, in such manner, and containing such
4information as the Department may require. The application
5shall 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
9reviewing applications from eligible entities, shall award
10grants under this Act to not more than 15 such eligible
11entities. In awarding such grants, the Department shall
12consider diversity in geographic location and urban-rural
13composition of the applicant.
14    Section 35. Amount of grant.
15    (a) There is created in the State treasury a special fund
16to be known as the Job Guarantee Program Fund consisting of
17amounts deposited into the fund pursuant to appropriation and
18any interest earned on investment of amounts in the fund.
19    (b) The Department shall use amounts in the fund to make
20payments to grantees under grants under this Act. The
21Department shall determine the annual amount of a grant under
22this Act based on a formula to be developed by the Department.
23    (c) The Department shall make payments to grantees under
24this Act in a manner determined appropriate by the Department.



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1The Department shall not make subsequent payments to a grantee
2after the initial payment until the grantee certifies to the
3Department that the grantee has expended, transferred, or
4obligated not less than 80% of the most recent payment made
5under this Act.
6    Section 40. Limitations. An eligible entity may not use
7amounts 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
18eligible entity.
19    (a) Not later than 30 days after the date on which the
20Department awards the first grant under this Act, the
21Department 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
7benefits provided to participants in jobs provided under job
8guarantee programs and the limitations in Section 40 shall
9apply to State agencies and jobs provided under this Act,
10except that a State agency shall employ each individual under
11this Act for up to 3 years.
12    (c) The Department shall establish procedures to ensure
13that jobs identified under paragraph (2) of subsection (a) are
14listed on the appropriate public Internet website as provided
15for under Section 25.
16    (d) At the end of each fiscal year, the Department shall
17transfer from the fund to each State agency that employs
18individuals under a job guarantee program under this Act, an
19amount necessary to reimburse the agency for the full cost of
20employing each such individual during +the fiscal year.
21    Section 50. Training.
22    (a) The Department shall develop procedures to support up
23to 8 weeks of paid training (through privately or publicly
24funded training programs, such as those provided by the public
25workforce system) to participants in order to perform duties



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1required by job guarantee programs under this Act, including a
2new period of training, not to exceed 8 weeks, prior to
3commencing any new job under the program.
4    (b) With respect to certain populations with barriers to
5employment, as defined in the federal Workforce Innovation and
6Opportunity Act, the 8-week training period may include
7specific job-related training and counseling and other general
8skills training to prepare such individuals to reenter the
10    Section 55. Priorities and audits.
11    (a) Before awarding the initial grants under this Act, the
12Department shall issue a list of State job priorities relating
13to jobs that may be carried out under job guarantee programs
14that shall include child care, care for seniors and
15individuals with disabilities, clean energy jobs, and
16sustainable infrastructure activities. The Department shall
17take suggestions into consideration when issuing such list.
18    (b) The Department in cooperation with the Auditor General
19shall carry out annual audits of the use of grant funds
20provided to eligible entities under this Act.
21    (c) An eligible entity shall enter into an allocation
22agreement with the Department that shall provide that the
23Department shall recoup any amounts paid to the entity under a
24grant under this Act if the results of an audit include a
25finding that there was an intentional or reckless misuse of



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1such funds by such entity.
2    (d) An eligible entity that is determined to have
3falsified or otherwise misstated data in any report submitted
4to the Department with the intent to deceive or mislead the
5Department shall be ineligible to receive additional funds
6under this Act.
7    Section 60. Reports. Not later than 90 days after the end
8of each calendar year for which an eligible entity obligates
9or expends any amounts made available under a grant under this
10Act, the eligible entity shall submit to the Department a
11report 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
20the conduct of an evaluation of the program, using a rigorous
21design and evaluation methods to assess the implementation of
22the 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
14Section 5.935 as follows:
15    (30 ILCS 105/5.935 new)
16    Sec. 5.935. The Job Guarantee Program Fund.