98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2330

 

Introduced 2/15/2013, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1005/1005-15  was 20 ILCS 1005/43a.02
20 ILCS 1005/1005-75  was 20 ILCS 1005/43a.12
30 ILCS 787/5
30 ILCS 787/10
30 ILCS 787/15
30 ILCS 787/20
30 ILCS 787/25

    Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois and the 21st Century Workforce Development Fund Act. Authorizes the Department of Employment Security to operate a program to provide employers with pre-screened candidates for on-the-job training and to provide wage support therefor. Provides for candidate preference for young adults, veterans, and others. Provides for third parties to operate programs. Authorizes the Department to collect a fee of not less than $500 nor more than $1,000 from all employers with 2 or more employees to be deposited into the 21st Century Workforce Investment Fund to be expended for the purposes of the program. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2330LRB098 09510 JLS 39653 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. This Act may be referred to as the Business
5Jumpstart Act. The purposes of this Act are:
6    (1) for the Department of Employment Security to design and
7implement a program to be known as Business Jumpstart to
8support economic growth and enhance employment opportunities
9for persons who are unemployed, veterans seeking jobs,
10unemployed persons whose benefits are expiring, graduates from
11school, and others who are entering the workforce;
12    (2) for Business Jumpstart to provide, through qualified
13third-party intermediaries, a public-private support for
14businesses, especially small businesses, including
15pre-screened, prepared job candidates, support to gain tax
16credits, pre-probationary wage support for on the job training,
17and training;
18    (3) to re-designate the Department of Employment Security
19as the lead agency administering the 21st Century Workforce
20Fund, which will be used for Business Jumpstart funds; and
21    (4) to levy a fee upon businesses for dedicated funding to
22support Business Jumpstart.
 
23    Section 5. The Department of Employment Security Law of the

 

 

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1Civil Administrative Code of Illinois is amended by changing
2Sections 1005-15 and 1005-75 as follows:
 
3    (20 ILCS 1005/1005-15)  (was 20 ILCS 1005/43a.02)
4    Sec. 1005-15. Employment opportunities.
5    (a) The Department has the power to advance opportunities
6for profitable employment.
7    (b) The power to advance opportunities for profitable
8employment includes, but is not limited to, the administration
9of Business Jumpstart and the 21st Century Workforce Investment
10Fund to advance opportunities for profitable employment.
11    (c) Business Jumpstart shall provide employers with an
12opportunity to select from pre-screened candidates for
13pre-probationary on-the-job training with wage support during
14the training where a third party intermediary is the
15time-limited employer of record) prior to employment.
16Candidate preference shall be given to the veterans, the
17unemployed who have exhausted benefits, young adults, and those
18defined in Section 20 of the 21st Century Workforce Development
19Fund Act. The Department shall select third party
20not-for-profit or governmental intermediaries with community
21based sites, job readiness capabilities, skill testing, and
22other workforce experience to coordinate service delivery in
23every community and to serve as the employer of record during
24training.
25    (d) The Department is authorized to collect from all

 

 

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1employers with 2 or more employees a fee of not less than $500
2nor more than $1,000 to be placed into the 21st Century
3Workforce Investment Fund to fund Business Jumpstart and
4programs authorized in the 21st Century Workforce Development
5Fund Act.
6    (e) The Department is authorized to adopt all rules
7necessary to implement and administer Business Jumpstart.
8(Source: P.A. 91-239, eff. 1-1-00.)
 
9    (20 ILCS 1005/1005-75)  (was 20 ILCS 1005/43a.12)
10    Sec. 1005-75. Jobs for summer employment of youth. The
11Department has the power to make available through its offices
12a listing of all jobs available in each area for the summer
13employment of youth. The Department shall implement Business
14Jumpstart to advance and identify opportunities for summer
15youth employment earning wages.
16(Source: P.A. 91-239, eff. 1-1-00.)
 
17    Section 10. The 21st Century Workforce Development Fund Act
18is amended by changing Sections 5, 10, 15, 20, and 25 as
19follows:
 
20    (30 ILCS 787/5)
21    Sec. 5. The 21st Century Workforce Development Fund.
22    (a) The 21st Century Workforce Development Fund is created
23as a special fund in the State Treasury. The Fund shall be

 

 

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1administered by the Department of Employment Security Commerce
2and Economic Opportunity ("the Department"), in consultation
3with other appropriate State agencies, and overseen by the 21st
4Century Workforce Development Fund Advisory Committee ("the
5Advisory Committee"). There shall be credited to the Fund any
6moneys, fees, or surcharges specifically collected for or
7designated for deposit into the Fund, including State
8appropriations, set asides from public expenditures on capital
9projects, federal funds, gifts, grants, and private
10contributions. Earnings attributable to moneys in the fund
11shall be deposited into the fund.
12    (b) The Department is authorized to collect from all
13employers with 2 or more employees a fee of not less than $500
14nor more than $1,000 to be placed in the 21st Century Workforce
15Investment Fund to fund Business Jumpstart and programs
16authorized by rule.
17(Source: P.A. 96-771, eff. 8-28-09.)
 
18    (30 ILCS 787/10)
19    Sec. 10. Purpose. The purpose of the 21st Century Workforce
20Development Fund is to promote the State's interest in
21supporting employers through the creation and maintenance of a
22diverse and skilled workforce for the economic development of
23the State. The Fund is intended to support rapid attachment,
24integrated, innovative, and emergency workforce development
25strategies that promote local economic development and a

 

 

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1continuum of workforce and education strategies, including
2workforce development activities to prepare individuals for
3occupations in the energy efficiency and renewable energy
4industries, as well as other occupations that are created or
5transformed by the implementation of policy to reduce
6greenhouse gas emissions, to prevent and remediate pollution,
7and to promote energy-efficient, healthy, and lead-safe homes
8in Illinois.
9(Source: P.A. 96-771, eff. 8-28-09.)
 
10    (30 ILCS 787/15)
11    Sec. 15. Use of Fund.
12    (a) Role of Fund. Subject to appropriation, resources from
13the Fund are intended to be used flexibly to support innovative
14and locally-driven strategies, to leverage other funding
15sources, to advance opportunities for profitable employment,
16and to fill gaps in existing workforce development resources in
17Illinois. They are not intended to supplant existing workforce
18development resources.
19    (b) Distribution of funds. Funds shall be distributed
20through competitive grantmaking processes, fee for service
21contracting, or both, administered by the Department and
22overseen by the Advisory Committee. No more than 6% of
23obligated funds used for grants may be retained by the
24Department for administrative costs or for program evaluation
25or technical assistance activities. Funds awarded to a third

 

 

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1party not-for-profit intermediary for technical assistance,
2provision of payroll services, or administrative coordination
3of multiple subcontractors shall count against the 6%.
4    (c) Grantmaking. The Department must administer funds
5through competitive grantmaking in accordance with the
6priorities described in this Act. Grantmaking must be used to
7support workforce development strategies consistent with the
8priorities outlined in this Act. Strategies may include, but
9are not limited to the following:
10        (i) Expanded grantmaking for existing State workforce
11    development strategies, including the Job Training and
12    Economic Development Program and programs designed to
13    increase the number of persons traditionally
14    underrepresented in the building trades, specifically
15    minorities and women.
16        (ii) Workforce development initiatives that help the
17    least skilled adults access employment and education
18    opportunities, including transitional jobs programs and
19    educational bridge programming that integrate basic
20    education and occupational skills training.
21        (iii) Sectoral strategies that develop
22    industry-specific workforce education and training
23    services that lead to existing or expected jobs with
24    identified employers and that include services to ensure
25    that low-income, low-skilled adults can be served.
26        (iv) Support for the development and implementation of

 

 

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1    workforce education and training programs in the energy
2    efficiency, renewable energy, and pollution control
3    cleanup and prevention industries.
4        (v) Support for planning activities that: ensure that
5    workforce development and education needs of low-skilled
6    adults are integrated into industry-specific career
7    pathways; analyze labor market data to track workforce
8    trends in the State's energy-related initiatives; or
9    increase the capacity of communities to provide workforce
10    services to low-income, low-skilled adults.
11    (d) Allowable expenditures. Grant funds are limited to
12expenditures for the following:
13        (i) Basic skills training, adult education,
14    occupational training, job readiness training, and
15    soft-skills training for which financial aid is otherwise
16    not available.
17        (ii) Workforce development-related services including
18    mentoring, job development, support services,
19    transportation assistance, and wage subsidies, that are
20    tied to participation in training and employment.
21        (iii) Capacity building, program development, and
22    technical assistance activities necessary for the
23    development and implementation of new workforce education
24    and training strategies.
25    No more than 5% of any grant may be used for administrative
26costs.

 

 

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1    (e) Eligible applicants. For grants under this Section,
2eligible applicants include the following:
3        (i) Any private, public, and non-profit entities that
4    provide education, training, and workforce development
5    services to low-income individuals.
6        (ii) Educational institutions.
7        (iii) Labor and business associations.
8(Source: P.A. 96-771, eff. 8-28-09; 97-581, eff. 8-26-11.)
 
9    (30 ILCS 787/20)
10    Sec. 20. Priorities. The Department shall implement
11grantmaking using the following priorities, and the Advisory
12Committee shall monitor the application of these priorities to
13grantmaking:
14    (a) Priority populations. Priority shall be given to
15workforce education and training strategies that target
16individuals with barriers to employment including, but not
17limited to, criminal backgrounds, low incomes, residents of
18public or subsidized housing, and individuals with limited
19literacy, math skills, or English proficiency. Priority may
20also be given to workers with jobs that are affected by the
21implementation of State energy and environmental policy.
22    (b) Priority industries. Priority shall be given to
23workforce education and training strategies for the following:
24        (i) Industries that will reduce carbon emissions,
25    promote recycling/reuse, prevent and remediate pollution,

 

 

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1    and support local food production, including but not
2    limited to the following:
3            (A) Energy efficient building construction,
4        retrofit, and assessment industries.
5            (B) Renewable electric power generation and
6        transmission industries.
7            (C) Deconstruction and materials use industries.
8            (D) Manufacturers that produce sustainable
9        products using environmentally sustainable processes
10        and materials.
11            (E) Local food systems.
12        (ii) Industries identified by the Department to be
13    facing a critical shortage of skilled workers.
14        (iii) Small employers with fewer than 100 employees and
15    no separate human resources department identified by the
16    Department or its agent.
17    (c) Other priority factors. The Department must implement
18grantmaking by giving priority to grant applications that
19demonstrate collaboration amongst local workforce, education,
20and economic development stakeholders in their community;
21demonstrate collaboration with outreach programs designed to
22connect community residents with training opportunities;
23integrate lead-safe work practices into their training; or
24serve communities with high rates of unemployment,
25underemployment, and poverty.
26(Source: P.A. 96-771, eff. 8-28-09.)
 

 

 

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1    (30 ILCS 787/25)
2    Sec. 25. 21st Century Workforce Development Fund Advisory
3Committee. The 21st Century Workforce Development Fund
4Advisory Committee shall review, advise, and recommend for
5approval or denial all grant requests from the Fund. The
6Department is responsible for the administration and staffing
7of the Advisory Committee.
8    (a) Membership. The Committee shall consist of 21 persons.
9Co-chairs shall be appointed by the Governor with the
10requirement that one come from the public and one from the
11private sector.
12    (b) Eleven members shall be appointed by the Governor, and
13any of the 11 members appointed by the Governor may fill more
14than one of the following required categories:
15        (i) Four must be from communities outside of the City
16    of Chicago.
17        (ii) At least one must be a member of a local workforce
18    investment board (LWIB) in his or her community.
19        (iii) At least one must represent organized labor.
20        (iv) At least one must represent business or industry.
21        (v) At least one must represent a non-profit
22    organization that provides workforce development or job
23    training services.
24        (vi) At least one must represent a non-profit
25    organization involved in workforce development policy,

 

 

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1    analysis, or research.
2        (vii) At least one must represent a non-profit
3    organization involved in environmental policy, advocacy,
4    or research.
5        (viii) At least one must represent a group that
6    advocates for individuals with barriers to employment,
7    including at-risk youth, formerly incarcerated
8    individuals, and individuals living in poverty.
9    (c) The other 10 members shall be the following:
10        (i) The Director of Employment Security Commerce and
11    Economic Opportunity, or his or her designee who oversees
12    workforce development services.
13        (ii) The Secretary of Human Services, or his or her
14    designee who oversees human capital services.
15        (iii) The Director of Corrections, or his or her
16    designee who oversees prisoner re-entry services.
17        (iv) The Director of the Environmental Protection
18    Agency, or his or her designee who oversees contractor
19    compliance.
20        (v) The Chairman of the Illinois Community College
21    Board, or his or her designee who oversees technical and
22    career education.
23        (vi) A representative of the Illinois Community
24    College Board involved in energy education and sustainable
25    practices, designated by the Board.
26        (vii) Four State legislators, one designated by the

 

 

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1    President of the Senate, one designated by the Speaker of
2    the House, one designated by the Senate Minority Leader,
3    and one designated by the House Minority Leader.
4    (d) Appointees under subsection (b) shall serve a 2-year
5term and are eligible to be re-appointed one time. Members
6under subsection (c) shall serve ex officio or at the pleasure
7of the designating official, as applicable.
8(Source: P.A. 96-771, eff. 8-28-09.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.