THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TARTAGLIONE, HUGHES, COSTA, STACK, FONTANA, MUSTO, ERICKSON, O'PAKE, WILLIAMS, WASHINGTON, FARNESE, KITCHEN, BOSCOLA, LOGAN AND MELLOW, APRIL 20, 2010

REFERRED TO LABOR AND INDUSTRY, APRIL 20, 2010  

AN ACT

Establishing the Job Creation Program and providing for funding.

The General Assembly finds and declares as follows:

(1)  In the aftermath of the 2008 economic downturn,

thousands of individuals have been laid off through the

closing of businesses or the downsizing of companies.

(2)  Individuals who were unemployed prior to this

economic downturn have had an even more difficult time

finding employment due to the larger number of persons

looking for jobs.

(3)  Pennsylvania's unemployment rate is the highest it

has been in 25 years.

(4)  Increasing unemployment has resulted in more persons

applying for government benefits in order to take care of

their families.

(5)  Creation of jobs will provide for economic growth,

along with stability within the family unit.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Job Creation

Program Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Community-based agency."  A private, nonprofit organization

that is representative of a community or a significant segment

of a community that is engaged in meeting human, educational or

environmental community needs. The term shall include community

development corporations, neighborhood groups and organizations,

union-related organizations, employer-related nonprofit

organizations, organizations operating career intern or literacy

programs, educational or religious institutions and other

nonprofit organizations.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Program."  The Job Creation Program established under

section 3.

"Qualified individual."  An individual who meets one of the

following:

(1)  Is ineligible for unemployment or chronically

unemployed.

(2)  Has exhausted their unemployment compensation

benefits.

"TANF."  The Temporary Assistance for Needy Families program

under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et

seq.).

Section 3.  Job Creation Program.

(a)  Establishment.--The Job Creation Program is established

within the department to provide grants to community-based

agencies to provide funding to hire qualified unemployed

individuals for subsidized employment.

(b)  Rates and hours.--The following shall apply:

(1)  Qualified individuals may be employed for no more

than nine months at an hourly rate of $10 per hour or the

rate required by a local ordinance, whichever is higher.

(2)  The maximum number of hours for each individual

employed under the program shall be 30 hours per week for no

more than nine months.

(c)  Eligibility.--An individual shall be eligible if the

person is unemployed and has exhausted all of his unemployment

benefits. The receipt of TANF benefits shall not preclude

eligibility.

(d)  Chronic unemployment.--Individuals who are identified as

chronically unemployed by the department shall be given priority

in terms of employment under the program.

Section 4.  Powers and duties of department.

The department shall have the following powers and duties:

(1)  In coordination with the Department of Public

Welfare, to apply for Federal and State money available to

the Commonwealth for job creation purposes to be used for the

program.

(2)  To develop a methodology for the distribution of

funds to community-based agencies that apply for the program.

(3)  To establish procedures for community-based agencies

to apply for the funds available under this act.

(4)  To require all community-based agencies applying for

funds to provide the necessary counseling and job training to

individuals hired for the jobs.

(5)  To provide a report within six months from the

effective date of this section to the chairman and minority

chairman of the Labor and Industry Committee of the Senate

and the chairman and minority chairman of the Labor Relations

Committee of the House of Representatives, which shall

provide an update on the increase in jobs with the

implementation of this act. The report shall be made

available for public inspection and posted on the

department's publicly accessible Internet website.

Section 5.  Labor standards.

No work assignment under this act shall result in any of the

following:

(1)  The displacement of a currently employed worker,

including any of the following:

(i)  A reduction in the hours of nonovertime work,

wages or employment benefits.

(ii)  The filling of a vacant, established position.

(2)  Assignment of a participant to a position if another

individual is on layoff from the same or an equivalent

position or if the employer has terminated the employment of

a regular employee or otherwise reduced its workforce with

the effect of filling the vacancy created with a participant

or without the prior approval of the applicable labor union

at a worksite employing union workers.

(3)  Infringement of the promotional opportunities of a

currently employed individual.

(4)  Replacement of a striker or lockout worker.

Section 6.  Funding.

No more than 83% of the funds in the Tobacco Product Tax

Account shall be used to fund the program.

Section 20.  Effective date.

This act shall take effect immediately.