PRINTER'S NO. 3064
No. 2308 Session of 1998
INTRODUCED BY BEBKO-JONES, MYERS, THOMAS, READSHAW, BARD,
BELARDI, BELFANTI, BISHOP, BOSCOLA, BUXTON, CARN, CIVERA,
L. I. COHEN, M. COHEN, CURRY, DeWEESE, GRUITZA, HALUSKA,
HERMAN, HORSEY, ITKIN, JAMES, JOSEPHS, KIRKLAND, LAUGHLIN,
LEVDANSKY, SAINATO, SCRIMENTI, SHANER, MANDERINO, MELIO,
OLIVER, ROBINSON, RAMOS, ORIE, YOUNGBLOOD, C. WILLIAMS,
STABACK, STEELMAN, MICHLOVIC, OLASZ, A. H. WILLIAMS,
WASHINGTON, WALKO, VAN HORNE, TRELLO AND J. TAYLOR,
MARCH 11, 1998
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 11, 1998
AN ACT
1 Establishing the Job Opportunities in Basic Services (JOBS)
2 Program; and making an appropriation.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Declaration of policy.
6 Section 3. Definitions.
7 Section 4. JOBS Program established.
8 Section 5. Duties of secretary.
9 Section 6. JOBS projects.
10 Section 7. Eligibility for program.
11 Section 8. Compensation.
12 Section 9. Supervisors.
13 Section 10. Prohibited activities.
14 Section 11. Annual report.
1 Section 12. Local JOBS Program incubator.
2 Section 13. Regulations.
3 Section 14. Expenditure of funds.
4 Section 15. Appropriation.
5 Section 16. Effective date.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the JOBS Program
10 Act.
11 Section 2. Declaration of policy.
12 (a) Findings.--The General Assembly finds and declares as
13 follows:
14 (1) In the aftermath of welfare reform thousands of new
15 jobs will be needed in this Commonwealth in order to absorb
16 those who will be required to work or lose welfare benefits.
17 (2) Pennsylvania has lost 381,000 manufacturing jobs
18 since 1980. As a result, in many areas of this Commonwealth
19 there is a severe shortage of entry-level positions relative
20 to the number of people seeking work.
21 (3) At the same time that many new entrants to the job
22 market will be seeking employment, many of this
23 Commonwealth's economically depressed communities are in need
24 of the labor that these job seekers can provide. Thus,
25 employment in public service activities can simultaneously
26 represent an investment both in human capital and in the
27 vitality of local communities.
28 (4) Many of those who will need to make the transition
29 from welfare to work face serious barriers to successful
30 employment, including lack of education, work experience,
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1 affordable child care and transportation.
2 (5) The most successful welfare-to-work programs have
3 been those which combine real work experience with education
4 and training assistance that is appropriate for the
5 particular individual and is focused on developing job-
6 relevant skills.
7 (6) All sectors of the community, both in the private
8 and the public sector, have a responsibility to ensure that
9 those individuals attempting to leave the welfare rolls have
10 the opportunity to enter into the work force and to establish
11 economic independence.
12 (7) Welfare reform presents potential risks to existing
13 workers who face new competition from new job seekers leaving
14 welfare. These workers need protection to ensure that welfare
15 reform induces the creation of new jobs rather than
16 displacement of existing workers.
17 (b) Purpose.--It is the purpose of this act:
18 (1) To establish and operate a program of temporary,
19 public service employment as a transition to permanent
20 employment in the private and public sector.
21 (2) To create 10,000 real jobs as an alternative to
22 welfare or workfare.
23 (3) To target such job creation to both rural, suburban
24 and urban regions of this Commonwealth that are suffering
25 from shortages in entry-level jobs and to direct this
26 employment to the purpose of providing public service to
27 communities and individuals in need and to the maintenance
28 and improvement of public land and facilities.
29 (4) To address barriers to employment through effective
30 assessment and appropriate support services, training and
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1 case management.
2 (5) To protect existing workers from being displaced by
3 the jobs created by this act.
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Case management." The provision of client-centered services
9 to participants to help them to succeed in the program. Such
10 assistance could include, for example, job or career counseling
11 or assistance in arranging appropriate training or child care.
12 "Community-based agency." A private, nonprofit organization
13 that is representative of a community or a significant segment
14 of a community that is engaged in meeting human, educational or
15 environmental community needs. The term includes community
16 development corporations, neighborhood groups and organizations,
17 union-related organizations and employer-related nonprofit
18 organizations, organizations operating career intern or literacy
19 programs, educational or religious institutions and other
20 nonprofit organizations which are qualified under section
21 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
22 514, 26 U.S.C. § 501(c)(3)) and under standards established by
23 the Secretary of Labor and Industry.
24 "Crewleader." A participant in the JOBS Program who is
25 employed to supervise other participants pursuant to criteria
26 set forth in section 9.
27 "Department." The Department of Labor and Industry of the
28 Commonwealth.
29 "JOBS Program" or "program." The Job Opportunities in Basic
30 Services Program established under this act.
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1 "JOBS projects." Projects which involve either:
2 (1) The direct delivery of services to individual
3 children, elderly persons, persons with physical and
4 developmental disabilities or persons with low incomes.
5 (2) The promotion of neighborhood or community well-
6 being, such as crime prevention or graffiti-removal projects.
7 (3) The conservation, improvement or development of
8 natural resources or the enhancement, preservation or
9 maintenance of public lands, water or facilities.
10 (4) Relief or reconstruction activities in the case of
11 emergencies or natural disasters.
12 (5) Other projects serving the public interest.
13 "Local agency." Any political subdivision located within
14 this Commonwealth.
15 "Participant." An individual who has been determined to be
16 eligible to participate in and who has commenced a work
17 assignment.
18 "Secretary." The Secretary of Labor and Industry of the
19 Commonwealth.
20 "Signature projects." Special-event, large-scale, short-
21 term, highly visible projects which combine the efforts of more
22 than one crew and promote the public good in ways consistent
23 with this act.
24 "State agencies." The Department of Aging, Department of
25 Community and Economic Development, Department of Conservation
26 and Natural Resources, Department of Corrections, Department of
27 Education, Department of Environmental Protection, Department of
28 Labor and Industry, Department of Military and Veterans Affairs,
29 Department of Public Welfare, Pennsylvania Fish and Boat
30 Commission, Pennsylvania Game Commission, Pennsylvania
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1 Historical and Museum Commission and Pennsylvania Emergency
2 Management Agency.
3 Section 4. JOBS Program established.
4 There is hereby established within the Department of Labor
5 and Industry the Job Opportunities in Basic Services (JOBS)
6 Program.
7 Section 5. Duties of secretary.
8 The secretary shall:
9 (1) Enroll eligible participants pursuant to section 7.
10 (2) Employ crewleaders pursuant to section 9.
11 (3) Appoint a director who shall act as the
12 administrative officer of the program. The director shall
13 employ staff necessary to implement the provisions of this
14 act.
15 (4) Develop or review proposed JOBS projects submitted
16 to the department by State or local or community-based
17 agencies and approve projects that meet the requirements of
18 this act.
19 (5) Authorize utilization of the program for approved
20 JOBS projects in urban, suburban and rural areas as necessary
21 to carry out the provisions of this act.
22 (6) Execute contracts or cooperative agreements with
23 appropriate organizations containing any terms and conditions
24 deemed necessary and desirable for the provision of services
25 to participants, services such as enrollment, ability
26 assessment, education and training, case management and job
27 readiness, search and placement.
28 (7) Authorize utilization of the program for emergency
29 projects within or outside this Commonwealth which shall
30 include, but not be limited to, natural disasters, fire
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1 prevention and suppression and rescue of lost or injured
2 persons. Participation in emergency projects shall be
3 voluntary. Program participants shall receive adequate
4 training prior to participating in an emergency project.
5 (8) Apply for and accept grants or contributions of
6 funds from any public or private source, including the
7 acceptance of Federal funds appropriated by the General
8 Assembly.
9 (9) Purchase, rent or otherwise acquire or obtain
10 personal property, supplies, instruments, tools, equipment or
11 conveniences necessary to complete JOBS projects or provide
12 training for program participants.
13 (10) Develop program guidelines or regulations as it
14 deems necessary to fairly and effectively administer this
15 act.
16 (11) Authorize the exchange of program participants and
17 crewleaders with other established conservation corps/service
18 programs in order to foster a spirit of understanding and to
19 advance the goals of volunteerism and service. Participation
20 in exchange projects shall be voluntary.
21 Section 6. JOBS projects.
22 (a) Job requirements.--
23 (1) The secretary shall ensure that each program
24 participant receives a bona fide job opportunity that is
25 comparable to full-time employment in the public or private
26 sector.
27 (2) The secretary shall ensure that each participant
28 receives an assessment of their employability skills and
29 abilities, including educational needs and prior work
30 experience, as well as the participant's needs regarding
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1 child care and other supportive services. On the basis of
2 this assessment, and in consultation with the participant,
3 the participant shall be assigned to a JOBS project and shall
4 receive appropriate training and supportive services that are
5 designed to enable the participant to succeed in the program
6 and to assist the participant in developing new skills and
7 abilities.
8 (3) The secretary shall ensure that each participant
9 receives adequate and appropriate supervision; case
10 management; job search, readiness and placement assistance.
11 (4) The secretary is also authorized to develop and
12 carry out signature projects involving more than one crew and
13 designed to have a high impact. These projects shall be
14 short-term and may involve working with community-based,
15 nonprofit organizations which are qualified under section
16 501(c)(3) of the Internal Revenue Code of 1986 (Public Law
17 99-514, 26 U.S.C. § 501(c)(3)).
18 (5) The secretary shall establish a grievance procedure
19 for participants and for workers claiming to have been
20 displaced by participants.
21 (b) Project criteria.--The secretary shall establish
22 criteria for JOBS projects so as to ensure that all participants
23 are engaged in activities that provide a valuable work
24 experience to the participant and produce a demonstrable public
25 benefit. The secretary shall seek and entertain proposals from
26 State, local or community-based agencies to operate JOBS
27 projects. JOBS projects shall be undertaken in eligible urban,
28 suburban and rural areas, in accordance with subsection (c), and
29 shall be selected on the basis of the secretary's criteria. In
30 the case of emergencies and natural disasters, projects may be
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1 approved without regard to public benefit.
2 (c) Geographic location of projects.--
3 (1) JOBS projects may be undertaken in any area of this
4 Commonwealth where the number of unemployed persons and job
5 seekers for entry-level jobs is substantially larger than the
6 number of vacancies in such jobs. Project slots shall be
7 distributed among such areas in proportion to county or
8 regional statistics for welfare caseloads, unemployment and
9 poverty. The secretary shall collect appropriate data
10 concerning entry-level job vacancies in order to facilitate
11 the geographic analysis required by this subsection.
12 (2) The secretary shall to the extent possible assign
13 participants to projects that are within reasonable commuting
14 distances from participants' place of residence.
15 (d) Coordinated services.--Whenever available and
16 appropriate, adult education, job training and placement
17 services provided through other Federal, State and local-funded
18 programs such as the Job Training Partnership Act Program, the
19 Community Services Block Grant and the Job Centers shall be
20 coordinated with projects developed under this act to assist
21 eligible participants. Coordinated services may include, but are
22 not limited to, job placement assistance, adult literacy
23 training, job search skills, job application skills and ability
24 assessments. Whenever possible, eligible participants without a
25 high school diploma shall receive coordinated services that
26 provide an opportunity to obtain an equivalent high school
27 diploma.
28 (e) Labor standards.--
29 (1) Health and safety standards established under law,
30 otherwise applicable to working conditions of employees,
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1 shall be equally applicable to working conditions of
2 participants. With respect to any participant who is engaged
3 in activities not covered under the Occupational Safety and
4 Health Act of 1970 (Public Law 91-596, 29 U.S.C. § 651 et
5 seq.) the participant shall not be required or permitted to
6 work, be trained, or receive services in buildings or
7 surroundings or under working conditions which are
8 unsanitary, hazardous or dangerous to the participant's
9 health or safety.
10 (2) Workers' compensation benefits shall be available
11 with respect to injuries suffered by participants under the
12 same standards applicable to other public and private
13 employees in this Commonwealth.
14 (3) No work assignment under this program shall result
15 in:
16 (i) the displacement of any currently employed
17 worker, including partial displacement such as a
18 reduction in the hours on nonovertime work, wages or
19 employment benefits, or the filling of a vacant,
20 established position;
21 (ii) the assignment of a participant to a position
22 when any other individual is on layoff from the same or
23 any equivalent position, when the employer has terminated
24 the employment of any regular employee or otherwise
25 reduced its work force with the effect of filling the
26 vacancy so created with a participant or without the
27 prior approval of the applicable labor union at a
28 worksite employing union workers;
29 (iii) any infringement of the promotional
30 opportunities of any currently employed individual; or
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1 (iv) the replacement of a striker or a lockout
2 worker.
3 Section 7. Eligibility for program.
4 (a) Criteria.--Persons participating in the JOBS Program
5 shall be men and women who are:
6 (1) Eighteen years of age or older.
7 (2) Domiciled in this Commonwealth for at least six
8 months prior to participating in the program.
9 (3) Registered with the local Job Center for employment.
10 (4) Physically and mentally capable of performing labor
11 intensive work.
12 (5) Able to provide assurance that they did not leave
13 school for the purpose of participating in the program.
14 (6) Receiving general assistance, temporary assistance
15 for needy families (TANF) or other public assistance
16 benefits. Persons whose public assistance benefits were
17 eliminated as a result of the amendatory act of June 16, 1994
18 (P.L.319, No.49), the amendatory act of June 30, 1995
19 (P.L.129, No.20) and the amendatory act of May 16, 1996
20 (P.L.175, No.35) are also deemed to meet the eligibility
21 criteria of this paragraph; or individuals without any
22 income.
23 (b) Enrollment of participants.--The secretary shall
24 establish a system of referrals of potential applicants from
25 county assistance offices, job centers, private industry
26 councils, schools, local and community-based agencies. The
27 secretary shall develop standards for classifying applicants
28 into various levels of eligibility based on individual skill and
29 abilities, on the readiness, willingness and availability to
30 work, and on job availability measures. Not less than 60% of the
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1 enrolled participants shall be individuals who are:
2 (1) basic skills deficient;
3 (2) lacking in a high school or equivalency diploma; or
4 (3) without significant prior work experience.
5 Section 8. Compensation.
6 (a) Term of enrollment.--Program participants shall be paid
7 the wages provided in subsection (b) beginning on the day their
8 work commences and continuing throughout their enrollment in the
9 program. Unless the participant obtains employment or leaves the
10 program for another reason, enrollment shall be for a period of
11 18 months. Participants shall receive appropriate counseling and
12 job placement assistance prior to the end of their enrollment
13 and shall, in accordance with rules established by the
14 secretary, receive paid leave for the purpose of interviewing
15 for jobs. With the approval of an individual participant, the
16 secretary may refer a participant who successfully completes the
17 program to private or public sectors employers.
18 (b) Minimum wage.--Program participants shall receive an
19 hourly wage no less than $6 per hour. In the event the
20 prevailing wage at a worksite for an employee performing the
21 same job duties as a program participant is greater than $6 per
22 hour, the employer shall pay the program participant the wage
23 difference.
24 (c) Benefits.--Program participants shall be entitled to the
25 same paid holidays as other employees at their worksite.
26 Otherwise, they shall be entitled to paid Commonwealth holidays.
27 Program participants who obtain other employment prior to
28 completing their maximum enrollment in the program shall receive
29 a $500 empowerment credit which may be used only for the
30 purposes of continuing education and training, child care, car
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1 expenses and other purposes directly related to maintaining
2 employment.
3 (d) Work hours.--Program participants shall be scheduled to
4 work the standard work hours of the State, local or community-
5 based agency where they are assigned, but in no instance shall
6 participants be scheduled to work more than 40 hours per week.
7 Participants may request and shall be excused as necessary for a
8 minimum of four and a maximum of eight hours per week from
9 scheduled work hours to participate in adult education, job
10 training and job readiness or placement services, in accordance
11 with the participant's assessment. Participants shall be
12 compensated as set forth in subsection (b) while engaged in such
13 adult education, job training or job readiness or placement
14 services. During the last month of a participant's enrollment in
15 the program, release time for education or training may be used
16 for job search.
17 (e) Health benefits.--Notwithstanding the provisions of the
18 act of June 13, 1967 (P.L.31, No.21), known as the Public
19 Welfare Code, program participants and their spouses and
20 dependent children shall be eligible for medical assistance
21 during their term of enrollment in the program. In the event a
22 participant successfully transitions into nonsubsidized
23 employment, the participant's dependent children will remain
24 eligible for medical assistance for an additional year.
25 (f) Earned income tax credits.--The secretary shall ensure
26 that each program participant is educated concerning the federal
27 Earned Income Tax Credit Program (EITC) and is assisted in
28 applying for reverse withholding regarding the JOBS Program
29 wages they are paid.
30 (g) Child-care benefits.--Program participants who have
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1 dependent children shall be provided with quality child care
2 that enables them to participate. Participants who would
3 otherwise be eligible for child-care assistance under a program
4 administered by the Department of Public Welfare shall receive
5 the same benefits under such program as other former welfare
6 recipients or qualified employed individuals.
7 (h) Other supportive services.--In accordance with standards
8 to be established by the secretary, the secretary may provide
9 financial assistance for the purpose of assisting a participant
10 regarding one-time, work-related expenses, for the sole purpose
11 of assisting the participant in beginning his JOBS project.
12 Section 9. Supervisors.
13 (a) Funding.--Funds available for this program may be used
14 to pay the wages of crewleaders and other supervisors, as
15 necessary and appropriate, for the purpose of supervising
16 program participants.
17 (b) Crewleaders.--The secretary is authorized to employ
18 crewleaders where appropriate for a particular JOBS project.
19 Persons eligible to be hired as crewleaders shall be individuals
20 who are otherwise eligible to be program participants, capable
21 of doing the work to be supervised and qualified to perform
22 supervising duties. Crewleaders may be employed for a period
23 that may exceed the 18-month limit applicable for other program
24 participants. Crewleaders shall receive an hourly wage that
25 exceeds the hourly wage of other program participants by a
26 minimum of $5 and shall enjoy the same benefits as other
27 participants.
28 (c) Other supervisors.--Each JOBS project proposal submitted
29 to the program by a State, local or community-based agency shall
30 include a description of the supervision that would be needed
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1 and the extent to which the agency is able or unable to provide
2 such supervision. The secretary is authorized to subsidize
3 professional supervision for projects sponsored by community-
4 based agencies where the project warrants such expenditure and
5 the sponsoring agency is financially unable to afford the costs.
6 Section 10. Prohibited activities.
7 The secretary, in developing and approving projects, shall
8 assure that:
9 (1) In employment practices, no individual will be
10 discriminated against because of the individual's race,
11 color, religious creed, ancestry, sex, national origin, age
12 or non-job-related handicap or disability.
13 (2) No person shall make any payment to any other person
14 as compensation for referring an individual as a potential
15 program participant.
16 (3) It shall be unlawful for anyone to demand from any
17 public officer, a program participant or crewleader any
18 assessment or percentage of any money or profit, or its
19 equivalent in support, service or any other thing of value,
20 with the understanding, express or implied, that the same may
21 be used or shall be used for political purposes. Nothing
22 contained in this act shall be construed to prohibit
23 voluntary contributions to any political committee or
24 organization for legitimate political and campaign purposes
25 to the extent such contributions are not prohibited by law.
26 Section 11. Annual report.
27 On October 1, 1997, and each year thereafter during the
28 program's existence, the secretary shall report to the Secretary
29 of the Senate and the Chief Clerk of the House of
30 Representatives on the preceding fiscal year's impact of the
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1 program. All recipients of funds for approved projects shall
2 provide the information requested by the department for the
3 purposes of this report. The report shall include, but not be
4 limited to:
5 (1) Productivity measures by the type of project funded.
6 (2) The number of program participants enrolled.
7 (3) The average length of enrollment.
8 (4) The extent of job training provided to participants.
9 (5) The number of participants who find employment after
10 completion of the project.
11 (6) Estimated total dollar value of completed work
12 projects by type of project.
13 (7) Estimated potential revenue from projects completed
14 by program participants.
15 (8) Estimated savings by all levels of government as a
16 result of reductions in social service delivery and public
17 assistance benefits provided to or on behalf of JOBS Program
18 participants and their families during the period of their
19 participation in the program.
20 (9) Estimated tax revenues received by all levels of
21 government from participants during the period of their
22 participation in the JOBS Program.
23 (10) Estimated EITC benefits received by program
24 participants during the period of their participation in the
25 JOBS Program.
26 (11) An analysis of the impact of program participation
27 on the overall welfare of participants and their families,
28 taking into consideration such factors as family income, the
29 attainment of new skills or education levels and other social
30 benefits as reported by participants.
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1 (12) The amount of appropriated funds expended on
2 program administration.
3 Section 12. Local JOBS Program incubator.
4 In order to provide opportunities for local agencies to
5 create locally operated and funded local jobs programs, funds
6 may be authorized to support the development of new local jobs
7 programs consistent with the provisions of this act. Pending the
8 availability of funds, the department may enter into contingent
9 commitments with municipal governments to provide funding on a
10 reducing basis over a three-year period.
11 Section 13. Regulations.
12 The department shall promulgate regulations necessary to
13 carry out this act no later than April 1, 1999.
14 Section 14. Expenditure of funds.
15 (a) Administrative costs.--The secretary shall minimize to
16 the greatest extent possible the extent to which funds available
17 for this program are expended on anything other than participant
18 wages. The secretary shall establish guidelines for limiting
19 administrative costs, and, in the case of community-based
20 agencies, may take into account the size and administrative
21 capabilities of such agencies in such guidelines.
22 (b) Local and community-based agencies.--At least 50% of any
23 funds available annually for the JOBS Program shall be expended
24 on JOBS projects sponsored by local or community-based agencies.
25 (c) Use of funds.--For the 1998-1999 fiscal year and each
26 year thereafter, funds provided for this program shall be used
27 for the following:
28 (1) Program participant and crewleader wages and
29 authorized benefits.
30 (2) Contracted services for participants, such as
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1 assessment, training, case management, job readiness and
2 placement and tools and supplies.
3 (3) Program and project administration and supervision.
4 (4) Site development and materials, except that the
5 secretary is authorized to reject any JOBS project that would
6 include an unreasonable level of expenditures for such items.
7 Section 15. Appropriation.
8 The sum of $135,000,000, or as much thereof as may be
9 necessary, is hereby appropriated to the Department of Labor and
10 Industry for the fiscal year July 1, 1998, to June 30, 1999, for
11 the Job Opportunities in Basic Services (JOBS) Program.
12 Section 16. Effective date.
13 This act shall take effect July 1, 1998, or immediately,
14 whichever is later.
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