Full Text of SB0400 100th General Assembly
SB0400sam001 100TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 5/26/2017
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| 1 | | AMENDMENT TO SENATE BILL 400
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 400 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Exoneree Assistance Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Authority" means the Illinois Housing Development | 8 | | Authority.
| 9 | | "Department" means the Department of Commerce and Economic | 10 | | Opportunity.
| 11 | | "Director" means the Director of Commerce and Economic | 12 | | Opportunity.
| 13 | | "Exoneree" means a person who has been discharged from a | 14 | | prison of this State and has received:
| 15 | | (1) a pardon from the Governor stating that such
pardon | 16 | | is issued on the ground of innocence of the crime for which |
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| 1 | | he or she was imprisoned; or
| 2 | | (2) a certificate of innocence from the
Circuit Court | 3 | | as provided in Section 2-702 of the Code of Civil | 4 | | Procedure.
| 5 | | Section 10. Designation of service centers. | 6 | | (a) The Director of Commerce and Economic Opportunity shall | 7 | | designate multipurpose service centers for exonerees operated | 8 | | by community nonprofit agencies or organizations. To the | 9 | | greatest extent possible, the Director shall rely on such | 10 | | agencies or organizations whose major emphasis has been to | 11 | | provide social services. | 12 | | (b) The Director shall search for such nonprofit agencies | 13 | | or organizations to carry out the programs created under this | 14 | | Section.
| 15 | | (c) The Director shall designate the agencies or | 16 | | organizations to carry out such programs.
| 17 | | (d) Subject to appropriation, the Director shall begin to | 18 | | provide the necessary funds to the nonprofit agencies or | 19 | | organizations to set up and begin the operation of the | 20 | | multipurpose service centers. Thereafter the Director shall | 21 | | provide the funds appropriated for grants to the centers as the | 22 | | costs of the centers are incurred.
| 23 | | (e) The Director shall, with the advice of the staff of the | 24 | | centers, adopt rules to implement this Act with respect to | 25 | | service centers. Such rules shall include eligibility of |
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| 1 | | persons for job training and vocational programs, education | 2 | | programs, the level of stipends for the job training and | 3 | | vocational programs, education programs, housing assistance | 4 | | for exonerees, and a sliding fee scale for the service | 5 | | programs.
| 6 | | (f) In performing his or her duties under this Section, the | 7 | | Director shall consult and cooperate with such State agencies | 8 | | as may be appropriate, including, but not limited to, the | 9 | | Department of Employment Security to ensure that there is no | 10 | | duplication of services.
| 11 | | Section 15. Service center services.
| 12 | | (a) The multipurpose service centers created under Section | 13 | | 10 shall, after consulting and in cooperation with the | 14 | | Department of Commerce and Economic Opportunity and the | 15 | | Department of Employment Security, develop assistance services | 16 | | by cooperating with federal, State, and local governmental | 17 | | agencies. The services shall include, but not be limited to, | 18 | | the following:
| 19 | | (1) job training and vocational programs;
| 20 | | (2) counseling and placement of exonerees with respect | 21 | | to appropriate job opportunities;
| 22 | | (3) identifying community needs and seeking funding
| 23 | | for new public and private sector jobs in relation to | 24 | | exonerees;
| 25 | | (4) providing exonerees with training, skills, and
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| 1 | | referral services to help them to become gainfully employed | 2 | | and independent;
| 3 | | (5) developing plans to include more exonerees in
| 4 | | existing training and placement programs;
| 5 | | (6) referring exonerees to agencies which provide
| 6 | | information and assistance with respect to health care, | 7 | | financial matters, education, housing, and legal problems; | 8 | | and
| 9 | | (7) any other assistance or program that the Director | 10 | | may deem useful in assisting exonerees under this Act.
| 11 | | (b) To the extent possible, supervisory, technical, and | 12 | | administrative positions relating to the multipurpose service | 13 | | programs shall be filled by exonerees.
| 14 | | (c) The director of each center shall submit an annual | 15 | | report to the Director. The report shall include evaluations of | 16 | | the effectiveness of the job training, placement, and other | 17 | | service programs to exonerees, including the number of persons | 18 | | trained, the number of persons placed in employment, follow-up | 19 | | data on such persons, the number of persons served by the | 20 | | various service programs, and estimates of the cost | 21 | | effectiveness of the various components of the center. The | 22 | | Director shall also require quarterly reports and shall by rule | 23 | | specify the information to be included in the quarterly | 24 | | reports.
| 25 | | (d) The director of each center may accept, use, and | 26 | | dispose of contributions of money, services and property for |
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| 1 | | the purposes of this Act.
| 2 | | Section 20. Sponsoring agencies and organizations.
| 3 | | (a) The sponsoring nonprofit agency or organization under | 4 | | Section 15 shall consult and cooperate with the Department and | 5 | | the Department of Employment Security to ensure that there is | 6 | | no duplication of services, and shall cooperate with federal, | 7 | | State, and local agencies to coordinate the multiservice | 8 | | programs established under this Act.
| 9 | | (b) The agency or organization and the communities served | 10 | | by programs established under this Act shall provide a total of | 11 | | not less than 5% of the cost of the operation of the centers to | 12 | | supplement moneys appropriated to implement and continue this | 13 | | Act with respect to service centers.
| 14 | | Section 25. Exoneree housing assistance.
| 15 | | (a) Subject to the application process provided in | 16 | | subsection (c) of this Section, any exoneree who was a resident | 17 | | of this State at the time he or she was imprisoned shall be | 18 | | entitled to receive assistance under this Section for the | 19 | | purpose of acquiring within this State a suitable housing unit.
| 20 | | (b) The amount of State assistance granted to acquire a | 21 | | suitable housing unit shall be 25% of the cost of such housing | 22 | | unit, and assistance granted shall be in the form of a single | 23 | | lump-sum payment to the exoneree, but shall in no event exceed | 24 | | the sum of $15,000.
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| 1 | | (c) Application for assistance under this Section shall be | 2 | | made by the exoneree to the Illinois Housing Development | 3 | | Authority, and shall be accompanied by proof of a pardon by the | 4 | | Governor stating that such pardon was issued on the ground of | 5 | | innocence of the crime for which he or she was imprisoned or a | 6 | | Certificate of innocence from the Circuit Court, and any other | 7 | | documentation the Authority may deem necessary. The | 8 | | application shall contain such information as will enable the | 9 | | Authority to determine the suitability of the exoneree for | 10 | | assistance, and the amount of assistance to which the exoneree | 11 | | is entitled if deemed suitable. The Authority shall adopt | 12 | | general rules for determining the question of whether an | 13 | | applicant was a resident of this State at the time he or she | 14 | | was imprisoned, and shall prescribe by rule the nature of the | 15 | | proof to be submitted to establish the fact of residence.
| 16 | | Section 30. Exoneree Higher Education Grant Program.
| 17 | | (a) As used in this Section:
| 18 | | "Board" means the Illinois Board of Higher Education.
| 19 | | "Eligible exoneree" means an exoneree meeting the | 20 | | following criteria:
| 21 | | (1) the exoneree is a resident of this State and can | 22 | | provide proof that he or she was a resident of this State | 23 | | at the time he or she was imprisoned;
| 24 | | (2) the exoneree has been accepted into a program of | 25 | | higher education located in this State;
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| 1 | | (3) the exoneree exhibits financial need as determined | 2 | | by the Board;
| 3 | | (4) the exoneree provides proof of a pardon by the | 4 | | Governor stating that such pardon was issued on the ground | 5 | | of innocence of the crime for which he or she was | 6 | | imprisoned or a Certificate of innocence from the Circuit | 7 | | Court, and any other documentation the Board may deem | 8 | | necessary; and
| 9 | | (5) the exoneree meets other criteria as may be | 10 | | established by the Board.
| 11 | | "Program" means the Exoneree Higher Education Grant | 12 | | Program created under this Section.
| 13 | | (b) There is created the Exoneree Higher Education Grant | 14 | | Program to provide financial assistance to eligible exonerees, | 15 | | subject to appropriation, for the costs of attending a | 16 | | community college, college, or university in this State.
| 17 | | (c) The Board shall have the following powers and duties | 18 | | under this Section:
| 19 | | (1) to award grants to eligible exonerees;
| 20 | | (2) to establish a program of exoneree grants and to | 21 | | make grants to eligible exonerees;
| 22 | | (3) to determine criteria and standards of financial | 23 | | need for making grants, including the grant amount to be | 24 | | awarded;
| 25 | | (4) to determine the procedures for the distribution of | 26 | | grants to eligible exonerees, giving preference to |
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| 1 | | eligible exonerees whose financial resources are such | 2 | | that, in the absence of a Program grant, the exoneree will | 3 | | be prevented from attending an institution of higher | 4 | | education; and
| 5 | | (5) to adopt rules which are necessary for the | 6 | | establishment and maintenance of the Program required by | 7 | | this Section.
| 8 | | Section 35. Exoneree Discount Program.
| 9 | | (a) The Department of Commerce and Economic Opportunity | 10 | | shall establish and administer an Exoneree Discount Program | 11 | | that enables an exoneree to use his or her valid Illinois | 12 | | driver's license or Illinois Identification Card at | 13 | | participating merchants to receive a discount on goods and | 14 | | services or to receive another appropriate money-saving | 15 | | promotion of a merchant's choice.
| 16 | | (b) The Department shall develop and implement an outreach | 17 | | program, subject to resources, to ensure that exonerees and | 18 | | potential merchant-participants in the State are made aware of | 19 | | the Exoneree Discount Program. The Secretary of State may also | 20 | | assist in promoting and disseminating information on the | 21 | | Exoneree Discount Program.
| 22 | | (c) The Department shall adopt any rules necessary to | 23 | | implement this Act.
| 24 | | Section 40. Construction.
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| 1 | | (a) Nothing in this Act shall be construed to conflict with | 2 | | Section 2 of the Public Employment Office Act concerning job | 3 | | search and placement services to persons unjustly imprisoned, | 4 | | or any other employment services offered by the Department of | 5 | | Employment Security under that Act.
| 6 | | (b) Nothing in this Act shall be construed to conflict with | 7 | | the provisions of any federal or State statute, program, or | 8 | | service assisting in providing housing for wrongfully | 9 | | imprisoned persons.
| 10 | | (c) Nothing in this Act shall be construed to conflict with | 11 | | the provisions of any federal or State loan or grant program | 12 | | offering financial assistance for the costs of attending an | 13 | | institution of higher education.
| 14 | | (d) Nothing in this Act shall prevent an exoneree, as | 15 | | defined under this Act, from seeking and using services or | 16 | | benefits not otherwise provided under this Act.
| 17 | | Section 100. The Personnel Code is amended by adding | 18 | | Section 8b.21 as follows: | 19 | | (20 ILCS 415/8b.21 new) | 20 | | Sec. 8b.21. Exoneree preference. For the granting of | 21 | | appropriate preference in entrance examinations to qualified | 22 | | persons who have been wrongfully imprisoned in this State. | 23 | | (a) As used in this Section:
| 24 | | "Exoneree" has the same meaning as defined in Section 5 |
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| 1 | | of the Exoneree Assistance Act. | 2 | | (b) The preference granted under this Section shall be in | 3 | | the form of points added to the final grades of exonerees if | 4 | | they otherwise qualify and are entitled to appear on the list | 5 | | of those eligible for appointments. The exoneree preference | 6 | | additional point total shall be determined by the Director of | 7 | | Central Management Services, but shall be no less than 3 | 8 | | points. | 9 | | (c) The rank order of persons entitled to a preference on | 10 | | eligible lists shall be determined on the basis of their | 11 | | augmented ratings. When the Director establishes eligible | 12 | | lists on the basis of category ratings such as "superior", | 13 | | "excellent", "well-qualified", and "qualified", the exoneree | 14 | | eligibles in each such category shall be preferred for | 15 | | appointment before the non-exoneree eligibles in the same | 16 | | category. | 17 | | (d) The Department of Central Management Services shall | 18 | | adopt rules and implement procedures to verify that any person | 19 | | seeking a preference under this Section is entitled to the | 20 | | preference. A person seeking a preference under this Section | 21 | | shall provide documentation or execute any consents or other | 22 | | documents required by the Department of Central Management | 23 | | Services or any other State department or agency to enable the | 24 | | department or agency to verify that the person is entitled to | 25 | | the preference. | 26 | | (e) If an applicant claims to be an exoneree for purposes |
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| 1 | | of receiving the preference, the Department of Central | 2 | | Management Services must verify that status before granting an | 3 | | exoneree preference by requiring proof of a pardon by the | 4 | | Governor stating that such pardon was issued on the ground of | 5 | | innocence of the crime for which he or she was imprisoned or a | 6 | | Certificate of innocence from the Circuit Court, or any other | 7 | | evidence of the applicant's release from wrongful imprisonment | 8 | | that is determined to be acceptable by the Department of | 9 | | Central Management Services. | 10 | | Section 105. The Department of Commerce and Economic | 11 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 12 | | amended by changing Section 605-416 as follows: | 13 | | (20 ILCS 605/605-416) | 14 | | Sec. 605-416. Loans to qualified ex-offenders. | 15 | | (a) The Department of Commerce and Economic Opportunity may | 16 | | establish an ex-offender business ownership grant and loan | 17 | | program. Funding for this program shall come from the | 18 | | Ex-Offender Fund. The Department shall provide grants to | 19 | | organizations and entities that work with ex-offenders and | 20 | | facilitate the reentry of ex-offenders into society. | 21 | | Organizations wishing to participate in the program must | 22 | | present an application to the Department in order to receive | 23 | | funding. | 24 | | (b) Funding distributed from the Ex-Offender Fund may be |
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| 1 | | used only for the following purposes: | 2 | | (1) For the awarding of grants to organizations and | 3 | | entities to provide low interest loans to ex-offenders so | 4 | | that these individuals may start and operate their own | 5 | | businesses that have a positive impact on society. The | 6 | | maximum amount of a loan funded by a grant under this | 7 | | Section that an ex-offender may receive is $5,000. | 8 | | (2) For the awarding of grants to entities or | 9 | | organizations assisting ex-offenders, so that individual | 10 | | ex-offenders may develop business plans to start up their | 11 | | own businesses. These grants are to be used for the sole | 12 | | purpose of acquiring a business plan developed by a | 13 | | credible source. In order to receive these grants, | 14 | | qualified ex-offenders must submit an application and | 15 | | provide 50% of the cost to develop the business plan. | 16 | | (3) For the administration costs of the program. | 17 | | (c) For purposes of this Section, "qualified ex-offender" | 18 | | means any person who: | 19 | | (1) is an eligible offender, as defined under Section | 20 | | 5-5.5-5 of the Unified Code of Corrections; | 21 | | (2) was sentenced to a period of incarceration in an | 22 | | Illinois adult correctional center; and | 23 | | (3) presents an application and a professional | 24 | | business plan to the organization or entity that is making | 25 | | the loan.
| 26 | | (c-5) For the purposes of this Section, "qualified |
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| 1 | | ex-offender" includes any person defined as an "exoneree" under | 2 | | Section 5 of the Exoneree Assistance Act. Such a person shall | 3 | | be required to present an application and a professional | 4 | | business plan to the organization or entity that is making the | 5 | | loan under this Section. | 6 | | (Source: P.A. 96-656, eff. 1-1-10.) | 7 | | Section 110. The Illinois Income Tax Act is amended by | 8 | | changing Section 216 as follows: | 9 | | (35 ILCS 5/216) | 10 | | Sec. 216. Credit for wages paid to ex-felons. | 11 | | (a) For each taxable year beginning on or after January 1, | 12 | | 2007, each taxpayer is entitled to a credit against the tax | 13 | | imposed by subsections (a) and (b) of Section 201 of this Act | 14 | | in an amount equal to 5% of qualified wages paid by the | 15 | | taxpayer during the taxable year to one or more Illinois | 16 | | residents who are qualified ex-offenders. The total credit | 17 | | allowed to a taxpayer with respect to each qualified | 18 | | ex-offender may not exceed $1,500 for all taxable years. For | 19 | | partners, shareholders of Subchapter S corporations, and | 20 | | owners of limited liability companies, if the liability company | 21 | | is treated as a partnership for purposes of federal and State | 22 | | income taxation, there shall be allowed a credit under this | 23 | | Section to be determined in accordance with the determination | 24 | | of income and distributive share of income under Sections 702 |
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| 1 | | and 704 and Subchapter S of the Internal Revenue Code. | 2 | | (b) For purposes of this Section, "qualified wages": | 3 | | (1) includes only wages that are subject to federal | 4 | | unemployment tax under Section 3306 of the Internal Revenue | 5 | | Code, without regard to any dollar limitation contained in | 6 | | that Section;
| 7 | | (2) does not include any amounts paid or incurred by an | 8 | | employer for any period to any qualified ex-offender for | 9 | | whom the employer receives federally funded payments for | 10 | | on-the-job training of that qualified ex-offender for that | 11 | | period;
and
| 12 | | (3) includes only wages attributable to service | 13 | | rendered during the one-year period beginning with the day | 14 | | the qualified ex-offender begins work for the employer.
| 15 | | If the taxpayer has received any payment from a program | 16 | | established under Section 482(e)(1) of the federal Social | 17 | | Security Act with respect to a qualified ex-offender, then, for | 18 | | purposes of calculating the credit under this Section, the | 19 | | amount of the qualified wages paid to that qualified | 20 | | ex-offender must be reduced by the amount of the payment.
| 21 | | (c) For purposes of this Section, "qualified ex-offender" | 22 | | means any person who:
| 23 | | (1) has been convicted of a crime in this State or of | 24 | | an offense in any other jurisdiction, not including any | 25 | | offense or attempted offense that would subject a person to | 26 | | registration under the Sex Offender Registration Act; |
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| 1 | | (2) was sentenced to a period of incarceration in an | 2 | | Illinois adult correctional center; and | 3 | | (3) was hired by the taxpayer within 3 years after | 4 | | being released from an Illinois adult correctional center. | 5 | | (c-5) For the purposes of this Section, "qualified | 6 | | ex-offender" includes any person defined as an "exoneree" under | 7 | | Section 5 of the Exoneree Assistance Act who was hired by the | 8 | | taxpayer within 3 years after being exonerated. | 9 | | (d) In no event shall a credit under this Section reduce | 10 | | the taxpayer's liability to less than zero. If the amount of | 11 | | the credit exceeds the tax liability for the year, the excess | 12 | | may be carried forward and applied to the tax liability of the | 13 | | 5 taxable years following the excess credit year. The tax | 14 | | credit shall be applied to the earliest year for which there is | 15 | | a tax liability. If there are credits for more than one year | 16 | | that are available to offset a liability, the earlier credit | 17 | | shall be applied first.
| 18 | | (e) This Section is exempt from the provisions of Section | 19 | | 250. | 20 | | (Source: P.A. 98-165, eff. 8-5-13.)".
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