Full Text of HB3215 102nd General Assembly
HB3215ham003 102ND GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 4/5/2022
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| 1 | | AMENDMENT TO HOUSE BILL 3215
| 2 | | AMENDMENT NO. ______. Amend House Bill 3215 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Securing All Futures through Equitable Reinvestment (SAFER) | 6 | | Communities and Small Business Act. | 7 | | Section 5. Intent. To reverse the trend of high | 8 | | unemployment among formerly incarcerated individuals and to | 9 | | spur the economic recovery of small businesses in Illinois, it | 10 | | is necessary to provide financial incentives for employers to | 11 | | create new, full-time jobs for individuals with felony | 12 | | conviction records. | 13 | | The intent of this Act is to facilitate the re-entry into | 14 | | society of formerly incarcerated individuals and to create | 15 | | financial incentives, in the form of wage subsidies and small | 16 | | business grants, for employers to hire formerly incarcerated |
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| 1 | | individuals. | 2 | | Section 10. Definitions. As used in this Act: | 3 | | "Applicant" means a person who is operating either: (i) a | 4 | | not-for-profit organization that is tax-exempt under Section | 5 | | 501(c)(3) of the Internal Revenue Code; or (ii) a business | 6 | | engaged in interstate or intrastate commerce, located within | 7 | | the State that hires a participant for a position under a union | 8 | | contract or for a position that offers a basic wage and | 9 | | benefits package as compensation. In the case of any person | 10 | | that is a member of a unitary business group as defined in | 11 | | paragraph (27) of subsection (a) of Section 1501 of the | 12 | | Illinois Income Tax Act, "applicant" refers to the unitary | 13 | | business group. | 14 | | "Basic wage" means a minimum of 133% of the local hourly | 15 | | minimum wage. | 16 | | "Benefits package" means the benefits outside of the | 17 | | employee's basic wage including: | 18 | | (1) a minimum of 5 days of earned sick time; and | 19 | | (2) a minimum of 5 days of paid vacation. | 20 | | "Certificate of eligibility" means the certificate issued | 21 | | by the Department under Section 25. | 22 | | "Date of hire" means the first day upon which the | 23 | | participant provides services as an employee of the applicant | 24 | | under a union contract or for a basic wage and benefits package | 25 | | as compensation. |
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| 1 | | "Department" means the Department of Human Services. | 2 | | "Disproportionately impacted area" means a census tract or | 3 | | comparable geographic area that has high rates of arrest, | 4 | | conviction, and incarceration among residents, as determined | 5 | | by the Department of Commerce and Economic Opportunity. | 6 | | "Full-time employee" means an individual who has a | 7 | | position under a union contract or is employed for a basic wage | 8 | | for at least 30 hours each week and receives a benefits package | 9 | | as compensation. | 10 | | "Incentive period" means the period beginning on March 1, | 11 | | 2023 and ending on February 29, 2028. | 12 | | "Noncompliance date" means, in the case of an applicant | 13 | | that is not complying with the requirements of this Act, the | 14 | | date upon which the applicant became noncompliant with the | 15 | | requirements of this Act, as determined by the Secretary under | 16 | | Section 40. | 17 | | "Participant" means a full-time employee who: | 18 | | (1) was unemployed or making less than the basic wage | 19 | | before being hired by an applicant; | 20 | | (2) was convicted of a felony crime in Illinois; | 21 | | (3) is registered for the SAFER Communities Wage | 22 | | Subsidy Pilot Program described in Section 20; and | 23 | | (4) is subsequently hired during the incentive period | 24 | | by an applicant for a position under union contract or for | 25 | | a position that offers a basic wage and benefits package | 26 | | as compensation. |
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| 1 | | "Participant" does not include a person who was employed | 2 | | prior to the onset of the incentive period as a full-time | 3 | | employee by the applicant or a related member of the applicant | 4 | | that has more than 15 total employees. | 5 | | "Qualifying returning citizen" means an Illinois resident | 6 | | who has been incarcerated within 10 years prior to the date | 7 | | that a Returning Citizen and Small Business Grant, described | 8 | | in Section 60, is awarded. | 9 | | "Re-entering person" means an individual who is in the | 10 | | physical custody of the Department of Corrections and is | 11 | | scheduled to be released from custody within 12 months. | 12 | | "Secretary" means the Secretary of Human Services. | 13 | | "Small business" means a business located within this | 14 | | State that: | 15 | | (1) is engaged in interstate or intrastate commerce; | 16 | | and | 17 | | (2) employs 100 or fewer employees. | 18 | | "Wage subsidy" means the amount awarded by the Department | 19 | | to an applicant by issuance of a certificate under Section 30 | 20 | | for each participant hired. | 21 | | Section 15. Powers of the Department. The Department is | 22 | | granted and shall have all the powers necessary or convenient | 23 | | to carry out and effectuate the purposes and provisions of | 24 | | this Act, including, but not limited to, the power and | 25 | | authority to: |
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| 1 | | (1) Adopt rules or procedures deemed necessary and | 2 | | appropriate for the administration of this Act; establish | 3 | | forms for applications, notifications, contracts, or any | 4 | | other agreements; and accept applications at any time | 5 | | during the year and require that all applications be | 6 | | submitted via the Internet. The Department shall require | 7 | | that applications be submitted in electronic form. | 8 | | (2) Provide guidance and assistance to an applicant in | 9 | | accordance with this Act, and cooperate with applicants to | 10 | | promote, foster, and support job creation within the | 11 | | State. | 12 | | (3) Enter into agreements and memoranda of | 13 | | understanding with agencies of the federal government, | 14 | | units of local government, universities, research | 15 | | foundations or institutions, regional economic development | 16 | | corporations, or other organizations for the purposes of | 17 | | this Act. | 18 | | (4) Gather information with respect to applicants for | 19 | | the purpose of making any designations or certifications | 20 | | in furtherance of the purposes of this Act. | 21 | | (5) Provide for sufficient personnel to adequately | 22 | | discharge its duties and responsibilities described in | 23 | | this Act from any funds appropriated by the General | 24 | | Assembly for the administration of this Act. | 25 | | (6) Require applicants, upon written request, to issue | 26 | | any necessary authorization to the appropriate federal, |
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| 1 | | State, or local authority or any other person for the | 2 | | release to the Department of information requested by the | 3 | | Department, with the information requested to include, but | 4 | | not limited to, financial reports, returns, or records | 5 | | relating to the applicant or to the amount of the wage | 6 | | subsidy allowable under this Act. | 7 | | Section 20. SAFER Communities Wage Subsidy Pilot Program. | 8 | | (a) The Department shall establish and administer a SAFER | 9 | | Communities Wage Subsidy Pilot Program. Within each calendar | 10 | | year of the incentive period, the wage subsidy shall apply to | 11 | | no more than 6,000 participants. A maximum of 3,000 | 12 | | participants per calendar year shall have been released from | 13 | | the custody of any correctional facility in the State within | 14 | | one year of the date of registration for the pilot program. A | 15 | | maximum of 3,000 participants per calendar year shall have | 16 | | been released from the custody of any correctional facility in | 17 | | the State within a period of not more than 10 years and not | 18 | | less than one year from the date of registration for the pilot | 19 | | program. | 20 | | (b) The Department shall maintain a database of all | 21 | | participants for the duration of the incentive period. | 22 | | (1) Individuals seeking to participate in the pilot | 23 | | program shall register with the Department on or after | 24 | | January 1, 2023. | 25 | | (2) The Department shall verify individuals' |
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| 1 | | eligibility to participate in the pilot program by | 2 | | checking their employment and felony conviction history. | 3 | | (3) The Department shall mail a letter containing a | 4 | | denial or confirmation of the individual's eligibility to | 5 | | participate in the pilot program to the primary address of | 6 | | the individual. The Department shall also send an email | 7 | | with an electronic version of the letter attached to the | 8 | | primary email address of the individual. | 9 | | (A) The denial letter shall state the reason why | 10 | | the individual is being denied. | 11 | | (B) The confirmation letter shall state the | 12 | | identifying number assigned to the individual. | 13 | | (C) The Department shall maintain a record of the | 14 | | participants and the corresponding applicant. | 15 | | Section 25. Certificate of eligibility for wage subsidy. | 16 | | (a) An applicant that hires a participant as a full-time | 17 | | employee during the incentive period may apply for a | 18 | | certificate of eligibility for the wage subsidy on or after | 19 | | the date of hire. | 20 | | (b) An applicant may apply for a certificate of | 21 | | eligibility for the wage subsidy for more than one participant | 22 | | on or after the date of hire of each qualifying participant. | 23 | | The application shall include the following: | 24 | | (1) the name, Social Security number or Individual | 25 | | Taxpayer Identification number, job description, salary or |
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| 1 | | wage rate, and date of hire of each participant with | 2 | | respect to whom the wage subsidy is being requested, and | 3 | | whether each participant is registered in the pilot | 4 | | program described in Section 20; | 5 | | (2) the number of participants hired by the applicant | 6 | | during the incentive period; | 7 | | (3) an agreement that the Secretary is authorized to | 8 | | verify with the appropriate State agencies the information | 9 | | contained in the request before issuing a certificate to | 10 | | the applicant; | 11 | | (4) the physical address of the workplace to which the | 12 | | participant reports for work; and | 13 | | (5) any other information the Department determines to | 14 | | be appropriate. | 15 | | (c) After receipt of an application and approval of | 16 | | eligibility under this Section, the Department shall issue a | 17 | | certificate of eligibility to all qualified applicants, | 18 | | stating: | 19 | | (1) the date and time on which the application was | 20 | | received by the Department and an identifying number | 21 | | assigned to the applicant by the Department; and | 22 | | (2) the monthly amount of wage subsidy the applicant | 23 | | would receive under this Act with respect to the new | 24 | | employees listed on the application. | 25 | | (d) After the initial certificate of eligibility is | 26 | | issued, the applicant must submit a monthly report of |
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| 1 | | employment of all participants to the Department. The | 2 | | Department shall review the report on a monthly basis and | 3 | | determine the applicant's eligibility for a monthly wage | 4 | | subsidy under this Act. | 5 | | (e) Each applicant shall, on a monthly basis starting from | 6 | | receipt of the certificate of eligibility for the wage | 7 | | subsidy, submit a year-to-date report of the employment of | 8 | | participants to remain in good standing to receive the wage | 9 | | subsidy. | 10 | | (f) The reports shall be submitted in the form and manner | 11 | | required by the Department. | 12 | | Section 30. Wage subsidy. | 13 | | (a) Subject to the conditions set forth in this Act, an | 14 | | applicant with a certificate of eligibility is entitled to a | 15 | | monthly wage subsidy for each participant that was employed | 16 | | for a full calendar month by the applicant if the following | 17 | | conditions are met: | 18 | | (1) the participant was continuously employed under a | 19 | | union contract or for a basic wage and benefits package; | 20 | | and | 21 | | (2) starting from the date of hire of the participant, | 22 | | the applicant maintained or increased the total number of | 23 | | full-time Illinois employees. | 24 | | (b) The Department shall make monthly wage subsidy | 25 | | payments to qualified applicants with a certificate of |
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| 1 | | eligibility that are in compliance with the requirements of | 2 | | this Act. | 3 | | (c) The Department shall issue a wage subsidy payment to | 4 | | the applicant for each participant that was continuously | 5 | | employed for an entire calendar month after the date on which | 6 | | the certificate is issued by the Department, and each month | 7 | | thereafter for a maximum of 12 months during the incentive | 8 | | period, as long as the participant's employment with the | 9 | | applicant is continuously maintained and the Department | 10 | | determines the applicant is in compliance with the | 11 | | requirements of this Act. | 12 | | (d) The monetary amount of each monthly wage subsidy | 13 | | payment awarded to an applicant for each participant who was | 14 | | continuously employed for an entire calendar month shall | 15 | | equal: | 16 | | (1) $1,250 for all applicants whose workplaces are | 17 | | located in disproportionately impacted areas; and | 18 | | (2) $850 for all other applicants. | 19 | | Section 35. Maximum amount of wage subsidies allowed. To | 20 | | the extent authorized under Section 30, during the incentive | 21 | | period the Department shall limit the total annual amount of | 22 | | wage subsidies awarded under this Act to no more than | 23 | | $50,000,000. If applications for a greater amount are | 24 | | received, wage subsidies shall be allowed on a first come, | 25 | | first served basis, based on the date on which each properly |
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| 1 | | completed application for a certificate of eligibility is | 2 | | received by the Department. If more than one certificate of | 3 | | eligibility is received on the same day, the wage subsidies | 4 | | shall be awarded based on the time of submission for that | 5 | | particular day. | 6 | | Section 40. Noncompliance. | 7 | | (a) If the Secretary determines that an applicant that has | 8 | | received a wage subsidy under this Act is not complying with | 9 | | the requirements of this Act, the Secretary shall provide | 10 | | notice to the applicant of the alleged noncompliance, and | 11 | | allow the applicant a hearing under the Illinois | 12 | | Administrative Procedure Act. | 13 | | (b) If, after such notice and any hearing, the Secretary | 14 | | determines that noncompliance exists, the Secretary shall | 15 | | issue a notice to the applicant to that effect stating the | 16 | | noncompliance date. | 17 | | Section 45. Awareness promotion of the pilot program. From | 18 | | January 1, 2023 through the end of the incentive period, the | 19 | | Department of Corrections shall implement procedures to | 20 | | promote awareness and participation in the SAFER Communities | 21 | | Wage Subsidy Pilot Program among re-entering persons, | 22 | | including, but not limited to, the following: | 23 | | (1) The Department of Corrections shall ensure that | 24 | | the wardens or superintendents of all correctional |
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| 1 | | institutions and facilities visibly post information about | 2 | | the availability and registration process for the SAFER | 3 | | Communities Wage Subsidy Pilot Program in all common areas | 4 | | of their respective institutions, and shall broadcast the | 5 | | same via in-house institutional information television | 6 | | channels. The Department of Corrections shall ensure that | 7 | | updated information is distributed in a timely, visible, | 8 | | and accessible manner. | 9 | | (2) The Department of Corrections shall ensure that | 10 | | upon release as a committed person on parole, mandatory | 11 | | supervised release, aftercare release, final discharge, or | 12 | | pardon, a re-entering person shall be provided with | 13 | | written information about the availability and | 14 | | registration process for the SAFER Communities Wage | 15 | | Subsidy Pilot Program. | 16 | | (3) The Department of Corrections shall provide | 17 | | direction to each parole office within this State that | 18 | | information about the availability and registration | 19 | | process for the SAFER Communities Wage Subsidy Pilot | 20 | | Program be posted in a visible and accessible manner. | 21 | | (4) The Department of Corrections shall distribute | 22 | | written information about the availability and | 23 | | registration process for the SAFER Communities Wage | 24 | | Subsidy Pilot Program to the Community Support Advisory | 25 | | Councils of the Department of Corrections for use in | 26 | | re-entry programs across this State. |
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| 1 | | Section 50. Returning Citizens and Small Business Grant | 2 | | Program. | 3 | | (a) The Department shall establish a Returning Citizen and | 4 | | Small Business Grant Program. | 5 | | (b) The Department shall provide grants to small | 6 | | businesses that hire qualified returning citizens to offset | 7 | | the costs of paid, on-the-job training. | 8 | | (c) To be eligible for grants issued under this Section, a | 9 | | small business must: | 10 | | (1) provide a certification indicating that it has | 11 | | hired a qualified returning citizen as a full-time | 12 | | employee; | 13 | | (2) provide on-the-job training to that returning | 14 | | citizen for at least 60 days; and | 15 | | (3) paid the qualifying returning citizen at least a | 16 | | basic wage. | 17 | | (d) An eligible small business shall be awarded grants in | 18 | | the amount of $2,500 per new qualifying returning citizen | 19 | | hired. | 20 | | (e) Eligible small businesses shall not be limited to one | 21 | | grant. | 22 | | (f) The Department shall limit the total annual amount of | 23 | | small business grants to no more than $25,000,000. The | 24 | | Department shall administer the issuance of grants under the | 25 | | Program on a first come, first served basis. |
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| 1 | | Section 55. Data collection and reporting. In partnership | 2 | | with the Illinois Sentencing Policy Advisory Council, the | 3 | | Secretary shall make publicly available annual reports on the | 4 | | utilization, outcomes, and impact of the SAFER Communities | 5 | | Wage Subsidy Pilot Program and the Returning Citizen and Small | 6 | | Business Grant Program described in this Act, including, but | 7 | | not limited to: | 8 | | (1) the total number of participants hired under each | 9 | | program, disaggregated by categories of race, age, gender, | 10 | | hourly wage, length of job retention, recidivism status, | 11 | | job location by region, and employment industry; and | 12 | | (2) the impact of each program on overall statewide | 13 | | recidivism rates, individual rate of recidivism, and any | 14 | | public savings or fiscal impact associated with reduced | 15 | | recidivism rates on the State economy. | 16 | | Section 60. Funding. Implementation of this Act is subject | 17 | | to appropriation. The Department may use State or federal | 18 | | funding to administer the SAFER Communities Wage Subsidy Pilot | 19 | | Program and the Returning Citizen and Small Business Grant | 20 | | Program described in this Act. | 21 | | Section 70. Rulemaking authority. | 22 | | (a) The Department may adopt rules necessary to implement | 23 | | this Act. Any administrative rules necessary to implement this |
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| 1 | | Act shall be filed by the Department within 6 months after the | 2 | | effective date of this Act. | 3 | | (b) The Department of Corrections shall adopt rules to | 4 | | carry out its responsibilities under this Act. Any | 5 | | administrative rules necessary to implement its | 6 | | responsibilities under this Act shall be filed by the | 7 | | Department of Corrections within 6 months after the effective | 8 | | date of this Act. | 9 | | Section 75. Repealer. This Act is repealed on December 31, | 10 | | 2028.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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