Rep. Justin Slaughter

Filed: 2/22/2022

 

 


 

 


 
10200HB3215ham002LRB102 13303 RLC 35076 a

1
AMENDMENT TO HOUSE BILL 3215

2    AMENDMENT NO. ______. Amend House Bill 3215 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Securing All Futures through Equitable Reinvestment in
6Communities Pilot Program Act.
 
7    Section 5. Intent. The intent of this Act is to facilitate
8the re-entry into society of formerly incarcerated individuals
9by creating financial incentives, in the form of wage
10subsidies, for employers that hire formerly incarcerated
11individuals.
 
12    Section 10. Findings and purpose. In order to reverse the
13trend of high unemployment among formerly incarcerated
14individuals and to help spur the economy to recovery, it is
15necessary to assist individuals in accessing self-supporting,

 

 

10200HB3215ham002- 2 -LRB102 13303 RLC 35076 a

1full-time work.
 
2    Section 15. Definitions. In this Act:
3    "Applicant" means a person who is operating a business
4located within this State that:
5        (1) is engaged in interstate or intrastate commerce;
6    and
7        (2) hires a participant for a position under a union
8        contract, or for a position that offers a basic wage
9        and benefits package as compensation. In the case of
10        any person who is a member of a unitary business group
11        within the meaning of paragraph (27) of subsection (a)
12        of Section 1501 of the Illinois Income Tax Act,
13        "applicant" refers to the unitary business group.
14    "Basic wage" means a minimum of $20 per hour as
15compensation.
16    "Benefits package" means the new full-time employee's
17benefits outside of the employee's basic wage including:
18        (1) a minimum of 5 days of earned sick leave; and
19        (2) a minimum of 5 days of paid vacation.
20    "Certificate of eligibility" means the certificate issued
21by the Department under Section 30 of this Act.
22    "Date of hire" means the first day upon which the
23participant begins providing services as an employee of the
24applicant under a union contract or for a basic wage and
25benefits package as compensation.

 

 

10200HB3215ham002- 3 -LRB102 13303 RLC 35076 a

1    "Department" means the Department of Commerce and Economic
2Opportunity, unless the text specifies another particular
3Department.
4    "Director" means the Director of Commerce and Economic
5Opportunity.
6    "Disproportionately impacted area" means a census tract or
7comparable geographic area that has high rates of arrest,
8conviction, and incarceration among residents, as determined
9by the Department of Commerce and Economic Opportunity.
10    "Full-time employee" means an individual who has a
11position under union contract or is employed for a basic wage
12for at least 35 hours each week and receives a benefits package
13as compensation.
14    "Incentive period" means the period beginning on March 1,
152023 and ending on February 28, 2028.
16    "Noncompliance date" means, in the case of an applicant
17that is not complying with the requirements of the provisions
18of this Act, the date upon which the applicant became
19noncompliant with the requirements of the provisions of this
20Act, as determined by the Director under Section 60.
21    "Participant" means a full-time employee who:
22        (1) was unemployed or making less than the basic wage
23    referred to in this Section before being hired by an
24    applicant;
25        (2) served a sentence of incarceration;
26        (3) is registered for the pilot program described in

 

 

10200HB3215ham002- 4 -LRB102 13303 RLC 35076 a

1    Section 25; and
2        (4) is subsequently hired during the incentive period
3    by an applicant for a position under union contract or for
4    a position that offers a basic wage and benefits package
5    as compensation.
6    "Participant" does not include a person who was employed
7prior to the onset of the incentive period as a full-time
8employee by the applicant or a related member of the applicant
9that has more than 15 total employees.
10    "Re-entering person" means any individual who is in
11physical custody of the Department of Corrections and is
12scheduled to be released from custody within 12 months.
13    "Wage subsidy" means the amount awarded by the Department
14to an applicant by issuance of a certificate under Section 35
15for each participant hired.
 
16    Section 20. Powers of the Department. The Department, in
17addition to those powers granted under the Department of
18Commerce and Economic Opportunity Law, is granted and shall
19have all the powers necessary or convenient to carry out and
20effectuate the purposes and provisions of this Act, including,
21but not limited to, power and authority to:
22        (1) adopt rules deemed necessary and appropriate for
23    the administration of this Act; establish forms for
24    applications, notifications, contracts, or any other
25    agreements; and accept applications at any time during the

 

 

10200HB3215ham002- 5 -LRB102 13303 RLC 35076 a

1    year and require that all applications be submitted via
2    the Internet. The Department shall require that
3    applications be submitted in electronic form;
4        (2) provide guidance and assistance to an applicant
5    pursuant to the provisions of this Act, and cooperate with
6    applicants to promote, foster, and support job creation
7    within the State;
8        (3) enter into agreements and memoranda of
9    understanding for participation of and cooperation with
10    agencies of the federal government, units of local
11    government, universities, research foundations or
12    institutions, regional economic development corporations,
13    or other organizations for the purposes of this Act;
14        (4) gather information and conduct inquiries, in the
15    manner and by the methods it deems desirable, including,
16    but not limited to, gathering information with respect to
17    applicants for the purpose of making any designations or
18    certifications necessary or desirable or to gather
19    information in furtherance of the purposes of this Act;
20        (5) establish, negotiate, and effectuate any term,
21    agreement, or other document with any person necessary or
22    appropriate to accomplish the purposes of this Act; and
23    consent, subject to the provisions of any agreement with
24    another party, to the modification or restructuring of any
25    agreement to which the Department is a party;
26        (6) provide for sufficient personnel to permit

 

 

10200HB3215ham002- 6 -LRB102 13303 RLC 35076 a

1    administration, staffing, operation, and related support
2    required to adequately discharge its duties and
3    responsibilities described in this Act from funds made
4    available through charges to applicants or from funds as
5    may be appropriated by the General Assembly for the
6    administration of this Act;
7        (7) require applicants, upon written request, to issue
8    any necessary authorization to the appropriate federal,
9    State, or local authority or any other person for the
10    release to the Department of information requested by the
11    Department, with the information requested to include, but
12    not limited to, financial reports, returns, or records
13    relating to the applicant or to the amount of wage subsidy
14    allowable under this Act;
15        (8) require that an applicant shall, at all times,
16    keep proper books of record and account in accordance with
17    generally accepted accounting principles consistently
18    applied with the books, records, or papers related to the
19    agreement in the custody or control of the applicant open
20    for reasonable Department inspection and audits, and
21    including, but not limited to, the making of copies of the
22    books, records, or papers; and
23        (9) take whatever actions are necessary or appropriate
24    to protect the State's interest in the event of
25    bankruptcy, default, foreclosure, or noncompliance with
26    the terms and conditions of financial assistance or

 

 

10200HB3215ham002- 7 -LRB102 13303 RLC 35076 a

1    participation required under this Act, including the power
2    to sell, dispose of, lease, or rent, upon terms and
3    conditions determined by the Director to be appropriate,
4    real or personal property that the Department may recover
5    as a result of these actions.
 
6    Section 25. Pilot program.
7    (a) The wage subsidy shall only apply to a maximum of
820,000 participants for the duration of the incentive period.
9A maximum of 10,000 participants shall consist of persons
10released from prison on or after January 1, 2022. A maximum of
1110,000 participants shall consist of persons released from
12prison between January 1, 2012 and December 31, 2021.
13    (b) The Department shall maintain a database of all
14participants for the duration of the incentive period.
15        (1) Individuals seeking to participate in the pilot
16    program shall register with the Department on or after
17    January 1, 2023.
18        (2) The Department shall verify individuals'
19    eligibility to participate in the program by checking
20    their employment and incarceration history.
21        (3) The Department shall mail a written letter
22    containing a denial or confirmation of the individual's
23    eligibility to participate in the program to the primary
24    address of the individual. The Department shall also send
25    an email with an electronic version of the letter attached

 

 

10200HB3215ham002- 8 -LRB102 13303 RLC 35076 a

1    to the primary email address of the individual.
2            (A) The denial letter shall state the reason why
3        the individual is being denied.
4            (B) The confirmation letter shall state the
5        identifying number assigned to the individual.
6    (c) The Department shall maintain a record of the
7participants and the corresponding applicant.
8        (1) Each applicant shall, on a monthly basis starting
9    from receipt of the certificate of eligibility for the
10    wage subsidy, submit a year-to-date report of the
11    employment of participants to remain in good standing to
12    receive the wage subsidy.
13        (2) The reports shall be submitted in the form and
14    manner required by the Department.
 
15    Section 30. Certificate of eligibility for wage subsidy.
16    (a) An applicant who hires a participant as a full-time
17employee during the incentive period may apply for a
18certificate of eligibility for the wage subsidy on or after
19the date of hire.
20    (b) An applicant may apply for a certificate of
21eligibility for the wage subsidy for more than one participant
22on or after the date of hire of each qualifying participant.
23The application shall include the following:
24        (1) the name, social security number or individual
25    taxpayer identification number, job description, salary or

 

 

10200HB3215ham002- 9 -LRB102 13303 RLC 35076 a

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 25;
5        (2) the number of participants hired by the applicant
6    during the incentive period;
7        (3) an agreement that the Director 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
16eligibility under this Section, the Department shall issue a
17certificate of eligibility to all qualified applicants,
18stating:
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
26issued, the applicant must submit a monthly report of

 

 

10200HB3215ham002- 10 -LRB102 13303 RLC 35076 a

1employment of all participants to the Department. The
2Department shall review the report on a monthly basis and
3determine the applicant's eligibility for a monthly wage
4subsidy under this Act.
 
5    Section 35. Wage subsidy.
6    (a) Subject to the conditions set forth in this Act, an
7applicant with a certificate of eligibility is entitled to a
8monthly wage subsidy for each participant who was employed for
9a full calendar month by the applicant, provided that the
10following conditions are met:
11        (1) the participant was continuously employed under a
12    union contract or for a basic wage and benefits package;
13    and
14        (2) starting from the date of hire of the participant,
15    the applicant maintained or increased the total number of
16    full-time Illinois employees.
17    (b) The Department shall make monthly wage subsidy
18payments to qualified applicants with a certificate of
19eligibility who are in compliance with the requirements of the
20provisions of this Act.
21    (c) The Department shall issue a wage subsidy payment to
22the applicant for each participant who was continuously
23employed for an entire calendar month after the date on which
24the certificate is issued by the Department, and each month
25thereafter during the incentive period for as long as the

 

 

10200HB3215ham002- 11 -LRB102 13303 RLC 35076 a

1participant's employment with the applicant is continuously
2maintained and the Department determines the applicant is in
3compliance with the requirements of the provisions of this
4Act.
5    (d) The monetary amount of each monthly wage subsidy
6payment awarded to an applicant for each participant who was
7continuously employed for an entire calendar month shall
8equal:
9        (1) $1,250 for all applicants whose workplaces are
10    located in disproportionately impacted areas as defined in
11    Section 15; and
12        (2) $850 for all other applicants.
 
13    Section 40. Maximum amount of wage subsidies allowed. To
14the extent authorized by Section 35 of this Act, during the
15incentive period the Department shall limit the total monetary
16amount of wage subsidies awarded under this Act to no more than
17$1,500,000,000. If applications for a greater amount are
18received, wage subsidies shall be allowed on a
19first-come-first-served basis, based on the date on which each
20properly completed application for a certificate of
21eligibility is received by the Department. If more than one
22certificate of eligibility is received on the same day, the
23wage subsidies will be awarded based on the time of submission
24for that particular day.
 

 

 

10200HB3215ham002- 12 -LRB102 13303 RLC 35076 a

1    Section 45. Noncompliance.
2    (a) If the Director determines that an applicant who has
3received a wage subsidy under this Act is not complying with
4the requirements of the provisions of this Act, the Director
5shall provide notice to the applicant of the alleged
6noncompliance, and allow the applicant a hearing under the
7provisions of the Illinois Administrative Procedure Act.
8    (b) If, after such notice and any hearing, the Director
9determines that noncompliance exists, the Director shall issue
10notice to the applicant to that effect stating the
11noncompliance date.
 
12    Section 50. Awareness promotion of the pilot program. From
13January 1, 2023 through the end of the incentive period, the
14Department of Corrections shall implement procedures to
15promote awareness and participation in the Securing All
16Futures through Equitable Reinvestment in Communities Pilot
17Program among re-entering persons, including but not limited
18to the following:
19    (1) the Department of Corrections shall ensure that the
20wardens or superintendents of all correctional institutions
21and facilities visibly post information about the availability
22and registration process for the Securing All Futures through
23Equitable Reinvestment in Communities Pilot Program in all
24common areas of their respective institutions, and shall
25broadcast the same via in-house institutional information

 

 

10200HB3215ham002- 13 -LRB102 13303 RLC 35076 a

1television channels. The Department of Corrections shall
2ensure that updated information is distributed in a timely,
3visible, and accessible manner;
4    (2) the Department of Corrections shall ensure that upon
5release as a committed person on parole, mandatory supervised
6release, aftercare release, final discharge, or pardon, a
7re-entering individual shall be provided with written
8information about the availability and registration process
9for the Securing All Futures through Equitable Reinvestment in
10Communities Pilot Program;
11    (3) the Department of Corrections shall provide direction
12to each parole office within this State, information about the
13availability and registration process for the Securing All
14Futures through Equitable Reinvestment in Communities Pilot
15Program is posted in a visible and accessible manner; and
16    (4) the Department of Corrections shall distribute written
17information about the availability and registration process
18for the Securing All Futures through Equitable Reinvestment in
19Communities Pilot Program to the Community Support Advisory
20Councils of the Department of Corrections for use in re-entry
21programs across this State.
 
22    Section 55. Subject to appropriations.     The Securing
23All Futures through Equitable Reinvestment in Communities
24Pilot Program described in this Act is subject to
25appropriations to the Department. The Department may use State

 

 

10200HB3215ham002- 14 -LRB102 13303 RLC 35076 a

1or federal funding to administer the program.
 
2    Section 60. Rulemaking authority.
3    (a) The Department may adopt rules necessary to implement
4this Act. The rules may provide for recipients of wage
5subsidies under this Act to be charged fees to cover
6administrative costs of the Securing All Futures through
7Equitable Reinvestment in Communities Pilot Program. Any
8administrative rules necessary to implement this Act shall be
9filed by the Department within 6 months following the
10effective date of this Act.
11    (b) The Department of Corrections shall adopt rules to
12carry out this Act within 6 months after the effective date of
13this Act.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".