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Illinois House Bill HB3418

Illinois 2023-2024 Regular Session

Illinois House Bill HB3418 Compare Versions

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1-HB3418 EngrossedLRB103 29223 SPS 55610 b HB3418 Engrossed LRB103 29223 SPS 55610 b
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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3418 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index Creates the Securing All Futures through Equitable Reinvestment (SAFER) Communities and Small Business Act. Requires the Department of Human Services to establish and administer a SAFER Communities Wage Subsidy Pilot Program. Provides that the wage subsidy shall apply to no more than 6,000 participants. Requires the Department to maintain a database of all participants for the duration of the incentive period. Provides that individuals seeking to participate in the pilot program shall register with the Department on or after January 1, 2024. Requires the Department to verify individuals' eligibility to participate in the pilot program by checking their employment and felony conviction history. Contains provisions concerning certificates of eligibility for wage subsidies under the pilot program; the monetary amount of monthly wage subsidy payments awarded under the pilot program; certain conditions program participants must satisfy to receive monthly wage subsidy payments; the maximum amount of wage subsidies allowed under the pilot program; promotion efforts for the pilot program conducted by the Department of Corrections; and other matters. Requires the Department to establish a Returning Citizen and Small Business Grant Program. Sets forth requirements a small business must meet to be eligible for a grant under the program. Provides that an eligible small business shall be awarded grants in the amount of $2,500 per new qualifying returning citizen hired. Limits the total annual amount in grants an eligible small business may receive under the grant program. Contains provisions concerning data collection and reporting requirements for the Secretary of Human Services. Provides that implementation of the Act is subject to appropriation. Permits the Department of Human Services to use State or federal funding to administer the SAFER Communities Wage Subsidy Pilot Program and the Returning Citizen and Small Business Grant Program. Grants rulemaking authority to the Department of Human Services and the Department of Corrections. Provides that the Act is repealed on December 31, 2029. Effective immediately. LRB103 29223 SPS 55610 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3418 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index See Index Creates the Securing All Futures through Equitable Reinvestment (SAFER) Communities and Small Business Act. Requires the Department of Human Services to establish and administer a SAFER Communities Wage Subsidy Pilot Program. Provides that the wage subsidy shall apply to no more than 6,000 participants. Requires the Department to maintain a database of all participants for the duration of the incentive period. Provides that individuals seeking to participate in the pilot program shall register with the Department on or after January 1, 2024. Requires the Department to verify individuals' eligibility to participate in the pilot program by checking their employment and felony conviction history. Contains provisions concerning certificates of eligibility for wage subsidies under the pilot program; the monetary amount of monthly wage subsidy payments awarded under the pilot program; certain conditions program participants must satisfy to receive monthly wage subsidy payments; the maximum amount of wage subsidies allowed under the pilot program; promotion efforts for the pilot program conducted by the Department of Corrections; and other matters. Requires the Department to establish a Returning Citizen and Small Business Grant Program. Sets forth requirements a small business must meet to be eligible for a grant under the program. Provides that an eligible small business shall be awarded grants in the amount of $2,500 per new qualifying returning citizen hired. Limits the total annual amount in grants an eligible small business may receive under the grant program. Contains provisions concerning data collection and reporting requirements for the Secretary of Human Services. Provides that implementation of the Act is subject to appropriation. Permits the Department of Human Services to use State or federal funding to administer the SAFER Communities Wage Subsidy Pilot Program and the Returning Citizen and Small Business Grant Program. Grants rulemaking authority to the Department of Human Services and the Department of Corrections. Provides that the Act is repealed on December 31, 2029. Effective immediately. LRB103 29223 SPS 55610 b LRB103 29223 SPS 55610 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3418 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Creates the Securing All Futures through Equitable Reinvestment (SAFER) Communities and Small Business Act. Requires the Department of Human Services to establish and administer a SAFER Communities Wage Subsidy Pilot Program. Provides that the wage subsidy shall apply to no more than 6,000 participants. Requires the Department to maintain a database of all participants for the duration of the incentive period. Provides that individuals seeking to participate in the pilot program shall register with the Department on or after January 1, 2024. Requires the Department to verify individuals' eligibility to participate in the pilot program by checking their employment and felony conviction history. Contains provisions concerning certificates of eligibility for wage subsidies under the pilot program; the monetary amount of monthly wage subsidy payments awarded under the pilot program; certain conditions program participants must satisfy to receive monthly wage subsidy payments; the maximum amount of wage subsidies allowed under the pilot program; promotion efforts for the pilot program conducted by the Department of Corrections; and other matters. Requires the Department to establish a Returning Citizen and Small Business Grant Program. Sets forth requirements a small business must meet to be eligible for a grant under the program. Provides that an eligible small business shall be awarded grants in the amount of $2,500 per new qualifying returning citizen hired. Limits the total annual amount in grants an eligible small business may receive under the grant program. Contains provisions concerning data collection and reporting requirements for the Secretary of Human Services. Provides that implementation of the Act is subject to appropriation. Permits the Department of Human Services to use State or federal funding to administer the SAFER Communities Wage Subsidy Pilot Program and the Returning Citizen and Small Business Grant Program. Grants rulemaking authority to the Department of Human Services and the Department of Corrections. Provides that the Act is repealed on December 31, 2029. Effective immediately.
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8+A BILL FOR
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311 1 AN ACT concerning employment.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 1. Short title. This Act may be cited as the
715 5 Securing All Futures through Equitable Reinvestment (SAFER)
8-6 Communities Act.
16+6 Communities and Small Business Act.
917 7 Section 5. Intent. To reverse the trend of high
1018 8 unemployment among formerly incarcerated individuals and to
1119 9 spur the economic recovery of small businesses in Illinois, it
1220 10 is necessary to provide financial incentives for employers to
1321 11 create new, full-time jobs for individuals with felony
1422 12 conviction records.
1523 13 The intent of this Act is to facilitate the re-entry into
1624 14 society of formerly incarcerated individuals and to create
17-15 financial incentives for employers that hire formerly
18-16 incarcerated individuals.
19-17 Section 10. Definitions. As used in this Act:
20-18 "Average wage" means the average annual wage paid to
21-19 individuals who are employed in the same occupation as the
22-20 participant in the metropolitan or nonmetropolitan statistical
23-21 area where the participant's primary job site is located.
24-22 "Average annual wage" shall be determined by the Department
25+15 financial incentives, in the form of wage subsidies and small
26+16 business grants, for employers to hire formerly incarcerated
27+17 individuals.
28+18 Section 10. Definitions. As used in this Act:
29+19 "Applicant" means a person who is operating either: (i) a
30+20 not-for-profit organization that is tax-exempt under Section
31+21 501(c)(3) of the Internal Revenue Code; or (ii) a business
32+22 engaged in interstate or intrastate commerce, located within
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33-1 using the most recent data published by the Bureau of Labor
34-2 Statistics of the United States Department of Labor in its
35-3 Occupational Outlook Handbook, or any similar Bureau of Labor
36-4 Statistics publication, as of the effective date of the
37-5 agreement for wage reimbursement under this Act.
38-6 "Barrier reduction funding" has the meaning given to that
39-7 term in Section 605-415 of the Department of Commerce and
40-8 Economic Opportunity Law of the Civil Administrative Code of
41-9 Illinois.
42-10 "Date of hire" means the first date on which a participant
43-11 begins working for an employer as a full-time employee.
44-12 "Department" means the Department of Commerce and Economic
45-13 Opportunity.
46-14 "Director" means the Director of Commerce and Economic
47-15 Opportunity.
48-16 "Disproportionately impacted area" means a census tract
49-17 that is located in an R3 Area designated by the Restore,
50-18 Reinvest, and Renew Program Board in accordance with Section
51-19 10-40 of the Cannabis Regulation and Tax Act.
52-20 "Employer" means an Illinois taxpayer that has an
53-21 agreement with a Navigator to (i) hire at least one
54-22 participant as a full-time employee and (ii) provide the
55-23 employee with the knowledge or skills essential to the full
56-24 and adequate performance of the job.
57-25 "Full-time employee" means an individual who is employed
58-26 for at least 30 hours each week in (i) a position that is
36+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3418 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
37+See Index See Index
38+See Index
39+Creates the Securing All Futures through Equitable Reinvestment (SAFER) Communities and Small Business Act. Requires the Department of Human Services to establish and administer a SAFER Communities Wage Subsidy Pilot Program. Provides that the wage subsidy shall apply to no more than 6,000 participants. Requires the Department to maintain a database of all participants for the duration of the incentive period. Provides that individuals seeking to participate in the pilot program shall register with the Department on or after January 1, 2024. Requires the Department to verify individuals' eligibility to participate in the pilot program by checking their employment and felony conviction history. Contains provisions concerning certificates of eligibility for wage subsidies under the pilot program; the monetary amount of monthly wage subsidy payments awarded under the pilot program; certain conditions program participants must satisfy to receive monthly wage subsidy payments; the maximum amount of wage subsidies allowed under the pilot program; promotion efforts for the pilot program conducted by the Department of Corrections; and other matters. Requires the Department to establish a Returning Citizen and Small Business Grant Program. Sets forth requirements a small business must meet to be eligible for a grant under the program. Provides that an eligible small business shall be awarded grants in the amount of $2,500 per new qualifying returning citizen hired. Limits the total annual amount in grants an eligible small business may receive under the grant program. Contains provisions concerning data collection and reporting requirements for the Secretary of Human Services. Provides that implementation of the Act is subject to appropriation. Permits the Department of Human Services to use State or federal funding to administer the SAFER Communities Wage Subsidy Pilot Program and the Returning Citizen and Small Business Grant Program. Grants rulemaking authority to the Department of Human Services and the Department of Corrections. Provides that the Act is repealed on December 31, 2029. Effective immediately.
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42+A BILL FOR
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48+See Index
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69-1 covered by a collective bargaining agreement between the union
70-2 and an employer or (ii) a position for which the individual
71-3 receives a wage that meets or exceeds the average wage for that
72-4 occupation.
73-5 "Navigator" means any one or more of the following
74-6 entities that has demonstrated expertise and effectiveness in
75-7 administering workforce development programs for formerly
76-8 incarcerated participants and is certified by the Department
77-9 as a Navigator: a private nonprofit or not-for-profit
78-10 organization, an industry association, an administrative
79-11 entity under the federal Workforce Innovation and Opportunity
80-12 Act, a community action agency, or a public or private
81-13 educational institution.
82-14 "Participant" means an individual who:
83-15 (1) is an Illinois resident;
84-16 (2) was an unemployed or underemployed individual
85-17 immediately before being hired by the employer;
86-18 (3) served a sentence of incarceration in a State or
87-19 federal prison that (i) ends not more than 10 years before
88-20 the date the employee is accepted by a Navigator to
89-21 participate in the program and (ii) ends or is expected to
90-22 end no later than 12 months after the employee is accepted
91-23 by a Navigator to participate in the program; and
92-24 (4) has been accepted by a Navigator to participate in
93-25 the program.
94-26 "Program" means the Securing All Futures through Equitable
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105-1 Reinvestment (SAFER) Communities Wage Reimbursement Pilot
106-2 Program created in this Act.
107-3 "Underemployed individual" means an individual who:
108-4 (1) works part-time but desires full-time employment;
109-5 (2) works for wages not commensurate with the
110-6 individual's demonstrated level of educational or skill
111-7 achievement; or
112-8 (3) is employed and is eligible for assistance under
113-9 Section 6 of the Energy Assistance Act.
114-10 "Unemployed individual" means an individual who is without
115-11 a job and who wants and is available for work. The
116-12 determination of whether an individual is without a job, for
117-13 purposes of this definition, shall be made in accordance with
118-14 the criteria used by the Bureau of Labor Statistics of the
119-15 United States Department of Labor or as required by the
120-16 relevant funding source and set forth in the Notice of Funding
121-17 Opportunities.
122-18 "Wage reimbursement" means the amount awarded by the
123-19 Department to a Navigator to compensate the employer for the
124-20 employer's costs of employment for each participant hired by
125-21 the employer.
126-22 Section 15. Powers of the Department. The Department is
127-23 granted and shall have all the powers necessary or convenient
128-24 to carry out the purposes and provisions of this Act,
129-25 including, but not limited to, the power and authority to:
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67+1 the State that hires a participant for a position under a union
68+2 contract or for a position that offers a basic wage and
69+3 benefits package as compensation. In the case of any person
70+4 that is a member of a unitary business group as defined in
71+5 paragraph (27) of subsection (a) of Section 1501 of the
72+6 Illinois Income Tax Act, "applicant" refers to the unitary
73+7 business group.
74+8 "Basic wage" means a minimum of 133% of the local hourly
75+9 minimum wage.
76+10 "Benefits package" means the benefits outside of the
77+11 employee's basic wage including:
78+12 (1) a minimum of 5 days of earned sick time; and
79+13 (2) a minimum of 5 days of paid vacation.
80+14 "Certificate of eligibility" means the certificate issued
81+15 by the Department under Section 25.
82+16 "Date of hire" means the first day upon which the
83+17 participant provides services as an employee of the applicant
84+18 under a union contract or for a basic wage and benefits package
85+19 as compensation.
86+20 "Department" means the Department of Human Services.
87+21 "Disproportionately impacted area" means a census tract or
88+22 comparable geographic area that has high rates of arrest,
89+23 conviction, and incarceration among residents, as determined
90+24 by the Department of Commerce and Economic Opportunity.
91+25 "Full-time employee" means an individual who has a
92+26 position under a union contract or is employed for a basic wage
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140-1 (1) adopt rules that are necessary and appropriate for
141-2 the administration of this Act;
142-3 (2) establish forms for applications, notifications,
143-4 contracts, or any other agreements needed to implement
144-5 this Act;
145-6 (3) accept applications for the program under this Act
146-7 at any time during the year and require that the
147-8 applications be submitted through the Internet or by any
148-9 other electronic means;
149-10 (4) provide guidance and assistance to Navigators for
150-11 the purpose of carrying out this Act and cooperate with
151-12 Navigators to promote, foster, and support job creation in
152-13 the State;
153-14 (5) enter into agreements and memoranda of
154-15 understanding with agencies of the federal government,
155-16 units of local government, universities, research
156-17 foundations or institutions, regional economic development
157-18 corporations, not-for-profit organizations, or other
158-19 organizations for the purpose of administering this Act;
159-20 (6) gather information about Navigators for the
160-21 purpose of making any designations or certifications in
161-22 furtherance of the purposes of this Act;
162-23 (7) provide for sufficient personnel to adequately
163-24 discharge the Department's duties and responsibilities
164-25 described in this Act from any funds appropriated by the
165-26 General Assembly for the administration of this Act; and
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103+1 for at least 30 hours each week and receives a benefits package
104+2 as compensation.
105+3 "Incentive period" means the period beginning on March 1,
106+4 2024 and ending on February 29, 2029.
107+5 "Noncompliance date" means, in the case of an applicant
108+6 that is not complying with the requirements of this Act, the
109+7 date upon which the applicant became noncompliant with the
110+8 requirements of this Act, as determined by the Secretary under
111+9 Section 40.
112+10 "Participant" means a full-time employee who:
113+11 (1) was unemployed or making less than the basic wage
114+12 before being hired by an applicant;
115+13 (2) was convicted of a felony crime in Illinois;
116+14 (3) is registered for the SAFER Communities Wage
117+15 Subsidy Pilot Program described in Section 20; and
118+16 (4) is subsequently hired during the incentive period
119+17 by an applicant for a position under union contract or for
120+18 a position that offers a basic wage and benefits package
121+19 as compensation.
122+20 "Participant" does not include a person who was employed
123+21 prior to the onset of the incentive period as a full-time
124+22 employee by the applicant or a related member of the applicant
125+23 that has more than 15 total employees.
126+24 "Qualifying returning citizen" means an Illinois resident
127+25 who has been incarcerated within 10 years prior to the date
128+26 that a Returning Citizen and Small Business Grant, described
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176-1 (8) require Navigators, upon written request, to issue
177-2 any necessary authorization to the appropriate federal,
178-3 State, or local authority or any other person for the
179-4 release to the Department of information requested by the
180-5 Department, including, but not limited to, financial
181-6 reports, returns, or records relating to the Navigators or
182-7 to the amount of the wage reimbursement allowable under
183-8 this Act.
184-9 Section 20. SAFER Communities Wage Reimbursement Pilot
185-10 Program.
186-11 (a) The Department shall, subject to appropriation, create
187-12 a program to award grants to Navigators for the purposes
188-13 described in this Section.
189-14 (b) The Department shall award grants to Navigators for
190-15 the following purposes:
191-16 (1) providing wage reimbursements to employers that
192-17 hire participants, as provided in Sections 25 and 30;
193-18 (2) collaborating with employers to support
194-19 participants who require on-the-job experience to gain job
195-20 skills, develop a work history, and begin a network for
196-21 entering the workforce; and
197-22 (3) providing barrier reduction funding, including,
198-23 but not limited to, transportation, housing, childcare,
199-24 and technology services to participants, as needed.
200-25 (c) The Department may also award grants for the following
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139+1 in Section 60, is awarded.
140+2 "Re-entering person" means an individual who is in the
141+3 physical custody of the Department of Corrections and is
142+4 scheduled to be released from custody within 12 months.
143+5 "Secretary" means the Secretary of Human Services.
144+6 "Small business" means a business located within this
145+7 State that:
146+8 (1) is engaged in interstate or intrastate commerce;
147+9 and
148+10 (2) employs 100 or fewer employees.
149+11 "Wage subsidy" means the amount awarded by the Department
150+12 to an applicant by issuance of a certificate under Section 30
151+13 for each participant hired.
152+14 Section 15. Powers of the Department. The Department is
153+15 granted and shall have all the powers necessary or convenient
154+16 to carry out and effectuate the purposes and provisions of
155+17 this Act, including, but not limited to, the power and
156+18 authority to:
157+19 (1) Adopt rules or procedures deemed necessary and
158+20 appropriate for the administration of this Act; establish
159+21 forms for applications, notifications, contracts, or any
160+22 other agreements; and accept applications at any time
161+23 during the year and require that all applications be
162+24 submitted via the Internet. The Department shall require
163+25 that applications be submitted in electronic form.
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211-1 purposes to Navigators who are eligible to receive grants
212-2 under subsection (b):
213-3 (1) establishing retention coaching programs that
214-4 support worker retention by continuing the services
215-5 described in subparagraph (3) of subsection (b) for one
216-6 year after job placement, as needed; and
217-7 (2) supporting participants who aspire to participate
218-8 in additional workforce development, training, and
219-9 technical skills programs and opportunities.
220-10 (d) Navigators shall use the Department's system of record
221-11 to maintain a record of all participants who are eligible for
222-12 the Program. Navigators shall verify each applicant's
223-13 employment and conviction history to determine whether the
224-14 applicant is eligible for participation in the program.
225-15 Navigators shall notify applicants by email of the denial or
226-16 approval of the application. Navigators may also send a
227-17 physical copy of the denial or approval by first-class mail if
228-18 the application indicates that email is not the applicant's
229-19 preferred method of communication. Each denial letter issued
230-20 under this subsection shall state the reason why the
231-21 individual's application is being denied. Navigators shall
232-22 submit to the Department a record of each applicant's denial
233-23 or approval. Navigators shall email qualified participants an
234-24 electronic certification of eligibility with details about the
235-25 wage subsidy program, which the participant may present to a
236-26 prospective employer. The Navigator may also send a physical
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174+1 (2) Provide guidance and assistance to an applicant in
175+2 accordance with this Act, and cooperate with applicants to
176+3 promote, foster, and support job creation within the
177+4 State.
178+5 (3) Enter into agreements and memoranda of
179+6 understanding with agencies of the federal government,
180+7 units of local government, universities, research
181+8 foundations or institutions, regional economic development
182+9 corporations, or other organizations for the purposes of
183+10 this Act.
184+11 (4) Gather information with respect to applicants for
185+12 the purpose of making any designations or certifications
186+13 in furtherance of the purposes of this Act.
187+14 (5) Provide for sufficient personnel to adequately
188+15 discharge its duties and responsibilities described in
189+16 this Act from any funds appropriated by the General
190+17 Assembly for the administration of this Act.
191+18 (6) Require applicants, upon written request, to issue
192+19 any necessary authorization to the appropriate federal,
193+20 State, or local authority or any other person for the
194+21 release to the Department of information requested by the
195+22 Department, with the information requested to include, but
196+23 not limited to, financial reports, returns, or records
197+24 relating to the applicant or to the amount of the wage
198+25 subsidy allowable under this Act.
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247-1 copy of the certification by first class mail if the
248-2 application indicates that email is not the applicant's
249-3 preferred method of communication.
250-4 Section 25. Eligibility and reporting.
251-5 (a) The Navigator shall enter into an agreement with the
252-6 employer of an eligible participant to establish the general
253-7 terms and conditions of wage reimbursements with respect to
254-8 that participant. At a minimum, the agreement shall include:
255-9 (1) the participant's name, social security number or
256-10 individual taxpayer identification number, job
257-11 description, and salary;
258-12 (2) the physical address of the workplace at which the
259-13 participant is based;
260-14 (3) the negotiated reimbursement rate for the wage the
261-15 Navigator would receive under this Act with respect to the
262-16 participant listed on the application; and
263-17 (4) any other information required by the Department.
264-18 (b) Wage reimbursements provided to employers must not
265-19 directly or indirectly assist, promote, or deter union
266-20 organizing.
267-21 (c) Navigators shall submit monthly reports in the form
268-22 and manner required by the Department that include the
269-23 employment status of each participant.
270-24 Section 30. Wage reimbursement.
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209+1 Section 20. SAFER Communities Wage Subsidy Pilot Program.
210+2 (a) The Department shall establish and administer a SAFER
211+3 Communities Wage Subsidy Pilot Program. Within each calendar
212+4 year of the incentive period, the wage subsidy shall apply to
213+5 no more than 6,000 participants. A maximum of 3,000
214+6 participants per calendar year shall be participants who have
215+7 been released from the custody of any correctional facility in
216+8 the State within one year of the date of registration for the
217+9 pilot program. A maximum of 3,000 participants per calendar
218+10 year shall be participants who have been released from the
219+11 custody of any correctional facility in the State within a
220+12 period of not more than 10 years and not less than one year
221+13 from the date of registration for the pilot program.
222+14 (b) The Department shall maintain a database of all
223+15 participants for the duration of the incentive period.
224+16 (1) Individuals seeking to participate in the pilot
225+17 program shall register with the Department on or after
226+18 January 1, 2024.
227+19 (2) The Department shall verify individuals'
228+20 eligibility to participate in the pilot program by
229+21 checking their employment and felony conviction history.
230+22 (3) The Department shall mail a letter containing a
231+23 denial or confirmation of the individual's eligibility to
232+24 participate in the pilot program to the primary address of
233+25 the individual. The Department shall also send an email
234+26 with an electronic version of the letter attached to the
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281-1 (a) An employer may enter into a wage reimbursement
282-2 agreement under Section 25 for each participant who is
283-3 employed by the employer as a full-time employee for a full
284-4 calendar month as of the date the agreement is entered into,
285-5 provided that the following conditions are met:
286-6 (1) the participant shall be provided benefits and
287-7 working conditions at the same level and to the same
288-8 extent as other employees who have been employed by the
289-9 employer for a similar length of time and do the same type
290-10 of work as the participant;
291-11 (2) starting from the date of hire of the participant,
292-12 the employer shall maintain or increase its total number
293-13 of full-time Illinois employees; and
294-14 (3) the employer shall pay the participant a wage
295-15 that, when annualized, meets or exceeds the average wage
296-16 paid by the employer to other employees who have been
297-17 employed by the employer for a similar length of time and
298-18 do the same type of work as the participant.
299-19 (b) The wage reimbursement received by an employer shall
300-20 be 50% of the wages earned by each participant as a result of
301-21 his or her employment with the employer. However, if the
302-22 participant's primary job site is located in a
303-23 disproportionately impacted area, then the wage reimbursement
304-24 shall be 75% of the wages earned by that participant. No
305-25 employer shall receive a wage reimbursement for a particular
306-26 participant for more than 12 consecutive months.
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244+ HB3418 - 7 - LRB103 29223 SPS 55610 b
245+1 primary email address of the individual.
246+2 (A) The denial letter shall state the reason why
247+3 the individual is being denied.
248+4 (B) The confirmation letter shall state the
249+5 identifying number assigned to the individual.
250+6 (C) The Department shall maintain a record of the
251+7 participants and the corresponding applicant.
252+8 Section 25. Certificate of eligibility for wage subsidy.
253+9 (a) An applicant that hires a participant as a full-time
254+10 employee during the incentive period may apply for a
255+11 certificate of eligibility for the wage subsidy on or after
256+12 the date of hire.
257+13 (b) An applicant may apply for a certificate of
258+14 eligibility for the wage subsidy for more than one participant
259+15 on or after the date of hire of each qualifying participant.
260+16 The application shall include the following:
261+17 (1) the name, Social Security number or Individual
262+18 Taxpayer Identification number, job description, salary or
263+19 wage rate, and date of hire of each participant with
264+20 respect to whom the wage subsidy is being requested, and
265+21 whether each participant is registered in the pilot
266+22 program described in Section 20;
267+23 (2) the number of participants hired by the applicant
268+24 during the incentive period;
269+25 (3) an agreement that the Secretary is authorized to
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317-1 Section 35. Data collection and reporting. For years in
318-2 which it receives an appropriation for purposes of this Act,
319-3 the Department shall make publicly available an annual report
320-4 on the use, outcomes, and impact of the program described in
321-5 this Act, including, but not limited to, the total number of
322-6 participants hired under the program, disaggregated by
323-7 categories of race, age, gender, hourly wage, length of job
324-8 retention, recidivism status, job location by region, and
325-9 employment industry.
326-10 Section 40. Awareness promotion of the pilot program. The
327-11 Department of Corrections shall implement procedures to
328-12 promote awareness and participation in the program among
329-13 eligible persons, including, but not limited to, the
330-14 following:
331-15 (1) The Department of Corrections shall ensure that
332-16 the wardens or superintendents of all correctional
333-17 institutions and facilities visibly post information about
334-18 the availability and registration process for the program
335-19 in all common areas of their respective institutions, and
336-20 shall broadcast the same via in-house institutional
337-21 information television channels. The Department of
338-22 Corrections shall ensure that updated information is
339-23 distributed in a timely, visible, and accessible manner.
340-24 (2) The Department of Corrections shall ensure that
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280+1 verify with the appropriate State agencies the information
281+2 contained in the request before issuing a certificate to
282+3 the applicant;
283+4 (4) the physical address of the workplace to which the
284+5 participant reports for work; and
285+6 (5) any other information the Department determines to
286+7 be appropriate.
287+8 (c) After receipt of an application and approval of
288+9 eligibility under this Section, the Department shall issue a
289+10 certificate of eligibility to all qualified applicants,
290+11 stating:
291+12 (1) the date and time on which the application was
292+13 received by the Department and an identifying number
293+14 assigned to the applicant by the Department; and
294+15 (2) the monthly amount of wage subsidy the applicant
295+16 would receive under this Act with respect to the new
296+17 employees listed on the application.
297+18 (d) After the initial certificate of eligibility is
298+19 issued, the applicant must submit a monthly report of
299+20 employment of all participants to the Department. The
300+21 Department shall review the report on a monthly basis and
301+22 determine the applicant's eligibility for a monthly wage
302+23 subsidy under this Act.
303+24 (e) Each applicant shall, on a monthly basis starting from
304+25 receipt of the certificate of eligibility for the wage
305+26 subsidy, submit a year-to-date report of the employment of
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351-1 each incarcerated individual, upon release as a committed
352-2 person on parole, mandatory supervised release, aftercare
353-3 release, final discharge, or pardon, shall be provided
354-4 with written information about the availability and
355-5 registration process for the program.
356-6 (3) The Department of Corrections shall provide to
357-7 each parole office in this State information about the
358-8 availability and application process for the program,
359-9 which shall be posted in a visible and accessible manner.
360-10 (4) The Department of Corrections shall distribute
361-11 written information about the availability and application
362-12 process for the program to the Community Support Advisory
363-13 Councils of the Department of Corrections for use in
364-14 re-entry programs across this State.
365-15 Section 45. Funding. Implementation of this Act is subject
366-16 to appropriation.
367-17 Section 50. Rulemaking authority. Upon an appropriation
368-18 for the Program, the Department may adopt rules that are
369-19 necessary to implement and administer this Act.
370-20 Section 55. Repeal. This Act is repealed on December 31,
371-21 2029.
372-22 Section 895. The Illinois Administrative Procedure Act is
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315+ HB3418 - 9 - LRB103 29223 SPS 55610 b
316+1 participants to remain in good standing to receive the wage
317+2 subsidy.
318+3 (f) The reports shall be submitted in the form and manner
319+4 required by the Department.
320+5 Section 30. Wage subsidy.
321+6 (a) Subject to the conditions set forth in this Act, an
322+7 applicant with a certificate of eligibility is entitled to a
323+8 monthly wage subsidy for each participant that was employed
324+9 for a full calendar month by the applicant if the following
325+10 conditions are met:
326+11 (1) the participant was continuously employed under a
327+12 union contract or for a basic wage and benefits package;
328+13 and
329+14 (2) starting from the date of hire of the participant,
330+15 the applicant maintained or increased the total number of
331+16 full-time Illinois employees.
332+17 (b) The Department shall make monthly wage subsidy
333+18 payments to qualified applicants with a certificate of
334+19 eligibility that are in compliance with the requirements of
335+20 this Act.
336+21 (c) The Department shall issue a wage subsidy payment to
337+22 the applicant for each participant that was continuously
338+23 employed for an entire calendar month after the date on which
339+24 the certificate is issued by the Department, and each month
340+25 thereafter for a maximum of 12 months during the incentive
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383-1 amended by adding Section 5-45.35 as follows:
384-2 (5 ILCS 100/5-45.35 new)
385-3 Sec. 5-45.35. Emergency rulemaking; Securing All Futures
386-4 through Equitable Reinvestment (SAFER) Communities Act. To
387-5 provide for the expeditious and timely implementation of the
388-6 Securing All Futures through Equitable Reinvestment (SAFER)
389-7 Communities Act, emergency rules implementing that Act may be
390-8 adopted in accordance with Section 5-45 by the Department of
391-9 Commerce and Economic Opportunity. The adoption of emergency
392-10 rules authorized by Section 5-45 and this Section is deemed to
393-11 be necessary for the public interest, safety, and welfare.
394-12 This Section is repealed one year after the effective date
395-13 of this amendatory Act of the 103rd General Assembly.
396-14 Section 900. The Illinois Income Tax Act is amended by
397-15 changing Section 216 and by adding Section 216.1 as follows:
398-16 (35 ILCS 5/216)
399-17 Sec. 216. Credit for wages paid to ex-felons.
400-18 (a) For each taxable year beginning on or after January 1,
401-19 2007 and before January 1, 2024, each taxpayer is entitled to a
402-20 credit against the tax imposed by subsections (a) and (b) of
403-21 Section 201 of this Act in an amount equal to 5% of qualified
404-22 wages paid by the taxpayer during the taxable year to one or
405-23 more Illinois residents who are qualified ex-offenders. The
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350+ HB3418 - 10 - LRB103 29223 SPS 55610 b
351+1 period, as long as the participant's employment with the
352+2 applicant is continuously maintained and the Department
353+3 determines the applicant is in compliance with the
354+4 requirements of this Act.
355+5 (d) The monetary amount of each monthly wage subsidy
356+6 payment awarded to an applicant for each participant who was
357+7 continuously employed for an entire calendar month shall
358+8 equal:
359+9 (1) $1,250 for all applicants whose workplaces are
360+10 located in disproportionately impacted areas; and
361+11 (2) $850 for all other applicants.
362+12 Section 35. Maximum amount of wage subsidies allowed. To
363+13 the extent authorized under Section 30, during the incentive
364+14 period the Department shall limit the total annual amount of
365+15 wage subsidies awarded under this Act to no more than
366+16 $50,000,000. If applications for a greater amount are
367+17 received, wage subsidies shall be allowed on a first come,
368+18 first served basis, based on the date on which each properly
369+19 completed application for a certificate of eligibility is
370+20 received by the Department. If more than one certificate of
371+21 eligibility is received on the same day, the wage subsidies
372+22 shall be awarded based on the time of submission for that
373+23 particular day.
374+24 Section 40. Noncompliance.
406375
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416-1 total credit allowed to a taxpayer with respect to each
417-2 qualified ex-offender may not exceed $1,500 for all taxable
418-3 years. For partners, shareholders of Subchapter S
419-4 corporations, and owners of limited liability companies, if
420-5 the liability company is treated as a partnership for purposes
421-6 of federal and State income taxation, there shall be allowed a
422-7 credit under this Section to be determined in accordance with
423-8 the determination of income and distributive share of income
424-9 under Sections 702 and 704 and Subchapter S of the Internal
425-10 Revenue Code.
426-11 (b) For purposes of this Section, "qualified wages":
427-12 (1) includes only wages that are subject to federal
428-13 unemployment tax under Section 3306 of the Internal
429-14 Revenue Code, without regard to any dollar limitation
430-15 contained in that Section;
431-16 (2) does not include any amounts paid or incurred by
432-17 an employer for any period to any qualified ex-offender
433-18 for whom the employer receives federally funded payments
434-19 for on-the-job training of that qualified ex-offender for
435-20 that period; and
436-21 (3) includes only wages attributable to service
437-22 rendered during the one-year period beginning with the day
438-23 the qualified ex-offender begins work for the employer.
439-24 If the taxpayer has received any payment from a program
440-25 established under Section 482(e)(1) of the federal Social
441-26 Security Act with respect to a qualified ex-offender, then,
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384+ HB3418 - 11 - LRB103 29223 SPS 55610 b
385+1 (a) If the Secretary determines that an applicant that has
386+2 received a wage subsidy under this Act is not complying with
387+3 the requirements of this Act, the Secretary shall provide
388+4 notice to the applicant of the alleged noncompliance, and
389+5 allow the applicant a hearing under the Illinois
390+6 Administrative Procedure Act.
391+7 (b) If, after such notice and any hearing, the Secretary
392+8 determines that noncompliance exists, the Secretary shall
393+9 issue a notice to the applicant to that effect stating the
394+10 noncompliance date.
395+11 Section 45. Awareness promotion of the pilot program. From
396+12 January 1, 2024 through the end of the incentive period, the
397+13 Department of Corrections shall implement procedures to
398+14 promote awareness and participation in the SAFER Communities
399+15 Wage Subsidy Pilot Program among re-entering persons,
400+16 including, but not limited to, the following:
401+17 (1) The Department of Corrections shall ensure that
402+18 the wardens or superintendents of all correctional
403+19 institutions and facilities visibly post information about
404+20 the availability and registration process for the SAFER
405+21 Communities Wage Subsidy Pilot Program in all common areas
406+22 of their respective institutions, and shall broadcast the
407+23 same via in-house institutional information television
408+24 channels. The Department of Corrections shall ensure that
409+25 updated information is distributed in a timely, visible,
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452-1 for purposes of calculating the credit under this Section, the
453-2 amount of the qualified wages paid to that qualified
454-3 ex-offender must be reduced by the amount of the payment.
455-4 (c) For purposes of this Section, "qualified ex-offender"
456-5 means any person who:
457-6 (1) has been convicted of a crime in this State or of
458-7 an offense in any other jurisdiction, not including any
459-8 offense or attempted offense that would subject a person
460-9 to registration under the Sex Offender Registration Act;
461-10 (2) was sentenced to a period of incarceration in an
462-11 Illinois adult correctional center; and
463-12 (3) was hired by the taxpayer within 3 years after
464-13 being released from an Illinois adult correctional center.
465-14 (d) In no event shall a credit under this Section reduce
466-15 the taxpayer's liability to less than zero. If the amount of
467-16 the credit exceeds the tax liability for the year, the excess
468-17 may be carried forward and applied to the tax liability of the
469-18 5 taxable years following the excess credit year. The tax
470-19 credit shall be applied to the earliest year for which there is
471-20 a tax liability. If there are credits for more than one year
472-21 that are available to offset a liability, the earlier credit
473-22 shall be applied first.
474-23 (e) This Section is exempt from the provisions of Section
475-24 250.
476-25 (Source: P.A. 98-165, eff. 8-5-13.)
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419+ HB3418 - 12 - LRB103 29223 SPS 55610 b
420+1 and accessible manner.
421+2 (2) The Department of Corrections shall ensure that
422+3 upon release as a committed person on parole, mandatory
423+4 supervised release, aftercare release, final discharge, or
424+5 pardon, a re-entering person shall be provided with
425+6 written information about the availability and
426+7 registration process for the SAFER Communities Wage
427+8 Subsidy Pilot Program.
428+9 (3) The Department of Corrections shall provide
429+10 direction to each parole office within this State that
430+11 information about the availability and registration
431+12 process for the SAFER Communities Wage Subsidy Pilot
432+13 Program be posted in a visible and accessible manner.
433+14 (4) The Department of Corrections shall distribute
434+15 written information about the availability and
435+16 registration process for the SAFER Communities Wage
436+17 Subsidy Pilot Program to the Community Support Advisory
437+18 Councils of the Department of Corrections for use in
438+19 re-entry programs across this State.
439+20 Section 50. Returning Citizens and Small Business Grant
440+21 Program.
441+22 (a) The Department shall establish a Returning Citizen and
442+23 Small Business Grant Program.
443+24 (b) The Department shall provide grants to small
444+25 businesses that hire qualified returning citizens to offset
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487-1 (35 ILCS 5/216.1 new)
488-2 Sec. 216.1. Credit for wages paid to ex-offenders.
489-3 (a) In this Section:
490-4 "Qualified ex-offender" means any person who was hired by
491-5 the taxpayer within 10 years after being released from a
492-6 correctional center in the State.
493-7 "Qualified wages" includes only wages that are
494-8 attributable to service rendered during the one-year period
495-9 beginning with the day the qualified ex-offender begins work
496-10 for the employer and are subject to federal unemployment tax
497-11 under Section 3306 of the Internal Revenue Code, without
498-12 regard to any dollar limitation contained in that Section.
499-13 "Qualified wages" does not include any amounts paid or
500-14 incurred by an employer for any period to any qualified
501-15 ex-offender for whom the employer receives State-funded or
502-16 federally funded payments for on-the-job training of that
503-17 qualified ex-offender for that period. If the taxpayer has
504-18 received any payment from a program established under Section
505-19 482(e)(1) of the federal Social Security Act with respect to a
506-20 qualified ex-offender, then the amount of the qualified wages
507-21 paid to that qualified ex-offender must be reduced, for
508-22 purposes of calculating the credit under this Section, by the
509-23 amount of the payment.
510-24 (b) For each taxable year beginning on or after January 1,
511-25 2024, each taxpayer is entitled to a credit against the tax
512-26 imposed by subsections (a) and (b) of Section 201 of this Act
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455+1 the costs of paid, on-the-job training.
456+2 (c) To be eligible for grants issued under this Section, a
457+3 small business must:
458+4 (1) provide a certification indicating that it has
459+5 hired a qualified returning citizen as a full-time
460+6 employee;
461+7 (2) provide on-the-job training to that returning
462+8 citizen for at least 60 days; and
463+9 (3) paid the qualifying returning citizen at least a
464+10 basic wage.
465+11 (d) An eligible small business shall be awarded grants in
466+12 the amount of $2,500 per new qualifying returning citizen
467+13 hired.
468+14 (e) Eligible small businesses shall not be limited to one
469+15 grant.
470+16 (f) The Department shall limit the total annual amount of
471+17 small business grants to no more than $25,000,000. The
472+18 Department shall administer the issuance of grants under the
473+19 Program on a first come, first served basis.
474+20 Section 55. Data collection and reporting. In partnership
475+21 with the Illinois Sentencing Policy Advisory Council, the
476+22 Secretary shall make publicly available annual reports on the
477+23 utilization, outcomes, and impact of the SAFER Communities
478+24 Wage Subsidy Pilot Program and the Returning Citizen and Small
479+25 Business Grant Program described in this Act, including, but
513480
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523-1 in an amount equal to 10% of the qualified wages paid by the
524-2 taxpayer during the taxable year to one or more Illinois
525-3 residents who are qualified ex-offenders. For taxpayers
526-4 employing 100 or more employees on the last day of the taxable
527-5 year, the total credit allowed with respect to each qualified
528-6 ex-offender may not exceed $1,500 for all taxable years. For
529-7 taxpayers employing fewer than 100 employees on the last day
530-8 of the taxable year, the total credit allowed with respect to
531-9 each qualified ex-offender may not exceed $5,000 for all
532-10 taxable years.
533-11 (c) For partners and shareholders of Subchapter S
534-12 corporations, there shall be allowed a credit under this
535-13 Section to be determined in accordance with the determination
536-14 of income and distributive share of income under Sections 702
537-15 and 704 and Subchapter S of the Internal Revenue Code.
538-16 (d) In no event shall a credit under this Section reduce
539-17 the taxpayer's liability to less than zero. If the amount of
540-18 the credit exceeds the tax liability for the year, the excess
541-19 may be carried forward and applied to the tax liability of the
542-20 5 taxable years following the excess credit year. The tax
543-21 credit shall be applied to the earliest year for which there is
544-22 a tax liability. If there are credits for more than one year
545-23 that are available to offset a liability, the earlier credit
546-24 shall be applied first.
547-25 (e) This Section is exempt from the provisions of Section
548-26 250.
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489+ HB3418 - 14 - LRB103 29223 SPS 55610 b
490+1 not limited to:
491+2 (1) the total number of participants hired under each
492+3 program, disaggregated by categories of race, age, gender,
493+4 hourly wage, length of job retention, recidivism status,
494+5 job location by region, and employment industry; and
495+6 (2) the impact of each program on overall statewide
496+7 recidivism rates, individual rate of recidivism, and any
497+8 public savings or fiscal impact associated with reduced
498+9 recidivism rates on the State economy.
499+10 Section 60. Funding. Implementation of this Act is subject
500+11 to appropriation. The Department may use State or federal
501+12 funding to administer the SAFER Communities Wage Subsidy Pilot
502+13 Program and the Returning Citizen and Small Business Grant
503+14 Program described in this Act.
504+15 Section 70. Rulemaking authority.
505+16 (a) The Department may adopt rules necessary to implement
506+17 this Act. Any administrative rules necessary to implement this
507+18 Act shall be filed by the Department within 6 months after the
508+19 effective date of this Act.
509+20 (b) The Department of Corrections shall adopt rules to
510+21 carry out its responsibilities under this Act. Any
511+22 administrative rules necessary to implement its
512+23 responsibilities under this Act shall be filed by the
513+24 Department of Corrections within 6 months after the effective
549514
550515
551516
552517
553518
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519+ HB3418 - 14 - LRB103 29223 SPS 55610 b
555520
556521
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558- HB3418 Engrossed - 17 - LRB103 29223 SPS 55610 b
559-1 Section 999. Effective date. This Act takes effect upon
560-2 becoming law.
522+HB3418- 15 -LRB103 29223 SPS 55610 b HB3418 - 15 - LRB103 29223 SPS 55610 b
523+ HB3418 - 15 - LRB103 29223 SPS 55610 b
524+1 date of this Act.
525+2 Section 75. Repealer. This Act is repealed on December 31,
526+3 2029.
527+4 Section 99. Effective date. This Act takes effect upon
528+5 becoming law.
529+HB3418- 16 -LRB103 29223 SPS 55610 b 1 INDEX 2 Statutes amended in order of appearance HB3418- 16 -LRB103 29223 SPS 55610 b HB3418 - 16 - LRB103 29223 SPS 55610 b 1 INDEX 2 Statutes amended in order of appearance
530+HB3418- 16 -LRB103 29223 SPS 55610 b HB3418 - 16 - LRB103 29223 SPS 55610 b
531+ HB3418 - 16 - LRB103 29223 SPS 55610 b
532+1 INDEX
533+2 Statutes amended in order of appearance
561534
562535
563536
564537
565538
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539+ HB3418 - 15 - LRB103 29223 SPS 55610 b
540+
541+
542+
543+HB3418- 16 -LRB103 29223 SPS 55610 b HB3418 - 16 - LRB103 29223 SPS 55610 b
544+ HB3418 - 16 - LRB103 29223 SPS 55610 b
545+1 INDEX
546+2 Statutes amended in order of appearance
547+
548+
549+
550+
551+
552+ HB3418 - 16 - LRB103 29223 SPS 55610 b