Bill Amendment: IL HB0131 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2019-05-09 - Added Co-Sponsor Rep. Thaddeus Jones [HB0131 Detail]
Download: Illinois-2019-HB0131-House_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2019-05-09 - Added Co-Sponsor Rep. Thaddeus Jones [HB0131 Detail]
Download: Illinois-2019-HB0131-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 131
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2 | AMENDMENT NO. ______. Amend House Bill 131 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Access to Justice Grant Program Act.
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6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds that: | ||||||
8 | (1) The Department of Homeland Security reported a 171% | ||||||
9 | increase in the arrest and detention of undocumented | ||||||
10 | immigrants with no criminal record over the last 2 years. | ||||||
11 | (2) In Illinois alone, 525,000 undocumented | ||||||
12 | immigrants, including 40,000 immigrants with temporary | ||||||
13 | protected status and 42,000 immigrants with DACA status | ||||||
14 | under the Deferred Action for Childhood Arrivals program, | ||||||
15 | are at risk of deportation and being separated from their | ||||||
16 | families. |
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1 | (3) As of December 2018, about 71,000 adults and | ||||||
2 | juveniles were incarcerated in various facilities across | ||||||
3 | Illinois, including 40,872 individuals in Illinois | ||||||
4 | State-operated facilities and approximately 23,000 | ||||||
5 | individuals incarcerated in local jails. | ||||||
6 | (4) On February 11, 2019, Governor Pritzker unveiled a | ||||||
7 | justice reform initiative and said, "It's time to reduce | ||||||
8 | the recidivism rate and reentry through a holistic approach | ||||||
9 | that addresses opportunity both inside and outside of our | ||||||
10 | prisons". | ||||||
11 | (5) Completing a prison sentence is only the first step | ||||||
12 | in a long road to reentry into society. | ||||||
13 | (6) Many formerly incarcerated adults struggle to find | ||||||
14 | jobs and housing because of their criminal history, even | ||||||
15 | when records are expungeable. | ||||||
16 | (7) Illinois' vulnerable communities of color also | ||||||
17 | experience mental health challenges at higher rates, | ||||||
18 | including depression, anxiety, acculturative stress, and | ||||||
19 | trauma. | ||||||
20 | (8) The mental health needs of this population are | ||||||
21 | high, yet many are unable to access mental health services | ||||||
22 | due to lack of health insurance, transportation, or | ||||||
23 | cultural or language barriers. | ||||||
24 | (9) These insecurities and challenges facing | ||||||
25 | low-income communities of color have a large effect on the | ||||||
26 | State's economy and on the ability of employers to find and |
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1 | retain employees. | ||||||
2 | (10) In response to some of these challenges, the City | ||||||
3 | of Chicago established and funded a successful Legal | ||||||
4 | Protection Fund and Community Navigator Program. The | ||||||
5 | program has strengthened existing community-based | ||||||
6 | organizations and trained 400 community navigators (such | ||||||
7 | as majority immigrant women: Latinos, Asians, and | ||||||
8 | Africans.) who have reached over 50,000 individuals | ||||||
9 | through mass Know Your Rights trainings and have connected | ||||||
10 | immigrant families and persons classified as DREAMers | ||||||
11 | under the Development, Relief, and Education for Alien | ||||||
12 | Minors Act to free community-based legal services. The | ||||||
13 | community navigators were supported by attorneys. | ||||||
14 | (11) Chicago's Community Navigator Program increased | ||||||
15 | the rate of immigrants with legal representation from 30% | ||||||
16 | to 59% with $1,300,000 while New York increased | ||||||
17 | representation from 50% to 61% with $10,000,000 according | ||||||
18 | to an independent study conducted by Syracuse University. | ||||||
19 | (12) Adequate funding is necessary to ensure Illinois' | ||||||
20 | communities of color, including immigrants, | ||||||
21 | African-Americans, and returning citizens, know their | ||||||
22 | rights and have access to legal support and social and | ||||||
23 | mental health services.
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24 | Section 10. Definitions. As used in this Act: | ||||||
25 | "Legal services" means legal aid services rendered to |
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1 | individuals, including legal consultations, representations at | ||||||
2 | expungement proceedings, and representation before the U.S. | ||||||
3 | Citizenship and Immigration Services, the National Visa Center | ||||||
4 | within the U.S. Department of State, the Executive Office of | ||||||
5 | Immigration Review within the U.S. Department of Justice, the | ||||||
6 | U.S. Immigration and Customs Enforcement, and any other | ||||||
7 | immigration related agency or office. | ||||||
8 | "Community navigator" means an individual formally trained | ||||||
9 | by a qualified nonprofit community organization to educate and | ||||||
10 | inform individuals on a specific subject matter. | ||||||
11 | "Grant Panel" means the Access to Justice Grant Program | ||||||
12 | Panel created under Section 15 to review and administer
grant | ||||||
13 | applications.
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14 | Section 15. Access to Justice Grant Program. | ||||||
15 | (a) The Access to Justice Grant Program is created for the | ||||||
16 | purpose of issuing grants to 2 nonprofit, community-based | ||||||
17 | organizations to serve as fiscal agents and increase outreach, | ||||||
18 | education on legal matters, and access to legal services to | ||||||
19 | low-income communities of color, including immigrant and | ||||||
20 | African-American populations. | ||||||
21 | (b) There is created the Access to Justice Grant Program | ||||||
22 | Panel. The Grant Panel shall consist of the following members: | ||||||
23 | (1) 2 co-chairs, one each appointed by the Speaker of | ||||||
24 | the House of Representatives and the Minority Leader of the | ||||||
25 | House of Representatives; |
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1 | (2) 2 members, one each appointed by the President of | ||||||
2 | the Senate and the Minority Leader of the Senate; and | ||||||
3 | (3) one member appointed by the Governor. | ||||||
4 | (c) The Department of Human Services shall provide staff | ||||||
5 | and administrative support to the Grant Panel. Members of the | ||||||
6 | Grant Panel shall not receive compensation for their service on | ||||||
7 | the Grant Panel but shall be reimbursed for necessary travel | ||||||
8 | expenses incurred in the performance of their duties. | ||||||
9 | (d) On or before July 1, 2019, nonprofit, community-based | ||||||
10 | organizations that meet the requirements outlined in Section 20 | ||||||
11 | may apply to the Grant Panel for a grant under this Act. | ||||||
12 | (e) On or before August 1, 2019, the Grant Panel shall | ||||||
13 | award grant funds, in an amount to be determined by the Grant | ||||||
14 | Panel, to 2 nonprofit, community-based organizations. | ||||||
15 | (f) For State Fiscal Year 2020, the Governor shall include | ||||||
16 | in the annual State budget for the Access to Justice Grant | ||||||
17 | Program an appropriation of $10,000,000 which shall generate a | ||||||
18 | one-to-one match from private employers and philanthropic or | ||||||
19 | non-profit groups.
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20 | Section 20. Grant application; grant review committee. | ||||||
21 | (a) Grant applicants shall use the grant application format | ||||||
22 | prepared and made available by the Grant Panel for this | ||||||
23 | purpose. The applications shall be available on the Department | ||||||
24 | of Human Services' website. | ||||||
25 | (b) To apply to be a fiscal agent and receive a grant under |
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1 | this Act, an applicant must be a nonprofit, community-based | ||||||
2 | organization that provides legal services to meet the unique | ||||||
3 | legal needs of the targeted populations. A fiscal agent that | ||||||
4 | provides immigration services must: | ||||||
5 | (1) have previous experience in serving as a fiscal | ||||||
6 | agent; | ||||||
7 | (2) have an in-house community navigator program; | ||||||
8 | (3) have previously trained other organizations in the | ||||||
9 | community navigator program; | ||||||
10 | (4) have headquarters in a census tract where at least | ||||||
11 | 75% of the population is from a minority group; and | ||||||
12 | (5) be recognized by the Department of Justice to | ||||||
13 | practice immigration law. | ||||||
14 | (c) Each fiscal agent must fund and train 10 | ||||||
15 | community-based organizations throughout the State to recruit | ||||||
16 | and train community navigators to reach and inform 20,000 | ||||||
17 | Illinois low-income and vulnerable individuals living in | ||||||
18 | communities of color on Know Your Rights, expungement | ||||||
19 | processes, mental health services, and immigration legal | ||||||
20 | services. | ||||||
21 | (d) Each fiscal agent must fund and train 10 | ||||||
22 | community-based legal service organizations that will conduct | ||||||
23 | 5,000 legal screenings for low-income and vulnerable | ||||||
24 | communities of color. | ||||||
25 | (e) At least one fiscal agent must be able to work with | ||||||
26 | mental health organizations to implement 4 pilot |
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1 | community-based mental health programs. | ||||||
2 | (f) Each grant applicant shall: | ||||||
3 | (1) describe itself, indicate whether it is a | ||||||
4 | nonprofit, community-based organization, and provide its | ||||||
5 | legal status and a summary of its mission; | ||||||
6 | (2) be authorized to conduct affairs in the State of | ||||||
7 | Illinois; | ||||||
8 | (3) designate that it is applying for a grant to ensure | ||||||
9 | access to legal services in low-income communities of | ||||||
10 | color, including immigrant and African-American | ||||||
11 | populations; and | ||||||
12 | (4) have a partnership with business associations to | ||||||
13 | reduce barriers to employment, provide certified training, | ||||||
14 | and address labor shortage for Illinois employers. | ||||||
15 | (j) Each grant application shall include a detailed, | ||||||
16 | narrative statement describing the proposed use of the grant | ||||||
17 | funds. Each grant applicant shall also provide: | ||||||
18 | (1) the name and contact information of the Director of | ||||||
19 | the nonprofit, community-based organization; | ||||||
20 | (2) a description of the applicant's ability to | ||||||
21 | administer the grant; | ||||||
22 | (3) a project title; | ||||||
23 | (4) a project description; | ||||||
24 | (5) a description of the applicant's | ||||||
25 | request-for-proposals process and any other process used | ||||||
26 | for selecting sub-grantee organizations; |
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1 | (6) the applicant's target audience and needs; | ||||||
2 | (7) a project schedule; | ||||||
3 | (8) methods for evaluating outcomes; and | ||||||
4 | (9) the applicant's proposed budget and a detailed | ||||||
5 | explanation of expenses. | ||||||
6 | Grant applicants must demonstrate in their grant | ||||||
7 | applications that they have satisfactorily met all | ||||||
8 | requirements set forth in this Section, and that they possess | ||||||
9 | the administrative capacity to perform the purposes of the | ||||||
10 | Access to Justice Grant Program and the fiscal and reporting | ||||||
11 | functions stipulated in this Section. | ||||||
12 | (k) The Grant Panel may deny a grant application if the | ||||||
13 | requirements of this Section are not met or are inadequately | ||||||
14 | met. The Grant Panel shall not discriminate on the basis of | ||||||
15 | race, color, religion, gender, age, national origin, | ||||||
16 | disability, marital status, sexual orientation, or military | ||||||
17 | status in the awarding of grants. | ||||||
18 | (l) Grant applications that are not submitted in the | ||||||
19 | required format by July 1, 2019, as set forth in subsection (d) | ||||||
20 | of Section 15, or that are not completed, shall not be | ||||||
21 | considered for funding by the Grant Panel. | ||||||
22 | (m) The grant application process shall be competitive. A | ||||||
23 | grant review committee shall review all grant applications and | ||||||
24 | make recommendations to the Grant Panel regarding the selection | ||||||
25 | of grant award recipients. | ||||||
26 | (n) The grant review committee shall consist of one |
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1 | representative from the Department of Human Services, and, at | ||||||
2 | the discretion of the Grant Panel, any other additional | ||||||
3 | qualified reviewers. Any additional reviewers shall be | ||||||
4 | selected based on their academic qualifications and their | ||||||
5 | vocational and volunteer experience related to the subject | ||||||
6 | matter of the grant. | ||||||
7 | (o) No person shall serve on the grant review committee if | ||||||
8 | that person: | ||||||
9 | (1) is applying for a grant under this Act; | ||||||
10 | (2) is employed by any entity applying for a grant | ||||||
11 | under this Act; | ||||||
12 | (3) has an ownership interest in or receives income | ||||||
13 | from any entity applying for a grant under this Act; or | ||||||
14 | (4) is related more closely than the 5th degree of | ||||||
15 | consanguinity (second cousins) to an owner or employee of | ||||||
16 | any entity applying for a grant under this Act. | ||||||
17 | (p) Members of the grant review committee shall | ||||||
18 | independently consider the following criteria and assign | ||||||
19 | weighted scores up to the total amount of points indicated: | ||||||
20 | (1) Requirements. Does the nonprofit meet the | ||||||
21 | requirements as outlined in Section 20? (500 points) | ||||||
22 | (2) Abstract. Does the project overview appropriately | ||||||
23 | communicate the proposed project? (25 points) | ||||||
24 | (3) Administrative capacity. Does the applicant have | ||||||
25 | adequate experience and qualifications to accomplish the | ||||||
26 | proposed project? Is the applicant a known and trusted |
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1 | voice in the community to be served? (100 points) | ||||||
2 | (4) Project description. Has the applicant provided a | ||||||
3 | comprehensive description of the project, including | ||||||
4 | details about methods, activities, and services to be | ||||||
5 | provided in light of the legislative findings under Section | ||||||
6 | 5? (200 points) | ||||||
7 | (5) Connection to employers. Has the applicant stated | ||||||
8 | how this program will partner with trade and business | ||||||
9 | associations to reach the workforce and to increase the | ||||||
10 | pipeline of available workers to fill high and low skilled | ||||||
11 | employment positions? Does the application include at | ||||||
12 | least 3 letters of support from Illinois trade or business | ||||||
13 | associations? (100 points) | ||||||
14 | (6) Capacity building. Has the applicant described how | ||||||
15 | it will build capacity for smaller nonprofits to be able to | ||||||
16 | achieve their goals, including training, technical | ||||||
17 | assistance, and coordination with public and private | ||||||
18 | entities? (300 points) | ||||||
19 | (7) Target audience and need. Has the applicant | ||||||
20 | identified the intended audience and its need for services | ||||||
21 | proposed? Has the applicant set forth a plan for | ||||||
22 | identifying and reaching target communities? (500 points) | ||||||
23 | (8) Project schedule. Does the applicant's timeline | ||||||
24 | clearly illustrate appropriate scheduling of the proposed | ||||||
25 | actions and activities? (50 points) | ||||||
26 | (9) Evaluation. Is the methodology and strategy that |
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1 | the applicant will use to evaluate the success of the | ||||||
2 | project reasonable? (25 points) | ||||||
3 | (10) Budget. Is the proposed budget reasonable, | ||||||
4 | necessary, appropriate, and adequate to perform the | ||||||
5 | proposed services? (100 points) | ||||||
6 | (q) For purposes of this grant application and review | ||||||
7 | process: | ||||||
8 | (1) Two organizations shall serve as fiscal agents. | ||||||
9 | Fiscal agents then must sub-grant as provided in this Act | ||||||
10 | and in with the approval of the Department of Human | ||||||
11 | Services. | ||||||
12 | (2) All grant applicants shall be notified whether or | ||||||
13 | not their application has been approved. The decision of | ||||||
14 | the Grant Panel regarding the award of grants under this | ||||||
15 | Section is final. | ||||||
16 | (3) The Grant Panel shall notify the submitting entity | ||||||
17 | when an application is approved. All approved applicants | ||||||
18 | shall enter into a grant agreement provided by the Grant | ||||||
19 | Panel before any grant funds are distributed.
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20 | Section 25. Grant reporting requirements. | ||||||
21 | (a) As stipulated by the grant agreement, the following | ||||||
22 | reports shall be completed and transmitted to the Department of | ||||||
23 | Human Services by each grant recipient: | ||||||
24 | (1) monthly narrative and financial reports that | ||||||
25 | identify by line item all expenditures made from grant |
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1 | funds; | ||||||
2 | (2) a final financial report showing all expenditures | ||||||
3 | of grant funds and the return of any unexpended grant | ||||||
4 | funds; and | ||||||
5 | (3) a final narrative report evaluating the degree to | ||||||
6 | which the grantee achieved the goals and objectives of the | ||||||
7 | project. | ||||||
8 | The Grant Panel may request additional information and data | ||||||
9 | from any grant applicant. | ||||||
10 | (b) Grants awarded under this Section are subject to the | ||||||
11 | Grant Accountability and Transparency Act. The Grant Panel | ||||||
12 | shall not consider grant applications submitted by entities | ||||||
13 | that are included in the Illinois Debarred and Suspended List | ||||||
14 | maintained by the Governor's Office of Management and Budget. | ||||||
15 | (c) Grant recipients shall maintain books and records | ||||||
16 | relating to the expenditure of grant funds. Books and records, | ||||||
17 | including information stored in computer systems, shall be | ||||||
18 | maintained by the grant recipient for a period of 3 years from | ||||||
19 | the later of the date of the final grant payment or the | ||||||
20 | completion of the projects for which the grant was issued. | ||||||
21 | (d) Books and records required to be maintained under this | ||||||
22 | Section shall be available for review or audit by the | ||||||
23 | Department of Commerce and Economic Opportunity, the Attorney | ||||||
24 | General, or the Auditor General. Failure to maintain books and | ||||||
25 | records required by this Section shall establish a presumption | ||||||
26 | in favor of the Grant Panel for the recovery of any grant |
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1 | funds, attorney's fees, and costs paid by the Grant Panel or | ||||||
2 | its designee. | ||||||
3 | (e) Grants made under this Section are subject to the | ||||||
4 | provisions of the Illinois Grant Funds Recovery Act. Actions | ||||||
5 | brought under that Act may include, but are not limited to, a | ||||||
6 | grant recipient's: (i) failure to spend funds in accordance | ||||||
7 | with the application or any approved amendment to the | ||||||
8 | application or (ii) failure to comply with reporting procedures | ||||||
9 | stipulated in this Section. If a provision of this Section | ||||||
10 | conflicts with a provision of the Illinois Grant Funds Recovery | ||||||
11 | Act, then the provision of the Illinois Grant Funds Recovery | ||||||
12 | Act controls. | ||||||
13 | (f) Obligations of the Grant Panel to fund the Access to | ||||||
14 | Justice Grant Program shall cease immediately without penalty | ||||||
15 | or further payment being required if the funds for the grants | ||||||
16 | are not available to the Grant Panel.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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