Bill Amendment: IL HB3215 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REENTRY INTO THE WORKFORCE

Status: 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [HB3215 Detail]

Download: Illinois-2021-HB3215-House_Amendment_002.html

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Rep. Justin Slaughter

Filed: 2/22/2022

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

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

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"Department" means the Department of Commerce and Economic
Opportunity, unless the text specifies another particular
Department.
"Director" means the Director of Commerce and Economic
Opportunity.
"Disproportionately impacted area" means a census tract or
comparable geographic area that has high rates of arrest,
conviction, and incarceration among residents, as determined
by the Department of Commerce and Economic Opportunity.
"Full-time employee" means an individual who has a
position under union contract or is employed for a basic wage
for at least 35 hours each week and receives a benefits package
as compensation.
"Incentive period" means the period beginning on March 1,
2023 and ending on February 28, 2028.
"Noncompliance date" means, in the case of an applicant
that is not complying with the requirements of the provisions
of this Act, the date upon which the applicant became
noncompliant with the requirements of the provisions of this
Act, as determined by the Director under Section 60.
"Participant" means a full-time employee who:
(1) was unemployed or making less than the basic wage
referred to in this Section before being hired by an
applicant;
(2) served a sentence of incarceration;
(3) is registered for the pilot program described in

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

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

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

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

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

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wage rate, and date of hire of each participant with
respect to whom the wage subsidy is being requested, and
whether each participant is registered in the pilot
program described in Section 25;
(2) the number of participants hired by the applicant
during the incentive period;
(3) an agreement that the Director is authorized to
verify with the appropriate State agencies the information
contained in the request before issuing a certificate to
the applicant;
(4) the physical address of the workplace to which the
participant reports for work; and
(5) any other information the Department determines to
be appropriate.
(c) After receipt of an application and approval of
eligibility under this Section, the Department shall issue a
certificate of eligibility to all qualified applicants,
stating:
(1) the date and time on which the application was
received by the Department and an identifying number
assigned to the applicant by the Department; and
(2) the monthly amount of wage subsidy the applicant
would receive under this Act with respect to the new
employees listed on the application.
(d) After the initial certificate of eligibility is
issued, the applicant must submit a monthly report of

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

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

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

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

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