Bill Amendment: IL SB0400 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVERNMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB0400 Detail]
Download: Illinois-2017-SB0400-Senate_Amendment_001.html
Bill Title: GOVERNMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB0400 Detail]
Download: Illinois-2017-SB0400-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 400
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2 | AMENDMENT NO. ______. Amend Senate Bill 400 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 | Exoneree Assistance Act.
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6 | Section 5. Definitions. As used in this Act:
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7 | "Authority" means the Illinois Housing Development | ||||||
8 | Authority.
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9 | "Department" means the Department of Commerce and Economic | ||||||
10 | Opportunity.
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11 | "Director" means the Director of Commerce and Economic | ||||||
12 | Opportunity.
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13 | "Exoneree" means a person who has been discharged from a | ||||||
14 | prison of this State and has received:
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15 | (1) a pardon from the Governor stating that such
pardon | ||||||
16 | is issued on the ground of innocence of the crime for which |
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1 | he or she was imprisoned; or
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2 | (2) a certificate of innocence from the
Circuit Court | ||||||
3 | as provided in Section 2-702 of the Code of Civil | ||||||
4 | Procedure.
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5 | Section 10. Designation of service centers. | ||||||
6 | (a) The Director of Commerce and Economic Opportunity shall | ||||||
7 | designate multipurpose service centers for exonerees operated | ||||||
8 | by community nonprofit agencies or organizations. To the | ||||||
9 | greatest extent possible, the Director shall rely on such | ||||||
10 | agencies or organizations whose major emphasis has been to | ||||||
11 | provide social services. | ||||||
12 | (b) The Director shall search for such nonprofit agencies | ||||||
13 | or organizations to carry out the programs created under this | ||||||
14 | Section.
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15 | (c) The Director shall designate the agencies or | ||||||
16 | organizations to carry out such programs.
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17 | (d) Subject to appropriation, the Director shall begin to | ||||||
18 | provide the necessary funds to the nonprofit agencies or | ||||||
19 | organizations to set up and begin the operation of the | ||||||
20 | multipurpose service centers. Thereafter the Director shall | ||||||
21 | provide the funds appropriated for grants to the centers as the | ||||||
22 | costs of the centers are incurred.
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23 | (e) The Director shall, with the advice of the staff of the | ||||||
24 | centers, adopt rules to implement this Act with respect to | ||||||
25 | service centers. Such rules shall include eligibility of |
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1 | persons for job training and vocational programs, education | ||||||
2 | programs, the level of stipends for the job training and | ||||||
3 | vocational programs, education programs, housing assistance | ||||||
4 | for exonerees, and a sliding fee scale for the service | ||||||
5 | programs.
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6 | (f) In performing his or her duties under this Section, the | ||||||
7 | Director shall consult and cooperate with such State agencies | ||||||
8 | as may be appropriate, including, but not limited to, the | ||||||
9 | Department of Employment Security to ensure that there is no | ||||||
10 | duplication of services.
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11 | Section 15. Service center services.
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12 | (a) The multipurpose service centers created under Section | ||||||
13 | 10 shall, after consulting and in cooperation with the | ||||||
14 | Department of Commerce and Economic Opportunity and the | ||||||
15 | Department of Employment Security, develop assistance services | ||||||
16 | by cooperating with federal, State, and local governmental | ||||||
17 | agencies. The services shall include, but not be limited to, | ||||||
18 | the following:
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19 | (1) job training and vocational programs;
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20 | (2) counseling and placement of exonerees with respect | ||||||
21 | to appropriate job opportunities;
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22 | (3) identifying community needs and seeking funding
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23 | for new public and private sector jobs in relation to | ||||||
24 | exonerees;
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25 | (4) providing exonerees with training, skills, and
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1 | referral services to help them to become gainfully employed | ||||||
2 | and independent;
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3 | (5) developing plans to include more exonerees in
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4 | existing training and placement programs;
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5 | (6) referring exonerees to agencies which provide
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6 | information and assistance with respect to health care, | ||||||
7 | financial matters, education, housing, and legal problems; | ||||||
8 | and
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9 | (7) any other assistance or program that the Director | ||||||
10 | may deem useful in assisting exonerees under this Act.
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11 | (b) To the extent possible, supervisory, technical, and | ||||||
12 | administrative positions relating to the multipurpose service | ||||||
13 | programs shall be filled by exonerees.
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14 | (c) The director of each center shall submit an annual | ||||||
15 | report to the Director. The report shall include evaluations of | ||||||
16 | the effectiveness of the job training, placement, and other | ||||||
17 | service programs to exonerees, including the number of persons | ||||||
18 | trained, the number of persons placed in employment, follow-up | ||||||
19 | data on such persons, the number of persons served by the | ||||||
20 | various service programs, and estimates of the cost | ||||||
21 | effectiveness of the various components of the center. The | ||||||
22 | Director shall also require quarterly reports and shall by rule | ||||||
23 | specify the information to be included in the quarterly | ||||||
24 | reports.
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25 | (d) The director of each center may accept, use, and | ||||||
26 | dispose of contributions of money, services and property for |
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1 | the purposes of this Act.
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2 | Section 20. Sponsoring agencies and organizations.
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3 | (a) The sponsoring nonprofit agency or organization under | ||||||
4 | Section 15 shall consult and cooperate with the Department and | ||||||
5 | the Department of Employment Security to ensure that there is | ||||||
6 | no duplication of services, and shall cooperate with federal, | ||||||
7 | State, and local agencies to coordinate the multiservice | ||||||
8 | programs established under this Act.
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9 | (b) The agency or organization and the communities served | ||||||
10 | by programs established under this Act shall provide a total of | ||||||
11 | not less than 5% of the cost of the operation of the centers to | ||||||
12 | supplement moneys appropriated to implement and continue this | ||||||
13 | Act with respect to service centers.
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14 | Section 25. Exoneree housing assistance.
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15 | (a) Subject to the application process provided in | ||||||
16 | subsection (c) of this Section, any exoneree who was a resident | ||||||
17 | of this State at the time he or she was imprisoned shall be | ||||||
18 | entitled to receive assistance under this Section for the | ||||||
19 | purpose of acquiring within this State a suitable housing unit.
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20 | (b) The amount of State assistance granted to acquire a | ||||||
21 | suitable housing unit shall be 25% of the cost of such housing | ||||||
22 | unit, and assistance granted shall be in the form of a single | ||||||
23 | lump-sum payment to the exoneree, but shall in no event exceed | ||||||
24 | the sum of $15,000.
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1 | (c) Application for assistance under this Section shall be | ||||||
2 | made by the exoneree to the Illinois Housing Development | ||||||
3 | Authority, and shall be accompanied by proof of a pardon by the | ||||||
4 | Governor stating that such pardon was issued on the ground of | ||||||
5 | innocence of the crime for which he or she was imprisoned or a | ||||||
6 | Certificate of innocence from the Circuit Court, and any other | ||||||
7 | documentation the Authority may deem necessary. The | ||||||
8 | application shall contain such information as will enable the | ||||||
9 | Authority to determine the suitability of the exoneree for | ||||||
10 | assistance, and the amount of assistance to which the exoneree | ||||||
11 | is entitled if deemed suitable. The Authority shall adopt | ||||||
12 | general rules for determining the question of whether an | ||||||
13 | applicant was a resident of this State at the time he or she | ||||||
14 | was imprisoned, and shall prescribe by rule the nature of the | ||||||
15 | proof to be submitted to establish the fact of residence.
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16 | Section 30. Exoneree Higher Education Grant Program.
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17 | (a) As used in this Section:
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18 | "Board" means the Illinois Board of Higher Education.
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19 | "Eligible exoneree" means an exoneree meeting the | ||||||
20 | following criteria:
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21 | (1) the exoneree is a resident of this State and can | ||||||
22 | provide proof that he or she was a resident of this State | ||||||
23 | at the time he or she was imprisoned;
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24 | (2) the exoneree has been accepted into a program of | ||||||
25 | higher education located in this State;
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1 | (3) the exoneree exhibits financial need as determined | ||||||
2 | by the Board;
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3 | (4) the exoneree provides proof of a pardon by the | ||||||
4 | Governor stating that such pardon was issued on the ground | ||||||
5 | of innocence of the crime for which he or she was | ||||||
6 | imprisoned or a Certificate of innocence from the Circuit | ||||||
7 | Court, and any other documentation the Board may deem | ||||||
8 | necessary; and
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9 | (5) the exoneree meets other criteria as may be | ||||||
10 | established by the Board.
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11 | "Program" means the Exoneree Higher Education Grant | ||||||
12 | Program created under this Section.
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13 | (b) There is created the Exoneree Higher Education Grant | ||||||
14 | Program to provide financial assistance to eligible exonerees, | ||||||
15 | subject to appropriation, for the costs of attending a | ||||||
16 | community college, college, or university in this State.
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17 | (c) The Board shall have the following powers and duties | ||||||
18 | under this Section:
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19 | (1) to award grants to eligible exonerees;
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20 | (2) to establish a program of exoneree grants and to | ||||||
21 | make grants to eligible exonerees;
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22 | (3) to determine criteria and standards of financial | ||||||
23 | need for making grants, including the grant amount to be | ||||||
24 | awarded;
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25 | (4) to determine the procedures for the distribution of | ||||||
26 | grants to eligible exonerees, giving preference to |
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1 | eligible exonerees whose financial resources are such | ||||||
2 | that, in the absence of a Program grant, the exoneree will | ||||||
3 | be prevented from attending an institution of higher | ||||||
4 | education; and
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5 | (5) to adopt rules which are necessary for the | ||||||
6 | establishment and maintenance of the Program required by | ||||||
7 | this Section.
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8 | Section 35. Exoneree Discount Program.
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9 | (a) The Department of Commerce and Economic Opportunity | ||||||
10 | shall establish and administer an Exoneree Discount Program | ||||||
11 | that enables an exoneree to use his or her valid Illinois | ||||||
12 | driver's license or Illinois Identification Card at | ||||||
13 | participating merchants to receive a discount on goods and | ||||||
14 | services or to receive another appropriate money-saving | ||||||
15 | promotion of a merchant's choice.
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16 | (b) The Department shall develop and implement an outreach | ||||||
17 | program, subject to resources, to ensure that exonerees and | ||||||
18 | potential merchant-participants in the State are made aware of | ||||||
19 | the Exoneree Discount Program. The Secretary of State may also | ||||||
20 | assist in promoting and disseminating information on the | ||||||
21 | Exoneree Discount Program.
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22 | (c) The Department shall adopt any rules necessary to | ||||||
23 | implement this Act.
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24 | Section 40. Construction.
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1 | (a) Nothing in this Act shall be construed to conflict with | ||||||
2 | Section 2 of the Public Employment Office Act concerning job | ||||||
3 | search and placement services to persons unjustly imprisoned, | ||||||
4 | or any other employment services offered by the Department of | ||||||
5 | Employment Security under that Act.
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6 | (b) Nothing in this Act shall be construed to conflict with | ||||||
7 | the provisions of any federal or State statute, program, or | ||||||
8 | service assisting in providing housing for wrongfully | ||||||
9 | imprisoned persons.
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10 | (c) Nothing in this Act shall be construed to conflict with | ||||||
11 | the provisions of any federal or State loan or grant program | ||||||
12 | offering financial assistance for the costs of attending an | ||||||
13 | institution of higher education.
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14 | (d) Nothing in this Act shall prevent an exoneree, as | ||||||
15 | defined under this Act, from seeking and using services or | ||||||
16 | benefits not otherwise provided under this Act.
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17 | Section 100. The Personnel Code is amended by adding | ||||||
18 | Section 8b.21 as follows:
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19 | (20 ILCS 415/8b.21 new) | ||||||
20 | Sec. 8b.21. Exoneree preference. For the granting of | ||||||
21 | appropriate preference in entrance examinations to qualified | ||||||
22 | persons who have been wrongfully imprisoned in this State. | ||||||
23 | (a) As used in this Section:
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24 | "Exoneree" has the same meaning as defined in Section 5 |
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1 | of the Exoneree Assistance Act. | ||||||
2 | (b) The preference granted under this Section shall be in | ||||||
3 | the form of points added to the final grades of exonerees if | ||||||
4 | they otherwise qualify and are entitled to appear on the list | ||||||
5 | of those eligible for appointments. The exoneree preference | ||||||
6 | additional point total shall be determined by the Director of | ||||||
7 | Central Management Services, but shall be no less than 3 | ||||||
8 | points. | ||||||
9 | (c) The rank order of persons entitled to a preference on | ||||||
10 | eligible lists shall be determined on the basis of their | ||||||
11 | augmented ratings. When the Director establishes eligible | ||||||
12 | lists on the basis of category ratings such as "superior", | ||||||
13 | "excellent", "well-qualified", and "qualified", the exoneree | ||||||
14 | eligibles in each such category shall be preferred for | ||||||
15 | appointment before the non-exoneree eligibles in the same | ||||||
16 | category. | ||||||
17 | (d) The Department of Central Management Services shall | ||||||
18 | adopt rules and implement procedures to verify that any person | ||||||
19 | seeking a preference under this Section is entitled to the | ||||||
20 | preference. A person seeking a preference under this Section | ||||||
21 | shall provide documentation or execute any consents or other | ||||||
22 | documents required by the Department of Central Management | ||||||
23 | Services or any other State department or agency to enable the | ||||||
24 | department or agency to verify that the person is entitled to | ||||||
25 | the preference. | ||||||
26 | (e) If an applicant claims to be an exoneree for purposes |
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1 | of receiving the preference, the Department of Central | ||||||
2 | Management Services must verify that status before granting an | ||||||
3 | exoneree preference by requiring proof of a pardon by the | ||||||
4 | Governor stating that such pardon was issued on the ground of | ||||||
5 | innocence of the crime for which he or she was imprisoned or a | ||||||
6 | Certificate of innocence from the Circuit Court, or any other | ||||||
7 | evidence of the applicant's release from wrongful imprisonment | ||||||
8 | that is determined to be acceptable by the Department of | ||||||
9 | Central Management Services.
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10 | Section 105. The Department of Commerce and Economic | ||||||
11 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
12 | amended by changing Section 605-416 as follows:
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13 | (20 ILCS 605/605-416) | ||||||
14 | Sec. 605-416. Loans to qualified ex-offenders. | ||||||
15 | (a) The Department of Commerce and Economic Opportunity may | ||||||
16 | establish an ex-offender business ownership grant and loan | ||||||
17 | program. Funding for this program shall come from the | ||||||
18 | Ex-Offender Fund. The Department shall provide grants to | ||||||
19 | organizations and entities that work with ex-offenders and | ||||||
20 | facilitate the reentry of ex-offenders into society. | ||||||
21 | Organizations wishing to participate in the program must | ||||||
22 | present an application to the Department in order to receive | ||||||
23 | funding. | ||||||
24 | (b) Funding distributed from the Ex-Offender Fund may be |
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1 | used only for the following purposes: | ||||||
2 | (1) For the awarding of grants to organizations and | ||||||
3 | entities to provide low interest loans to ex-offenders so | ||||||
4 | that these individuals may start and operate their own | ||||||
5 | businesses that have a positive impact on society. The | ||||||
6 | maximum amount of a loan funded by a grant under this | ||||||
7 | Section that an ex-offender may receive is $5,000. | ||||||
8 | (2) For the awarding of grants to entities or | ||||||
9 | organizations assisting ex-offenders, so that individual | ||||||
10 | ex-offenders may develop business plans to start up their | ||||||
11 | own businesses. These grants are to be used for the sole | ||||||
12 | purpose of acquiring a business plan developed by a | ||||||
13 | credible source. In order to receive these grants, | ||||||
14 | qualified ex-offenders must submit an application and | ||||||
15 | provide 50% of the cost to develop the business plan. | ||||||
16 | (3) For the administration costs of the program. | ||||||
17 | (c) For purposes of this Section, "qualified ex-offender" | ||||||
18 | means any person who: | ||||||
19 | (1) is an eligible offender, as defined under Section | ||||||
20 | 5-5.5-5 of the Unified Code of Corrections; | ||||||
21 | (2) was sentenced to a period of incarceration in an | ||||||
22 | Illinois adult correctional center; and | ||||||
23 | (3) presents an application and a professional | ||||||
24 | business plan to the organization or entity that is making | ||||||
25 | the loan.
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26 | (c-5) For the purposes of this Section, "qualified |
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1 | ex-offender" includes any person defined as an "exoneree" under | ||||||
2 | Section 5 of the Exoneree Assistance Act. Such a person shall | ||||||
3 | be required to present an application and a professional | ||||||
4 | business plan to the organization or entity that is making the | ||||||
5 | loan under this Section. | ||||||
6 | (Source: P.A. 96-656, eff. 1-1-10.)
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7 | Section 110. The Illinois Income Tax Act is amended by | ||||||
8 | changing Section 216 as follows:
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9 | (35 ILCS 5/216) | ||||||
10 | Sec. 216. Credit for wages paid to ex-felons. | ||||||
11 | (a) For each taxable year beginning on or after January 1, | ||||||
12 | 2007, each taxpayer is entitled to a credit against the tax | ||||||
13 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
14 | in an amount equal to 5% of qualified wages paid by the | ||||||
15 | taxpayer during the taxable year to one or more Illinois | ||||||
16 | residents who are qualified ex-offenders. The total credit | ||||||
17 | allowed to a taxpayer with respect to each qualified | ||||||
18 | ex-offender may not exceed $1,500 for all taxable years. For | ||||||
19 | partners, shareholders of Subchapter S corporations, and | ||||||
20 | owners of limited liability companies, if the liability company | ||||||
21 | is treated as a partnership for purposes of federal and State | ||||||
22 | income taxation, there shall be allowed a credit under this | ||||||
23 | Section to be determined in accordance with the determination | ||||||
24 | of income and distributive share of income under Sections 702 |
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1 | and 704 and Subchapter S of the Internal Revenue Code. | ||||||
2 | (b) For purposes of this Section, "qualified wages": | ||||||
3 | (1) includes only wages that are subject to federal | ||||||
4 | unemployment tax under Section 3306 of the Internal Revenue | ||||||
5 | Code, without regard to any dollar limitation contained in | ||||||
6 | that Section;
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7 | (2) does not include any amounts paid or incurred by an | ||||||
8 | employer for any period to any qualified ex-offender for | ||||||
9 | whom the employer receives federally funded payments for | ||||||
10 | on-the-job training of that qualified ex-offender for that | ||||||
11 | period;
and
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12 | (3) includes only wages attributable to service | ||||||
13 | rendered during the one-year period beginning with the day | ||||||
14 | the qualified ex-offender begins work for the employer.
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15 | If the taxpayer has received any payment from a program | ||||||
16 | established under Section 482(e)(1) of the federal Social | ||||||
17 | Security Act with respect to a qualified ex-offender, then, for | ||||||
18 | purposes of calculating the credit under this Section, the | ||||||
19 | amount of the qualified wages paid to that qualified | ||||||
20 | ex-offender must be reduced by the amount of the payment.
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21 | (c) For purposes of this Section, "qualified ex-offender" | ||||||
22 | means any person who:
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23 | (1) has been convicted of a crime in this State or of | ||||||
24 | an offense in any other jurisdiction, not including any | ||||||
25 | offense or attempted offense that would subject a person to | ||||||
26 | registration under the Sex Offender Registration Act; |
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1 | (2) was sentenced to a period of incarceration in an | ||||||
2 | Illinois adult correctional center; and | ||||||
3 | (3) was hired by the taxpayer within 3 years after | ||||||
4 | being released from an Illinois adult correctional center. | ||||||
5 | (c-5) For the purposes of this Section, "qualified | ||||||
6 | ex-offender" includes any person defined as an "exoneree" under | ||||||
7 | Section 5 of the Exoneree Assistance Act who was hired by the | ||||||
8 | taxpayer within 3 years after being exonerated. | ||||||
9 | (d) In no event shall a credit under this Section reduce | ||||||
10 | the taxpayer's liability to less than zero. If the amount of | ||||||
11 | the credit exceeds the tax liability for the year, the excess | ||||||
12 | may be carried forward and applied to the tax liability of the | ||||||
13 | 5 taxable years following the excess credit year. The tax | ||||||
14 | credit shall be applied to the earliest year for which there is | ||||||
15 | a tax liability. If there are credits for more than one year | ||||||
16 | that are available to offset a liability, the earlier credit | ||||||
17 | shall be applied first.
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18 | (e) This Section is exempt from the provisions of Section | ||||||
19 | 250. | ||||||
20 | (Source: P.A. 98-165, eff. 8-5-13.)".
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