State of Illinois
90th General Assembly
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90_SB0146

      35 ILCS 5/211 new
      305 ILCS 5/9A-13 new
          Amends the Illinois Income Tax Act  and  the  Public  Aid
      Code  to  administer  an  Employment  Opportunity Certificate
      Program under which AFDC  recipients  are  given  opportunity
      certificate  vouchers  of  $1,500 to be used to negotiate for
      employment opportunities.  Provides an income tax  credit  of
      up  to  $1,500  per  employee hired under the Program for the
      business.   Applicable  to  tax  years  ending  on  or  after
      December 31, 1997.  Sunsets the credit after 5 years.
                                                     LRB9001110KDks
                                               LRB9001110KDks
 1        AN ACT in relation to  public  aid  recipients,  amending
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Income Tax  Act  is  amended  by
 6    adding Section 211 as follows:
 7        (35 ILCS 5/211 new)
 8        Sec. 211.  Tax credit for businesses participating in the
 9    employment opportunity certificate pilot program.
10        (a)  Beginning  with  taxable  years  ending  on or after
11    December 31, 1997 and ending with taxable years ending on  or
12    before  December 31, 2006, each business that participates in
13    the  employment   opportunity   certificate   pilot   program
14    established  under  Section  9A-13 of the Illinois Public Aid
15    Code is entitled to a credit against the  tax  imposed  under
16    subsections  (a) and (b) of Section 201 in an amount equal to
17    $1,500 per employee hired under the program per year in which
18    the credit is claimed.
19        (b)  If the amount of credit exceeds  the  tax  liability
20    for  the  year, the excess may be carried forward and applied
21    to the tax liability for the 2 taxable  years  following  the
22    excess  credit  year.   The  credit  shall  be applied to the
23    earliest year for which there is a tax liability.   If  there
24    are credits from more than one tax year that are available to
25    offset  a  liability,  the  earlier  credit  shall be applied
26    first.
27        Section 10.  The Illinois Public Aid Code is  amended  by
28    adding Section 9A-13 as follows:
29        (305 ILCS 5/9A-13 new)
                            -2-                LRB9001110KDks
 1        Sec.  9A-13.  Employment  opportunity certificates; pilot
 2    program.
 3        (a)  The   Illinois   Department    may,    subject    to
 4    appropriations   for  that  purpose,  conduct  an  employment
 5    opportunity certificate pilot program  as  provided  in  this
 6    Section.   The  Illinois  Department  may implement the pilot
 7    program in 2 locations  to  be  designated  by  the  Illinois
 8    Department:  (i)  an  administrative  district in the City of
 9    Chicago and (ii) a downstate county.
10        (b)  For   purposes   of   this   Section,   "opportunity
11    certificate" means a voucher  of  $1,500  to  be  used  by  a
12    recipient  of  aid under Article IV of this Code to negotiate
13    for employment opportunities.
14        (c)  Under a pilot program conducted under this  Section,
15    except  as otherwise provided in this Section, recipients who
16    are unemployed, or employed for less than  the  full  working
17    time  for  the  occupation  in  which  they  are engaged, and
18    dependent members of the family age 16 or over who are not in
19    regular attendance in school shall be required to  obtain  an
20    employment opportunity certificate to use in negotiating with
21    potential  employers in return for obtaining employment.  The
22    following recipients are excluded from the requirement of the
23    preceding   sentence   and   are   exempt   from    mandatory
24    participation   in  the  employment  opportunity  certificate
25    program established under this Section:
26             (1)  Disabled persons  who  meet  the  criteria  for
27        coverage  under  the  federal Americans with Disabilities
28        Act (Public Law 101-336) and are assessed as lacking  the
29        capacity  to  engage in full-time or part-time subsidized
30        employment.
31             (2)  A full-time caretaker of a  disabled  dependent
32        child or disabled adult.
33             (3)  A  caretaker  of a child in the assistance unit
34        who is one year of age or less.
                            -3-                LRB9001110KDks
 1        (d)  A business employer  participating  in  the  program
 2    shall enter into a written contract, signed and subscribed to
 3    under  oath,  with  the  Illinois  Department  containing the
 4    following assurances:
 5             (1)  The  business  has  submitted  a  plan  to  the
 6        Illinois   Department   (i)   describing   the   proposed
 7        compensation and duties  of  employees  hired  under  the
 8        opportunity    certificate   pilot   program   and   (ii)
 9        demonstrating that with the  tax  credit  provided  under
10        Section  211  of the Illinois Income Tax Act the business
11        is likely to succeed and continue to employ  the  persons
12        hired under the program.
13             (2)  The   business   must   use   the   tax  credit
14        exclusively  for  compensation  and  fringe  benefits  of
15        eligible job applicants.
16             (3)  The  tax  credit  is  necessary  to  allow  the
17        business to employ additional  people  but  not  to  fill
18        positions that would be filled even in the absence of the
19        tax credit.
20             (4)  The   business   is   in  compliance  with  all
21        applicable  affirmative  action,  fair   labor,   health,
22        safety, and environmental standards.
23        (e)  A  business  employer may not terminate, lay off, or
24    reduce the working hours of an employee for  the  purpose  of
25    hiring an individual under this program.
26        (f)  A  business  employer  participating in this program
27    shall receive a tax credit in accordance with Section 211  of
28    the Illinois Income Tax Act.
29        (g)  A  business  employer  may  receive  the  tax credit
30    specified in Section 211 of the Illinois Income Tax  Act  for
31    each  employee  hired  under the program for 5 years or until
32    the employee is terminated, whichever occurs first.  In order
33    for a participant in this program to continue eligibility for
34    aid under Article IV of this Code during the 6  months  after
                            -4-                LRB9001110KDks
 1    employment  under  this  Section  has  been  terminated,  the
 2    participant  must  provide  proof  to the Illinois Department
 3    that he or she is actively seeking  other  employment  or  is
 4    enrolled in an approved job training or educational activity.
 5    The  Illinois  Department  shall  make  job  training and job
 6    search services available to a participant  in  this  program
 7    for  a  period  of  one  year after termination of employment
 8    under this program.

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