102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4861

 

Introduced 1/27/2022, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.21 new
15 ILCS 305/5  from Ch. 124, par. 5
20 ILCS 5/5-125  was 20 ILCS 5/5.13i
20 ILCS 5/5-213 new
20 ILCS 5/5-540  was 20 ILCS 5/6.28 and 5/7.01
20 ILCS 1005/1005-7 new
20 ILCS 1005/1005-115  was 20 ILCS 1005/43a.10
20 ILCS 1005/1005-155

    Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that beginning July 1, 2023, the Director of Employment Security shall be appointed by the Secretary of State. Provides further related appointments of the Secretary of State. Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that upon the appointment of a Director of Employment Security by the Secretary of State, the Department of Employment Security shall be a department under the jurisdiction of the Office of the Secretary of State. Allows the Secretary of State to establish a transition committee concerning the Department of Employment Security. Requires the Office of the Governor to coordinate with the Secretary of State concerning the Department of Employment Security. Amends the Secretary of State Act. Modifies the duties of the Secretary of State to include the appointment of and jurisdiction over the Director and Department of Employment Security, and related duties. Provides for the adoption of rules, including emergency rules. Makes conforming changes.


LRB102 24080 RJF 33301 b

 

 

A BILL FOR

 

HB4861LRB102 24080 RJF 33301 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.21 as follows:
 
6    (5 ILCS 100/5-45.21 new)
7    Sec. 5-45.21. Emergency rulemaking; Secretary of State
8employment security transition. To provide for the expeditious
9and timely implementation of the provisions of this amendatory
10Act of the 102nd General Assembly and any duties of the
11Secretary of State as required under such provisions regarding
12jurisdiction over the Department of Employment Security,
13emergency rules implementing the changes made by this
14amendatory Act of the 102nd General Assembly may be adopted by
15the Secretary in accordance with Section 5-45. The adoption of
16emergency rules authorized by Section 5-45 and this Section is
17deemed to be necessary for the public interest, safety, and
18welfare.
19    This Section is repealed 2 years after the effective date
20of this amendatory Act of the 102nd General Assembly.
 
21    Section 10. The Secretary of State Act is amended by
22changing Section 5 as follows:
 

 

 

HB4861- 2 -LRB102 24080 RJF 33301 b

1    (15 ILCS 305/5)  (from Ch. 124, par. 5)
2    Sec. 5. It shall be the duty of the Secretary of State:
3        1. To countersign and affix the seal of state to all
4    commissions required by law to be issued by the Governor.
5        2. To make a register of all appointments by the
6    Governor, specifying the person appointed, the office
7    conferred, the date of the appointment, the date when bond
8    or oath is taken and the date filed. If Senate
9    confirmation is required, the date of the confirmation
10    shall be included in the register.
11        3. To make proper indexes to public acts, resolutions,
12    papers and documents in the Secretary's office.
13        3-a. To review all rules of all State agencies adopted
14    in compliance with the codification system prescribed by
15    the Secretary. The review shall be for the purposes and
16    include all the powers and duties provided in the Illinois
17    Administrative Procedure Act. The Secretary of State shall
18    cooperate with the Legislative Information System to
19    insure the accuracy of the text of the rules maintained
20    under the Legislative Information System Act.
21        4. To give any person requiring the same paying the
22    lawful fees therefor, a copy of any law, act, resolution,
23    record or paper in the Secretary's office, and attach
24    thereto the Secretary's certificate, under the seal of the
25    state.

 

 

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1        5. To take charge of and preserve from waste, and keep
2    in repair, the houses, lots, grounds and appurtenances,
3    situated in the City of Springfield, and belonging to or
4    occupied by the State, the care of which is not otherwise
5    provided for by law, and to take charge of and preserve
6    from waste, and keep in repair, the houses, lots, grounds
7    and appurtenances, situated in the State outside the City
8    of Springfield where such houses, lots, grounds and
9    appurtenances are occupied by the Secretary of State and
10    no other State officer or agency.
11        6. To supervise the distribution of the laws.
12        7. To perform such other duties as may be required by
13    law. The Secretary of State may, within appropriations
14    authorized by the General Assembly, maintain offices in
15    the State Capital and in such other places in the State as
16    the Secretary may deem necessary to properly carry out the
17    powers and duties vested in the Secretary by law.
18        8. In addition to all other authority granted to the
19    Secretary by law, subject to appropriation, to make grants
20    or otherwise provide assistance to, among others without
21    limitation, units of local government, school districts,
22    educational institutions, private agencies,
23    not-for-profit organizations, and for-profit entities for
24    the health, safety, and welfare of Illinois residents for
25    purposes related to education, transportation,
26    construction, capital improvements, social services, and

 

 

HB4861- 4 -LRB102 24080 RJF 33301 b

1    any other lawful public purpose. Upon request of the
2    Secretary, all State agencies are mandated to provide the
3    Secretary with assistance in administering the grants.
4        9. To notify the Auditor General of any Public Act
5    filed with the Office of the Secretary of State making an
6    appropriation or transfer of funds from the State
7    treasury. This paragraph (9) applies only through June 30,
8    2015.
9        10. To accept service of process only in those
10    specifically mandated areas of the law and as determined
11    by the General Assembly. The Secretary of State is not the
12    default agent for service of process in the State of
13    Illinois.
14        11. To appoint the Director of Employment Security and
15    have jurisdiction over the Department of Employment
16    Security as provided under Section 5-213 of the
17    Departments of State Government Law of the Civil
18    Administrative Code of Illinois, and all other related
19    duties.
20(Source: P.A. 102-591, eff. 1-1-22.)
 
21    Section 15. The Civil Administrative Code of Illinois is
22amended by changing Sections 5-125 and 5-540 and by adding
23Section 5-213 as follows:
 
24    (20 ILCS 5/5-125)  (was 20 ILCS 5/5.13i)

 

 

HB4861- 5 -LRB102 24080 RJF 33301 b

1    Sec. 5-125. In the Department of Employment Security. The
2board of review, which shall consist of 5 members, 2 of whom
3shall be representatives of a labor organization recognized
4under the National Labor Relations Act, 2 of whom shall be
5representative citizens chosen from the employing class, and
6one of whom shall be a representative citizen not identified
7with either the employing class or a labor organization.
8    Beginning July 1, 2023, the Secretary of State shall
9appoint the board of review as provided in this Section, and
10the board of review shall thereafter be under the jurisdiction
11of the Secretary of State and otherwise under the direction,
12supervision, and control of the Director of Employment
13Security.
14(Source: P.A. 101-384, eff. 1-1-20.)
 
15    (20 ILCS 5/5-213 new)
16    Sec. 5-213. Director of Employment Security. Beginning
17July 1, 2023, the Director of Employment Security shall be
18appointed by the Secretary of State, and the Department of
19Employment Security shall thereafter be a department under the
20jurisdiction of the Office of the Secretary of State. The
21Director of Employment Security shall possess all
22qualifications as prescribed by the Secretary of State.
 
23    (20 ILCS 5/5-540)  (was 20 ILCS 5/6.28 and 5/7.01)
24    Sec. 5-540. In the Department of Employment Security. An

 

 

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1Employment Security Advisory Board, composed of 12 persons. Of
2the 12 members of the Employment Security Advisory Board, 4
3members shall be chosen from a labor organization recognized
4under the National Labor Relations Act, 4 members shall be
5representative citizens chosen from the employing class, and 4
6members shall be representative citizens not identified with
7either the employing class or a labor organization.
8    Beginning July 1, 2023, the Secretary of State shall
9appoint the Employment Security Advisory Board as provided in
10this Section, and the Advisory Board shall thereafter be under
11the jurisdiction of the Secretary of State and otherwise under
12the direction, supervision, and control of the Director of
13Employment Security.
14(Source: P.A. 101-384, eff. 1-1-20.)
 
15    Section 20. The Department of Employment Security Law of
16the Civil Administrative Code of Illinois is amended by
17changing Sections 1005-115 and 1005-155 and by adding Section
181005-7 as follows:
 
19    (20 ILCS 1005/1005-7 new)
20    Sec. 1005-7. Secretary of State jurisdiction.
21    (a) Upon the appointment of a Director of Employment
22Security by the Secretary of State as provided under Section
235-213 of the Departments of State Government Law of the Civil
24Administrative Code of Illinois, the Department of Employment

 

 

HB4861- 7 -LRB102 24080 RJF 33301 b

1Security shall be a department under the jurisdiction of the
2Office of the Secretary of State.
3    (b) To aid in this jurisdictional transition, the
4Secretary of State may establish a transition committee for a
52-year duration to be appointed as prescribed by the Secretary
6of State. The committee shall study statutory and
7administrative changes related to this jurisdictional
8transition and make recommendations to the Secretary of State.
9    (c) The Secretary of State may adopt rules, including
10emergency rules, necessary to administer the Department of
11Employment Security as a department under the jurisdiction of
12the Office of the Secretary of State.
13    (d) The Office of the Governor shall coordinate with the
14Secretary of State as necessary to ensure the transition as
15provided under this Section.
 
16    (20 ILCS 1005/1005-115)  (was 20 ILCS 1005/43a.10)
17    Sec. 1005-115. Transfer of lands to other State agency;
18acquisition of federal lands. The Department has the power to
19transfer jurisdiction of any realty under the control of the
20Department to any other department of the State government or
21to acquire or accept federal lands when the transfer,
22acquisition, or acceptance is advantageous to the State and is
23approved in writing by the Secretary of State Governor.
24(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

HB4861- 8 -LRB102 24080 RJF 33301 b

1    (20 ILCS 1005/1005-155)
2    Sec. 1005-155. Illinois worknet Centers report. The
3Department of Employment Security, or the State agency
4responsible for the oversight of the federal Workforce
5Innovation and Opportunity Act if that agency is not the
6Department of Employment Security, shall prepare a report for
7the Secretary of State Governor and the General Assembly
8regarding the progress of the Illinois Employment and Training
9Centers in serving individuals with disabilities. The report
10must include, but is not limited to, the following: (i) the
11number of individuals referred to the Illinois Employment and
12Training Centers by the Department of Human Services Office of
13Rehabilitation Services; (ii) the total number of individuals
14with disabilities served by the Illinois Employment and
15Training Centers; (iii) the number of individuals with
16disabilities served in federal Workforce Innovation and
17Opportunity Act employment and training programs; (iv) the
18number of individuals with disabilities annually placed in
19jobs by the Illinois Employment and Training Centers; and (v)
20the number of individuals with disabilities referred by the
21Illinois Employment and Training Centers to the Department of
22Human Services Office of Rehabilitation Services. The report
23is due by December 31, 2004 based on the previous State program
24year of July 1 through June 30, and is due annually thereafter.
25"Individuals with disabilities" are defined as those who
26self-report as being qualified as disabled under the 1973

 

 

HB4861- 9 -LRB102 24080 RJF 33301 b

1Rehabilitation Act or the 1990 Americans with Disabilities
2Act, for the purposes of this Law.
3(Source: P.A. 99-143, eff. 7-27-15; 100-477, eff. 9-8-17.)