Rep. Jay Hoffman
Filed: 11/19/2024
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1 | AMENDMENT TO SENATE BILL 3410 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3410, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
6 | amended by changing Sections 5-45.56 and 5-45.57 as follows: | ||||||
7 | (5 ILCS 100/5-45.56) | ||||||
8 | (Section scheduled to be repealed on June 5, 2025) | ||||||
9 | Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid | ||||||
10 | Code. To provide for the expeditious and timely implementation | ||||||
11 | of the changes made to the Illinois Public Aid Code by this | ||||||
12 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
13 | implementing the changes made to that Code by this amendatory | ||||||
14 | Act of the 103rd General Assembly may be adopted in accordance | ||||||
15 | with Section 5-45 by the Department of Healthcare and Family | ||||||
16 | Services, the Department of Human Services, or other |
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1 | departments essential to the implementation of the changes. | ||||||
2 | The adoption of emergency rules authorized by Section 5-45 and | ||||||
3 | this Section is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | This Section is repealed on June 5, 2026 one year after the | ||||||
6 | effective date of this Section . | ||||||
7 | (Source: P.A. 103-588, eff. 6-5-24.) | ||||||
8 | (5 ILCS 100/5-45.57) | ||||||
9 | (Section scheduled to be repealed on June 5, 2025) | ||||||
10 | Sec. 5-45.57. Emergency rulemaking; rate increase for | ||||||
11 | direct support personnel and all frontline personnel. To | ||||||
12 | provide for the expeditious and timely implementation of the | ||||||
13 | changes made to Section 74 of the Mental Health and | ||||||
14 | Developmental Disabilities Administrative Act by this | ||||||
15 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
16 | implementing the changes made to Section 74 of the Mental | ||||||
17 | Health and Developmental Disabilities Administrative Act by | ||||||
18 | this amendatory Act of the 103rd General Assembly may be | ||||||
19 | adopted in accordance with Section 5-45 by the Department of | ||||||
20 | Human Services. The adoption of emergency rules authorized by | ||||||
21 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
22 | public interest, safety, and welfare. | ||||||
23 | This Section is repealed on June 5, 2026 one year after the | ||||||
24 | effective date of this Section . | ||||||
25 | (Source: P.A. 103-588, eff. 6-5-24.) |
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1 | Section 10. The Illinois Act on the Aging is amended by | ||||||
2 | changing Sections 7.09 and 8.10 as follows: | ||||||
3 | (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09) | ||||||
4 | Sec. 7.09. The Council shall have the following powers and | ||||||
5 | duties: | ||||||
6 | (1) review and comment upon reports of the Department | ||||||
7 | to the Governor and the General Assembly; | ||||||
8 | (2) prepare and submit to the Governor, the General | ||||||
9 | Assembly and the Director an annual report evaluating the | ||||||
10 | level and quality of all programs, services and facilities | ||||||
11 | provided to the aging by State agencies; | ||||||
12 | (3) review and comment upon the comprehensive state | ||||||
13 | plan prepared by the Department; | ||||||
14 | (4) review and comment upon disbursements by the | ||||||
15 | Department of public funds to private agencies; | ||||||
16 | (5) recommend candidates to the Governor for | ||||||
17 | appointment as Director of the Department; | ||||||
18 | (6) consult with the Director regarding the operations | ||||||
19 | of the Department; and | ||||||
20 | (7) review and support implementation of the | ||||||
21 | Commission's recommendations as identified in the | ||||||
22 | Commission's final report Second Report , which shall be | ||||||
23 | issued no later than March 30, 2026 2025 . | ||||||
24 | The requirement for reporting to the General Assembly |
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1 | shall be satisfied by filing copies of the report as required | ||||||
2 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
3 | filing such additional copies with the State Government Report | ||||||
4 | Distribution Center for the General Assembly as is required | ||||||
5 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
6 | (Source: P.A. 102-885, eff. 5-16-22.) | ||||||
7 | (20 ILCS 105/8.10) | ||||||
8 | (Section scheduled to be repealed on May 16, 2025) | ||||||
9 | Sec. 8.10. The Illinois Commission on LGBTQ Aging. | ||||||
10 | (a) Commission purpose. The Commission is created to | ||||||
11 | investigate, analyze, and study the health, housing, | ||||||
12 | financial, psychosocial, home-and-community-based services, | ||||||
13 | assisted living, and long-term care needs of LGBTQ older | ||||||
14 | adults and their caregivers. The Commission shall make | ||||||
15 | recommendations to improve access to benefits, services, and | ||||||
16 | supports for LGBTQ older adults and their caregivers. The | ||||||
17 | Commission, in formulating its recommendations, shall take | ||||||
18 | into account the best policies and practices in other states | ||||||
19 | and jurisdictions. Specifically, the Commission shall: | ||||||
20 | (1) Examine the impact of State and local laws, | ||||||
21 | policies, and regulations on LGBTQ older adults and make | ||||||
22 | recommendations to ensure equitable access, treatment, | ||||||
23 | care and benefits, and overall quality of life. | ||||||
24 | (2) Examine best practices for increasing access, | ||||||
25 | reducing isolation, preventing abuse and exploitation, |
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1 | promoting independence and self-determination, | ||||||
2 | strengthening caregiving, eliminating disparities, and | ||||||
3 | improving overall quality of life for LGBTQ older adults. | ||||||
4 | (3) Examine the impact of race, ethnicity, sex | ||||||
5 | assigned at birth, socioeconomic status, disability, | ||||||
6 | sexual orientation, gender identity, and other | ||||||
7 | characteristics on access to services for LGBTQ older | ||||||
8 | adults and make recommendations to ensure equitable | ||||||
9 | access, treatment, care, and benefits and overall quality | ||||||
10 | of life. | ||||||
11 | (4) Examine the experiences and needs of LGBTQ older | ||||||
12 | adults living with HIV/AIDS and make recommendations to | ||||||
13 | ensure equitable access, treatment, care, benefits, and | ||||||
14 | overall quality of life. | ||||||
15 | (5) Examine strategies to increase provider awareness | ||||||
16 | of the needs of LGBTQ older adults and their caregivers | ||||||
17 | and to improve the competence of and access to treatment, | ||||||
18 | services, and ongoing care, including preventive care. | ||||||
19 | (6) Examine the feasibility of developing statewide | ||||||
20 | training curricula to improve provider competency in the | ||||||
21 | delivery of culturally responsive health, housing, and | ||||||
22 | long-term support services to LGBTQ older adults and their | ||||||
23 | caregivers. | ||||||
24 | (7) Assess the funding and programming needed to | ||||||
25 | enhance services to the growing population of LGBTQ older | ||||||
26 | adults. |
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1 | (8) Examine whether certain policies and practices, or | ||||||
2 | the absence thereof, promote the premature admission of | ||||||
3 | LGBTQ older adults to institutional care, and examine | ||||||
4 | whether potential cost-savings exist for LGBTQ older | ||||||
5 | adults as a result of providing lower cost and culturally | ||||||
6 | responsive home and community-based alternatives to | ||||||
7 | institutional care. | ||||||
8 | (9) Examine outreach protocols to reduce apprehension | ||||||
9 | among LGBTQ older adults and caregivers of utilizing | ||||||
10 | mainstream providers. | ||||||
11 | (10) Evaluate the implementation status of Public Act | ||||||
12 | 101-325. | ||||||
13 | (11) Evaluate the implementation status of Public Act | ||||||
14 | 102-543, examine statewide strategies for the collection | ||||||
15 | of sexual orientation and gender identity data and the | ||||||
16 | impact of these strategies on the provision of services to | ||||||
17 | LGBTQ older adults, and conduct a statewide survey | ||||||
18 | designed to approximate the number of LGBTQ older adults | ||||||
19 | in the State and collect demographic information (if | ||||||
20 | resources allow for the implementation of a survey | ||||||
21 | instrument). | ||||||
22 | (b) Commission members. | ||||||
23 | (1) The Commission shall include at least all of the | ||||||
24 | following persons who must be appointed by the Governor | ||||||
25 | within 60 days after the effective date of this amendatory | ||||||
26 | Act of the 102nd General Assembly: |
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1 | (A) one member from a statewide organization that | ||||||
2 | advocates for older adults; | ||||||
3 | (B) one member from a national organization that | ||||||
4 | advocates for LGBTQ older adults; | ||||||
5 | (C) one member from a community-based, multi-site | ||||||
6 | healthcare organization founded to serve LGBTQ people; | ||||||
7 | (D) the director of senior services from a | ||||||
8 | community center serving LGBTQ people, or the | ||||||
9 | director's designee; | ||||||
10 | (E) one member from an HIV/AIDS service | ||||||
11 | organization; | ||||||
12 | (F) one member from an organization that is a | ||||||
13 | project incubator and think tank that is focused on | ||||||
14 | action that leads to improved outcomes and | ||||||
15 | opportunities for LGBTQ communities; | ||||||
16 | (G) one member from a labor organization that | ||||||
17 | provides care and services for older adults in | ||||||
18 | long-term care facilities; | ||||||
19 | (H) one member from a statewide association | ||||||
20 | representing long-term care facilities; | ||||||
21 | (I) 5 members from organizations that serve Black, | ||||||
22 | Asian-American, Pacific Islander, Indigenous, or | ||||||
23 | Latinx LGBTQ people; | ||||||
24 | (J) one member from a statewide organization for | ||||||
25 | people with disabilities; and | ||||||
26 | (K) 10 LGBTQ older adults, including at least: |
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1 | (i) 3 members who are transgender or | ||||||
2 | gender-expansive individuals; | ||||||
3 | (ii) 2 members who are older adults living | ||||||
4 | with HIV; | ||||||
5 | (iii) one member who is Two-Spirit; | ||||||
6 | (iv) one member who is an African-American or | ||||||
7 | Black individual; | ||||||
8 | (v) one member who is a Latinx individual; | ||||||
9 | (vi) one member who is an Asian-American or | ||||||
10 | Pacific Islander individual; and | ||||||
11 | (vii) one member who is an ethnically diverse | ||||||
12 | individual. | ||||||
13 | (2) The following State agencies shall each designate | ||||||
14 | one representative to serve as an ex officio member of the | ||||||
15 | Commission: the Department, the Department of Public | ||||||
16 | Health, the Department of Human Services, the Department | ||||||
17 | of Healthcare and Family Services, and the Department of | ||||||
18 | Veterans' Affairs. | ||||||
19 | (3) Appointing authorities shall ensure, to the | ||||||
20 | maximum extent practicable, that the Commission is diverse | ||||||
21 | with respect to race, ethnicity, age, sexual orientation, | ||||||
22 | gender identity, gender expression, and geography. | ||||||
23 | (4) Members of the Commission shall serve until this | ||||||
24 | Section is repealed. Members shall continue to serve until | ||||||
25 | their successors are appointed. Any vacancy shall be | ||||||
26 | filled by the appointing authority. Any vacancy occurring |
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1 | other than by the dissolution of the Commission shall be | ||||||
2 | filled for the balance of the unexpired term. Members of | ||||||
3 | the Commission shall serve without compensation but shall | ||||||
4 | be reimbursed for expenses necessarily incurred in the | ||||||
5 | performance of their duties. | ||||||
6 | (c) Commission organization. The Commission shall provide | ||||||
7 | for its organization and procedure, including selection of the | ||||||
8 | chairperson and vice-chairperson. A majority of the Commission | ||||||
9 | shall constitute a quorum for the transaction of business. | ||||||
10 | Administrative and other support for the Commission shall be | ||||||
11 | provided by the Department. Any State agency under the | ||||||
12 | jurisdiction of the Governor shall provide testimony and | ||||||
13 | information as directed by the Commission. | ||||||
14 | (d) Meetings and reports. The Commission shall: | ||||||
15 | (1) Hold at least one public meeting per quarter. | ||||||
16 | Public meetings may be virtually conducted. | ||||||
17 | (2) Prepare and No later than March 30, 2023, submit | ||||||
18 | an annual report a First Report to the Governor, the | ||||||
19 | Illinois General Assembly , the Director, and the Illinois | ||||||
20 | Council on Aging that details the progress made toward | ||||||
21 | achieving the Commission's stated objectives and that | ||||||
22 | contains findings and recommendations, including any | ||||||
23 | recommended legislation. The annual report First Report | ||||||
24 | shall be made available to the public on the Department's | ||||||
25 | publicly accessible website. | ||||||
26 | (3) Submit, by no later than March 30, 2026, No later |
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1 | than March 30, 2025, submit a final report Second Report | ||||||
2 | in the same manner as an annual report, detailing the work | ||||||
3 | the Commission has done since its inception and providing | ||||||
4 | the First Report, containing updates to the findings and | ||||||
5 | recommendations , including any recommended legislation | ||||||
6 | contained in the First Report . The final report Second | ||||||
7 | Report shall be made available to the public on the | ||||||
8 | Department's publicly accessible website. | ||||||
9 | The Department and Commission may collaborate with an | ||||||
10 | institution of higher education in Illinois to compile the | ||||||
11 | reports required under this Section First Report and Second | ||||||
12 | Report . | ||||||
13 | (e) This Section is repealed May 16, 2026 3 years after the | ||||||
14 | effective date of this amendatory Act of the 102nd General | ||||||
15 | Assembly . | ||||||
16 | (Source: P.A. 102-885, eff. 5-16-22.) | ||||||
17 | Section 15. The Department of Commerce and Economic | ||||||
18 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
19 | is amended by changing Section 605-1110 as follows: | ||||||
20 | (20 ILCS 605/605-1110) | ||||||
21 | (Section scheduled to be repealed on January 1, 2025) | ||||||
22 | Sec. 605-1110. Student Career Development Liability | ||||||
23 | Insurance Advisory Committee. | ||||||
24 | (a) The Student Career Development Liability Insurance |
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1 | Advisory Committee is hereby created within the Department of | ||||||
2 | Commerce and Economic Opportunity. The Committee shall issue a | ||||||
3 | report to the Governor and the General Assembly containing | ||||||
4 | recommendations for providing liability insurance to (i) | ||||||
5 | public high school students who participate in a career | ||||||
6 | development experience or apprenticeship program and community | ||||||
7 | college students who participate in a career development | ||||||
8 | experience or apprenticeship program and (ii) public school | ||||||
9 | teachers who participate in externship programs and community | ||||||
10 | college faculty who participate in externship programs. The | ||||||
11 | report shall be submitted to the Governor and the General | ||||||
12 | Assembly no later than December 31, 2023. The Department of | ||||||
13 | Commerce and Economic Opportunity shall provide administrative | ||||||
14 | support to the Committee. | ||||||
15 | (b) The Student Career Development Liability Insurance | ||||||
16 | Advisory Committee shall consist of the following members: | ||||||
17 | (1) the Director of Commerce and Economic Opportunity | ||||||
18 | or his or her designee; | ||||||
19 | (2) one member representing the State Board of | ||||||
20 | Education, appointed by the State Superintendent of | ||||||
21 | Education; | ||||||
22 | (3) one member representing the Illinois Community | ||||||
23 | College Board, appointed by the Chairman of the Illinois | ||||||
24 | Community College Board; | ||||||
25 | (4) one member of the General Assembly, appointed by | ||||||
26 | the Speaker of the House of Representatives; |
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1 | (5) one member of the General Assembly, appointed by | ||||||
2 | the House Minority Leader; | ||||||
3 | (6) one member of the General Assembly, appointed by | ||||||
4 | the Senate President; | ||||||
5 | (7) one member of the General Assembly, appointed by | ||||||
6 | the Senate Minority Leader; | ||||||
7 | (8) 2 members of a statewide association representing | ||||||
8 | manufacturers, appointed by the Governor; | ||||||
9 | (9) 2 members of a statewide association representing | ||||||
10 | the insurance industry, appointed by the Governor; and | ||||||
11 | (10) 2 members who represent unionized State | ||||||
12 | employees, appointed by the Governor. | ||||||
13 | Members of the Committee shall serve without compensation | ||||||
14 | but may be reimbursed for necessary expenses incurred in the | ||||||
15 | performance of their duties. Vacancies on the Committee shall | ||||||
16 | be filled by the original appointing authority. | ||||||
17 | (c) This Section is repealed on January 1, 2026 2025 . | ||||||
18 | (Source: P.A. 103-353, eff. 7-28-23.) | ||||||
19 | Section 20. The Department of Transportation Law of the | ||||||
20 | Civil Administrative Code of Illinois is amended by changing | ||||||
21 | Section 2705-211 as follows: | ||||||
22 | (20 ILCS 2705/2705-211) | ||||||
23 | (Section scheduled to be repealed on January 1, 2026) | ||||||
24 | Sec. 2705-211. Zero Traffic Fatalities Task Force. |
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1 | (a) On or before July 1, 2025 2024 , the Secretary of | ||||||
2 | Transportation shall establish and convene the Zero Traffic | ||||||
3 | Fatalities Task Force to develop a structured, coordinated | ||||||
4 | process for early engagement of all parties to develop | ||||||
5 | policies to reduce traffic fatalities to zero. | ||||||
6 | (b) The members of the Task Force shall include: | ||||||
7 | (1) the Secretary of Transportation, or the | ||||||
8 | Secretary's designee, who shall serve as Chair of the Task | ||||||
9 | Force; | ||||||
10 | (2) the Director of State Police, or the Director's | ||||||
11 | designee; | ||||||
12 | (3) the Secretary of State, or the Secretary's | ||||||
13 | designee; | ||||||
14 | (4) the Director of Public Health, or the Director's | ||||||
15 | designee; | ||||||
16 | (5) a member from 3 different public universities in | ||||||
17 | this State, appointed by the Governor; | ||||||
18 | (6) a representative of a statewide motorcycle safety | ||||||
19 | organization, appointed by the Governor; | ||||||
20 | (7) a representative of a statewide motorist service | ||||||
21 | membership organization, appointed by the Governor; | ||||||
22 | (8) a representative of a statewide transportation | ||||||
23 | advocacy organization, appointed by the Governor; | ||||||
24 | (9) a representative of a bicycle safety organization, | ||||||
25 | appointed by the Governor; | ||||||
26 | (10) a representative of a statewide organization |
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1 | representing municipalities, appointed by the Governor; | ||||||
2 | and | ||||||
3 | (11) a representative of a statewide labor | ||||||
4 | organization, appointed by the Governor. | ||||||
5 | (c) The Secretary of Transportation shall prepare and | ||||||
6 | submit a report of findings based on the Zero Traffic | ||||||
7 | Fatalities Task Force's efforts to the General Assembly on or | ||||||
8 | before January 1, 2026 2025 . The report shall include, but is | ||||||
9 | not limited to, a detailed analysis of the following issues: | ||||||
10 | (1) The existing process for establishing speed | ||||||
11 | limits, including a detailed discussion on where speed | ||||||
12 | limits are allowed to deviate from the 85th percentile. | ||||||
13 | (2) Existing policies on how to reduce speeds on local | ||||||
14 | streets and roads. | ||||||
15 | (3) A recommendation as to whether an alternative to | ||||||
16 | the use of the 85th percentile as a method for determining | ||||||
17 | speed limits should be considered, and if so, what | ||||||
18 | alternatives should be looked at. | ||||||
19 | (4) Engineering recommendations on how to increase | ||||||
20 | vehicular, pedestrian, and bicycle safety. | ||||||
21 | (5) Additional steps that can be taken to eliminate | ||||||
22 | vehicular, pedestrian, and bicycle fatalities on the road. | ||||||
23 | (6) Existing reports and analyses on calculating the | ||||||
24 | 85th percentile at the local, State, national, and | ||||||
25 | international levels. | ||||||
26 | (7) Usage of the 85th percentile in urban and rural |
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1 | settings. | ||||||
2 | (8) How local bicycle and pedestrian plans affect the | ||||||
3 | 85th percentile. | ||||||
4 | (d) This Section is repealed on January 1, 2027 2026 . | ||||||
5 | (Source: P.A. 103-295, eff. 7-28-23.) | ||||||
6 | Section 25. The Illinois Power Agency Act is amended by | ||||||
7 | changing Section 1-130 as follows: | ||||||
8 | (20 ILCS 3855/1-130) | ||||||
9 | (Section scheduled to be repealed on January 1, 2025) | ||||||
10 | Sec. 1-130. Home rule preemption. | ||||||
11 | (a) The authorization to impose any new taxes or fees | ||||||
12 | specifically related to the generation of electricity by, the | ||||||
13 | capacity to generate electricity by, or the emissions into the | ||||||
14 | atmosphere by electric generating facilities after the | ||||||
15 | effective date of this Act is an exclusive power and function | ||||||
16 | of the State. A home rule unit may not levy any new taxes or | ||||||
17 | fees specifically related to the generation of electricity by, | ||||||
18 | the capacity to generate electricity by, or the emissions into | ||||||
19 | the atmosphere by electric generating facilities after the | ||||||
20 | effective date of this Act. This Section is a denial and | ||||||
21 | limitation on home rule powers and functions under subsection | ||||||
22 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
23 | (b) This Section is repealed on January 1, 2026 2025 . | ||||||
24 | (Source: P.A. 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22; |
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1 | 103-563, eff. 11-17-23.) | ||||||
2 | Section 30. The Illinois Income Tax Act is amended by | ||||||
3 | changing Section 231 as follows: | ||||||
4 | (35 ILCS 5/231) | ||||||
5 | Sec. 231. Apprenticeship education expense credit. | ||||||
6 | (a) As used in this Section: | ||||||
7 | "Department" means the Department of Commerce and Economic | ||||||
8 | Opportunity. | ||||||
9 | "Employer" means an Illinois taxpayer who is the employer | ||||||
10 | of the qualifying apprentice. | ||||||
11 | "Qualifying apprentice" means an individual who: (i) is a | ||||||
12 | resident of the State of Illinois; (ii) is at least 16 years | ||||||
13 | old at the close of the school year for which a credit is | ||||||
14 | sought; (iii) during the school year for which a credit is | ||||||
15 | sought, was a full-time apprentice enrolled in an | ||||||
16 | apprenticeship program which is registered with the United | ||||||
17 | States Department of Labor, Office of Apprenticeship; and (iv) | ||||||
18 | is employed in Illinois by the taxpayer who is the employer. | ||||||
19 | "Qualified education expense" means the amount incurred on | ||||||
20 | behalf of a qualifying apprentice not to exceed $3,500 for | ||||||
21 | tuition, book fees, and lab fees at the school or community | ||||||
22 | college in which the apprentice is enrolled during the regular | ||||||
23 | school year. | ||||||
24 | "School" means any public or nonpublic secondary school in |
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1 | Illinois that is: (i) an institution of higher education that | ||||||
2 | provides a program that leads to an industry-recognized | ||||||
3 | postsecondary credential or degree; (ii) an entity that | ||||||
4 | carries out programs registered under the federal National | ||||||
5 | Apprenticeship Act; or (iii) another public or private | ||||||
6 | provider of a program of training services, which may include | ||||||
7 | a joint labor-management organization. | ||||||
8 | (b) For taxable years beginning on or after January 1, | ||||||
9 | 2020, and beginning on or before January 1, 2026 2025 , the | ||||||
10 | employer of one or more qualifying apprentices shall be | ||||||
11 | allowed a credit against the tax imposed by subsections (a) | ||||||
12 | and (b) of Section 201 of the Illinois Income Tax Act for | ||||||
13 | qualified education expenses incurred on behalf of a | ||||||
14 | qualifying apprentice. The credit shall be equal to 100% of | ||||||
15 | the qualified education expenses, but in no event may the | ||||||
16 | total credit amount awarded to a single taxpayer in a single | ||||||
17 | taxable year exceed $3,500 per qualifying apprentice. A | ||||||
18 | taxpayer shall be entitled to an additional $1,500 credit | ||||||
19 | against the tax imposed by subsections (a) and (b) of Section | ||||||
20 | 201 of the Illinois Income Tax Act if (i) the qualifying | ||||||
21 | apprentice resides in an underserved area as defined in | ||||||
22 | Section 5-5 of the Economic Development for a Growing Economy | ||||||
23 | Tax Credit Act during the school year for which a credit is | ||||||
24 | sought by an employer or (ii) the employer's principal place | ||||||
25 | of business is located in an underserved area, as defined in | ||||||
26 | Section 5-5 of the Economic Development for a Growing Economy |
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1 | Tax Credit Act. In no event shall a credit under this Section | ||||||
2 | reduce the taxpayer's liability under this Act to less than | ||||||
3 | zero. For taxable years ending before December 31, 2023, for | ||||||
4 | partners, shareholders of Subchapter S corporations, and | ||||||
5 | owners of limited liability companies, if the liability | ||||||
6 | company is treated as a partnership for purposes of federal | ||||||
7 | and State income taxation, there shall be allowed a credit | ||||||
8 | under this Section to be determined in accordance with the | ||||||
9 | determination of income and distributive share of income under | ||||||
10 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
11 | Code. For taxable years ending on or after December 31, 2023, | ||||||
12 | partners and shareholders of subchapter S corporations are | ||||||
13 | entitled to a credit under this Section as provided in Section | ||||||
14 | 251. | ||||||
15 | (c) The Department shall implement a program to certify | ||||||
16 | applicants for an apprenticeship credit under this Section. | ||||||
17 | Upon satisfactory review, the Department shall issue a tax | ||||||
18 | credit certificate to an employer incurring costs on behalf of | ||||||
19 | a qualifying apprentice stating the amount of the tax credit | ||||||
20 | to which the employer is entitled. If the employer is seeking a | ||||||
21 | tax credit for multiple qualifying apprentices, the Department | ||||||
22 | may issue a single tax credit certificate that encompasses the | ||||||
23 | aggregate total of tax credits for qualifying apprentices for | ||||||
24 | a single employer. | ||||||
25 | (d) The Department, in addition to those powers granted | ||||||
26 | under the Civil Administrative Code of Illinois, is granted |
| |||||||
| |||||||
1 | and shall have all the powers necessary or convenient to carry | ||||||
2 | out and effectuate the purposes and provisions of this | ||||||
3 | Section, including, but not limited to, power and authority | ||||||
4 | to: | ||||||
5 | (1) Adopt rules deemed necessary and appropriate for | ||||||
6 | the administration of this Section; establish forms for | ||||||
7 | applications, notifications, contracts, or any other | ||||||
8 | agreements; and accept applications at any time during the | ||||||
9 | year and require that all applications be submitted via | ||||||
10 | the Internet. The Department shall require that | ||||||
11 | applications be submitted in electronic form. | ||||||
12 | (2) Provide guidance and assistance to applicants | ||||||
13 | pursuant to the provisions of this Section and cooperate | ||||||
14 | with applicants to promote, foster, and support job | ||||||
15 | creation within the State. | ||||||
16 | (3) Enter into agreements and memoranda of | ||||||
17 | understanding for participation of and engage in | ||||||
18 | cooperation with agencies of the federal government, units | ||||||
19 | of local government, universities, research foundations or | ||||||
20 | institutions, regional economic development corporations, | ||||||
21 | or other organizations for the purposes of this Section. | ||||||
22 | (4) Gather information and conduct inquiries, in the | ||||||
23 | manner and by the methods it deems desirable, including, | ||||||
24 | without limitation, gathering information with respect to | ||||||
25 | applicants for the purpose of making any designations or | ||||||
26 | certifications necessary or desirable or to gather |
| |||||||
| |||||||
1 | information in furtherance of the purposes of this Act. | ||||||
2 | (5) Establish, negotiate, and effectuate any term, | ||||||
3 | agreement, or other document with any person necessary or | ||||||
4 | appropriate to accomplish the purposes of this Section, | ||||||
5 | and consent, subject to the provisions of any agreement | ||||||
6 | with another party, to the modification or restructuring | ||||||
7 | of any agreement to which the Department is a party. | ||||||
8 | (6) Provide for sufficient personnel to permit | ||||||
9 | administration, staffing, operation, and related support | ||||||
10 | required to adequately discharge its duties and | ||||||
11 | responsibilities described in this Section from funds made | ||||||
12 | available through charges to applicants or from funds as | ||||||
13 | may be appropriated by the General Assembly for the | ||||||
14 | administration of this Section. | ||||||
15 | (7) Require applicants, upon written request, to issue | ||||||
16 | any necessary authorization to the appropriate federal, | ||||||
17 | State, or local authority or any other person for the | ||||||
18 | release to the Department of information requested by the | ||||||
19 | Department, including, but not be limited to, financial | ||||||
20 | reports, returns, or records relating to the applicant or | ||||||
21 | to the amount of credit allowable under this Section. | ||||||
22 | (8) Require that an applicant shall, at all times, | ||||||
23 | keep proper books of record and account in accordance with | ||||||
24 | generally accepted accounting principles consistently | ||||||
25 | applied, with the books, records, or papers related to the | ||||||
26 | agreement in the custody or control of the applicant open |
| |||||||
| |||||||
1 | for reasonable Department inspection and audits, | ||||||
2 | including, without limitation, the making of copies of the | ||||||
3 | books, records, or papers. | ||||||
4 | (9) Take whatever actions are necessary or appropriate | ||||||
5 | to protect the State's interest in the event of | ||||||
6 | bankruptcy, default, foreclosure, or noncompliance with | ||||||
7 | the terms and conditions of financial assistance or | ||||||
8 | participation required under this Section or any agreement | ||||||
9 | entered into under this Section, including the power to | ||||||
10 | sell, dispose of, lease, or rent, upon terms and | ||||||
11 | conditions determined by the Department to be appropriate, | ||||||
12 | real or personal property that the Department may recover | ||||||
13 | as a result of these actions. | ||||||
14 | (e) The Department, in consultation with the Department of | ||||||
15 | Revenue, shall adopt rules to administer this Section. The | ||||||
16 | aggregate amount of the tax credits that may be claimed under | ||||||
17 | this Section for qualified education expenses incurred by an | ||||||
18 | employer on behalf of a qualifying apprentice shall be limited | ||||||
19 | to $5,000,000 per calendar year. If applications for a greater | ||||||
20 | amount are received, credits shall be allowed on a first-come | ||||||
21 | first-served basis, based on the date on which each properly | ||||||
22 | completed application for a certificate of eligibility is | ||||||
23 | received by the Department. If more than one certificate is | ||||||
24 | received on the same day, the credits will be awarded based on | ||||||
25 | the time of submission for that particular day. | ||||||
26 | (f) An employer may not sell or otherwise transfer a |
| |||||||
| |||||||
1 | credit awarded under this Section to another person or | ||||||
2 | taxpayer. | ||||||
3 | (g) The employer shall provide the Department such | ||||||
4 | information as the Department may require, including but not | ||||||
5 | limited to: (i) the name, age, and taxpayer identification | ||||||
6 | number of each qualifying apprentice employed by the taxpayer | ||||||
7 | during the taxable year; (ii) the amount of qualified | ||||||
8 | education expenses incurred with respect to each qualifying | ||||||
9 | apprentice; and (iii) the name of the school at which the | ||||||
10 | qualifying apprentice is enrolled and the qualified education | ||||||
11 | expenses are incurred. | ||||||
12 | (h) On or before July 1 of each year, the Department shall | ||||||
13 | report to the Governor and the General Assembly on the tax | ||||||
14 | credit certificates awarded under this Section for the prior | ||||||
15 | calendar year. The report must include: | ||||||
16 | (1) the name of each employer awarded or allocated a | ||||||
17 | credit; | ||||||
18 | (2) the number of qualifying apprentices for whom the | ||||||
19 | employer has incurred qualified education expenses; | ||||||
20 | (3) the North American Industry Classification System | ||||||
21 | (NAICS) code applicable to each employer awarded or | ||||||
22 | allocated a credit; | ||||||
23 | (4) the amount of the credit awarded or allocated to | ||||||
24 | each employer; | ||||||
25 | (5) the total number of employers awarded or allocated | ||||||
26 | a credit; |
| |||||||
| |||||||
1 | (6) the total number of qualifying apprentices for | ||||||
2 | whom employers receiving credits under this Section | ||||||
3 | incurred qualified education expenses; and | ||||||
4 | (7) the average cost to the employer of all | ||||||
5 | apprenticeships receiving credits under this Section. | ||||||
6 | (Source: P.A. 102-558, eff. 8-20-21; 103-396, eff. 1-1-24 .) | ||||||
7 | Section 35. The Counties Code is amended by changing | ||||||
8 | Section 3-4013 as follows: | ||||||
9 | (55 ILCS 5/3-4013) | ||||||
10 | (Section scheduled to be repealed on December 31, 2024) | ||||||
11 | Sec. 3-4013. Public Defender Quality Defense Task Force. | ||||||
12 | (a) The Public Defender Quality Defense Task Force is | ||||||
13 | established to: (i) examine the current caseload and determine | ||||||
14 | the optimal caseload for public defenders in the State; (ii) | ||||||
15 | examine the quality of legal services being offered to | ||||||
16 | defendants by public defenders of the State; (iii) make | ||||||
17 | recommendations to improve the caseload of public defenders | ||||||
18 | and quality of legal services offered by public defenders; and | ||||||
19 | (iv) provide recommendations to the General Assembly and | ||||||
20 | Governor on legislation to provide for an effective public | ||||||
21 | defender system throughout the State and encourage the active | ||||||
22 | and substantial participation of the private bar in the | ||||||
23 | representation of accused people. | ||||||
24 | (b) The following members shall be appointed to the Task |
| |||||||
| |||||||
1 | Force by the Governor no later than 30 days after the effective | ||||||
2 | date of this amendatory Act of the 102nd General Assembly: | ||||||
3 | (1) 2 assistant public defenders from the Office of | ||||||
4 | the Cook County Public Defender. | ||||||
5 | (2) 5 public defenders or assistant public defenders | ||||||
6 | from 5 counties other than Cook County. | ||||||
7 | (3) One Cook County circuit judge experienced in the | ||||||
8 | litigation of criminal law matters. | ||||||
9 | (4) One circuit judge from outside of Cook County | ||||||
10 | experienced in the litigation of criminal law matters. | ||||||
11 | (5) One representative from the Office of the State | ||||||
12 | Appellate Defender. | ||||||
13 | Task Force members shall serve without compensation but | ||||||
14 | may be reimbursed for their expenses incurred in performing | ||||||
15 | their duties. If a vacancy occurs in the Task Force | ||||||
16 | membership, the vacancy shall be filled in the same manner as | ||||||
17 | the original appointment for the remainder of the Task Force. | ||||||
18 | (c) The Task Force shall hold a minimum of 2 public | ||||||
19 | hearings. At the public hearings, the Task Force shall take | ||||||
20 | testimony of public defenders, former criminal defendants | ||||||
21 | represented by public defenders, and any other person the Task | ||||||
22 | Force believes would aid the Task Force's examination and | ||||||
23 | recommendations under subsection (a). The Task may meet as | ||||||
24 | such other times as it deems appropriate. | ||||||
25 | (d) The Office of the State Appellate Defender shall | ||||||
26 | provide administrative and other support to the Task Force. |
| |||||||
| |||||||
1 | (e) The Task Force shall prepare a report that summarizes | ||||||
2 | its work and makes recommendations resulting from its study. | ||||||
3 | The Task Force shall submit the report of its findings and | ||||||
4 | recommendations to the Governor and the General Assembly no | ||||||
5 | later than December 31, 2023. | ||||||
6 | (f) This Section is repealed on January 1, 2026 December | ||||||
7 | 31, 2024 . | ||||||
8 | (Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.) | ||||||
9 | Section 40. The Park Commissioners Land Sale Act is | ||||||
10 | amended by changing Section 20 as follows: | ||||||
11 | (70 ILCS 1235/20) | ||||||
12 | (Section scheduled to be repealed on January 1, 2025) | ||||||
13 | Sec. 20. Elliot Golf Course. | ||||||
14 | (a) Notwithstanding any other provision of law, the | ||||||
15 | Rockford Park District may sell all or part of the property | ||||||
16 | containing the former Elliot Golf Course or other property | ||||||
17 | adjacent thereto if: | ||||||
18 | (1) the board of commissioners of the Rockford Park | ||||||
19 | District authorizes the sale by a vote of 80% or more of | ||||||
20 | all commissioners in office at the time of the vote; and | ||||||
21 | (2) the sale price equals or exceeds the average of 3 | ||||||
22 | independent appraisals commissioned by the Rockford Park | ||||||
23 | District. | ||||||
24 | (b) The sale may be performed in a single transaction or |
| |||||||
| |||||||
1 | multiple independent transactions and to one or more buyers. | ||||||
2 | (c) The Public Works Department of the City of Rockford | ||||||
3 | shall have the right to review any proposed development plan | ||||||
4 | that is submitted to the Village of Cherry Valley for the | ||||||
5 | properties described in this Section in order to confirm that | ||||||
6 | the proposed development plan does not adversely impact | ||||||
7 | drainage, water detention, or flooding on the property legally | ||||||
8 | described in the perpetual flowage easement recorded as | ||||||
9 | Document Number 9509260 in the Office of the Winnebago County | ||||||
10 | Recorder on March 17, 1995. The Public Works Department of the | ||||||
11 | City of Rockford shall complete its review of any proposed | ||||||
12 | development plan under this subsection (c) within 45 days | ||||||
13 | after its receipt of that plan from the Village of Cherry | ||||||
14 | Valley. | ||||||
15 | (d) This Section is repealed January 1, 2026 2025 . | ||||||
16 | (Source: P.A. 102-923, eff. 5-27-22.) | ||||||
17 | Section 43. The Out-of-State Person Subject to Involuntary | ||||||
18 | Admission on an Inpatient Basis Mental Health Treatment Act is | ||||||
19 | amended by changing Section 45 as follows: | ||||||
20 | (405 ILCS 110/45) | ||||||
21 | (Section scheduled to be repealed on January 1, 2025) | ||||||
22 | Sec. 45. Repeal. This Act is repealed on January 1, 2026 | ||||||
23 | 2025 . | ||||||
24 | (Source: P.A. 100-12, eff. 7-1-17; 101-472, eff. 8-23-19.) |
| |||||||
| |||||||
1 | Section 45. The Reimagine Public Safety Act is amended by | ||||||
2 | changing Section 35-25 as follows: | ||||||
3 | (430 ILCS 69/35-25) | ||||||
4 | Sec. 35-25. Integrated violence prevention and other | ||||||
5 | services. | ||||||
6 | (a) Subject to appropriation, for municipalities with | ||||||
7 | 1,000,000 or more residents, the Office of Firearm Violence | ||||||
8 | Prevention shall make grants to violence prevention | ||||||
9 | organizations for evidence-based violence prevention services. | ||||||
10 | Approved technical assistance and training providers shall | ||||||
11 | create learning communities for the exchange of information | ||||||
12 | between community-based organizations in the same or similar | ||||||
13 | fields. Firearm violence prevention organizations shall | ||||||
14 | prioritize individuals at the highest risk of firearm violence | ||||||
15 | victimization and provide these individuals with | ||||||
16 | evidence-based comprehensive services that reduce their | ||||||
17 | exposure to chronic firearm violence. | ||||||
18 | (a-5) Grants may be awarded under this Act to Reimagine | ||||||
19 | Public Safety grantees or their subgrantees to provide any one | ||||||
20 | or more of the following services to Reimagine Public Safety | ||||||
21 | program participants or credible messengers: | ||||||
22 | (1) Behavioral health services, including clinical | ||||||
23 | interventions, crisis interventions, and group counseling | ||||||
24 | supports, such as peer support groups, social-emotional |
| |||||||
| |||||||
1 | learning supports, including skill building for anger | ||||||
2 | management, de-escalation, sensory stabilization, coping | ||||||
3 | strategies, and thoughtful decision-making, short-term | ||||||
4 | clinical individual sessions, psycho-social assessments, | ||||||
5 | and motivational interviewing. | ||||||
6 | (A) Funds awarded under this paragraph may be used | ||||||
7 | for behavioral health services until July 1, 2025 | ||||||
8 | 2024 . | ||||||
9 | (B) Any community violence prevention service | ||||||
10 | provider being reimbursed from funds awarded under | ||||||
11 | this paragraph for behavioral health services must | ||||||
12 | also file a plan to become Medicaid certified for | ||||||
13 | violence prevention-community support team services | ||||||
14 | under the Illinois Medicaid program on or before July | ||||||
15 | 1, 2025 2024 . | ||||||
16 | (2) Capacity-building services, including | ||||||
17 | administrative and programmatic support, services, and | ||||||
18 | resources, such as subcontract development, budget | ||||||
19 | development, grant monitoring and reporting, and fiscal | ||||||
20 | sponsorship. Capacity-building services financed with | ||||||
21 | grants awarded under this Act may also include intensive | ||||||
22 | training and technical assistance focused on Community | ||||||
23 | Violence Intervention (CVI) not-for-profit business | ||||||
24 | operations, best practice delivery of firearm violence | ||||||
25 | prevention services, and assistance with administering and | ||||||
26 | meeting fiscal reporting or auditing requirements. |
| |||||||
| |||||||
1 | Capacity-building services financed with grants awarded | ||||||
2 | under this Act must be directed to a current or potential | ||||||
3 | Reimagine Public Safety firearm violence prevention | ||||||
4 | provider and cannot exceed 20% of potential funds awarded | ||||||
5 | to the relevant provider or future provider. | ||||||
6 | (3) Legal aid services, including funding for staff | ||||||
7 | attorneys and paralegals to provide education, training, | ||||||
8 | legal services, and advocacy for program recipients. Legal | ||||||
9 | aid services that may be provided with grant funds awarded | ||||||
10 | under this Act include "Know Your Rights" clinics, | ||||||
11 | trainings targeting returning citizens and families | ||||||
12 | impacted by incarceration, and long-term legal efforts | ||||||
13 | addressing expungement, civil rights, family law, housing, | ||||||
14 | employment, and victim rights. Legal aid services provided | ||||||
15 | with grant funds awarded under this Act shall not be | ||||||
16 | directed toward criminal justice issues. | ||||||
17 | (4) Housing services, including grants for emergency | ||||||
18 | and temporary housing for individuals at immediate risk of | ||||||
19 | firearm violence, except that grant funding provided under | ||||||
20 | this paragraph must be directed only toward Reimagine | ||||||
21 | Public Safety program participants. | ||||||
22 | (5) Workforce development services, including grants | ||||||
23 | for job coaching, intensive case management, employment | ||||||
24 | training and placement, and retention services, including | ||||||
25 | the provision of transitional job placements and access to | ||||||
26 | basic certificate training for industry-specific jobs. |
| |||||||
| |||||||
1 | Training also includes the provision of education-related | ||||||
2 | content, such as financial literacy training, GED | ||||||
3 | preparation, and academic coaching. | ||||||
4 | (6) Re-entry services for individuals exiting the | ||||||
5 | State or county criminal justice systems, if those | ||||||
6 | individuals are either eligible for services under this | ||||||
7 | Act as participants or are individuals who can make an | ||||||
8 | immediate contribution to mediate neighborhood conflicts | ||||||
9 | if they receive stabilizing services. Re-entry services | ||||||
10 | financed with grants awarded under this Act include all | ||||||
11 | services authorized under this Act, including services | ||||||
12 | listed in this subsection. | ||||||
13 | (7) Victim services, including assessments and | ||||||
14 | screening of victim needs, planning sessions related to | ||||||
15 | assessments, service planning and goal setting, assessing | ||||||
16 | intervention needs, notifying and navigating participants | ||||||
17 | through public agency processes for victim compensation, | ||||||
18 | crisis intervention, emergency financial assistance, | ||||||
19 | transportation, medical care, stable housing, and shelter, | ||||||
20 | assessment and linkage to public benefits, and relocation | ||||||
21 | services. | ||||||
22 | (b) In the geographic areas they serve, violence | ||||||
23 | prevention organizations shall develop expertise in: | ||||||
24 | (1) Analyzing and leveraging data to identify the | ||||||
25 | individuals who will most benefit from evidence-based | ||||||
26 | violence prevention services in their geographic areas. |
| |||||||
| |||||||
1 | (2) Identifying the conflicts that are responsible for | ||||||
2 | recurring violence. | ||||||
3 | (3) Having relationships with individuals who are most | ||||||
4 | able to reduce conflicts. | ||||||
5 | (4) Addressing the stabilization and trauma recovery | ||||||
6 | needs of individuals impacted by violence by providing | ||||||
7 | direct services for their unmet needs or referring them to | ||||||
8 | other qualified service providers. | ||||||
9 | (5) Having and building relationships with community | ||||||
10 | members and community organizations that provide | ||||||
11 | evidence-based violence prevention services and get | ||||||
12 | referrals of people who will most benefit from | ||||||
13 | evidence-based violence prevention services in their | ||||||
14 | geographic areas. | ||||||
15 | (6) Providing training and technical assistance to | ||||||
16 | local law enforcement agencies to improve their | ||||||
17 | effectiveness without having any role, requirement, or | ||||||
18 | mandate to participate in the policing, enforcement, or | ||||||
19 | prosecution of any crime. | ||||||
20 | (c) Violence prevention organizations receiving grants | ||||||
21 | under this Act shall coordinate services with other violence | ||||||
22 | prevention organizations in their area. | ||||||
23 | (d) The Office of Firearm Violence Prevention shall | ||||||
24 | identify, for each separate eligible service area under this | ||||||
25 | Act, an experienced violence prevention organization to serve | ||||||
26 | as the Lead Violence Prevention Convener for that area and |
| |||||||
| |||||||
1 | provide each Lead Violence Prevention Convener with a grant to | ||||||
2 | coordinate monthly meetings between violence prevention | ||||||
3 | organizations and youth development organizations under this | ||||||
4 | Act. The Lead Violence Prevention Convener may also receive, | ||||||
5 | from the Office of Firearm Violence Prevention, technical | ||||||
6 | assistance or training through approved providers when needs | ||||||
7 | are jointly identified. The Lead Violence Prevention Convener | ||||||
8 | shall: | ||||||
9 | (1) provide the convened organizations with summary | ||||||
10 | notes recommendations made at the monthly meetings to | ||||||
11 | improve the effectiveness of evidence-based violence | ||||||
12 | prevention services based on review of timely data on | ||||||
13 | shootings and homicides in his or her relevant | ||||||
14 | neighborhood; | ||||||
15 | (2) attend monthly meetings where the cause of | ||||||
16 | violence and other neighborhood disputes is discussed and | ||||||
17 | strategize on how to resolve ongoing conflicts and execute | ||||||
18 | on agreed plans; | ||||||
19 | (3) (blank); | ||||||
20 | (4) on behalf of the convened organizations, make | ||||||
21 | consensus recommendations to the Office of Firearm | ||||||
22 | Violence Prevention and local law enforcement on how to | ||||||
23 | reduce violent conflict in his or her neighborhood; | ||||||
24 | (5) meet on an emergency basis when conflicts that | ||||||
25 | need immediate attention and resolution arise; | ||||||
26 | (6) share knowledge and strategies of the community |
| |||||||
| |||||||
1 | violence dynamic in monthly meetings with local youth | ||||||
2 | development specialists receiving grants under this Act; | ||||||
3 | (7) select when and where needed an approved Office of | ||||||
4 | Violence Prevention-funded technical assistance and | ||||||
5 | training service provider to receive agreed upon services; | ||||||
6 | and | ||||||
7 | (8) after meeting with community residents and other | ||||||
8 | community organizations that have expertise in housing, | ||||||
9 | mental health, economic development, education, and social | ||||||
10 | services, make recommendations to the Office of Firearm | ||||||
11 | Violence Prevention on how to target community | ||||||
12 | revitalization resources available from federal and State | ||||||
13 | funding sources. | ||||||
14 | The Office of Firearm Violence Prevention shall compile | ||||||
15 | recommendations from all Lead Violence Prevention Conveners | ||||||
16 | and report to the General Assembly bi-annually on these | ||||||
17 | funding recommendations. The Lead Violence Prevention Convener | ||||||
18 | may also serve as a violence prevention or youth development | ||||||
19 | provider. | ||||||
20 | (e) The Illinois Office of Firearm Violence Prevention | ||||||
21 | shall select, when possible and appropriate, no fewer than 2 | ||||||
22 | and no more than 3 approved technical assistance and training | ||||||
23 | providers to deliver technical assistance and training to the | ||||||
24 | violence prevention organizations that request to receive | ||||||
25 | approved technical assistance and training. Violence | ||||||
26 | prevention organizations shall have the opportunity to select |
| |||||||
| |||||||
1 | among the approved technical assistance services providers | ||||||
2 | funded by the Office of Firearm Violence Prevention, as long | ||||||
3 | as the technical assistance provider has the capacity to | ||||||
4 | effectively serve the grantees that have selected them. The | ||||||
5 | Department shall make best efforts to accommodate second | ||||||
6 | choices of violence prevention organizations when the violence | ||||||
7 | prevention organizations' first choice does not have capacity | ||||||
8 | to provide technical assistance. | ||||||
9 | (f) Approved technical assistance and training providers | ||||||
10 | may: | ||||||
11 | (1) provide training and certification to violence | ||||||
12 | prevention professionals on how to perform violence | ||||||
13 | prevention services and other professional development to | ||||||
14 | violence prevention professionals. | ||||||
15 | (2) provide management training on how to manage | ||||||
16 | violence prevention professionals; | ||||||
17 | (3) provide training and assistance on how to develop | ||||||
18 | memorandum of understanding for referral services or | ||||||
19 | create approved provider lists for these referral | ||||||
20 | services, or both; | ||||||
21 | (4) share lessons learned among violence prevention | ||||||
22 | professionals and service providers in their network; and | ||||||
23 | (5) provide technical assistance and training on human | ||||||
24 | resources, grants management, capacity building, and | ||||||
25 | fiscal management strategies. | ||||||
26 | (g) Approved technical assistance and training providers |
| |||||||
| |||||||
1 | shall: | ||||||
2 | (1) provide additional services identified as | ||||||
3 | necessary by the Office of Firearm Violence Prevention and | ||||||
4 | service providers in their network; and | ||||||
5 | (2) receive a base grant of up to $250,000 plus | ||||||
6 | negotiated service rates to provide group and | ||||||
7 | individualized services to participating violence | ||||||
8 | prevention organizations. | ||||||
9 | (h) (Blank). | ||||||
10 | (i) The Office of Firearm Violence Prevention shall issue | ||||||
11 | grants, when possible and appropriate, to no fewer than 2 | ||||||
12 | violence prevention organizations in each of the eligible | ||||||
13 | service areas and no more than 6 organizations. When possible, | ||||||
14 | the Office of Firearm Violence Prevention shall work, subject | ||||||
15 | to eligible applications received, to ensure that grant | ||||||
16 | resources are equitably distributed across eligible service | ||||||
17 | areas. The Office of Firearm Violence Prevention may establish | ||||||
18 | grant award ranges to ensure grants will have the potential to | ||||||
19 | reduce violence in each neighborhood. | ||||||
20 | (j) No violence prevention organization can serve more | ||||||
21 | than 3 eligible service areas unless the Office of Firearm | ||||||
22 | Violence Prevention is unable to identify violence prevention | ||||||
23 | organizations to provide adequate coverage. | ||||||
24 | (k) No approved technical assistance and training provider | ||||||
25 | shall provide evidence-based violence prevention services in | ||||||
26 | an eligible service area under this Act unless the Office of |
| |||||||
| |||||||
1 | Firearm Violence Prevention is unable to identify qualified | ||||||
2 | violence prevention organizations to provide adequate | ||||||
3 | coverage. | ||||||
4 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; | ||||||
5 | 103-8, eff. 6-7-23.) | ||||||
6 | Section 46. The Illinois Vehicle Code is amended by | ||||||
7 | changing Section 6-308 as follows: | ||||||
8 | (625 ILCS 5/6-308) | ||||||
9 | (Text of Section before amendment by P.A. 103-789 ) | ||||||
10 | Sec. 6-308. Procedures for traffic violations. | ||||||
11 | (a) Any person cited for violating this Code or a similar | ||||||
12 | provision of a local ordinance for which a violation is a petty | ||||||
13 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
14 | Corrections, excluding business offenses as defined by Section | ||||||
15 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
16 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
17 | Code, shall not be required to sign the citation for his or her | ||||||
18 | release. All other provisions of this Code or similar | ||||||
19 | provisions of local ordinances shall be governed by the | ||||||
20 | pretrial release provisions of the Illinois Supreme Court | ||||||
21 | Rules when it is not practical or feasible to take the person | ||||||
22 | before a judge to have conditions of pretrial release set or to | ||||||
23 | avoid undue delay because of the hour or circumstances. | ||||||
24 | (b) Whenever a person fails to appear in court, the court |
| |||||||
| |||||||
1 | may continue the case for a minimum of 30 days and the clerk of | ||||||
2 | the court shall send notice of the continued court date to the | ||||||
3 | person's last known address. If the person does not appear in | ||||||
4 | court on or before the continued court date or satisfy the | ||||||
5 | court that the person's appearance in and surrender to the | ||||||
6 | court is impossible for no fault of the person, the court shall | ||||||
7 | enter an order of failure to appear. The clerk of the court | ||||||
8 | shall notify the Secretary of State, on a report prescribed by | ||||||
9 | the Secretary, of the court's order. The Secretary, when | ||||||
10 | notified by the clerk of the court that an order of failure to | ||||||
11 | appear has been entered, shall immediately suspend the | ||||||
12 | person's driver's license, which shall be designated by the | ||||||
13 | Secretary as a Failure to Appear suspension. The Secretary | ||||||
14 | shall not remove the suspension, nor issue any permit or | ||||||
15 | privileges to the person whose license has been suspended, | ||||||
16 | until notified by the ordering court that the person has | ||||||
17 | appeared and resolved the violation. Upon compliance, the | ||||||
18 | clerk of the court shall present the person with a notice of | ||||||
19 | compliance containing the seal of the court, and shall notify | ||||||
20 | the Secretary that the person has appeared and resolved the | ||||||
21 | violation. | ||||||
22 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
23 | release and appearance procedures when a person who is a | ||||||
24 | resident of another state that is not a member of the | ||||||
25 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
26 | this Code or a similar provision of a local ordinance. |
| |||||||
| |||||||
1 | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .) | ||||||
2 | (Text of Section after amendment by P.A. 103-789 ) | ||||||
3 | Sec. 6-308. Procedures for traffic violations. | ||||||
4 | (a) Any person cited for violating this Code or a similar | ||||||
5 | provision of a local ordinance for which a violation is a petty | ||||||
6 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
7 | Corrections, excluding business offenses as defined by Section | ||||||
8 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
9 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
10 | Code, shall not be required to sign the citation for his or her | ||||||
11 | release. All other provisions of this Code or similar | ||||||
12 | provisions of local ordinances shall be governed by the | ||||||
13 | pretrial release provisions of the Illinois Supreme Court | ||||||
14 | Rules when it is not practical or feasible to take the person | ||||||
15 | before a judge to have conditions of pretrial release set or to | ||||||
16 | avoid undue delay because of the hour or circumstances. | ||||||
17 | (b) Whenever a person fails to appear in court, the court | ||||||
18 | may continue the case for a minimum of 30 days and the clerk of | ||||||
19 | the court shall send notice of the continued court date to the | ||||||
20 | person's last known address and, if the clerk of the court | ||||||
21 | elects to establish a system to send text, email, and | ||||||
22 | telephone notifications, may also send notifications to an | ||||||
23 | email address and may send a text message to the person's last | ||||||
24 | known cellular telephone number. If the person does not have a | ||||||
25 | cellular telephone number, the clerk of the court may reach |
| |||||||
| |||||||
1 | the person by calling the person's last known landline | ||||||
2 | telephone number regarding continued court dates. The notice | ||||||
3 | shall include a statement that a subsequent failure to appear | ||||||
4 | in court could result in a warrant for the defendant's arrest | ||||||
5 | and other significant consequences affecting their driving | ||||||
6 | privileges. If the person does not (i) appear in court on or | ||||||
7 | before the continued court date, (ii) satisfy the charge | ||||||
8 | without a court appearance if allowed by Illinois Supreme | ||||||
9 | Court Rule, or (iii) satisfy the court that the person's | ||||||
10 | appearance in and surrender to the court is impossible for no | ||||||
11 | fault of the person, the court shall enter an ex parte judgment | ||||||
12 | of conviction imposing a single assessment, specified in the | ||||||
13 | applicable assessment Schedule 10, 10.5, or 11 for the charged | ||||||
14 | offense, as provided in the Criminal and Traffic Assessment | ||||||
15 | Act, plus a fine allowed by statute. The clerk of the court | ||||||
16 | shall notify the Secretary of State, in a form and manner | ||||||
17 | prescribed by the Secretary, of the court's order. | ||||||
18 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
19 | release and appearance procedures when a person who is a | ||||||
20 | resident of another state that is not a member of the | ||||||
21 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
22 | this Code or a similar provision of a local ordinance. | ||||||
23 | (d) The changes made to this Section by Public Act 103-789 | ||||||
24 | this amendatory Act of the 103rd General Assembly apply to | ||||||
25 | each individual whose license was suspended pursuant to this | ||||||
26 | Section from between January 1, 2020 through and June 30, 2025 |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 103rd General | ||||||
2 | Assembly , and the suspension shall be lifted by the Secretary | ||||||
3 | of State without further action by any court. | ||||||
4 | (Source: P.A. 103-789, eff. 1-1-25.) | ||||||
5 | Section 47. The Code of Criminal Procedure of 1963 is | ||||||
6 | amended by changing Section 124A-20 as follows: | ||||||
7 | (725 ILCS 5/124A-20) | ||||||
8 | Sec. 124A-20. Assessment waiver. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Assessments" means any costs imposed on a criminal | ||||||
11 | defendant under Article 15 of the Criminal and Traffic | ||||||
12 | Assessment Act, but does not include violation of the Illinois | ||||||
13 | Vehicle Code assessments except as provided in subsection | ||||||
14 | (a-5). | ||||||
15 | "Indigent person" means any person who meets one or more | ||||||
16 | of the following criteria: | ||||||
17 | (1) He or she is receiving assistance under one or | ||||||
18 | more of the following means-based governmental public | ||||||
19 | benefits programs: Supplemental Security Income; Aid to | ||||||
20 | the Aged, Blind and Disabled; Temporary Assistance for | ||||||
21 | Needy Families; Supplemental Nutrition Assistance Program; | ||||||
22 | General Assistance; Transitional Assistance; or State | ||||||
23 | Children and Family Assistance. | ||||||
24 | (2) His or her available personal income is 200% or |
| |||||||
| |||||||
1 | less of the current poverty level, unless the applicant's | ||||||
2 | assets that are not exempt under Part 9 or 10 of Article | ||||||
3 | XII of the Code of Civil Procedure are of a nature and | ||||||
4 | value that the court determines that the applicant is able | ||||||
5 | to pay the assessments. | ||||||
6 | (3) He or she is, in the discretion of the court, | ||||||
7 | unable to proceed in an action with payment of assessments | ||||||
8 | and whose payment of those assessments would result in | ||||||
9 | substantial hardship to the person or his or her family. | ||||||
10 | "Poverty level" means the current poverty level as | ||||||
11 | established by the United States Department of Health and | ||||||
12 | Human Services. | ||||||
13 | (a-5) In a county having a population of more than | ||||||
14 | 3,000,000, "assessments" means any costs imposed on a criminal | ||||||
15 | defendant under Article 15 of the Criminal and Traffic | ||||||
16 | Assessment Act, including violation of the Illinois Vehicle | ||||||
17 | Code assessments. This subsection is inoperative on and after | ||||||
18 | July 1, 2025 2024 . | ||||||
19 | (b) For criminal offenses reflected in Schedules 1, 3, 4, | ||||||
20 | 5, 7, and 8 of Article 15 of the Criminal and Traffic | ||||||
21 | Assessment Act, upon the application of any defendant, after | ||||||
22 | the commencement of an action, but no later than 30 days after | ||||||
23 | sentencing: | ||||||
24 | (1) If the court finds that the applicant is an | ||||||
25 | indigent person, the court shall grant the applicant a | ||||||
26 | full assessment waiver exempting him or her from the |
| |||||||
| |||||||
1 | payment of any assessments. | ||||||
2 | (2) The court shall grant the applicant a partial | ||||||
3 | assessment as follows: | ||||||
4 | (A) 75% of all assessments shall be waived if the | ||||||
5 | applicant's available income is greater than 200% but | ||||||
6 | no more than 250% of the poverty level, unless the | ||||||
7 | applicant's assets that are not exempt under Part 9 or | ||||||
8 | 10 of Article XII of the Code of Civil Procedure are | ||||||
9 | such that the applicant is able, without undue | ||||||
10 | hardship, to pay the total assessments. | ||||||
11 | (B) 50% of all assessments shall be waived if the | ||||||
12 | applicant's available income is greater than 250% but | ||||||
13 | no more than 300% of the poverty level, unless the | ||||||
14 | applicant's assets that are not exempt under Part 9 or | ||||||
15 | 10 of Article XII of the Code of Civil Procedure are | ||||||
16 | such that the court determines that the applicant is | ||||||
17 | able, without undue hardship, to pay a greater portion | ||||||
18 | of the assessments. | ||||||
19 | (C) 25% of all assessments shall be waived if the | ||||||
20 | applicant's available income is greater than 300% but | ||||||
21 | no more than 400% of the poverty level, unless the | ||||||
22 | applicant's assets that are not exempt under Part 9 or | ||||||
23 | 10 of Article XII of the Code of Civil Procedure are | ||||||
24 | such that the court determines that the applicant is | ||||||
25 | able, without undue hardship, to pay a greater portion | ||||||
26 | of the assessments. |
| |||||||
| |||||||
1 | (b-5) For traffic and petty offenses reflected in | ||||||
2 | Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and | ||||||
3 | Traffic Assessment Act, upon the application of any defendant, | ||||||
4 | after the commencement of an action, but no later than 30 days | ||||||
5 | after sentencing, the court shall grant the applicant a | ||||||
6 | partial assessment as follows: | ||||||
7 | (1) 50% of all assessments shall be waived if the | ||||||
8 | court finds that the applicant is an indigent person or if | ||||||
9 | the applicant's available income is not greater than 200% | ||||||
10 | of the poverty level, unless the applicant's assets that | ||||||
11 | are not exempt under Part 9 or 10 of Article XII of the | ||||||
12 | Code of Civil Procedure are such that the applicant is | ||||||
13 | able, without undue hardship, to pay the total | ||||||
14 | assessments. | ||||||
15 | (2) 37.5% of all assessments shall be waived if the | ||||||
16 | applicant's available income is greater than 200% but no | ||||||
17 | more than 250% of the poverty level, unless the | ||||||
18 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
19 | of Article XII of the Code of Civil Procedure are such that | ||||||
20 | the applicant is able, without undue hardship, to pay the | ||||||
21 | total assessments. | ||||||
22 | (3) 25% of all assessments shall be waived if the | ||||||
23 | applicant's available income is greater than 250% but no | ||||||
24 | more than 300% of the poverty level, unless the | ||||||
25 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
26 | of Article XII of the Code of Civil Procedure are such that |
| |||||||
| |||||||
1 | the court determines that the applicant is able, without | ||||||
2 | undue hardship, to pay a greater portion of the | ||||||
3 | assessments. | ||||||
4 | (4) 12.5% of all assessments shall be waived if the | ||||||
5 | applicant's available income is greater than 300% but no | ||||||
6 | more than 400% of the poverty level, unless the | ||||||
7 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
8 | of Article XII of the Code of Civil Procedure are such that | ||||||
9 | the court determines that the applicant is able, without | ||||||
10 | undue hardship, to pay a greater portion of the | ||||||
11 | assessments. | ||||||
12 | (c) An application for a waiver of assessments shall be in | ||||||
13 | writing, signed by the defendant or, if the defendant is a | ||||||
14 | minor, by another person having knowledge of the facts, and | ||||||
15 | filed no later than 30 days after sentencing. The contents of | ||||||
16 | the application for a waiver of assessments, and the procedure | ||||||
17 | for deciding the applications, shall be established by Supreme | ||||||
18 | Court Rule. Factors to consider in evaluating an application | ||||||
19 | shall include: | ||||||
20 | (1) the applicant's receipt of needs based | ||||||
21 | governmental public benefits, including Supplemental | ||||||
22 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
23 | (AABD); Temporary Assistance for Needy Families (TANF); | ||||||
24 | Supplemental Nutrition Assistance Program (SNAP or "food | ||||||
25 | stamps"); General Assistance; Transitional Assistance; or | ||||||
26 | State Children and Family Assistance; |
| |||||||
| |||||||
1 | (2) the employment status of the applicant and amount | ||||||
2 | of monthly income, if any; | ||||||
3 | (3) income received from the applicant's pension, | ||||||
4 | Social Security benefits, unemployment benefits, and other | ||||||
5 | sources; | ||||||
6 | (4) income received by the applicant from other | ||||||
7 | household members; | ||||||
8 | (5) the applicant's monthly expenses, including rent, | ||||||
9 | home mortgage, other mortgage, utilities, food, medical, | ||||||
10 | vehicle, childcare, debts, child support, and other | ||||||
11 | expenses; and | ||||||
12 | (6) financial affidavits or other similar supporting | ||||||
13 | documentation provided by the applicant showing that | ||||||
14 | payment of the imposed assessments would result in | ||||||
15 | substantial hardship to the applicant or the applicant's | ||||||
16 | family. | ||||||
17 | (d) The clerk of court shall provide the application for a | ||||||
18 | waiver of assessments to any defendant who indicates an | ||||||
19 | inability to pay the assessments. The clerk of the court shall | ||||||
20 | post in a conspicuous place in the courthouse a notice, no | ||||||
21 | smaller than 8.5 x 11 inches and using no smaller than 30-point | ||||||
22 | typeface printed in English and in Spanish, advising criminal | ||||||
23 | defendants they may ask the court for a waiver of any court | ||||||
24 | ordered assessments. The notice shall be substantially as | ||||||
25 | follows: | ||||||
26 | "If you are unable to pay the required assessments, |
| |||||||
| |||||||
1 | you may ask the court to waive payment of them. Ask the | ||||||
2 | clerk of the court for forms." | ||||||
3 | (e) For good cause shown, the court may allow an applicant | ||||||
4 | whose application is denied or who receives a partial | ||||||
5 | assessment waiver to defer payment of the assessments, make | ||||||
6 | installment payments, or make payment upon reasonable terms | ||||||
7 | and conditions stated in the order. | ||||||
8 | (f) Nothing in this Section shall be construed to affect | ||||||
9 | the right of a party to court-appointed counsel, as authorized | ||||||
10 | by any other provision of law or by the rules of the Illinois | ||||||
11 | Supreme Court. | ||||||
12 | (g) The provisions of this Section are severable under | ||||||
13 | Section 1.31 of the Statute on Statutes. | ||||||
14 | (Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.) | ||||||
15 | Section 50. The Unemployment Insurance Act is amended by | ||||||
16 | changing Sections 235, 401, 403, 1400.1, 1505, 1506.6, and | ||||||
17 | 2101.1 as follows: | ||||||
18 | (820 ILCS 405/235) (from Ch. 48, par. 345) | ||||||
19 | Sec. 235. (I) If and only if funds from the State treasury | ||||||
20 | are not appropriated on or before January 31, 2023 that are | ||||||
21 | dedicated to pay all outstanding advances made to the State's | ||||||
22 | account in the Unemployment Trust Fund pursuant to Title XII | ||||||
23 | of the federal Social Security Act, then this Part (I) is | ||||||
24 | inoperative retroactive to January 1, 2023. |
| |||||||
| |||||||
1 | The term "wages" does not include: | ||||||
2 | A. With respect to calendar years prior to calendar year | ||||||
3 | 2023, the maximum amount includable as "wages" shall be | ||||||
4 | determined pursuant to this Section as in effect prior to the | ||||||
5 | effective date of this amendatory Act of the 102nd General | ||||||
6 | Assembly. | ||||||
7 | With respect to the calendar year 2023, the term "wages" | ||||||
8 | shall include only the remuneration paid to an individual by | ||||||
9 | an employer during that period with respect to employment | ||||||
10 | which does not exceed $13,271. | ||||||
11 | With respect to the calendar year 2024, the term "wages" | ||||||
12 | shall include only the remuneration paid to an individual by | ||||||
13 | an employer during that period with respect to employment | ||||||
14 | which does not exceed $13,590. | ||||||
15 | With respect to the calendar year 2025, the term "wages" | ||||||
16 | shall include only the remuneration paid to an individual by | ||||||
17 | an employer during that period with respect to employment | ||||||
18 | which does not exceed $13,916. | ||||||
19 | With respect to the calendar year 2026, the term "wages" | ||||||
20 | shall include only the remuneration paid to an individual by | ||||||
21 | an employer during that period with respect to employment | ||||||
22 | which does not exceed $14,250. | ||||||
23 | With respect to the calendar year 2027, and each calendar | ||||||
24 | year thereafter, the term "wages" shall include only the | ||||||
25 | remuneration paid to an individual by an employer during that | ||||||
26 | period with respect to employment which does not exceed |
| |||||||
| |||||||
1 | $14,592. | ||||||
2 | The remuneration paid to an individual by an employer with | ||||||
3 | respect to employment in another State or States, upon which | ||||||
4 | contributions were required of such employer under an | ||||||
5 | unemployment compensation law of such other State or States, | ||||||
6 | shall be included as a part of the remuneration herein | ||||||
7 | referred to. For the purposes of this subsection, any | ||||||
8 | employing unit which succeeds to the organization, trade, or | ||||||
9 | business, or to substantially all of the assets of another | ||||||
10 | employing unit, or to the organization, trade, or business, or | ||||||
11 | to substantially all of the assets of a distinct severable | ||||||
12 | portion of another employing unit, shall be treated as a | ||||||
13 | single unit with its predecessor for the calendar year in | ||||||
14 | which such succession occurs; any employing unit which is | ||||||
15 | owned or controlled by the same interests which own or control | ||||||
16 | another employing unit shall be treated as a single unit with | ||||||
17 | the unit so owned or controlled by such interests for any | ||||||
18 | calendar year throughout which such ownership or control | ||||||
19 | exists; and, with respect to any trade or business transfer | ||||||
20 | subject to subsection A of Section 1507.1, a transferee, as | ||||||
21 | defined in subsection G of Section 1507.1, shall be treated as | ||||||
22 | a single unit with the transferor, as defined in subsection G | ||||||
23 | of Section 1507.1, for the calendar year in which the transfer | ||||||
24 | occurs. This subsection applies only to Sections 1400, 1405A, | ||||||
25 | and 1500. | ||||||
26 | A-1. (Blank). |
| |||||||
| |||||||
1 | B. The amount of any payment (including any amount paid by | ||||||
2 | an employer for insurance or annuities, or into a fund, to | ||||||
3 | provide for any such payment), made to, or on behalf of, an | ||||||
4 | individual or any of the individual's his dependents under a | ||||||
5 | plan or system established by an employer which makes | ||||||
6 | provision generally for individuals performing services for | ||||||
7 | the employer him (or for such individuals generally and their | ||||||
8 | dependents) or for a class or classes of such individuals (or | ||||||
9 | for a class or classes of such individuals and their | ||||||
10 | dependents), on account of (1) sickness or accident disability | ||||||
11 | (except those sickness or accident disability payments which | ||||||
12 | would be includable as "wages" in Section 3306(b)(2)(A) of the | ||||||
13 | Federal Internal Revenue Code of 1954, in effect on January 1, | ||||||
14 | 1985, such includable payments to be attributable in such | ||||||
15 | manner as provided by Section 3306(b) of the Federal Internal | ||||||
16 | Revenue Code of 1954, in effect on January 1, 1985), or (2) | ||||||
17 | medical or hospitalization expenses in connection with | ||||||
18 | sickness or accident disability, or (3) death. | ||||||
19 | C. Any payment made to, or on behalf of, an employee or the | ||||||
20 | employee's his beneficiary which would be excluded from | ||||||
21 | "wages" by subparagraph (A), (B), (C), (D), (E), (F) or (G), of | ||||||
22 | Section 3306(b)(5) of the Federal Internal Revenue Code of | ||||||
23 | 1954, in effect on January 1, 1985. | ||||||
24 | D. The amount of any payment on account of sickness or | ||||||
25 | accident disability, or medical or hospitalization expenses in | ||||||
26 | connection with sickness or accident disability, made by an |
| |||||||
| |||||||
1 | employer to, or on behalf of, an individual performing | ||||||
2 | services for the employer him after the expiration of six | ||||||
3 | calendar months following the last calendar month in which the | ||||||
4 | individual performed services for such employer. | ||||||
5 | E. Remuneration paid in any medium other than cash by an | ||||||
6 | employing unit to an individual for service in agricultural | ||||||
7 | labor as defined in Section 214. | ||||||
8 | F. The amount of any supplemental payment made by an | ||||||
9 | employer to an individual performing services for the employer | ||||||
10 | him , other than remuneration for services performed, under a | ||||||
11 | shared work plan approved by the Director pursuant to Section | ||||||
12 | 407.1. | ||||||
13 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
14 | if funds from the State treasury are not appropriated on or | ||||||
15 | before January 31, 2023 that are dedicated to pay all | ||||||
16 | outstanding advances made to the State's account in the | ||||||
17 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
18 | Social Security Act. If this Part (II) becomes operative, it | ||||||
19 | is operative retroactive to January 1, 2023. | ||||||
20 | The term "wages" does not include: | ||||||
21 | A. With respect to calendar years prior to calendar year | ||||||
22 | 2004, the maximum amount includable as "wages" shall be | ||||||
23 | determined pursuant to this Section as in effect on January 1, | ||||||
24 | 2006. | ||||||
25 | With respect to the calendar year 2004, the term "wages" | ||||||
26 | shall include only the remuneration paid to an individual by |
| |||||||
| |||||||
1 | an employer during that period with respect to employment | ||||||
2 | which does not exceed $9,800. With respect to the calendar | ||||||
3 | years 2005 through 2009, the term "wages" shall include only | ||||||
4 | the remuneration paid to an individual by an employer during | ||||||
5 | that period with respect to employment which does not exceed | ||||||
6 | the following amounts: $10,500 with respect to the calendar | ||||||
7 | year 2005; $11,000 with respect to the calendar year 2006; | ||||||
8 | $11,500 with respect to the calendar year 2007; $12,000 with | ||||||
9 | respect to the calendar year 2008; and $12,300 with respect to | ||||||
10 | the calendar year 2009. | ||||||
11 | With respect to the calendar years 2010, 2011, 2020, and | ||||||
12 | each calendar year thereafter, the term "wages" shall include | ||||||
13 | only the remuneration paid to an individual by an employer | ||||||
14 | during that period with respect to employment which does not | ||||||
15 | exceed the sum of the wage base adjustment applicable to that | ||||||
16 | year pursuant to Section 1400.1, plus the maximum amount | ||||||
17 | includable as "wages" pursuant to this subsection with respect | ||||||
18 | to the immediately preceding calendar year. With respect to | ||||||
19 | calendar year 2012, to offset the loss of revenue to the | ||||||
20 | State's account in the unemployment trust fund with respect to | ||||||
21 | the first quarter of calendar year 2011 as a result of Section | ||||||
22 | 1506.5 and the changes made by this amendatory Act of the 97th | ||||||
23 | General Assembly to Section 1506.3, the term "wages" shall | ||||||
24 | include only the remuneration paid to an individual by an | ||||||
25 | employer during that period with respect to employment which | ||||||
26 | does not exceed $13,560. Except as otherwise provided in |
| |||||||
| |||||||
1 | subsection A-1, with respect to calendar year 2013, the term | ||||||
2 | "wages" shall include only the remuneration paid to an | ||||||
3 | individual by an employer during that period with respect to | ||||||
4 | employment which does not exceed $12,900. With respect to the | ||||||
5 | calendar years 2014 through 2019, the term "wages" shall | ||||||
6 | include only the remuneration paid to an individual by an | ||||||
7 | employer during that period with respect to employment which | ||||||
8 | does not exceed $12,960. Notwithstanding any provision to the | ||||||
9 | contrary, the maximum amount includable as "wages" pursuant to | ||||||
10 | this Section shall not be less than $12,300 or greater than | ||||||
11 | $12,960 with respect to any calendar year after calendar year | ||||||
12 | 2009 except calendar year 2012 and except as otherwise | ||||||
13 | provided in subsection A-1. | ||||||
14 | The remuneration paid to an individual by an employer with | ||||||
15 | respect to employment in another State or States, upon which | ||||||
16 | contributions were required of such employer under an | ||||||
17 | unemployment compensation law of such other State or States, | ||||||
18 | shall be included as a part of the remuneration herein | ||||||
19 | referred to. For the purposes of this subsection, any | ||||||
20 | employing unit which succeeds to the organization, trade, or | ||||||
21 | business, or to substantially all of the assets of another | ||||||
22 | employing unit, or to the organization, trade, or business, or | ||||||
23 | to substantially all of the assets of a distinct severable | ||||||
24 | portion of another employing unit, shall be treated as a | ||||||
25 | single unit with its predecessor for the calendar year in | ||||||
26 | which such succession occurs; any employing unit which is |
| |||||||
| |||||||
1 | owned or controlled by the same interests which own or control | ||||||
2 | another employing unit shall be treated as a single unit with | ||||||
3 | the unit so owned or controlled by such interests for any | ||||||
4 | calendar year throughout which such ownership or control | ||||||
5 | exists; and, with respect to any trade or business transfer | ||||||
6 | subject to subsection A of Section 1507.1, a transferee, as | ||||||
7 | defined in subsection G of Section 1507.1, shall be treated as | ||||||
8 | a single unit with the transferor, as defined in subsection G | ||||||
9 | of Section 1507.1, for the calendar year in which the transfer | ||||||
10 | occurs. This subsection applies only to Sections 1400, 1405A, | ||||||
11 | and 1500. | ||||||
12 | A-1. If, by March 1, 2013, the payments attributable to | ||||||
13 | the changes to subsection A by this or any subsequent | ||||||
14 | amendatory Act of the 97th General Assembly do not equal or | ||||||
15 | exceed the loss to this State's account in the unemployment | ||||||
16 | trust fund as a result of Section 1506.5 and the changes made | ||||||
17 | to Section 1506.3 by this or any subsequent amendatory Act of | ||||||
18 | the 97th General Assembly, including unrealized interest, | ||||||
19 | then, with respect to calendar year 2013, the term "wages" | ||||||
20 | shall include only the remuneration paid to an individual by | ||||||
21 | an employer during that period with respect to employment | ||||||
22 | which does not exceed $13,560. | ||||||
23 | B. The amount of any payment (including any amount paid by | ||||||
24 | an employer for insurance or annuities, or into a fund, to | ||||||
25 | provide for any such payment), made to, or on behalf of, an | ||||||
26 | individual or any of his dependents under a plan or system |
| |||||||
| |||||||
1 | established by an employer which makes provision generally for | ||||||
2 | individuals performing services for him (or for such | ||||||
3 | individuals generally and their dependents) or for a class or | ||||||
4 | classes of such individuals (or for a class or classes of such | ||||||
5 | individuals and their dependents), on account of (1) sickness | ||||||
6 | or accident disability (except those sickness or accident | ||||||
7 | disability payments which would be includable as "wages" in | ||||||
8 | Section 3306(b)(2)(A) of the Federal Internal Revenue Code of | ||||||
9 | 1954, in effect on January 1, 1985, such includable payments | ||||||
10 | to be attributable in such manner as provided by Section | ||||||
11 | 3306(b) of the Federal Internal Revenue Code of 1954, in | ||||||
12 | effect on January 1, 1985), or (2) medical or hospitalization | ||||||
13 | expenses in connection with sickness or accident disability, | ||||||
14 | or (3) death. | ||||||
15 | C. Any payment made to, or on behalf of, an employee or his | ||||||
16 | beneficiary which would be excluded from "wages" by | ||||||
17 | subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section | ||||||
18 | 3306(b)(5) of the Federal Internal Revenue Code of 1954, in | ||||||
19 | effect on January 1, 1985. | ||||||
20 | D. The amount of any payment on account of sickness or | ||||||
21 | accident disability, or medical or hospitalization expenses in | ||||||
22 | connection with sickness or accident disability, made by an | ||||||
23 | employer to, or on behalf of, an individual performing | ||||||
24 | services for him after the expiration of six calendar months | ||||||
25 | following the last calendar month in which the individual | ||||||
26 | performed services for such employer. |
| |||||||
| |||||||
1 | E. Remuneration paid in any medium other than cash by an | ||||||
2 | employing unit to an individual for service in agricultural | ||||||
3 | labor as defined in Section 214. | ||||||
4 | F. The amount of any supplemental payment made by an | ||||||
5 | employer to an individual performing services for him, other | ||||||
6 | than remuneration for services performed, under a shared work | ||||||
7 | plan approved by the Director pursuant to Section 407.1. | ||||||
8 | (Source: P.A. 102-1105, eff. 1-1-23.) | ||||||
9 | (820 ILCS 405/401) (from Ch. 48, par. 401) | ||||||
10 | Sec. 401. Weekly Benefit Amount - Dependents' Allowances. | ||||||
11 | (I) If and only if funds from the State treasury are not | ||||||
12 | appropriated on or before January 31, 2023 that are dedicated | ||||||
13 | to pay all outstanding advances made to the State's account in | ||||||
14 | the Unemployment Trust Fund pursuant to Title XII of the | ||||||
15 | federal Social Security Act, then this Part (I) is inoperative | ||||||
16 | retroactive to January 1, 2023. | ||||||
17 | A. With respect to any week beginning in a benefit year | ||||||
18 | beginning prior to January 4, 2004, an individual's weekly | ||||||
19 | benefit amount shall be an amount equal to the weekly benefit | ||||||
20 | amount as defined in the provisions of this Act as amended and | ||||||
21 | in effect on November 18, 2011. | ||||||
22 | B. 1. With respect to any benefit year beginning on or | ||||||
23 | after January 4, 2004 and before January 6, 2008, an | ||||||
24 | individual's weekly benefit amount shall be 48% of the | ||||||
25 | individual's his or her prior average weekly wage, rounded (if |
| |||||||
| |||||||
1 | not already a multiple of one dollar) to the next higher | ||||||
2 | dollar; provided, however, that the weekly benefit amount | ||||||
3 | cannot exceed the maximum weekly benefit amount and cannot be | ||||||
4 | less than $51. Except as otherwise provided in this Section, | ||||||
5 | with respect to any benefit year beginning on or after January | ||||||
6 | 6, 2008, an individual's weekly benefit amount shall be 47% of | ||||||
7 | the individual's his or her prior average weekly wage, rounded | ||||||
8 | (if not already a multiple of one dollar) to the next higher | ||||||
9 | dollar; provided, however, that the weekly benefit amount | ||||||
10 | cannot exceed the maximum weekly benefit amount and cannot be | ||||||
11 | less than $51. With respect to any benefit year beginning on or | ||||||
12 | after January 1, 2027 2025 and before January 1, 2028 2026 , an | ||||||
13 | individual's weekly benefit amount shall be 40.6% of the | ||||||
14 | individual's his or her prior average weekly wage, rounded (if | ||||||
15 | not already a multiple of one dollar) to the next higher | ||||||
16 | dollar; provided, however, that the weekly benefit amount | ||||||
17 | cannot exceed the maximum weekly benefit amount and cannot be | ||||||
18 | less than $51. | ||||||
19 | 2. For the purposes of this subsection: | ||||||
20 | An individual's "prior average weekly wage" means the | ||||||
21 | total wages for insured work paid to that individual during | ||||||
22 | the 2 calendar quarters of the individual's his base period in | ||||||
23 | which such total wages were highest, divided by 26. If the | ||||||
24 | quotient is not already a multiple of one dollar, it shall be | ||||||
25 | rounded to the nearest dollar; however if the quotient is | ||||||
26 | equally near 2 multiples of one dollar, it shall be rounded to |
| |||||||
| |||||||
1 | the higher multiple of one dollar. | ||||||
2 | "Determination date" means June 1 and December 1 of each | ||||||
3 | calendar year except that, for the purposes of this Act only, | ||||||
4 | there shall be no June 1 determination date in any year. | ||||||
5 | "Determination period" means, with respect to each June 1 | ||||||
6 | determination date, the 12 consecutive calendar months ending | ||||||
7 | on the immediately preceding December 31 and, with respect to | ||||||
8 | each December 1 determination date, the 12 consecutive | ||||||
9 | calendar months ending on the immediately preceding June 30. | ||||||
10 | "Benefit period" means the 12 consecutive calendar month | ||||||
11 | period beginning on the first day of the first calendar month | ||||||
12 | immediately following a determination date, except that, with | ||||||
13 | respect to any calendar year in which there is a June 1 | ||||||
14 | determination date, "benefit period" shall mean the 6 | ||||||
15 | consecutive calendar month period beginning on the first day | ||||||
16 | of the first calendar month immediately following the | ||||||
17 | preceding December 1 determination date and the 6 consecutive | ||||||
18 | calendar month period beginning on the first day of the first | ||||||
19 | calendar month immediately following the June 1 determination | ||||||
20 | date. | ||||||
21 | "Gross wages" means all the wages paid to individuals | ||||||
22 | during the determination period immediately preceding a | ||||||
23 | determination date for insured work, and reported to the | ||||||
24 | Director by employers prior to the first day of the third | ||||||
25 | calendar month preceding that date. | ||||||
26 | "Covered employment" for any calendar month means the |
| |||||||
| |||||||
1 | total number of individuals, as determined by the Director, | ||||||
2 | engaged in insured work at mid-month. | ||||||
3 | "Average monthly covered employment" means one-twelfth of | ||||||
4 | the sum of the covered employment for the 12 months of a | ||||||
5 | determination period. | ||||||
6 | "Statewide average annual wage" means the quotient, | ||||||
7 | obtained by dividing gross wages by average monthly covered | ||||||
8 | employment for the same determination period, rounded (if not | ||||||
9 | already a multiple of one cent) to the nearest cent. | ||||||
10 | "Statewide average weekly wage" means the quotient, | ||||||
11 | obtained by dividing the statewide average annual wage by 52, | ||||||
12 | rounded (if not already a multiple of one cent) to the nearest | ||||||
13 | cent. Notwithstanding any provision of this Section to the | ||||||
14 | contrary, the statewide average weekly wage for any benefit | ||||||
15 | period prior to calendar year 2012 shall be as determined by | ||||||
16 | the provisions of this Act as amended and in effect on November | ||||||
17 | 18, 2011. Notwithstanding any provisions of this Section to | ||||||
18 | the contrary, the statewide average weekly wage for the | ||||||
19 | benefit period of calendar year 2012 shall be $856.55 and for | ||||||
20 | each calendar year thereafter, the statewide average weekly | ||||||
21 | wage shall be the statewide average weekly wage, as determined | ||||||
22 | in accordance with this sentence, for the immediately | ||||||
23 | preceding benefit period plus (or minus) an amount equal to | ||||||
24 | the percentage change in the statewide average weekly wage, as | ||||||
25 | computed in accordance with the first sentence of this | ||||||
26 | paragraph, between the 2 immediately preceding benefit |
| |||||||
| |||||||
1 | periods, multiplied by the statewide average weekly wage, as | ||||||
2 | determined in accordance with this sentence, for the | ||||||
3 | immediately preceding benefit period. However, for purposes of | ||||||
4 | the Workers' Compensation Act, the statewide average weekly | ||||||
5 | wage will be computed using June 1 and December 1 | ||||||
6 | determination dates of each calendar year and such | ||||||
7 | determination shall not be subject to the limitation of the | ||||||
8 | statewide average weekly wage as computed in accordance with | ||||||
9 | the preceding sentence of this paragraph. | ||||||
10 | With respect to any week beginning in a benefit year | ||||||
11 | beginning prior to January 4, 2004, "maximum weekly benefit | ||||||
12 | amount" with respect to each week beginning within a benefit | ||||||
13 | period shall be as defined in the provisions of this Act as | ||||||
14 | amended and in effect on November 18, 2011. | ||||||
15 | With respect to any benefit year beginning on or after | ||||||
16 | January 4, 2004 and before January 6, 2008, "maximum weekly | ||||||
17 | benefit amount" with respect to each week beginning within a | ||||||
18 | benefit period means 48% of the statewide average weekly wage, | ||||||
19 | rounded (if not already a multiple of one dollar) to the next | ||||||
20 | higher dollar. | ||||||
21 | Except as otherwise provided in this Section, with respect | ||||||
22 | to any benefit year beginning on or after January 6, 2008, | ||||||
23 | "maximum weekly benefit amount" with respect to each week | ||||||
24 | beginning within a benefit period means 47% of the statewide | ||||||
25 | average weekly wage, rounded (if not already a multiple of one | ||||||
26 | dollar) to the next higher dollar. |
| |||||||
| |||||||
1 | With respect to any benefit year beginning on or after | ||||||
2 | January 1, 2027 2025 and before January 1, 2028 2026 , "maximum | ||||||
3 | weekly benefit amount" with respect to each week beginning | ||||||
4 | within a benefit period means 40.6% of the statewide average | ||||||
5 | weekly wage, rounded (if not already a multiple of one dollar) | ||||||
6 | to the next higher dollar. | ||||||
7 | C. With respect to any week beginning in a benefit year | ||||||
8 | beginning prior to January 4, 2004, an individual's | ||||||
9 | eligibility for a dependent allowance with respect to a | ||||||
10 | nonworking spouse or one or more dependent children shall be | ||||||
11 | as defined by the provisions of this Act as amended and in | ||||||
12 | effect on November 18, 2011. | ||||||
13 | With respect to any benefit year beginning on or after | ||||||
14 | January 4, 2004 and before January 6, 2008, an individual to | ||||||
15 | whom benefits are payable with respect to any week shall, in | ||||||
16 | addition to those benefits, be paid, with respect to such | ||||||
17 | week, as follows: in the case of an individual with a | ||||||
18 | nonworking spouse, 9% of the individual's his or her prior | ||||||
19 | average weekly wage, rounded (if not already a multiple of one | ||||||
20 | dollar) to the next higher dollar, provided, that the total | ||||||
21 | amount payable to the individual with respect to a week shall | ||||||
22 | not exceed 57% of the statewide average weekly wage, rounded | ||||||
23 | (if not already a multiple of one dollar) to the next higher | ||||||
24 | dollar; and in the case of an individual with a dependent child | ||||||
25 | or dependent children, 17.2% of the individual's his or her | ||||||
26 | prior average weekly wage, rounded (if not already a multiple |
| |||||||
| |||||||
1 | of one dollar) to the next higher dollar, provided that the | ||||||
2 | total amount payable to the individual with respect to a week | ||||||
3 | shall not exceed 65.2% of the statewide average weekly wage, | ||||||
4 | rounded (if not already a multiple of one dollar) to the next | ||||||
5 | higher dollar. | ||||||
6 | With respect to any benefit year beginning on or after | ||||||
7 | January 6, 2008 and before January 1, 2010, an individual to | ||||||
8 | whom benefits are payable with respect to any week shall, in | ||||||
9 | addition to those benefits, be paid, with respect to such | ||||||
10 | week, as follows: in the case of an individual with a | ||||||
11 | nonworking spouse, 9% of the individual's his or her prior | ||||||
12 | average weekly wage, rounded (if not already a multiple of one | ||||||
13 | dollar) to the next higher dollar, provided, that the total | ||||||
14 | amount payable to the individual with respect to a week shall | ||||||
15 | not exceed 56% of the statewide average weekly wage, rounded | ||||||
16 | (if not already a multiple of one dollar) to the next higher | ||||||
17 | dollar; and in the case of an individual with a dependent child | ||||||
18 | or dependent children, 18.2% of the individual's his or her | ||||||
19 | prior average weekly wage, rounded (if not already a multiple | ||||||
20 | of one dollar) to the next higher dollar, provided that the | ||||||
21 | total amount payable to the individual with respect to a week | ||||||
22 | shall not exceed 65.2% of the statewide average weekly wage, | ||||||
23 | rounded (if not already a multiple of one dollar) to the next | ||||||
24 | higher dollar. | ||||||
25 | The additional amount paid pursuant to this subsection in | ||||||
26 | the case of an individual with a dependent child or dependent |
| |||||||
| |||||||
1 | children shall be referred to as the "dependent child | ||||||
2 | allowance", and the percentage rate by which an individual's | ||||||
3 | prior average weekly wage is multiplied pursuant to this | ||||||
4 | subsection to calculate the dependent child allowance shall be | ||||||
5 | referred to as the "dependent child allowance rate". | ||||||
6 | Except as otherwise provided in this Section, with respect | ||||||
7 | to any benefit year beginning on or after January 1, 2010, an | ||||||
8 | individual to whom benefits are payable with respect to any | ||||||
9 | week shall, in addition to those benefits, be paid, with | ||||||
10 | respect to such week, as follows: in the case of an individual | ||||||
11 | with a nonworking spouse, the greater of (i) 9% of the | ||||||
12 | individual's his or her prior average weekly wage, rounded (if | ||||||
13 | not already a multiple of one dollar) to the next higher | ||||||
14 | dollar, or (ii) $15, provided that the total amount payable to | ||||||
15 | the individual with respect to a week shall not exceed 56% of | ||||||
16 | the statewide average weekly wage, rounded (if not already a | ||||||
17 | multiple of one dollar) to the next higher dollar; and in the | ||||||
18 | case of an individual with a dependent child or dependent | ||||||
19 | children, the greater of (i) the product of the dependent | ||||||
20 | child allowance rate multiplied by the individual's his or her | ||||||
21 | prior average weekly wage, rounded (if not already a multiple | ||||||
22 | of one dollar) to the next higher dollar, or (ii) the lesser of | ||||||
23 | $50 or 50% of the individual's his or her weekly benefit | ||||||
24 | amount, rounded (if not already a multiple of one dollar) to | ||||||
25 | the next higher dollar, provided that the total amount payable | ||||||
26 | to the individual with respect to a week shall not exceed the |
| |||||||
| |||||||
1 | product of the statewide average weekly wage multiplied by the | ||||||
2 | sum of 47% plus the dependent child allowance rate, rounded | ||||||
3 | (if not already a multiple of one dollar) to the next higher | ||||||
4 | dollar. | ||||||
5 | With respect to any benefit year beginning on or after | ||||||
6 | January 1, 2027 2025 and before January 1, 2028 2026 , an | ||||||
7 | individual to whom benefits are payable with respect to any | ||||||
8 | week shall, in addition to those benefits, be paid, with | ||||||
9 | respect to such week, as follows: in the case of an individual | ||||||
10 | with a nonworking spouse, the greater of (i) 9% of the | ||||||
11 | individual's his or her prior average weekly wage, rounded (if | ||||||
12 | not already a multiple of one dollar) to the next higher | ||||||
13 | dollar, or (ii) $15, provided that the total amount payable to | ||||||
14 | the individual with respect to a week shall not exceed 49.6% of | ||||||
15 | the statewide average weekly wage, rounded (if not already a | ||||||
16 | multiple of one dollar) to the next higher dollar; and in the | ||||||
17 | case of an individual with a dependent child or dependent | ||||||
18 | children, the greater of (i) the product of the dependent | ||||||
19 | child allowance rate multiplied by the individual's his or her | ||||||
20 | prior average weekly wage, rounded (if not already a multiple | ||||||
21 | of one dollar) to the next higher dollar, or (ii) the lesser of | ||||||
22 | $50 or 50% of the individual's his or her weekly benefit | ||||||
23 | amount, rounded (if not already a multiple of one dollar) to | ||||||
24 | the next higher dollar, provided that the total amount payable | ||||||
25 | to the individual with respect to a week shall not exceed the | ||||||
26 | product of the statewide average weekly wage multiplied by the |
| |||||||
| |||||||
1 | sum of 40.6% plus the dependent child allowance rate, rounded | ||||||
2 | (if not already a multiple of one dollar) to the next higher | ||||||
3 | dollar. | ||||||
4 | With respect to each benefit year beginning after calendar | ||||||
5 | year 2012, the dependent child allowance rate shall be the sum | ||||||
6 | of the allowance adjustment applicable pursuant to Section | ||||||
7 | 1400.1 to the calendar year in which the benefit year begins, | ||||||
8 | plus the dependent child allowance rate with respect to each | ||||||
9 | benefit year beginning in the immediately preceding calendar | ||||||
10 | year, except as otherwise provided in this subsection. The | ||||||
11 | dependent child allowance rate with respect to each benefit | ||||||
12 | year beginning in calendar year 2010 shall be 17.9%. The | ||||||
13 | dependent child allowance rate with respect to each benefit | ||||||
14 | year beginning in calendar year 2011 shall be 17.4%. The | ||||||
15 | dependent child allowance rate with respect to each benefit | ||||||
16 | year beginning in calendar year 2012 shall be 17.0% and, with | ||||||
17 | respect to each benefit year beginning after calendar year | ||||||
18 | 2012, shall not be less than 17.0% or greater than 17.9%. | ||||||
19 | For the purposes of this subsection: | ||||||
20 | "Dependent" means a child or a nonworking spouse. | ||||||
21 | "Child" means a natural child, stepchild, or adopted child | ||||||
22 | of an individual claiming benefits under this Act or a child | ||||||
23 | who is in the custody of any such individual by court order, | ||||||
24 | for whom the individual is supplying and, for at least 90 | ||||||
25 | consecutive days (or for the duration of the parental | ||||||
26 | relationship if it has existed for less than 90 days) |
| |||||||
| |||||||
1 | immediately preceding any week with respect to which the | ||||||
2 | individual has filed a claim, has supplied more than one-half | ||||||
3 | the cost of support, or has supplied at least 1/4 of the cost | ||||||
4 | of support if the individual and the other parent, together, | ||||||
5 | are supplying and, during the aforesaid period, have supplied | ||||||
6 | more than one-half the cost of support, and are, and were | ||||||
7 | during the aforesaid period, members of the same household; | ||||||
8 | and who, on the first day of such week (a) is under 18 years of | ||||||
9 | age, or (b) is, and has been during the immediately preceding | ||||||
10 | 90 days, unable to work because of illness or other | ||||||
11 | disability: provided, that no person who has been determined | ||||||
12 | to be a child of an individual who has been allowed benefits | ||||||
13 | with respect to a week in the individual's benefit year shall | ||||||
14 | be deemed to be a child of the other parent, and no other | ||||||
15 | person shall be determined to be a child of such other parent, | ||||||
16 | during the remainder of that benefit year. | ||||||
17 | "Nonworking spouse" means the lawful husband or wife of an | ||||||
18 | individual claiming benefits under this Act, for whom more | ||||||
19 | than one-half the cost of support has been supplied by the | ||||||
20 | individual for at least 90 consecutive days (or for the | ||||||
21 | duration of the marital relationship if it has existed for | ||||||
22 | less than 90 days) immediately preceding any week with respect | ||||||
23 | to which the individual has filed a claim, but only if the | ||||||
24 | nonworking spouse is currently ineligible to receive benefits | ||||||
25 | under this Act by reason of the provisions of Section 500E. | ||||||
26 | An individual who was obligated by law to provide for the |
| |||||||
| |||||||
1 | support of a child or of a nonworking spouse for the aforesaid | ||||||
2 | period of 90 consecutive days, but was prevented by illness or | ||||||
3 | injury from doing so, shall be deemed to have provided more | ||||||
4 | than one-half the cost of supporting the child or nonworking | ||||||
5 | spouse for that period. | ||||||
6 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
7 | if funds from the State treasury are not appropriated on or | ||||||
8 | before January 31, 2023 that are dedicated to pay all | ||||||
9 | outstanding advances made to the State's account in the | ||||||
10 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
11 | Social Security Act. If this Part (II) becomes operative, it | ||||||
12 | is operative retroactive to January 1, 2023. | ||||||
13 | A. With respect to any week beginning in a benefit year | ||||||
14 | beginning prior to January 4, 2004, an individual's weekly | ||||||
15 | benefit amount shall be an amount equal to the weekly benefit | ||||||
16 | amount as defined in the provisions of this Act as amended and | ||||||
17 | in effect on November 18, 2011. | ||||||
18 | B. 1. With respect to any benefit year beginning on or | ||||||
19 | after January 4, 2004 and before January 6, 2008, an | ||||||
20 | individual's weekly benefit amount shall be 48% of his or her | ||||||
21 | prior average weekly wage, rounded (if not already a multiple | ||||||
22 | of one dollar) to the next higher dollar; provided, however, | ||||||
23 | that the weekly benefit amount cannot exceed the maximum | ||||||
24 | weekly benefit amount and cannot be less than $51. Except as | ||||||
25 | otherwise provided in this Section, with respect to any | ||||||
26 | benefit year beginning on or after January 6, 2008, an |
| |||||||
| |||||||
1 | individual's weekly benefit amount shall be 47% of his or her | ||||||
2 | prior average weekly wage, rounded (if not already a multiple | ||||||
3 | of one dollar) to the next higher dollar; provided, however, | ||||||
4 | that the weekly benefit amount cannot exceed the maximum | ||||||
5 | weekly benefit amount and cannot be less than $51. With | ||||||
6 | respect to any benefit year beginning on or after January 1, | ||||||
7 | 2024 and before January 1, 2025, an individual's weekly | ||||||
8 | benefit amount shall be 40.6% of his or her prior average | ||||||
9 | weekly wage, rounded (if not already a multiple of one dollar) | ||||||
10 | to the next higher dollar; provided, however, that the weekly | ||||||
11 | benefit amount cannot exceed the maximum weekly benefit amount | ||||||
12 | and cannot be less than $51. | ||||||
13 | 2. For the purposes of this subsection: | ||||||
14 | An individual's "prior average weekly wage" means the | ||||||
15 | total wages for insured work paid to that individual during | ||||||
16 | the 2 calendar quarters of his base period in which such total | ||||||
17 | wages were highest, divided by 26. If the quotient is not | ||||||
18 | already a multiple of one dollar, it shall be rounded to the | ||||||
19 | nearest dollar; however if the quotient is equally near 2 | ||||||
20 | multiples of one dollar, it shall be rounded to the higher | ||||||
21 | multiple of one dollar. | ||||||
22 | "Determination date" means June 1 and December 1 of each | ||||||
23 | calendar year except that, for the purposes of this Act only, | ||||||
24 | there shall be no June 1 determination date in any year. | ||||||
25 | "Determination period" means, with respect to each June 1 | ||||||
26 | determination date, the 12 consecutive calendar months ending |
| |||||||
| |||||||
1 | on the immediately preceding December 31 and, with respect to | ||||||
2 | each December 1 determination date, the 12 consecutive | ||||||
3 | calendar months ending on the immediately preceding June 30. | ||||||
4 | "Benefit period" means the 12 consecutive calendar month | ||||||
5 | period beginning on the first day of the first calendar month | ||||||
6 | immediately following a determination date, except that, with | ||||||
7 | respect to any calendar year in which there is a June 1 | ||||||
8 | determination date, "benefit period" shall mean the 6 | ||||||
9 | consecutive calendar month period beginning on the first day | ||||||
10 | of the first calendar month immediately following the | ||||||
11 | preceding December 1 determination date and the 6 consecutive | ||||||
12 | calendar month period beginning on the first day of the first | ||||||
13 | calendar month immediately following the June 1 determination | ||||||
14 | date. | ||||||
15 | "Gross wages" means all the wages paid to individuals | ||||||
16 | during the determination period immediately preceding a | ||||||
17 | determination date for insured work, and reported to the | ||||||
18 | Director by employers prior to the first day of the third | ||||||
19 | calendar month preceding that date. | ||||||
20 | "Covered employment" for any calendar month means the | ||||||
21 | total number of individuals, as determined by the Director, | ||||||
22 | engaged in insured work at mid-month. | ||||||
23 | "Average monthly covered employment" means one-twelfth of | ||||||
24 | the sum of the covered employment for the 12 months of a | ||||||
25 | determination period. | ||||||
26 | "Statewide average annual wage" means the quotient, |
| |||||||
| |||||||
1 | obtained by dividing gross wages by average monthly covered | ||||||
2 | employment for the same determination period, rounded (if not | ||||||
3 | already a multiple of one cent) to the nearest cent. | ||||||
4 | "Statewide average weekly wage" means the quotient, | ||||||
5 | obtained by dividing the statewide average annual wage by 52, | ||||||
6 | rounded (if not already a multiple of one cent) to the nearest | ||||||
7 | cent. Notwithstanding any provision of this Section to the | ||||||
8 | contrary, the statewide average weekly wage for any benefit | ||||||
9 | period prior to calendar year 2012 shall be as determined by | ||||||
10 | the provisions of this Act as amended and in effect on November | ||||||
11 | 18, 2011. Notwithstanding any provisions of this Section to | ||||||
12 | the contrary, the statewide average weekly wage for the | ||||||
13 | benefit period of calendar year 2012 shall be $856.55 and for | ||||||
14 | each calendar year thereafter, the statewide average weekly | ||||||
15 | wage shall be the statewide average weekly wage, as determined | ||||||
16 | in accordance with this sentence, for the immediately | ||||||
17 | preceding benefit period plus (or minus) an amount equal to | ||||||
18 | the percentage change in the statewide average weekly wage, as | ||||||
19 | computed in accordance with the first sentence of this | ||||||
20 | paragraph, between the 2 immediately preceding benefit | ||||||
21 | periods, multiplied by the statewide average weekly wage, as | ||||||
22 | determined in accordance with this sentence, for the | ||||||
23 | immediately preceding benefit period. However, for purposes of | ||||||
24 | the Workers' Compensation Act, the statewide average weekly | ||||||
25 | wage will be computed using June 1 and December 1 | ||||||
26 | determination dates of each calendar year and such |
| |||||||
| |||||||
1 | determination shall not be subject to the limitation of the | ||||||
2 | statewide average weekly wage as computed in accordance with | ||||||
3 | the preceding sentence of this paragraph. | ||||||
4 | With respect to any week beginning in a benefit year | ||||||
5 | beginning prior to January 4, 2004, "maximum weekly benefit | ||||||
6 | amount" with respect to each week beginning within a benefit | ||||||
7 | period shall be as defined in the provisions of this Act as | ||||||
8 | amended and in effect on November 18, 2011. | ||||||
9 | With respect to any benefit year beginning on or after | ||||||
10 | January 4, 2004 and before January 6, 2008, "maximum weekly | ||||||
11 | benefit amount" with respect to each week beginning within a | ||||||
12 | benefit period means 48% of the statewide average weekly wage, | ||||||
13 | rounded (if not already a multiple of one dollar) to the next | ||||||
14 | higher dollar. | ||||||
15 | Except as otherwise provided in this Section, with respect | ||||||
16 | to any benefit year beginning on or after January 6, 2008, | ||||||
17 | "maximum weekly benefit amount" with respect to each week | ||||||
18 | beginning within a benefit period means 47% of the statewide | ||||||
19 | average weekly wage, rounded (if not already a multiple of one | ||||||
20 | dollar) to the next higher dollar. | ||||||
21 | With respect to any benefit year beginning on or after | ||||||
22 | January 1, 2024 and before January 1, 2025, "maximum weekly | ||||||
23 | benefit amount" with respect to each week beginning within a | ||||||
24 | benefit period means 40.6% of the statewide average weekly | ||||||
25 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
26 | next higher dollar. |
| |||||||
| |||||||
1 | C. With respect to any week beginning in a benefit year | ||||||
2 | beginning prior to January 4, 2004, an individual's | ||||||
3 | eligibility for a dependent allowance with respect to a | ||||||
4 | nonworking spouse or one or more dependent children shall be | ||||||
5 | as defined by the provisions of this Act as amended and in | ||||||
6 | effect on November 18, 2011. | ||||||
7 | With respect to any benefit year beginning on or after | ||||||
8 | January 4, 2004 and before January 6, 2008, an individual to | ||||||
9 | whom benefits are payable with respect to any week shall, in | ||||||
10 | addition to those benefits, be paid, with respect to such | ||||||
11 | week, as follows: in the case of an individual with a | ||||||
12 | nonworking spouse, 9% of his or her prior average weekly wage, | ||||||
13 | rounded (if not already a multiple of one dollar) to the next | ||||||
14 | higher dollar, provided, that the total amount payable to the | ||||||
15 | individual with respect to a week shall not exceed 57% of the | ||||||
16 | statewide average weekly wage, rounded (if not already a | ||||||
17 | multiple of one dollar) to the next higher dollar; and in the | ||||||
18 | case of an individual with a dependent child or dependent | ||||||
19 | children, 17.2% of his or her prior average weekly wage, | ||||||
20 | rounded (if not already a multiple of one dollar) to the next | ||||||
21 | higher dollar, provided that the total amount payable to the | ||||||
22 | individual with respect to a week shall not exceed 65.2% of the | ||||||
23 | statewide average weekly wage, rounded (if not already a | ||||||
24 | multiple of one dollar) to the next higher dollar. | ||||||
25 | With respect to any benefit year beginning on or after | ||||||
26 | January 6, 2008 and before January 1, 2010, an individual to |
| |||||||
| |||||||
1 | whom benefits are payable with respect to any week shall, in | ||||||
2 | addition to those benefits, be paid, with respect to such | ||||||
3 | week, as follows: in the case of an individual with a | ||||||
4 | nonworking spouse, 9% of his or her prior average weekly wage, | ||||||
5 | rounded (if not already a multiple of one dollar) to the next | ||||||
6 | higher dollar, provided, that the total amount payable to the | ||||||
7 | individual with respect to a week shall not exceed 56% of the | ||||||
8 | statewide average weekly wage, rounded (if not already a | ||||||
9 | multiple of one dollar) to the next higher dollar; and in the | ||||||
10 | case of an individual with a dependent child or dependent | ||||||
11 | children, 18.2% of his or her prior average weekly wage, | ||||||
12 | rounded (if not already a multiple of one dollar) to the next | ||||||
13 | higher dollar, provided that the total amount payable to the | ||||||
14 | individual with respect to a week shall not exceed 65.2% of the | ||||||
15 | statewide average weekly wage, rounded (if not already a | ||||||
16 | multiple of one dollar) to the next higher dollar. | ||||||
17 | The additional amount paid pursuant to this subsection in | ||||||
18 | the case of an individual with a dependent child or dependent | ||||||
19 | children shall be referred to as the "dependent child | ||||||
20 | allowance", and the percentage rate by which an individual's | ||||||
21 | prior average weekly wage is multiplied pursuant to this | ||||||
22 | subsection to calculate the dependent child allowance shall be | ||||||
23 | referred to as the "dependent child allowance rate". | ||||||
24 | Except as otherwise provided in this Section, with respect | ||||||
25 | to any benefit year beginning on or after January 1, 2010, an | ||||||
26 | individual to whom benefits are payable with respect to any |
| |||||||
| |||||||
1 | week shall, in addition to those benefits, be paid, with | ||||||
2 | respect to such week, as follows: in the case of an individual | ||||||
3 | with a nonworking spouse, the greater of (i) 9% of his or her | ||||||
4 | prior average weekly wage, rounded (if not already a multiple | ||||||
5 | of one dollar) to the next higher dollar, or (ii) $15, provided | ||||||
6 | that the total amount payable to the individual with respect | ||||||
7 | to a week shall not exceed 56% of the statewide average weekly | ||||||
8 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
9 | next higher dollar; and in the case of an individual with a | ||||||
10 | dependent child or dependent children, the greater of (i) the | ||||||
11 | product of the dependent child allowance rate multiplied by | ||||||
12 | his or her prior average weekly wage, rounded (if not already a | ||||||
13 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
14 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
15 | rounded (if not already a multiple of one dollar) to the next | ||||||
16 | higher dollar, provided that the total amount payable to the | ||||||
17 | individual with respect to a week shall not exceed the product | ||||||
18 | of the statewide average weekly wage multiplied by the sum of | ||||||
19 | 47% plus the dependent child allowance rate, rounded (if not | ||||||
20 | already a multiple of one dollar) to the next higher dollar. | ||||||
21 | With respect to any benefit year beginning on or after | ||||||
22 | January 1, 2024 and before January 1, 2025, an individual to | ||||||
23 | whom benefits are payable with respect to any week shall, in | ||||||
24 | addition to those benefits, be paid, with respect to such | ||||||
25 | week, as follows: in the case of an individual with a | ||||||
26 | nonworking spouse, the greater of (i) 9% of his or her prior |
| |||||||
| |||||||
1 | average weekly wage, rounded (if not already a multiple of one | ||||||
2 | dollar) to the next higher dollar, or (ii) $15, provided that | ||||||
3 | the total amount payable to the individual with respect to a | ||||||
4 | week shall not exceed 49.6% of the statewide average weekly | ||||||
5 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
6 | next higher dollar; and in the case of an individual with a | ||||||
7 | dependent child or dependent children, the greater of (i) the | ||||||
8 | product of the dependent child allowance rate multiplied by | ||||||
9 | his or her prior average weekly wage, rounded (if not already a | ||||||
10 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
11 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
12 | rounded (if not already a multiple of one dollar) to the next | ||||||
13 | higher dollar, provided that the total amount payable to the | ||||||
14 | individual with respect to a week shall not exceed the product | ||||||
15 | of the statewide average weekly wage multiplied by the sum of | ||||||
16 | 40.6% plus the dependent child allowance rate, rounded (if not | ||||||
17 | already a multiple of one dollar) to the next higher dollar. | ||||||
18 | With respect to each benefit year beginning after calendar | ||||||
19 | year 2012, the dependent child allowance rate shall be the sum | ||||||
20 | of the allowance adjustment applicable pursuant to Section | ||||||
21 | 1400.1 to the calendar year in which the benefit year begins, | ||||||
22 | plus the dependent child allowance rate with respect to each | ||||||
23 | benefit year beginning in the immediately preceding calendar | ||||||
24 | year, except as otherwise provided in this subsection. The | ||||||
25 | dependent child allowance rate with respect to each benefit | ||||||
26 | year beginning in calendar year 2010 shall be 17.9%. The |
| |||||||
| |||||||
1 | dependent child allowance rate with respect to each benefit | ||||||
2 | year beginning in calendar year 2011 shall be 17.4%. The | ||||||
3 | dependent child allowance rate with respect to each benefit | ||||||
4 | year beginning in calendar year 2012 shall be 17.0% and, with | ||||||
5 | respect to each benefit year beginning after calendar year | ||||||
6 | 2012, shall not be less than 17.0% or greater than 17.9%. | ||||||
7 | For the purposes of this subsection: | ||||||
8 | "Dependent" means a child or a nonworking spouse. | ||||||
9 | "Child" means a natural child, stepchild, or adopted child | ||||||
10 | of an individual claiming benefits under this Act or a child | ||||||
11 | who is in the custody of any such individual by court order, | ||||||
12 | for whom the individual is supplying and, for at least 90 | ||||||
13 | consecutive days (or for the duration of the parental | ||||||
14 | relationship if it has existed for less than 90 days) | ||||||
15 | immediately preceding any week with respect to which the | ||||||
16 | individual has filed a claim, has supplied more than one-half | ||||||
17 | the cost of support, or has supplied at least 1/4 of the cost | ||||||
18 | of support if the individual and the other parent, together, | ||||||
19 | are supplying and, during the aforesaid period, have supplied | ||||||
20 | more than one-half the cost of support, and are, and were | ||||||
21 | during the aforesaid period, members of the same household; | ||||||
22 | and who, on the first day of such week (a) is under 18 years of | ||||||
23 | age, or (b) is, and has been during the immediately preceding | ||||||
24 | 90 days, unable to work because of illness or other | ||||||
25 | disability: provided, that no person who has been determined | ||||||
26 | to be a child of an individual who has been allowed benefits |
| |||||||
| |||||||
1 | with respect to a week in the individual's benefit year shall | ||||||
2 | be deemed to be a child of the other parent, and no other | ||||||
3 | person shall be determined to be a child of such other parent, | ||||||
4 | during the remainder of that benefit year. | ||||||
5 | "Nonworking spouse" means the lawful husband or wife of an | ||||||
6 | individual claiming benefits under this Act, for whom more | ||||||
7 | than one-half the cost of support has been supplied by the | ||||||
8 | individual for at least 90 consecutive days (or for the | ||||||
9 | duration of the marital relationship if it has existed for | ||||||
10 | less than 90 days) immediately preceding any week with respect | ||||||
11 | to which the individual has filed a claim, but only if the | ||||||
12 | nonworking spouse is currently ineligible to receive benefits | ||||||
13 | under this Act by reason of the provisions of Section 500E. | ||||||
14 | An individual who was obligated by law to provide for the | ||||||
15 | support of a child or of a nonworking spouse for the aforesaid | ||||||
16 | period of 90 consecutive days, but was prevented by illness or | ||||||
17 | injury from doing so, shall be deemed to have provided more | ||||||
18 | than one-half the cost of supporting the child or nonworking | ||||||
19 | spouse for that period. | ||||||
20 | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | ||||||
21 | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. | ||||||
22 | 1-1-23.) | ||||||
23 | (820 ILCS 405/403) (from Ch. 48, par. 403) | ||||||
24 | Sec. 403. Maximum total amount of benefits. | ||||||
25 | (I) If and only if funds from the State treasury are not |
| |||||||
| |||||||
1 | appropriated on or before January 31, 2023 that are dedicated | ||||||
2 | to pay all outstanding advances made to the State's account in | ||||||
3 | the Unemployment Trust Fund pursuant to Title XII of the | ||||||
4 | federal Social Security Act, then this Part (I) is inoperative | ||||||
5 | retroactive to January 1, 2023. | ||||||
6 | A. With respect to any benefit year beginning prior to | ||||||
7 | September 30, 1979, any otherwise eligible individual shall be | ||||||
8 | entitled, during such benefit year, to a maximum total amount | ||||||
9 | of benefits as shall be determined in the manner set forth in | ||||||
10 | this Act as amended and in effect on November 9, 1977. | ||||||
11 | B. With respect to any benefit year beginning on or after | ||||||
12 | September 30, 1979, except as otherwise provided in this | ||||||
13 | Section, any otherwise eligible individual shall be entitled, | ||||||
14 | during such benefit year, to a maximum total amount of | ||||||
15 | benefits equal to 26 times the individual's his or her weekly | ||||||
16 | benefit amount plus dependents' allowances, or to the total | ||||||
17 | wages for insured work paid to such individual during the | ||||||
18 | individual's base period, whichever amount is smaller. With | ||||||
19 | respect to any benefit year beginning in calendar year 2012, | ||||||
20 | any otherwise eligible individual shall be entitled, during | ||||||
21 | such benefit year, to a maximum total amount of benefits equal | ||||||
22 | to 25 times the individual's his or her weekly benefit amount | ||||||
23 | plus dependents' allowances, or to the total wages for insured | ||||||
24 | work paid to such individual during the individual's base | ||||||
25 | period, whichever amount is smaller. With respect to any | ||||||
26 | benefit year beginning on or after January 1, 2027 2025 and |
| |||||||
| |||||||
1 | before January 1, 2028 2026 , any otherwise eligible individual | ||||||
2 | shall be entitled, during such benefit year, to a maximum | ||||||
3 | total amount of benefits equal to 23 times the individual's | ||||||
4 | his or her weekly benefit amount plus dependents' allowances, | ||||||
5 | or to the total wages for insured work paid to such individual | ||||||
6 | during the individual's base period, whichever amount is | ||||||
7 | smaller. | ||||||
8 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
9 | if funds from the State treasury are not appropriated on or | ||||||
10 | before January 31, 2023 that are dedicated to pay all | ||||||
11 | outstanding advances made to the State's account in the | ||||||
12 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
13 | Social Security Act. If this Part (II) becomes operative, it | ||||||
14 | is operative retroactive to January 1, 2023. | ||||||
15 | A. With respect to any benefit year beginning prior to | ||||||
16 | September 30, 1979, any otherwise eligible individual shall be | ||||||
17 | entitled, during such benefit year, to a maximum total amount | ||||||
18 | of benefits as shall be determined in the manner set forth in | ||||||
19 | this Act as amended and in effect on November 9, 1977. | ||||||
20 | B. With respect to any benefit year beginning on or after | ||||||
21 | September 30, 1979, except as otherwise provided in this | ||||||
22 | Section, any otherwise eligible individual shall be entitled, | ||||||
23 | during such benefit year, to a maximum total amount of | ||||||
24 | benefits equal to 26 times his or her weekly benefit amount | ||||||
25 | plus dependents' allowances, or to the total wages for insured | ||||||
26 | work paid to such individual during the individual's base |
| |||||||
| |||||||
1 | period, whichever amount is smaller. With respect to any | ||||||
2 | benefit year beginning in calendar year 2012, any otherwise | ||||||
3 | eligible individual shall be entitled, during such benefit | ||||||
4 | year, to a maximum total amount of benefits equal to 25 times | ||||||
5 | his or her weekly benefit amount plus dependents' allowances, | ||||||
6 | or to the total wages for insured work paid to such individual | ||||||
7 | during the individual's base period, whichever amount is | ||||||
8 | smaller. With respect to any benefit year beginning on or | ||||||
9 | after January 1, 2024 and before January 1, 2025, any | ||||||
10 | otherwise eligible individual shall be entitled, during such | ||||||
11 | benefit year, to a maximum total amount of benefits equal to 23 | ||||||
12 | times his or her weekly benefit amount plus dependents' | ||||||
13 | allowances, or to the total wages for insured work paid to such | ||||||
14 | individual during the individual's base period, whichever | ||||||
15 | amount is smaller. | ||||||
16 | (Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21; | ||||||
17 | 102-700, eff. 4-19-22; 102-1105, eff. 1-1-23.) | ||||||
18 | (820 ILCS 405/1400.1) | ||||||
19 | Sec. 1400.1. Solvency Adjustments. | ||||||
20 | (I) If and only if funds from the State treasury are not | ||||||
21 | appropriated on or before January 31, 2023 that are dedicated | ||||||
22 | to pay all outstanding advances made to the State's account in | ||||||
23 | the Unemployment Trust Fund pursuant to Title XII of the | ||||||
24 | federal Social Security Act, then this Part (I) is inoperative | ||||||
25 | retroactive to January 1, 2023. |
| |||||||
| |||||||
1 | As used in this Section, "prior year's trust fund balance" | ||||||
2 | means the net amount standing to the credit of this State's | ||||||
3 | account in the unemployment trust fund (less all outstanding | ||||||
4 | advances to that account, including but not limited to | ||||||
5 | advances pursuant to Title XII of the federal Social Security | ||||||
6 | Act) as of June 30 of the immediately preceding calendar year. | ||||||
7 | The wage base adjustment, rate adjustment, and allowance | ||||||
8 | adjustment applicable to any calendar year prior to 2023 shall | ||||||
9 | be as determined pursuant to this Section as in effect prior to | ||||||
10 | the effective date of this amendatory Act of the 102nd General | ||||||
11 | Assembly. | ||||||
12 | The rate adjustment and allowance adjustment applicable to | ||||||
13 | calendar year 2023 and each calendar year thereafter shall be | ||||||
14 | as follows: | ||||||
15 | If the prior year's trust fund balance is less than | ||||||
16 | $525,000,000, the rate adjustment shall be 0.05%, and the | ||||||
17 | allowance adjustment shall be -0.3% absolute. | ||||||
18 | If the prior year's trust fund balance is equal to or | ||||||
19 | greater than $525,000,000 but less than $1,225,000,000, | ||||||
20 | the rate adjustment shall be 0.025%, and the allowance | ||||||
21 | adjustment shall be -0.2% absolute. | ||||||
22 | If the prior year's trust fund balance is equal to or | ||||||
23 | greater than $1,225,000,000 but less than $1,750,000,000, | ||||||
24 | the rate adjustment shall be 0, and the allowance | ||||||
25 | adjustment shall be -0.1% absolute. | ||||||
26 | If the prior year's trust fund balance is equal to or |
| |||||||
| |||||||
1 | greater than $1,750,000,000 but less than $2,275,000,000, | ||||||
2 | the rate adjustment shall be 0, and the allowance | ||||||
3 | adjustment shall be 0.1% absolute. | ||||||
4 | If the prior year's trust fund balance is equal to or | ||||||
5 | greater than $2,275,000,000 but less than $2,975,000,000, | ||||||
6 | the rate adjustment shall be -0.025%, and the allowance | ||||||
7 | adjustment shall be 0.2% absolute. | ||||||
8 | If the prior year's trust fund balance is equal to or | ||||||
9 | greater than $2,975,000,000, the rate adjustment shall be - | ||||||
10 | 0.05%, and the allowance adjustment shall be 0.3% | ||||||
11 | absolute. | ||||||
12 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
13 | if funds from the State treasury are not appropriated on or | ||||||
14 | before January 31, 2023 that are dedicated to pay all | ||||||
15 | outstanding advances made to the State's account in the | ||||||
16 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
17 | Social Security Act. If this Part (II) becomes operative, it | ||||||
18 | is operative retroactive to January 1, 2023. | ||||||
19 | As used in this Section, "prior year's trust fund | ||||||
20 | balance" means the net amount standing to the credit of this | ||||||
21 | State's account in the unemployment trust fund (less all | ||||||
22 | outstanding advances to that account, including but not | ||||||
23 | limited to advances pursuant to Title XII of the federal | ||||||
24 | Social Security Act) as of June 30 of the immediately | ||||||
25 | preceding calendar year. | ||||||
26 | The wage base adjustment, rate adjustment, and allowance |
| |||||||
| |||||||
1 | adjustment applicable to any calendar year after calendar year | ||||||
2 | 2009 shall be as follows: | ||||||
3 | If the prior year's trust fund balance is less than | ||||||
4 | $300,000,000, the wage base adjustment shall be $220, the | ||||||
5 | rate adjustment shall be 0.05%, and the allowance | ||||||
6 | adjustment shall be -0.3% absolute. | ||||||
7 | If the prior year's trust fund balance is equal to or | ||||||
8 | greater than $300,000,000 but less than $700,000,000, the | ||||||
9 | wage base adjustment shall be $150, the rate adjustment | ||||||
10 | shall be 0.025%, and the allowance adjustment shall be - | ||||||
11 | 0.2% absolute. | ||||||
12 | If the prior year's trust fund balance is equal to or | ||||||
13 | greater than $700,000,000 but less than $1,000,000,000, | ||||||
14 | the wage base adjustment shall be $75, the rate adjustment | ||||||
15 | shall be 0, and the allowance adjustment shall be -0.1% | ||||||
16 | absolute. | ||||||
17 | If the prior year's trust fund balance is equal to or | ||||||
18 | greater than $1,000,000,000 but less than $1,300,000,000, | ||||||
19 | the wage base adjustment shall be -$75, the rate | ||||||
20 | adjustment shall be 0, and the allowance adjustment shall | ||||||
21 | be 0.1% absolute. | ||||||
22 | If the prior year's trust fund balance is equal to or | ||||||
23 | greater than $1,300,000,000 but less than $1,700,000,000, | ||||||
24 | the wage base adjustment shall be -$150, the rate | ||||||
25 | adjustment shall be -0.025%, and the allowance adjustment | ||||||
26 | shall be 0.2% absolute. |
| |||||||
| |||||||
1 | If the prior year's trust fund balance is equal to or | ||||||
2 | greater than $1,700,000,000, the wage base adjustment | ||||||
3 | shall be -$220, the rate adjustment shall be -0.05%, and | ||||||
4 | the allowance adjustment shall be 0.3% absolute. | ||||||
5 | (Source: P.A. 102-1105, eff. 1-1-23.) | ||||||
6 | (820 ILCS 405/1505) (from Ch. 48, par. 575) | ||||||
7 | Sec. 1505. Adjustment of state experience factor. | ||||||
8 | (I) If and only if funds from the State treasury are not | ||||||
9 | appropriated on or before January 31, 2023 that are dedicated | ||||||
10 | to pay all outstanding advances made to the State's account in | ||||||
11 | the Unemployment Trust Fund pursuant to Title XII of the | ||||||
12 | federal Social Security Act, then this Part (I) is inoperative | ||||||
13 | retroactive to January 1, 2023. | ||||||
14 | The state experience factor shall be adjusted in accordance | ||||||
15 | with the following provisions: | ||||||
16 | A. For calendar years prior to 1988, the state experience | ||||||
17 | factor shall be adjusted in accordance with the provisions of | ||||||
18 | this Act as amended and in effect on November 18, 2011. | ||||||
19 | B. (Blank). | ||||||
20 | C. For calendar year 1988 and each calendar year | ||||||
21 | thereafter, for which the state experience factor is being | ||||||
22 | determined. | ||||||
23 | 1. For every $50,000,000 (or fraction thereof) by | ||||||
24 | which the adjusted trust fund balance falls below the | ||||||
25 | target balance set forth in this subsection, the state |
| |||||||
| |||||||
1 | experience factor for the succeeding year shall be | ||||||
2 | increased one percent absolute. | ||||||
3 | For every $50,000,000 (or fraction thereof) by which | ||||||
4 | the adjusted trust fund balance exceeds the target balance | ||||||
5 | set forth in this subsection, the state experience factor | ||||||
6 | for the succeeding year shall be decreased by one percent | ||||||
7 | absolute. | ||||||
8 | The target balance in each calendar year prior to 2003 | ||||||
9 | is $750,000,000. The target balance in calendar year 2003 | ||||||
10 | is $920,000,000. The target balance in calendar year 2004 | ||||||
11 | is $960,000,000. The target balance in calendar year 2005 | ||||||
12 | and each calendar year through 2022 is $1,000,000,000. The | ||||||
13 | target balance in calendar year 2023 and each calendar | ||||||
14 | year thereafter is $1,750,000,000. | ||||||
15 | 2. For the purposes of this subsection: | ||||||
16 | "Net trust fund balance" is the amount standing to the | ||||||
17 | credit of this State's account in the unemployment trust | ||||||
18 | fund as of June 30 of the calendar year immediately | ||||||
19 | preceding the year for which a state experience factor is | ||||||
20 | being determined. | ||||||
21 | "Adjusted trust fund balance" is the net trust fund | ||||||
22 | balance minus the sum of the benefit reserves for fund | ||||||
23 | building for July 1, 1987 through June 30 of the year prior | ||||||
24 | to the year for which the state experience factor is being | ||||||
25 | determined. The adjusted trust fund balance shall not be | ||||||
26 | less than zero. If the preceding calculation results in a |
| |||||||
| |||||||
1 | number which is less than zero, the amount by which it is | ||||||
2 | less than zero shall reduce the sum of the benefit | ||||||
3 | reserves for fund building for subsequent years. | ||||||
4 | For the purpose of determining the state experience | ||||||
5 | factor for 1989 and for each calendar year thereafter, the | ||||||
6 | following "benefit reserves for fund building" shall apply | ||||||
7 | for each state experience factor calculation in which that | ||||||
8 | 12 month period is applicable: | ||||||
9 | a. For the 12 month period ending on June 30, 1988, | ||||||
10 | the "benefit reserve for fund building" shall be | ||||||
11 | 8/104th of the total benefits paid from January 1, | ||||||
12 | 1988 through June 30, 1988. | ||||||
13 | b. For the 12 month period ending on June 30, 1989, | ||||||
14 | the "benefit reserve for fund building" shall be the | ||||||
15 | sum of: | ||||||
16 | i. 8/104ths of the total benefits paid from | ||||||
17 | July 1, 1988 through December 31, 1988, plus | ||||||
18 | ii. 4/108ths of the total benefits paid from | ||||||
19 | January 1, 1989 through June 30, 1989. | ||||||
20 | c. For the 12 month period ending on June 30, 1990, | ||||||
21 | the "benefit reserve for fund building" shall be | ||||||
22 | 4/108ths of the total benefits paid from July 1, 1989 | ||||||
23 | through December 31, 1989. | ||||||
24 | d. For 1992 and for each calendar year thereafter, | ||||||
25 | the "benefit reserve for fund building" for the 12 | ||||||
26 | month period ending on June 30, 1991 and for each |
| |||||||
| |||||||
1 | subsequent 12 month period shall be zero. | ||||||
2 | 3. Notwithstanding the preceding provisions of this | ||||||
3 | subsection, for calendar years 1988 through 2003, the | ||||||
4 | state experience factor shall not be increased or | ||||||
5 | decreased by more than 15 percent absolute. | ||||||
6 | D. Notwithstanding the provisions of subsection C, the | ||||||
7 | adjusted state experience factor: | ||||||
8 | 1. Shall be 111 percent for calendar year 1988; | ||||||
9 | 2. Shall not be less than 75 percent nor greater than | ||||||
10 | 135 percent for calendar years 1989 through 2003; and | ||||||
11 | shall not be less than 75% nor greater than 150% for | ||||||
12 | calendar year 2004 and each calendar year thereafter, not | ||||||
13 | counting any increase pursuant to subsection D-1, D-2, or | ||||||
14 | D-3; | ||||||
15 | 3. Shall not be decreased by more than 5 percent | ||||||
16 | absolute for any calendar year, beginning in calendar year | ||||||
17 | 1989 and through calendar year 1992, by more than 6% | ||||||
18 | absolute for calendar years 1993 through 1995, by more | ||||||
19 | than 10% absolute for calendar years 1999 through 2003 and | ||||||
20 | by more than 12% absolute for calendar year 2004 and each | ||||||
21 | calendar year thereafter, from the adjusted state | ||||||
22 | experience factor of the calendar year preceding the | ||||||
23 | calendar year for which the adjusted state experience | ||||||
24 | factor is being determined; | ||||||
25 | 4. Shall not be increased by more than 15% absolute | ||||||
26 | for calendar year 1993, by more than 14% absolute for |
| |||||||
| |||||||
1 | calendar years 1994 and 1995, by more than 10% absolute | ||||||
2 | for calendar years 1999 through 2003 and by more than 16% | ||||||
3 | absolute for calendar year 2004 and each calendar year | ||||||
4 | thereafter, from the adjusted state experience factor for | ||||||
5 | the calendar year preceding the calendar year for which | ||||||
6 | the adjusted state experience factor is being determined; | ||||||
7 | 5. Shall be 100% for calendar years 1996, 1997, and | ||||||
8 | 1998. | ||||||
9 | D-1. The adjusted state experience factor for each of | ||||||
10 | calendar years 2013 through 2015 shall be increased by 5% | ||||||
11 | absolute above the adjusted state experience factor as | ||||||
12 | calculated without regard to this subsection. The adjusted | ||||||
13 | state experience factor for each of calendar years 2016 | ||||||
14 | through 2018 shall be increased by 6% absolute above the | ||||||
15 | adjusted state experience factor as calculated without regard | ||||||
16 | to this subsection. The increase in the adjusted state | ||||||
17 | experience factor for calendar year 2018 pursuant to this | ||||||
18 | subsection shall not be counted for purposes of applying | ||||||
19 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
20 | adjusted state experience factor for calendar year 2019. | ||||||
21 | D-2. (Blank). | ||||||
22 | D-3. The adjusted state experience factor for calendar | ||||||
23 | year 2027 2025 shall be increased by 20% absolute above the | ||||||
24 | adjusted state experience factor as calculated without regard | ||||||
25 | to this subsection. The increase in the adjusted state | ||||||
26 | experience factor for calendar year 2027 2025 pursuant to this |
| |||||||
| |||||||
1 | subsection shall not be counted for purposes of applying | ||||||
2 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
3 | adjusted state experience factor for calendar year 2028 2026 . | ||||||
4 | D-4. The If and only if an appropriation as set forth in | ||||||
5 | subsection B of Part (I) of Section 2101.1 is made, the | ||||||
6 | adjusted state experience factor for calendar years beginning | ||||||
7 | in 2024 shall be increased by 3% absolute above the adjusted | ||||||
8 | state experience factor as calculated without regard to this | ||||||
9 | subsection or subsection D-3. The increase in the state | ||||||
10 | experience factor provided for in this subsection shall not be | ||||||
11 | counted for purposes of applying paragraph 3 or 4 of | ||||||
12 | subsection D to the calculation of the adjusted state | ||||||
13 | experience factor for the following calendar year. This | ||||||
14 | subsection shall cease to be operative beginning January 1 of | ||||||
15 | the calendar year following the calendar year in which the | ||||||
16 | total amount of the transfers of funds provided for in | ||||||
17 | subsection B of Part (I) of Section 2101.1 equals the total | ||||||
18 | amount of the appropriation. | ||||||
19 | E. The amount standing to the credit of this State's | ||||||
20 | account in the unemployment trust fund as of June 30 shall be | ||||||
21 | deemed to include as part thereof (a) any amount receivable on | ||||||
22 | that date from any Federal governmental agency, or as a | ||||||
23 | payment in lieu of contributions under the provisions of | ||||||
24 | Sections 1403 and 1405 B and paragraph 2 of Section 302C, in | ||||||
25 | reimbursement of benefits paid to individuals, and (b) amounts | ||||||
26 | credited by the Secretary of the Treasury of the United States |
| |||||||
| |||||||
1 | to this State's account in the unemployment trust fund | ||||||
2 | pursuant to Section 903 of the Federal Social Security Act, as | ||||||
3 | amended, including any such amounts which have been | ||||||
4 | appropriated by the General Assembly in accordance with the | ||||||
5 | provisions of Section 2100 B for expenses of administration, | ||||||
6 | except any amounts which have been obligated on or before that | ||||||
7 | date pursuant to such appropriation. | ||||||
8 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
9 | if funds from the State treasury are not appropriated on or | ||||||
10 | before January 31, 2023 that are dedicated to pay all | ||||||
11 | outstanding advances made to the State's account in the | ||||||
12 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
13 | Social Security Act. If this Part (II) becomes operative, it | ||||||
14 | is operative retroactive to January 1, 2023. | ||||||
15 | The state experience factor shall be adjusted in accordance | ||||||
16 | with the following provisions: | ||||||
17 | A. For calendar years prior to 1988, the state experience | ||||||
18 | factor shall be adjusted in accordance with the provisions of | ||||||
19 | this Act as amended and in effect on November 18, 2011. | ||||||
20 | B. (Blank). | ||||||
21 | C. For calendar year 1988 and each calendar year | ||||||
22 | thereafter, for which the state experience factor is being | ||||||
23 | determined. | ||||||
24 | 1. For every $50,000,000 (or fraction thereof) by | ||||||
25 | which the adjusted trust fund balance falls below the | ||||||
26 | target balance set forth in this subsection, the state |
| |||||||
| |||||||
1 | experience factor for the succeeding year shall be | ||||||
2 | increased one percent absolute. | ||||||
3 | For every $50,000,000 (or fraction thereof) by which | ||||||
4 | the adjusted trust fund balance exceeds the target balance | ||||||
5 | set forth in this subsection, the state experience factor | ||||||
6 | for the succeeding year shall be decreased by one percent | ||||||
7 | absolute. | ||||||
8 | The target balance in each calendar year prior to 2003 | ||||||
9 | is $750,000,000. The target balance in calendar year 2003 | ||||||
10 | is $920,000,000. The target balance in calendar year 2004 | ||||||
11 | is $960,000,000. The target balance in calendar year 2005 | ||||||
12 | and each calendar year thereafter is $1,000,000,000. | ||||||
13 | 2. For the purposes of this subsection: | ||||||
14 | "Net trust fund balance" is the amount standing to the | ||||||
15 | credit of this State's account in the unemployment trust | ||||||
16 | fund as of June 30 of the calendar year immediately | ||||||
17 | preceding the year for which a state experience factor is | ||||||
18 | being determined. | ||||||
19 | "Adjusted trust fund balance" is the net trust fund | ||||||
20 | balance minus the sum of the benefit reserves for fund | ||||||
21 | building for July 1, 1987 through June 30 of the year prior | ||||||
22 | to the year for which the state experience factor is being | ||||||
23 | determined. The adjusted trust fund balance shall not be | ||||||
24 | less than zero. If the preceding calculation results in a | ||||||
25 | number which is less than zero, the amount by which it is | ||||||
26 | less than zero shall reduce the sum of the benefit |
| |||||||
| |||||||
1 | reserves for fund building for subsequent years. | ||||||
2 | For the purpose of determining the state experience | ||||||
3 | factor for 1989 and for each calendar year thereafter, the | ||||||
4 | following "benefit reserves for fund building" shall apply | ||||||
5 | for each state experience factor calculation in which that | ||||||
6 | 12 month period is applicable: | ||||||
7 | a. For the 12 month period ending on June 30, 1988, | ||||||
8 | the "benefit reserve for fund building" shall be | ||||||
9 | 8/104th of the total benefits paid from January 1, | ||||||
10 | 1988 through June 30, 1988. | ||||||
11 | b. For the 12 month period ending on June 30, 1989, | ||||||
12 | the "benefit reserve for fund building" shall be the | ||||||
13 | sum of: | ||||||
14 | i. 8/104ths of the total benefits paid from | ||||||
15 | July 1, 1988 through December 31, 1988, plus | ||||||
16 | ii. 4/108ths of the total benefits paid from | ||||||
17 | January 1, 1989 through June 30, 1989. | ||||||
18 | c. For the 12 month period ending on June 30, 1990, | ||||||
19 | the "benefit reserve for fund building" shall be | ||||||
20 | 4/108ths of the total benefits paid from July 1, 1989 | ||||||
21 | through December 31, 1989. | ||||||
22 | d. For 1992 and for each calendar year thereafter, | ||||||
23 | the "benefit reserve for fund building" for the 12 | ||||||
24 | month period ending on June 30, 1991 and for each | ||||||
25 | subsequent 12 month period shall be zero. | ||||||
26 | 3. Notwithstanding the preceding provisions of this |
| |||||||
| |||||||
1 | subsection, for calendar years 1988 through 2003, the | ||||||
2 | state experience factor shall not be increased or | ||||||
3 | decreased by more than 15 percent absolute. | ||||||
4 | D. Notwithstanding the provisions of subsection C, the | ||||||
5 | adjusted state experience factor: | ||||||
6 | 1. Shall be 111 percent for calendar year 1988; | ||||||
7 | 2. Shall not be less than 75 percent nor greater than | ||||||
8 | 135 percent for calendar years 1989 through 2003; and | ||||||
9 | shall not be less than 75% nor greater than 150% for | ||||||
10 | calendar year 2004 and each calendar year thereafter, not | ||||||
11 | counting any increase pursuant to subsection D-1, D-2, or | ||||||
12 | D-3; | ||||||
13 | 3. Shall not be decreased by more than 5 percent | ||||||
14 | absolute for any calendar year, beginning in calendar year | ||||||
15 | 1989 and through calendar year 1992, by more than 6% | ||||||
16 | absolute for calendar years 1993 through 1995, by more | ||||||
17 | than 10% absolute for calendar years 1999 through 2003 and | ||||||
18 | by more than 12% absolute for calendar year 2004 and each | ||||||
19 | calendar year thereafter, from the adjusted state | ||||||
20 | experience factor of the calendar year preceding the | ||||||
21 | calendar year for which the adjusted state experience | ||||||
22 | factor is being determined; | ||||||
23 | 4. Shall not be increased by more than 15% absolute | ||||||
24 | for calendar year 1993, by more than 14% absolute for | ||||||
25 | calendar years 1994 and 1995, by more than 10% absolute | ||||||
26 | for calendar years 1999 through 2003 and by more than 16% |
| |||||||
| |||||||
1 | absolute for calendar year 2004 and each calendar year | ||||||
2 | thereafter, from the adjusted state experience factor for | ||||||
3 | the calendar year preceding the calendar year for which | ||||||
4 | the adjusted state experience factor is being determined; | ||||||
5 | 5. Shall be 100% for calendar years 1996, 1997, and | ||||||
6 | 1998. | ||||||
7 | D-1. The adjusted state experience factor for each of | ||||||
8 | calendar years 2013 through 2015 shall be increased by 5% | ||||||
9 | absolute above the adjusted state experience factor as | ||||||
10 | calculated without regard to this subsection. The adjusted | ||||||
11 | state experience factor for each of calendar years 2016 | ||||||
12 | through 2018 shall be increased by 6% absolute above the | ||||||
13 | adjusted state experience factor as calculated without regard | ||||||
14 | to this subsection. The increase in the adjusted state | ||||||
15 | experience factor for calendar year 2018 pursuant to this | ||||||
16 | subsection shall not be counted for purposes of applying | ||||||
17 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
18 | adjusted state experience factor for calendar year 2019. | ||||||
19 | D-2. (Blank). | ||||||
20 | D-3. The adjusted state experience factor for calendar | ||||||
21 | year 2024 shall be increased by 20% absolute above the | ||||||
22 | adjusted state experience factor as calculated without regard | ||||||
23 | to this subsection. The increase in the adjusted state | ||||||
24 | experience factor for calendar year 2024 pursuant to this | ||||||
25 | subsection shall not be counted for purposes of applying | ||||||
26 | paragraph 3 or 4 of subsection D to the calculation of the |
| |||||||
| |||||||
1 | adjusted state experience factor for calendar year 2025. | ||||||
2 | E. The amount standing to the credit of this State's | ||||||
3 | account in the unemployment trust fund as of June 30 shall be | ||||||
4 | deemed to include as part thereof (a) any amount receivable on | ||||||
5 | that date from any Federal governmental agency, or as a | ||||||
6 | payment in lieu of contributions under the provisions of | ||||||
7 | Sections 1403 and 1405 B and paragraph 2 of Section 302C, in | ||||||
8 | reimbursement of benefits paid to individuals, and (b) amounts | ||||||
9 | credited by the Secretary of the Treasury of the United States | ||||||
10 | to this State's account in the unemployment trust fund | ||||||
11 | pursuant to Section 903 of the Federal Social Security Act, as | ||||||
12 | amended, including any such amounts which have been | ||||||
13 | appropriated by the General Assembly in accordance with the | ||||||
14 | provisions of Section 2100 B for expenses of administration, | ||||||
15 | except any amounts which have been obligated on or before that | ||||||
16 | date pursuant to such appropriation. | ||||||
17 | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | ||||||
18 | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. | ||||||
19 | 1-1-23.) | ||||||
20 | (820 ILCS 405/1506.6) | ||||||
21 | Sec. 1506.6. Surcharge; specified period. | ||||||
22 | (I) If and only if funds from the State treasury are not | ||||||
23 | appropriated on or before January 31, 2023 that are dedicated | ||||||
24 | to pay all outstanding advances made to the State's account in | ||||||
25 | the Unemployment Trust Fund pursuant to Title XII of the |
| |||||||
| |||||||
1 | federal Social Security Act, then this Part (I) is inoperative | ||||||
2 | retroactive to January 1, 2023. For each employer whose | ||||||
3 | contribution rate for calendar year 2027 2025 is determined | ||||||
4 | pursuant to Section 1500 or 1506.1, in addition to the | ||||||
5 | contribution rate established pursuant to Section 1506.3, an | ||||||
6 | additional surcharge of 0.350% shall be added to the | ||||||
7 | contribution rate. The surcharge established by this Section | ||||||
8 | shall be due at the same time as other contributions with | ||||||
9 | respect to the quarter are due, as provided in Section 1400. | ||||||
10 | Payments attributable to the surcharge established pursuant to | ||||||
11 | this Section shall be contributions and deposited into the | ||||||
12 | clearing account. | ||||||
13 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
14 | if funds from the State treasury are not appropriated on or | ||||||
15 | before January 31, 2023 that are dedicated to pay all | ||||||
16 | outstanding advances made to the State's account in the | ||||||
17 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
18 | Social Security Act. If this Part (II) becomes operative, it | ||||||
19 | is operative retroactive to January 1, 2023. For each employer | ||||||
20 | whose contribution rate for calendar year 2024 is determined | ||||||
21 | pursuant to Section 1500 or 1506.1, in addition to the | ||||||
22 | contribution rate established pursuant to Section 1506.3, an | ||||||
23 | additional surcharge of 0.350% shall be added to the | ||||||
24 | contribution rate. The surcharge established by this Section | ||||||
25 | shall be due at the same time as other contributions with | ||||||
26 | respect to the quarter are due, as provided in Section 1400. |
| |||||||
| |||||||
1 | Payments attributable to the surcharge established pursuant to | ||||||
2 | this Section shall be contributions and deposited into the | ||||||
3 | clearing account. | ||||||
4 | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | ||||||
5 | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. | ||||||
6 | 1-1-23.) | ||||||
7 | (820 ILCS 405/2101.1) | ||||||
8 | Sec. 2101.1. Mandatory transfers. | ||||||
9 | (I) If and only if funds from the State treasury are not | ||||||
10 | appropriated on or before January 31, 2023 that are dedicated | ||||||
11 | to pay all outstanding advances made to the State's account in | ||||||
12 | the Unemployment Trust Fund pursuant to Title XII of the | ||||||
13 | federal Social Security Act, then this Part (I) is inoperative | ||||||
14 | retroactive to January 1, 2023. | ||||||
15 | A. Notwithstanding any other provision in Section 2101 to | ||||||
16 | the contrary, no later than June 30, 2007, an amount equal to | ||||||
17 | at least $1,400,136 but not to exceed $7,000,136 shall be | ||||||
18 | transferred from the special administrative account to this | ||||||
19 | State's account in the Unemployment Trust Fund. No later than | ||||||
20 | June 30, 2008, and June 30 of each of the three immediately | ||||||
21 | succeeding calendar years, there shall be transferred from the | ||||||
22 | special administrative account to this State's account in the | ||||||
23 | Unemployment Trust Fund an amount at least equal to the lesser | ||||||
24 | of $1,400,000 or the unpaid principal. For purposes of this | ||||||
25 | Section, the unpaid principal is the difference between |
| |||||||
| |||||||
1 | $7,000,136 and the sum of amounts, excluding interest, | ||||||
2 | previously transferred pursuant to this Section. In addition | ||||||
3 | to the amounts otherwise specified in this Section, each | ||||||
4 | transfer shall include a payment of any interest accrued | ||||||
5 | pursuant to this Section through the end of the immediately | ||||||
6 | preceding calendar quarter for which the federal Department of | ||||||
7 | the Treasury has published the yield for state accounts in the | ||||||
8 | Unemployment Trust Fund. Interest pursuant to this Section | ||||||
9 | shall accrue daily beginning on January 1, 2007, and be | ||||||
10 | calculated on the basis of the unpaid principal as of the | ||||||
11 | beginning of the day. The rate at which the interest shall | ||||||
12 | accrue for each calendar day within a calendar quarter shall | ||||||
13 | equal the quotient obtained by dividing the yield for that | ||||||
14 | quarter for state accounts in the Unemployment Trust Fund as | ||||||
15 | published by the federal Department of the Treasury by the | ||||||
16 | total number of calendar days within that quarter. Interest | ||||||
17 | accrued but not yet due at the time the unpaid principal is | ||||||
18 | paid in full shall be transferred within 30 days after the | ||||||
19 | federal Department of the Treasury has published the yield for | ||||||
20 | state accounts in the Unemployment Trust Fund for all quarters | ||||||
21 | for which interest has accrued pursuant to this Section but | ||||||
22 | not yet been paid. A transfer required pursuant to this | ||||||
23 | Section in a fiscal year of this State shall occur before any | ||||||
24 | transfer made with respect to that same fiscal year from the | ||||||
25 | special administrative account to the Title III Social | ||||||
26 | Security and Employment Fund. |
| |||||||
| |||||||
1 | B. By If and only if an appropriation is made in calendar | ||||||
2 | year 2023 to this State's account in the Unemployment Trust | ||||||
3 | Fund, as a loan solely for purposes of paying unemployment | ||||||
4 | insurance benefits under this Act and without the accrual of | ||||||
5 | interest, from a fund of the State treasury, the Director | ||||||
6 | shall take all necessary action to transfer 10% of the total | ||||||
7 | amount of the appropriation from this State's account in the | ||||||
8 | Unemployment Trust Fund to the State's Budget Stabilization | ||||||
9 | Fund prior to July 1 of each year or as soon thereafter as | ||||||
10 | practical. Transfers shall begin in calendar year 2024 and | ||||||
11 | continue on an annual basis until the total amount of such | ||||||
12 | transfers equals the total amount of the appropriation. In any | ||||||
13 | calendar year in which the balance of this State's account in | ||||||
14 | the Unemployment Trust Fund, less all outstanding advances to | ||||||
15 | that account, pursuant to Title XII of the federal Social | ||||||
16 | Security Act, is below $1,200,000,000 as of June 1, any | ||||||
17 | transfer provided for in this subsection shall not be made | ||||||
18 | that calendar year. | ||||||
19 | (II) (Blank). This Part (II) becomes operative if and only | ||||||
20 | if funds from the State treasury are not appropriated on or | ||||||
21 | before January 31, 2023 that are dedicated to pay all | ||||||
22 | outstanding advances made to the State's account in the | ||||||
23 | Unemployment Trust Fund pursuant to Title XII of the federal | ||||||
24 | Social Security Act. If this Part (II) becomes operative, it | ||||||
25 | is operative retroactive to January 1, 2023. Notwithstanding | ||||||
26 | any other provision in Section 2101 to the contrary, no later |
| |||||||
| |||||||
1 | than June 30, 2007, an amount equal to at least $1,400,136 but | ||||||
2 | not to exceed $7,000,136 shall be transferred from the special | ||||||
3 | administrative account to this State's account in the | ||||||
4 | Unemployment Trust Fund. No later than June 30, 2008, and June | ||||||
5 | 30 of each of the three immediately succeeding calendar years, | ||||||
6 | there shall be transferred from the special administrative | ||||||
7 | account to this State's account in the Unemployment Trust Fund | ||||||
8 | an amount at least equal to the lesser of $1,400,000 or the | ||||||
9 | unpaid principal. For purposes of this Section, the unpaid | ||||||
10 | principal is the difference between $7,000,136 and the sum of | ||||||
11 | amounts, excluding interest, previously transferred pursuant | ||||||
12 | to this Section. In addition to the amounts otherwise | ||||||
13 | specified in this Section, each transfer shall include a | ||||||
14 | payment of any interest accrued pursuant to this Section | ||||||
15 | through the end of the immediately preceding calendar quarter | ||||||
16 | for which the federal Department of the Treasury has published | ||||||
17 | the yield for state accounts in the Unemployment Trust Fund. | ||||||
18 | Interest pursuant to this Section shall accrue daily beginning | ||||||
19 | on January 1, 2007, and be calculated on the basis of the | ||||||
20 | unpaid principal as of the beginning of the day. The rate at | ||||||
21 | which the interest shall accrue for each calendar day within a | ||||||
22 | calendar quarter shall equal the quotient obtained by dividing | ||||||
23 | the yield for that quarter for state accounts in the | ||||||
24 | Unemployment Trust Fund as published by the federal Department | ||||||
25 | of the Treasury by the total number of calendar days within | ||||||
26 | that quarter. Interest accrued but not yet due at the time the |
| |||||||
| |||||||
1 | unpaid principal is paid in full shall be transferred within | ||||||
2 | 30 days after the federal Department of the Treasury has | ||||||
3 | published the yield for state accounts in the Unemployment | ||||||
4 | Trust Fund for all quarters for which interest has accrued | ||||||
5 | pursuant to this Section but not yet been paid. A transfer | ||||||
6 | required pursuant to this Section in a fiscal year of this | ||||||
7 | State shall occur before any transfer made with respect to | ||||||
8 | that same fiscal year from the special administrative account | ||||||
9 | to the Title III Social Security and Employment Fund. | ||||||
10 | (Source: P.A. 102-1105, eff. 1-1-23.) | ||||||
11 | Section 55. "An Act concerning courts", approved August 9, | ||||||
12 | 2024, Public Act 103-789, is amended by adding Section 99 as | ||||||
13 | follows: | ||||||
14 | (P.A. 103-789, Sec. 99 new) | ||||||
15 | Sec. 99. Effective date. This Act takes effect on July 1, | ||||||
16 | 2025. | ||||||
17 | Section 95. No acceleration or delay. Where this Act makes | ||||||
18 | changes in a statute that is represented in this Act by text | ||||||
19 | that is not yet or no longer in effect (for example, a Section | ||||||
20 | represented by multiple versions), the use of that text does | ||||||
21 | not accelerate or delay the taking effect of (i) the changes | ||||||
22 | made by this Act or (ii) provisions derived from any other | ||||||
23 | Public Act. |
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.". |