Illinois General Assembly - Full Text of HB0594
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Full Text of HB0594  102nd General Assembly

HB0594sam002 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 10/25/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 594

2    AMENDMENT NO. ______. Amend House Bill 594 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. "An Act concerning education", approved July
530, 2021, Public Act 102-209, is amended by adding Section 99
6as follows:
 
7    (P.A. 102-209, Sec. 99 new)
8    Sec. 99. Effective date. This Act takes effect upon
9becoming law.
 
10    Section 10. "An Act concerning education", approved August
1127, 2021, Public Act 102-635, is amended by adding Section 99
12as follows:
 
13    (P.A. 102-635, Sec. 99 new)
14    Sec. 99. Effective date. This Act takes effect upon

 

 

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1becoming law.
 
2    Section 15. The Regulatory Sunset Act is amended by
3changing Sections 4.32 and 4.37 as follows:
 
4    (5 ILCS 80/4.32)
5    Sec. 4.32. Acts repealed on January 1, 2022. The following
6Acts are repealed on January 1, 2022:
7    The Boxing and Full-contact Martial Arts Act.
8    The Cemetery Oversight Act.
9    The Collateral Recovery Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Crematory Regulation Act.
13    The Detection of Deception Examiners Act.
14    The Home Inspector License Act.
15    The Illinois Health Information Exchange and Technology
16Act.
17    The Medical Practice Act of 1987.
18    The Registered Interior Designers Act.
19    The Massage Licensing Act.
20    The Petroleum Equipment Contractors Licensing Act.
21    The Radiation Protection Act of 1990.
22    The Real Estate Appraiser Licensing Act of 2002.
23    The Water Well and Pump Installation Contractor's License
24Act.

 

 

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1(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
2101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
3    (5 ILCS 80/4.37)
4    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
5The following are repealed on January 1, 2027:
6    The Clinical Psychologist Licensing Act.
7    The Illinois Optometric Practice Act of 1987.
8    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
9XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
10    The Boiler and Pressure Vessel Repairer Regulation Act.
11    The Marriage and Family Therapy Licensing Act.
12    The Illinois Health Information Exchange and Technology
13Act.
14(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1599-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
168-18-17; 100-372, eff. 8-25-17.)
 
17    Section 20. The Illinois Emergency Management Agency Act
18is amended by changing Section 23 as follows:
 
19    (20 ILCS 3305/23)
20    (Section scheduled to be repealed on January 1, 2032)
21    Sec. 23. Access and Functional Needs Advisory Committee.
22    (a) In this Section, "Advisory Committee" means the Access
23and Functional Needs Advisory Committee.

 

 

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1    (b) The Access and Functional Needs Advisory Committee is
2created.
3    (c) The Advisory Committee shall:
4        (1) Coordinate meetings occurring, at a minimum, 3 6
5    times each year, in addition to emergency meetings called
6    by the chairperson of the Advisory Committee.
7        (2) Research and provide recommendations for
8    identifying and effectively responding to the needs of
9    persons with access and functional needs before, during,
10    and after a disaster using an intersectional lens for
11    equity.
12        (3) Provide recommendations to the Illinois Emergency
13    Management Agency regarding how to ensure that persons
14    with a disability are included in disaster strategies and
15    emergency management plans, including updates and
16    implementation of disaster strategies and emergency
17    management plans.
18        (4) Review and provide recommendations for the
19    Illinois Emergency Management Agency, and all relevant
20    State agencies that are involved in drafting and
21    implementing the Illinois Emergency Operation Plan, to
22    integrate access and functional needs into State and local
23    emergency plans.
24    (d) The Advisory Committee shall be composed of the
25Director of the Illinois Emergency Management Agency or his or
26her designee, the Attorney General or his or her designee, the

 

 

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1Secretary of Human Services or his or her designee, the
2Director on Aging or his or her designee, and the Director of
3Public Health or his or her designee, together with the
4following members appointed by the Governor on or before
5January 1, 2022:
6        (1) Two members, either from a municipal or
7    county-level emergency agency or a local emergency
8    management coordinator.
9        (2) Nine members from the community of persons with a
10    disability who represent persons with different types of
11    disabilities, including, but not limited to, individuals
12    with mobility and physical disabilities, hearing and
13    visual disabilities, deafness or who are hard of hearing,
14    blindness or who have low vision, mental health
15    disabilities, and intellectual or developmental
16    disabilities. Members appointed under this paragraph shall
17    reflect a diversity of age, gender, race, and ethnic
18    background.
19        (3) Four members who represent first responders from
20    different geographical regions around the State.
21    (e) Of those members appointed by the Governor, the
22initial appointments of 6 members shall be for terms of 2 years
23and the initial appointments of 5 members shall be for terms of
244 years. Thereafter, members shall be appointed for terms of 4
25years. A member shall serve until his or her successor is
26appointed and qualified. If a vacancy occurs in the Advisory

 

 

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1Committee membership, the vacancy shall be filled in the same
2manner as the original appointment for the remainder of the
3unexpired term.
4    (f) After all the members are appointed, and annually
5thereafter, they shall elect a chairperson from among the
6members appointed under paragraph (2) of subsection (d).
7    (g) The initial meeting of the Advisory Committee shall be
8convened by the Director of the Illinois Emergency Management
9Agency no later than February 1, 2022.
10    (h) Advisory Committee members shall serve without
11compensation.
12    (i) The Illinois Emergency Management Agency shall provide
13administrative support to the Advisory Committee.
14    (j) The Advisory Committee shall prepare and deliver a
15report to the General Assembly, the Governor's Office, and the
16Illinois Emergency Management Agency by July 1, 2022, and
17annually thereafter. The report shall include the following:
18        (1) Identification of core emergency management
19    services that need to be updated or changed to ensure the
20    needs of persons with a disability are met, and shall
21    include disaster strategies in State and local emergency
22    plans.
23        (2) Any proposed changes in State policies, laws,
24    rules, or regulations necessary to fulfill the purposes of
25    this Act.
26        (3) Recommendations on improving the accessibility and

 

 

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1    effectiveness of disaster and emergency communication.
2        (4) Recommendations on comprehensive training for
3    first responders and other frontline workers when working
4    with persons with a disability during emergency situations
5    or disasters, as defined in Section 4 of the Illinois
6    Emergency Management Agency Act.
7        (5) Any additional recommendations regarding emergency
8    management and persons with a disability that the Advisory
9    Committee deems necessary.
10    (k) The annual report prepared and delivered under
11subsection (j) shall be annually considered by the Illinois
12Emergency Management Agency when developing new State and
13local emergency plans or updating existing State and local
14emergency plans.
15    (l) The Advisory Committee is dissolved and this Section
16is repealed on January 1, 2032.
17(Source: P.A. 102-361, eff. 8-13-21.)
 
18    Section 25. The Illinois Power Agency Act is amended by
19changing Section 1-130 as follows:
 
20    (20 ILCS 3855/1-130)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 1-130. Home rule preemption.
23    (a) The authorization to impose any new taxes or fees
24specifically related to the generation of electricity by, the

 

 

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1capacity to generate electricity by, or the emissions into the
2atmosphere by electric generating facilities after the
3effective date of this Act is an exclusive power and function
4of the State. A home rule unit may not levy any new taxes or
5fees specifically related to the generation of electricity by,
6the capacity to generate electricity by, or the emissions into
7the atmosphere by electric generating facilities after the
8effective date of this Act. This Section is a denial and
9limitation on home rule powers and functions under subsection
10(g) of Section 6 of Article VII of the Illinois Constitution.
11    (b) This Section is repealed on January 1, 2023 2022.
12(Source: P.A. 100-1157, eff. 12-19-18; 101-639, eff. 6-12-20.)
 
13    Section 30. The Illinois Future of Work Act is amended by
14changing Section 15 as follows:
 
15    (20 ILCS 4103/15)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 15. Membership; meetings.
18    (a) The members of the Illinois Future of Work Task Force
19shall include and represent the diversity of the people of
20Illinois, and shall be composed of the following:
21        (1) four members, including one representative of the
22    business community and one representative of the labor
23    community, appointed by the Senate President, one of whom
24    shall serve as co-chair;

 

 

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1        (2) four members, including one representative of the
2    business community and one representative of the labor
3    community, appointed by the Minority Leader of the Senate,
4    one of whom shall serve as co-chair;
5        (3) four members, including one representative of the
6    business community and one representative of the labor
7    community, appointed by the Speaker of the House of
8    Representatives, one of whom shall serve as co-chair;
9        (4) four members, including one representative of the
10    business community and one representative of the labor
11    community, appointed by the Minority Leader of the Speaker
12    of the House of Representatives, one of whom shall serve
13    as co-chair;
14        (5) four members, one from each of the following: the
15    business community, the labor community, the environmental
16    community, and the education community that advocate for
17    job growth, appointed by the Governor;
18        (6) three members appointed by the Governor whose
19    professional expertise is at the juncture of work and
20    workers' rights;
21        (7) the Director of Labor or his or her designee;
22        (8) the Director of Commerce and Economic Opportunity
23    or his or her designee;
24        (9) the Director of Employment Security or his or her
25    designee;
26        (10) the Superintendent of the State Board of

 

 

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1    Education or his or her designee;
2        (11) the Executive Director of the Illinois Community
3    College Board or his or her designee; and
4        (12) the Executive Director of the Board of Higher
5    Education or his or her designee; .
6        (13) a representative of a labor organization
7    recognized under the National Labor Relations Act
8    representing auto workers, appointed by the Governor;
9        (14) a representative from the University of Illinois
10    School of Employment and Labor Relations, appointed by the
11    Governor; and
12        (15) a representative of a professional teachers'
13    organization located in a city having a population
14    exceeding 500,000, appointed by the Governor.
15        (16) three members of the business community appointed
16    jointly by the Minority Leader of the Senate and Minority
17    Leader of the House.
18    (b) Appointments for the Illinois Future of Work Task
19Force must be finalized by December 31 August 31, 2021. The
20Illinois Future of Work Task Force shall hold one meeting per
21month for a total of 7 meetings, and the first meeting must be
22held within 30 days after appointments are finalized.
23    (c) Members of the Illinois Future of Work Task Force
24shall serve without compensation.
25    (d) The Department of Commerce and Economic Opportunity
26shall provide administrative support to the Task Force.

 

 

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1(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)
 
2    Section 35. The Local Journalism Task Force Act is amended
3by changing Section 10 as follows:
 
4    (20 ILCS 4108/10)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 10. Membership. The Task Force shall include consist
7of the following 13 members: one member of the House of
8Representatives appointed by the Speaker of the House of
9Representatives; one member of the House of Representatives
10appointed by the Minority Leader of the House of
11Representatives; one member of the Senate appointed by the
12President of the Senate; one member of the Senate appointed by
13the Minority Leader of the Senate; and one member appointed by
14the Governor. ; The Task Force shall also include the following
15members appointed by the Governor: one representative of the
16Chicago News Guild; one representative of the Chicago Chapter
17of the National Association of Broadcast Employees and
18Technicians; one representative of the Medill School of
19Journalism, Media, Integrated Marketing Communications at
20Northwestern University; one representative of the Public
21Affairs Reporting Program at the University of Illinois at
22Springfield; one representative of the School of Journalism at
23Southern Illinois University Carbondale; one representative of
24the Illinois Press Association; one representative of the

 

 

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1Illinois Broadcasters Association; one representative of the
2Illinois Legislative Correspondents Association; one
3representative of the Illinois Public Broadcasting Council;
4one representative of the Illinois News Broadcasters
5Association; one representative of the University of Illinois
6at Urbana-Champaign; and one representative of the Illinois
7Municipal League. Appointments shall be made no later than 30
8days following the effective date of this Act.
9(Source: P.A. 102-569, eff. 1-1-22.)
 
10    Section 40. The Kidney Disease Prevention and Education
11Task Force Act is amended by changing Sections 10-10 and 10-15
12as follows:
 
13    (20 ILCS 5160/10-10)
14    (Section scheduled to be repealed on June 1, 2022)
15    Sec. 10-10. Kidney Disease Prevention and Education Task
16Force.
17    (a) There is hereby established the Kidney Disease
18Prevention and Education Task Force to work directly with
19educational institutions to create health education programs
20to increase awareness of and to examine chronic kidney
21disease, transplantations, living and deceased kidney
22donation, and the existing disparity in the rates of those
23afflicted between Caucasians and minorities.
24    (b) The Task Force shall develop a sustainable plan to

 

 

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1raise awareness about early detection, promote health equity,
2and reduce the burden of kidney disease throughout the State,
3which shall include an ongoing campaign that includes health
4education workshops and seminars, relevant research, and
5preventive screenings and that promotes social media campaigns
6and TV and radio commercials.
7    (c) Membership of the Task Force shall be as follows:
8        (1) one member of the Senate, appointed by the Senate
9    President, who shall serve as Co-Chair;
10        (2) one member of the House of Representatives,
11    appointed by the Speaker of the House, who shall serve as
12    Co-Chair;
13        (3) one member of the House of Representatives,
14    appointed by the Minority Leader of the House;
15        (4) one member of the Senate, appointed by the Senate
16    Minority Leader;
17        (5) one member representing the Department of Public
18    Health, appointed by the Governor;
19        (6) one member representing the Department of
20    Healthcare and Family Services, appointed by the Governor;
21        (7) one member representing a medical center in a
22    county with a population of more 3 million residents,
23    appointed by the Co-Chairs;
24        (8) one member representing a physician's association
25    in a county with a population of more than 3 million
26    residents, appointed by the Co-Chairs;

 

 

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1        (9) one member representing a not-for-profit organ
2    procurement organization, appointed by the Co-Chairs;
3        (10) one member representing a national nonprofit
4    research kidney organization in the State of Illinois,
5    appointed by the Co-Chairs; and
6        (11) the Secretary of State or his or her designee; .
7        (12) one member who is a dialysis patient, appointed
8    by the Co-Chairs;
9        (13) one member who is a chronic kidney disease
10    patient, appointed by the Co-Chairs;
11        (14) one member who is a kidney transplant recipient,
12    appointed by the Co-Chairs;
13        (15) one member who is a representative of a program
14    working to break down barriers to transplant care in the
15    African American community through access to education,
16    resources, and transplant care, appointed by the
17    Co-Chairs; and
18        (16) one member who is a representative of a
19    nationwide, non-profit organization with membership for
20    dialysis and pre-dialysis patients and their families,
21    appointed by the Co-Chairs.
22    (d) Members of the Task Force shall serve without
23compensation.
24    (e) The Department of Public Health shall provide
25administrative support to the Task Force.
26    (f) The Task Force shall submit its final report to the

 

 

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1General Assembly on or before December 31, 2023 December 31,
22021 and, upon the filing of its final report, is dissolved.
3(Source: P.A. 101-649, eff. 7-7-20.)
 
4    (20 ILCS 5160/10-15)
5    (Section scheduled to be repealed on June 1, 2022)
6    Sec. 10-15. Repeal. This Act is repealed on June 1, 2024
7June 1, 2022.
8(Source: P.A. 101-649, eff. 7-7-20.)
 
9    Section 45. The Illinois Procurement Code is amended by
10changing Sections 1-15.93, 30-30, and 45-57 as follows:
 
11    (30 ILCS 500/1-15.93)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 1-15.93. Single prime. "Single prime" means the
14design-bid-build procurement delivery method for a building
15construction project in which the Capital Development Board is
16the construction agency procuring 2 or more subdivisions of
17work enumerated in paragraphs (1) through (5) of subsection
18(a) of Section 30-30 of this Code under a single contract. This
19Section is repealed on January 1, 2024 2022.
20(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)
 
21    (30 ILCS 500/30-30)
22    Sec. 30-30. Design-bid-build construction.

 

 

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1    (a) The provisions of this subsection are operative
2through December 31, 2023 2021.
3    For building construction contracts in excess of $250,000,
4separate specifications may be prepared for all equipment,
5labor, and materials in connection with the following 5
6subdivisions of the work to be performed:
7        (1) plumbing;
8        (2) heating, piping, refrigeration, and automatic
9    temperature control systems, including the testing and
10    balancing of those systems;
11        (3) ventilating and distribution systems for
12    conditioned air, including the testing and balancing of
13    those systems;
14        (4) electric wiring; and
15        (5) general contract work.
16    The specifications may be so drawn as to permit separate
17and independent bidding upon each of the 5 subdivisions of
18work. All contracts awarded for any part thereof may award the
195 subdivisions of work separately to responsible and reliable
20persons, firms, or corporations engaged in these classes of
21work. The contracts, at the discretion of the construction
22agency, may be assigned to the successful bidder on the
23general contract work or to the successful bidder on the
24subdivision of work designated by the construction agency
25before the bidding as the prime subdivision of work, provided
26that all payments will be made directly to the contractors for

 

 

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1the 5 subdivisions of work upon compliance with the conditions
2of the contract.
3    Beginning on the effective date of this amendatory Act of
4the 101st General Assembly and through December 31, 2023 2020,
5for single prime projects: (i) the bid of the successful low
6bidder shall identify the name of the subcontractor, if any,
7and the bid proposal costs for each of the 5 subdivisions of
8work set forth in this Section; (ii) the contract entered into
9with the successful bidder shall provide that no identified
10subcontractor may be terminated without the written consent of
11the Capital Development Board; (iii) the contract shall comply
12with the disadvantaged business practices of the Business
13Enterprise for Minorities, Women, and Persons with
14Disabilities Act and the equal employment practices of Section
152-105 of the Illinois Human Rights Act; and (iv) the Capital
16Development Board shall submit an annual report to the General
17Assembly and Governor on the bidding, award, and performance
18of all single prime projects.
19    For building construction projects with a total
20construction cost valued at $5,000,000 or less, the Capital
21Development Board shall not use the single prime procurement
22delivery method for more than 50% of the total number of
23projects bid for each fiscal year. Any project with a total
24construction cost valued greater than $5,000,000 may be bid
25using single prime at the discretion of the Executive Director
26of the Capital Development Board.

 

 

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1    (b) The provisions of this subsection are operative on and
2after January 1, 2024 2022. For building construction
3contracts in excess of $250,000, separate specifications shall
4be prepared for all equipment, labor, and materials in
5connection with the following 5 subdivisions of the work to be
6performed:
7        (1) plumbing;
8        (2) heating, piping, refrigeration, and automatic
9    temperature control systems, including the testing and
10    balancing of those systems;
11        (3) ventilating and distribution systems for
12    conditioned air, including the testing and balancing of
13    those systems;
14        (4) electric wiring; and
15        (5) general contract work.
16    The specifications must be so drawn as to permit separate
17and independent bidding upon each of the 5 subdivisions of
18work. All contracts awarded for any part thereof shall award
19the 5 subdivisions of work separately to responsible and
20reliable persons, firms, or corporations engaged in these
21classes of work. The contracts, at the discretion of the
22construction agency, may be assigned to the successful bidder
23on the general contract work or to the successful bidder on the
24subdivision of work designated by the construction agency
25before the bidding as the prime subdivision of work, provided
26that all payments will be made directly to the contractors for

 

 

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1the 5 subdivisions of work upon compliance with the conditions
2of the contract.
3(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19;
4101-645, eff. 6-26-20.)
 
5    (30 ILCS 500/45-57)
6    Sec. 45-57. Veterans.
7    (a) Set-aside goal. It is the goal of the State to promote
8and encourage the continued economic development of small
9businesses owned and controlled by qualified veterans and that
10qualified service-disabled veteran-owned small businesses
11(referred to as SDVOSB) and veteran-owned small businesses
12(referred to as VOSB) participate in the State's procurement
13process as both prime contractors and subcontractors. Not less
14than 3% of the total dollar amount of State contracts, as
15defined by the Commission on Equity and Inclusion Director of
16Central Management Services, shall be established as a goal to
17be awarded to SDVOSB and VOSB. That portion of a contract under
18which the contractor subcontracts with a SDVOSB or VOSB may be
19counted toward the goal of this subsection. The Commission on
20Equity and Inclusion Department of Central Management Services
21shall adopt rules to implement compliance with this subsection
22by all State agencies.
23    (b) Fiscal year reports. By each November 1, each chief
24procurement officer shall report to the Commission on Equity
25and Inclusion Department of Central Management Services on all

 

 

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1of the following for the immediately preceding fiscal year,
2and by each March 1 the Commission on Equity and Inclusion
3Department of Central Management Services shall compile and
4report that information to the General Assembly:
5        (1) The total number of VOSB, and the number of
6    SDVOSB, who submitted bids for contracts under this Code.
7        (2) The total number of VOSB, and the number of
8    SDVOSB, who entered into contracts with the State under
9    this Code and the total value of those contracts.
10    (b-5) The Commission on Equity and Inclusion Department of
11Central Management Services shall submit an annual report to
12the Governor and the General Assembly that shall include the
13following:
14        (1) a year-by-year comparison of the number of
15    certifications the State has issued to veteran-owned small
16    businesses and service-disabled veteran-owned small
17    businesses;
18        (2) the obstacles, if any, the Commission on Equity
19    and Inclusion Department of Central Management Services
20    faces when certifying veteran-owned businesses and
21    possible rules or changes to rules to address those
22    issues;
23        (3) a year-by-year comparison of awarded contracts to
24    certified veteran-owned small businesses and
25    service-disabled veteran-owned small businesses; and
26        (4) any other information that the Commission on

 

 

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1    Equity and Inclusion Department of Central Management
2    Services deems necessary to assist veteran-owned small
3    businesses and service-disabled veteran-owned small
4    businesses to become certified with the State.
5    The Commission on Equity and Inclusion Department of
6Central Management Services shall conduct a minimum of 2
7outreach events per year to ensure that veteran-owned small
8businesses and service-disabled veteran-owned small businesses
9know about the procurement opportunities and certification
10requirements with the State. The Commission on Equity and
11Inclusion Department of Central Management Services may
12receive appropriations for outreach.
13    (c) Yearly review and recommendations. Each year, each
14chief procurement officer shall review the progress of all
15State agencies under its jurisdiction in meeting the goal
16described in subsection (a), with input from statewide
17veterans' service organizations and from the business
18community, including businesses owned by qualified veterans,
19and shall make recommendations to be included in the
20Commission on Equity and Inclusion's Department of Central
21Management Services' report to the General Assembly regarding
22continuation, increases, or decreases of the percentage goal.
23The recommendations shall be based upon the number of
24businesses that are owned by qualified veterans and on the
25continued need to encourage and promote businesses owned by
26qualified veterans.

 

 

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1    (d) Governor's recommendations. To assist the State in
2reaching the goal described in subsection (a), the Governor
3shall recommend to the General Assembly changes in programs to
4assist businesses owned by qualified veterans.
5    (e) Definitions. As used in this Section:
6    "Armed forces of the United States" means the United
7States Army, Navy, Air Force, Marine Corps, Coast Guard, or
8service in active duty as defined under 38 U.S.C. Section 101.
9Service in the Merchant Marine that constitutes active duty
10under Section 401 of federal Public Act 95-202 shall also be
11considered service in the armed forces for purposes of this
12Section.
13    "Certification" means a determination made by the Illinois
14Department of Veterans' Affairs and the Commission on Equity
15and Inclusion Department of Central Management Services that a
16business entity is a qualified service-disabled veteran-owned
17small business or a qualified veteran-owned small business for
18whatever purpose. A SDVOSB or VOSB owned and controlled by
19women, minorities, or persons with disabilities, as those
20terms are defined in Section 2 of the Business Enterprise for
21Minorities, Women, and Persons with Disabilities Act, may also
22select and designate whether that business is to be certified
23as a "women-owned business", "minority-owned business", or
24"business owned by a person with a disability", as defined in
25Section 2 of the Business Enterprise for Minorities, Women,
26and Persons with Disabilities Act.

 

 

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1    "Control" means the exclusive, ultimate, majority, or sole
2control of the business, including but not limited to capital
3investment and all other financial matters, property,
4acquisitions, contract negotiations, legal matters,
5officer-director-employee selection and comprehensive hiring,
6operation responsibilities, cost-control matters, income and
7dividend matters, financial transactions, and rights of other
8shareholders or joint partners. Control shall be real,
9substantial, and continuing, not pro forma. Control shall
10include the power to direct or cause the direction of the
11management and policies of the business and to make the
12day-to-day as well as major decisions in matters of policy,
13management, and operations. Control shall be exemplified by
14possessing the requisite knowledge and expertise to run the
15particular business, and control shall not include simple
16majority or absentee ownership.
17    "Qualified service-disabled veteran" means a veteran who
18has been found to have 10% or more service-connected
19disability by the United States Department of Veterans Affairs
20or the United States Department of Defense.
21    "Qualified service-disabled veteran-owned small business"
22or "SDVOSB" means a small business (i) that is at least 51%
23owned by one or more qualified service-disabled veterans
24living in Illinois or, in the case of a corporation, at least
2551% of the stock of which is owned by one or more qualified
26service-disabled veterans living in Illinois; (ii) that has

 

 

10200HB0594sam002- 24 -LRB102 10655 AWJ 30157 a

1its home office in Illinois; and (iii) for which items (i) and
2(ii) are factually verified annually by the Commission on
3Equity and Inclusion Department of Central Management
4Services.
5    "Qualified veteran-owned small business" or "VOSB" means a
6small business (i) that is at least 51% owned by one or more
7qualified veterans living in Illinois or, in the case of a
8corporation, at least 51% of the stock of which is owned by one
9or more qualified veterans living in Illinois; (ii) that has
10its home office in Illinois; and (iii) for which items (i) and
11(ii) are factually verified annually by the Commission on
12Equity and Inclusion Department of Central Management
13Services.
14    "Service-connected disability" means a disability incurred
15in the line of duty in the active military, naval, or air
16service as described in 38 U.S.C. 101(16).
17    "Small business" means a business that has annual gross
18sales of less than $75,000,000 as evidenced by the federal
19income tax return of the business. A firm with gross sales in
20excess of this cap may apply to the Commission on Equity and
21Inclusion Department of Central Management Services for
22certification for a particular contract if the firm can
23demonstrate that the contract would have significant impact on
24SDVOSB or VOSB as suppliers or subcontractors or in employment
25of veterans or service-disabled veterans.
26    "State agency" has the meaning provided in Section

 

 

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11-15.100 of this Code.
2    "Time of hostilities with a foreign country" means any
3period of time in the past, present, or future during which a
4declaration of war by the United States Congress has been or is
5in effect or during which an emergency condition has been or is
6in effect that is recognized by the issuance of a Presidential
7proclamation or a Presidential executive order and in which
8the armed forces expeditionary medal or other campaign service
9medals are awarded according to Presidential executive order.
10    "Veteran" means a person who (i) has been a member of the
11armed forces of the United States or, while a citizen of the
12United States, was a member of the armed forces of allies of
13the United States in time of hostilities with a foreign
14country and (ii) has served under one or more of the following
15conditions: (a) the veteran served a total of at least 6
16months; (b) the veteran served for the duration of hostilities
17regardless of the length of the engagement; (c) the veteran
18was discharged on the basis of hardship; or (d) the veteran was
19released from active duty because of a service connected
20disability and was discharged under honorable conditions.
21    (f) Certification program. The Illinois Department of
22Veterans' Affairs and the Commission on Equity and Inclusion
23Department of Central Management Services shall work together
24to devise a certification procedure to assure that businesses
25taking advantage of this Section are legitimately classified
26as qualified service-disabled veteran-owned small businesses

 

 

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1or qualified veteran-owned small businesses.
2    The Commission on Equity and Inclusion Department of
3Central Management Services shall:
4        (1) compile and maintain a comprehensive list of
5    certified veteran-owned small businesses and
6    service-disabled veteran-owned small businesses;
7        (2) assist veteran-owned small businesses and
8    service-disabled veteran-owned small businesses in
9    complying with the procedures for bidding on State
10    contracts;
11        (3) provide training for State agencies regarding the
12    goal setting process and compliance with veteran-owned
13    small business and service-disabled veteran-owned small
14    business goals; and
15        (4) implement and maintain an electronic portal on the
16    Commission on Equity and Inclusion's Department's website
17    for the purpose of completing and submitting veteran-owned
18    small business and service-disabled veteran-owned small
19    business certificates.
20    The Commission on Equity and Inclusion Department of
21Central Management Services, in consultation with the
22Department of Veterans' Affairs, may develop programs and
23agreements to encourage cities, counties, towns, townships,
24and other certifying entities to adopt uniform certification
25procedures and certification recognition programs.
26    (f-5) A business shall be certified by the Commission on

 

 

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1Equity and Inclusion Department of Central Management Services
2as a service-disabled veteran-owned small business or a
3veteran-owned small business for purposes of this Section if
4the Commission on Equity and Inclusion Department of Central
5Management Services determines that the business has been
6certified as a service-disabled veteran-owned small business
7or a veteran-owned small business by the Vets First
8Verification Program of the United States Department of
9Veterans Affairs, and the business has provided to the
10Commission on Equity and Inclusion Department of Central
11Management Services the following:
12        (1) documentation showing certification as a
13    service-disabled veteran-owned small business or a
14    veteran-owned small business by the Vets First
15    Verification Program of the United States Department of
16    Veterans Affairs;
17        (2) proof that the business has its home office in
18    Illinois; and
19        (3) proof that the qualified veterans or qualified
20    service-disabled veterans live in the State of Illinois.
21    The policies of the Commission on Equity and Inclusion
22Department of Central Management Services regarding
23recognition of the Vets First Verification Program of the
24United States Department of Veterans Affairs shall be reviewed
25annually by the Commission on Equity and Inclusion Department
26of Central Management Services, and recognition of

 

 

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1service-disabled veteran-owned small businesses and
2veteran-owned small businesses certified by the Vets First
3Verification Program of the United States Department of
4Veterans Affairs may be discontinued by the Commission on
5Equity and Inclusion Department of Central Management Services
6by rule upon a finding that the certification standards of the
7Vets First Verification Program of the United States
8Department of Veterans Affairs do not meet the certification
9requirements established by the Commission on Equity and
10Inclusion Department of Central Management Services.
11    (g) Penalties.
12        (1) Administrative penalties. The chief procurement
13    officers appointed pursuant to Section 10-20 shall suspend
14    any person who commits a violation of Section 17-10.3 or
15    subsection (d) of Section 33E-6 of the Criminal Code of
16    2012 relating to this Section from bidding on, or
17    participating as a contractor, subcontractor, or supplier
18    in, any State contract or project for a period of not less
19    than 3 years, and, if the person is certified as a
20    service-disabled veteran-owned small business or a
21    veteran-owned small business, then the Commission on
22    Equity and Inclusion Department shall revoke the
23    business's certification for a period of not less than 3
24    years. An additional or subsequent violation shall extend
25    the periods of suspension and revocation for a period of
26    not less than 5 years. The suspension and revocation shall

 

 

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1    apply to the principals of the business and any subsequent
2    business formed or financed by, or affiliated with, those
3    principals.
4        (2) Reports of violations. Each State agency shall
5    report any alleged violation of Section 17-10.3 or
6    subsection (d) of Section 33E-6 of the Criminal Code of
7    2012 relating to this Section to the chief procurement
8    officers appointed pursuant to Section 10-20. The chief
9    procurement officers appointed pursuant to Section 10-20
10    shall subsequently report all such alleged violations to
11    the Attorney General, who shall determine whether to bring
12    a civil action against any person for the violation.
13        (3) List of suspended persons. The chief procurement
14    officers appointed pursuant to Section 10-20 shall monitor
15    the status of all reported violations of Section 17-10.3
16    or subsection (d) of Section 33E-6 of the Criminal Code of
17    1961 or the Criminal Code of 2012 relating to this Section
18    and shall maintain and make available to all State
19    agencies a central listing of all persons that committed
20    violations resulting in suspension.
21        (4) Use of suspended persons. During the period of a
22    person's suspension under paragraph (1) of this
23    subsection, a State agency shall not enter into any
24    contract with that person or with any contractor using the
25    services of that person as a subcontractor.
26        (5) Duty to check list. Each State agency shall check

 

 

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1    the central listing provided by the chief procurement
2    officers appointed pursuant to Section 10-20 under
3    paragraph (3) of this subsection to verify that a person
4    being awarded a contract by that State agency, or to be
5    used as a subcontractor or supplier on a contract being
6    awarded by that State agency, is not under suspension
7    pursuant to paragraph (1) of this subsection.
8    (h) On and after the effective date of this amendatory Act
9of the 102nd General Assembly, all powers, duties, rights, and
10responsibilities of the Department of Central Management
11Services with respect to the requirements of this Section are
12transferred to the Commission on Equity and Inclusion.
13    All books, records, papers, documents, property (real and
14personal), contracts, causes of action, and pending business
15pertaining to the powers, duties, rights, and responsibilities
16transferred by this amendatory Act from the Department of
17Central Management Services to the Commission on Equity and
18Inclusion, including, but not limited to, material in
19electronic or magnetic format and necessary computer hardware
20and software, shall be transferred to the Commission on Equity
21and Inclusion.
22    The powers, duties, rights, and responsibilities
23transferred from the Department of Central Management Services
24by this amendatory Act shall be vested in and shall be
25exercised by the Commission on Equity and Inclusion.
26    Whenever reports or notices are now required to be made or

 

 

10200HB0594sam002- 31 -LRB102 10655 AWJ 30157 a

1given or papers or documents furnished or served by any person
2to or upon the Department of Central Management Services in
3connection with any of the powers, duties, rights, and
4responsibilities transferred by this amendatory Act, the same
5shall be made, given, furnished, or served in the same manner
6to or upon the Commission on Equity and Inclusion.
7    This amendatory Act of the 102nd General Assembly does not
8affect any act done, ratified, or canceled or any right
9occurring or established or any action or proceeding had or
10commenced in an administrative, civil, or criminal cause by
11the Department of Central Management Services before this
12amendatory Act takes effect; such actions or proceedings may
13be prosecuted and continued by the Commission on Equity and
14Inclusion.
15    Any rules of the Department of Central Management Services
16that relate to its powers, duties, rights, and
17responsibilities under this Section and are in full force on
18the effective date of this amendatory Act of the 102nd General
19Assembly shall become the rules of the Commission on Equity
20and Inclusion. This amendatory Act does not affect the
21legality of any such rules in the Illinois Administrative
22Code. Any proposed rules filed with the Secretary of State by
23the Department of Central Management Services that are pending
24in the rulemaking process on the effective date of this
25amendatory Act and pertain to the powers, duties, rights, and
26responsibilities transferred, shall be deemed to have been

 

 

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1filed by the Commission on Equity and Inclusion. As soon as
2practicable hereafter, the Commission on Equity and Inclusion
3shall revise and clarify the rules transferred to it under
4this amendatory Act to reflect the reorganization of powers,
5duties, rights, and responsibilities affected by this
6amendatory Act, using the procedures for recodification of
7rules available under the Illinois Administrative Procedure
8Act, except that existing title, part, and section numbering
9for the affected rules may be retained. The Commission on
10Equity and Inclusion may propose and adopt under the Illinois
11Administrative Procedure Act such other rules of the
12Department of Central Management Services that will now be
13administered by the Commission on Equity and Inclusion.
14(Source: P.A. 102-166, eff. 7-26-21.)
 
15    Section 50. The Commission on Equity and Inclusion Act is
16amended by changing Section 40-10 as follows:
 
17    (30 ILCS 574/40-10)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 40-10. Powers and duties. In addition to the other
21powers and duties which may be prescribed in this Act or
22elsewhere, the Commission shall have the following powers and
23duties:
24        (1) The Commission shall have a role in all State and

 

 

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1    university procurement by facilitating and streamlining
2    communications between the Business Enterprise Council for
3    Minorities, Women, and Persons with Disabilities, the
4    purchasing entities, the Chief Procurement Officers, and
5    others.
6        (2) The Commission may create a scoring evaluation for
7    State agency directors, public university presidents and
8    chancellors, and public community college presidents. The
9    scoring shall be based on the following 3 principles: (i)
10    increasing capacity; (ii) growing revenue; and (iii)
11    enhancing credentials. These principles should be the
12    foundation of the agency compliance plan required under
13    Section 6 of the Business Enterprise for Minorities,
14    Women, and Persons with Disabilities Act.
15        (3) The Commission shall exercise the authority and
16    duties provided to it under Section 5-7 of the Illinois
17    Procurement Code.
18        (4) The Commission, working with State agencies, shall
19    provide support for diversity in State hiring.
20        (5) The Commission shall oversee the implementation of
21    diversity training of the State workforce.
22        (6) Each January, and as otherwise frequently as may
23    be deemed necessary and appropriate by the Commission, the
24    Commission shall propose and submit to the Governor and
25    the General Assembly legislative changes to increase
26    inclusion and diversity in State government.

 

 

10200HB0594sam002- 34 -LRB102 10655 AWJ 30157 a

1        (7) The Commission shall have oversight over the
2    following entities:
3            (A) the Illinois African-American Family
4        Commission;
5            (B) the Illinois Latino Family Commission;
6            (C) the Asian American Family Commission;
7            (D) the Illinois Muslim American Advisory Council;
8            (E) the Illinois African-American Fair Contracting
9        Commission created under Executive Order 2018-07; and
10            (F) the Business Enterprise Council for
11        Minorities, Women, and Persons with Disabilities.
12        (8) The Commission shall adopt any rules necessary for
13    the implementation and administration of the requirements
14    of this Act.
15        (9) The Commission shall exercise the authority and
16    duties provided to it under Section 45-57 of the Illinois
17    Procurement Code.
18(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
19    Section 55. The Counties Code is amended by changing
20Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:
 
21    (55 ILCS 5/3-5010.8)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 3-5010.8. Mechanics lien demand and referral pilot
24program.

 

 

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1    (a) Legislative findings. The General Assembly finds that
2expired mechanics liens on residential property, which cloud
3title to property, are a rapidly growing problem throughout
4the State. In order to address the increase in expired
5mechanics liens and, more specifically, those that have not
6been released by the lienholder, a recorder may establish a
7process to demand and refer mechanics liens that have been
8recorded but not litigated or released in accordance with the
9Mechanics Lien Act to an administrative law judge for
10resolution or demand that the lienholder commence suit or
11forfeit the lien.
12    (b) Definitions. As used in this Section:
13    "Demand to Commence Suit" means the written demand
14specified in Section 34 of the Mechanics Lien Act.
15    "Mechanics lien" and "lien" are used interchangeably in
16this Section.
17    "Notice of Expired Mechanics Lien" means the notice a
18recorder gives to a property owner under subsection (d)
19informing the property owner of an expired lien.
20    "Notice of Referral" means the document referring a
21mechanics lien to a county's code hearing unit.
22    "Recording" and "filing" are used interchangeably in this
23Section.
24    "Referral" or "refer" means a recorder's referral of a
25mechanics lien to a county's code hearing unit to obtain a
26determination as to whether a recorded mechanics lien is

 

 

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1valid.
2    "Residential property" means real property improved with
3not less than one nor more than 4 residential dwelling units; a
4residential condominium unit, including, but not limited to,
5the common elements allocated to the exclusive use of the
6condominium unit that form an integral part of the condominium
7unit and any parking unit or units specified by the
8declaration to be allocated to a specific residential
9condominium unit; or a single tract of agriculture real estate
10consisting of 40 acres or less that is improved with a
11single-family residence. If a declaration of condominium
12ownership provides for individually owned and transferable
13parking units, "residential property" does not include the
14parking unit of a specified residential condominium unit
15unless the parking unit is included in the legal description
16of the property against which the mechanics lien is recorded.
17    (c) Establishment of a mechanics lien demand and referral
18process. After a public hearing, a recorder in a county with a
19code hearing unit may adopt rules establishing a mechanics
20lien demand and referral process for residential property. A
21recorder shall provide public notice 90 days before the public
22hearing. The notice shall include a statement of the
23recorder's intent to create a mechanics lien demand and
24referral process and shall be published in a newspaper of
25general circulation in the county and, if feasible, be posted
26on the recorder's website and at the recorder's office or

 

 

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1offices.
2    (d) Notice of Expired Lien. If a recorder determines,
3after review by legal staff or counsel, that a mechanics lien
4recorded in the grantor's index or the grantee's index is an
5expired lien, the recorder shall serve a Notice of Expired
6Lien by certified mail to the last known address of the owner.
7The owner or legal representative of the owner of the
8residential property shall confirm in writing his or her
9belief that the lien is not involved in pending litigation
10and, if there is no pending litigation, as verified and
11confirmed by county court records, the owner may request that
12the recorder proceed with a referral or serve a Demand to
13Commence Suit.
14    For the purposes of this Section, a recorder shall
15determine if a lien is an expired lien. A lien is expired if a
16suit to enforce the lien has not been commenced or a
17counterclaim has not been filed by the lienholder within 2
18years after the completion date of the contract as specified
19in the recorded mechanics lien. The 2-year period shall be
20increased to the extent that an automatic stay under Section
21362(a) of the United States Bankruptcy Code stays a suit or
22counterclaim to foreclose the lien. If a work completion date
23is not specified in the recorded lien, then the work
24completion date is the date of recording of the mechanics
25lien.
26    (e) Demand to Commence Suit. Upon receipt of an owner's

 

 

10200HB0594sam002- 38 -LRB102 10655 AWJ 30157 a

1confirmation that the lien is not involved in pending
2litigation and a request for the recorder to serve a Demand to
3Commence Suit, the recorder shall serve a Demand to Commence
4Suit on the lienholder of the expired lien as provided in
5Section 34 of the Mechanics Lien Act. A recorder may request
6that the Secretary of State assist in providing registered
7agent information or obtain information from the Secretary of
8State's registered business database when the recorder seeks
9to serve a Demand to Commence suit on the lienholder. Upon
10request, the Secretary of State, or his or her designee, shall
11provide the last known address or registered agent information
12for a lienholder who is incorporated or doing business in the
13State. The recorder must record a copy of the Demand to
14Commence suit in the grantor's index or the grantee's index
15identifying the mechanics lien and include the corresponding
16document number and the date of demand. The recorder may, at
17his or her discretion, notify the Secretary of State regarding
18a Demand to Commence suit determined to involve a company,
19corporation, or business registered with that office.
20    When the lienholder commences a suit or files an answer
21within 30 days or the lienholder records a release of lien with
22the county recorder as required by subsection (a) of Section
2334 of the Mechanics Lien Act, then the demand and referral
24process is completed for the recorder for that property. If
25service under this Section is responded to consistent with
26Section 34 of the Mechanics Lien Act, the recorder may not

 

 

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1proceed under subsection (f). If no response is received
2consistent with Section 34 of the Mechanics Lien Act, the
3recorder may proceed under subsection (f).
4    (f) Referral. Upon receipt of an owner's confirmation that
5the lien is not involved in pending litigation and a request
6for the recorder to proceed with a referral, the recorder
7shall: (i) file the Notice of Referral with the county's code
8hearing unit; (ii) identify and notify the lienholder by
9telephone, if available, of the referral and send a copy of the
10Notice of Referral by certified mail to the lienholder using
11information included in the recorded mechanics lien or the
12last known address or registered agent received from the
13Secretary of State or obtained from the Secretary of State's
14registered business database; (iii) send a copy of the Notice
15of Referral by mail to the physical address of the property
16owner associated with the lien; and (iv) record a copy of the
17Notice of Referral in the grantor's index or the grantee's
18index identifying the mechanics lien and include the
19corresponding document number. The Notice of Referral shall
20clearly identify the person, persons, or entity believed to be
21the owner, assignee, successor, or beneficiary of the lien.
22The recorder may, at his or her discretion, notify the
23Secretary of State regarding a referral determined to involve
24a company, corporation, or business registered with that
25office.
26    No earlier than 30 business days after the date the

 

 

10200HB0594sam002- 40 -LRB102 10655 AWJ 30157 a

1lienholder is required to respond to a Demand to Commence Suit
2under Section 34 of the Mechanics Lien Act, the code hearing
3unit shall schedule a hearing to occur at least 30 days after
4sending notice of the date of hearing. Notice of the hearing
5shall be provided by the county recorder, by and through his or
6her representative, to the filer, or the party represented by
7the filer, of the expired lien, the legal representative of
8the recorder of deeds who referred the case, and the last owner
9of record, as identified in the Notice of Referral.
10    If the recorder shows by clear and convincing evidence
11that the lien in question is an expired lien, the
12administrative law judge shall rule the lien is forfeited
13under Section 34.5 of the Mechanics Lien Act and that the lien
14no longer affects the chain of title of the property in any
15way. The judgment shall be forwarded to all parties identified
16in this subsection. Upon receiving judgment of a forfeited
17lien, the recorder shall, within 5 business days, record a
18copy of the judgment in the grantor's index or the grantee's
19index.
20    If the administrative law judge finds the lien is not
21expired, the recorder shall, no later than 5 business days
22after receiving notice of the decision of the administrative
23law judge, record a copy of the judgment in the grantor's index
24or the grantee's index.
25    A decision by an administrative law judge is reviewable
26under the Administrative Review Law, and nothing in this

 

 

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1Section precludes a property owner or lienholder from
2proceeding with a civil action to resolve questions concerning
3a mechanics lien.
4    A lienholder or property owner may remove the action from
5the code hearing unit to the circuit court as provided in
6subsection (i).
7    (g) Final administrative decision. The recorder's decision
8to refer a mechanics lien or serve a Demand to Commence Suit is
9a final administrative decision that is subject to review
10under the Administrative Review Law by the circuit court of
11the county where the real property is located. The standard of
12review by the circuit court shall be consistent with the
13Administrative Review Law.
14    (h) Liability. A recorder and his or her employees or
15agents are not subject to personal liability by reason of any
16error or omission in the performance of any duty under this
17Section, except in the case of willful or wanton conduct. The
18recorder and his or her employees or agents are not liable for
19the decision to refer a lien or serve a Demand to Commence
20Suit, or failure to refer or serve a Demand to Commence Suit,
21of a lien under this Section.
22    (i) Private actions; use of demand and referral process.
23Nothing in this Section precludes a private right of action by
24any party with an interest in the property affected by the
25mechanics lien or a decision by the code hearing unit. Nothing
26in this Section requires a person or entity who may have a

 

 

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1mechanics lien recorded against his or her property to use the
2mechanics lien demand and referral process created by this
3Section.
4    A lienholder or property owner may remove a matter in the
5referral process to the circuit court at any time prior to the
6final decision of the administrative law judge by delivering a
7certified notice of the suit filed in the circuit court to the
8administrative law judge. Upon receipt of the certified
9notice, the administrative law judge shall dismiss the matter
10without prejudice. If the matter is dismissed due to removal,
11then the demand and referral process is completed for the
12recorder for that property. If the circuit court dismisses the
13removed matter without deciding on whether the lien is expired
14and without prejudice, the recorder may reinstitute the demand
15and referral process under subsection (d).
16    (j) Repeal. This Section is repealed on January 1, 2024
172022.
18(Source: P.A. 100-1061, eff. 1-1-19; 101-296, eff. 8-9-19.)
 
19    (55 ILCS 5/4-11001.5)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 4-11001.5. Lake County Children's Advocacy Center
22Pilot Program.
23    (a) The Lake County Children's Advocacy Center Pilot
24Program is established. Under the Pilot Program, any grand
25juror or petit juror in Lake County may elect to have his or

 

 

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1her juror fees earned under Section 4-11001 of this Code to be
2donated to the Lake County Children's Advocacy Center, a
3division of the Lake County State's Attorney's office.
4    (b) On or before January 1, 2017, the Lake County board
5shall adopt, by ordinance or resolution, rules and policies
6governing and effectuating the ability of jurors to donate
7their juror fees to the Lake County Children's Advocacy Center
8beginning January 1, 2017 and ending December 31, 2018. At a
9minimum, the rules and policies must provide:
10        (1) for a form that a juror may fill out to elect to
11    donate his or her juror fees. The form must contain a
12    statement, in at least 14-point bold type, that donation
13    of juror fees is optional;
14        (2) that all monies donated by jurors shall be
15    transferred by the county to the Lake County Children's
16    Advocacy Center at the same time a juror is paid under
17    Section 4-11001 of this Code who did not elect to donate
18    his or her juror fees; and
19        (3) that all juror fees donated under this Section
20    shall be used exclusively for the operation of Lake County
21    Children's Advocacy Center.
22    The Lake County board shall adopt an ordinance or
23resolution reestablishing the rules and policies previously
24adopted under this subsection allowing a juror to donate his
25or her juror fees to the Lake County Children's Advocacy
26Center through December 31, 2021.

 

 

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1    (c) The following information shall be reported to the
2General Assembly and the Governor by the Lake County board
3after each calendar year of the Pilot Program on or before
4March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:
5        (1) the number of grand and petit jurors who earned
6    fees under Section 4-11001 of this Code during the
7    previous calendar year;
8        (2) the number of grand and petit jurors who donated
9    fees under this Section during the previous calendar year;
10        (3) the amount of donated fees under this Section
11    during the previous calendar year;
12        (4) how the monies donated in the previous calendar
13    year were used by the Lake County Children's Advocacy
14    Center; and
15        (5) how much cost there was incurred by Lake County
16    and the Lake County State's Attorney's office in the
17    previous calendar year in implementing the Pilot Program.
18    (d) This Section is repealed on January 1, 2024 2022.
19(Source: P.A. 100-201, eff. 8-18-17; 101-612, eff. 12-20-19.)
 
20    (55 ILCS 5/5-41065)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 5-41065. Mechanics lien demand and referral
23adjudication.
24    (a) Notwithstanding any other provision in this Division,
25a county's code hearing unit must adjudicate an expired

 

 

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1mechanics lien referred to the unit under Section 3-5010.8.
2    (b) If a county does not have an administrative law judge
3in its code hearing unit who is familiar with the areas of law
4relating to mechanics liens, one may be appointed no later
5than 3 months after the effective date of this amendatory Act
6of the 100th General Assembly to adjudicate all referrals
7concerning mechanics liens under Section 3-5010.8.
8    (c) If an administrative law judge familiar with the areas
9of law relating to mechanics liens has not been appointed as
10provided subsection (b) when a mechanics lien is referred
11under Section 3-5010.8 to the code hearing unit, the case
12shall be removed to the proper circuit court with
13jurisdiction.
14    (d) This Section is repealed on January 1, 2024 2022.
15(Source: P.A. 100-1061, eff. 1-1-19.)
 
16    (55 ILCS 5/5-43043)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-43043. Mechanics lien demand and referral
19adjudication.
20    (a) Notwithstanding any other provision in this Division,
21a county's code hearing unit must adjudicate an expired
22mechanics lien referred to the unit under Section 3-5010.8.
23    (b) If a county does not have an administrative law judge
24in its code hearing unit who is familiar with the areas of law
25relating to mechanics liens, one may be appointed no later

 

 

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1than 3 months after the effective date of this amendatory Act
2of the 100th General Assembly to adjudicate all referrals
3concerning mechanics liens under Section 3-5010.8.
4    (c) If an administrative law judge familiar with the areas
5of law relating to mechanics liens has not been appointed as
6provided subsection (b) when a mechanics lien is referred
7under Section 3-5010.8 to the code hearing unit, the case
8shall be removed to the proper circuit court with
9jurisdiction.
10    (d) This Section is repealed on January 1, 2024 2022.
11(Source: P.A. 100-1061, eff. 1-1-19.)
 
12    Section 60. The School Code is amended by changing
13Sections 2-3.187, 17-2A, and 22-90 as follows:
 
14    (105 ILCS 5/2-3.187)
15    (Text of Section before amendment by P.A. 102-209)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 2-3.187. Inclusive American History Commission.
18    (a) The Inclusive American History Commission is created
19to provide assistance to the State Board of Education in
20revising its social science learning standards under
21subsection (a-5) of Section 2-3.25, including social science
22learning standards for students enrolled in pre-kindergarten.
23    (b) The State Board of Education shall convene the
24Inclusive American History Commission to do all of the

 

 

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1following:
2        (1) Review available resources for use in school
3    districts that reflect the racial and ethnic diversity of
4    this State and country. The resources identified by the
5    Commission may be posted on the State Board of Education's
6    Internet website.
7        (2) Provide guidance for each learning standard
8    developed for educators on how to ensure that instruction
9    and content are not biased to value specific cultures,
10    time periods, and experiences over other cultures, time
11    periods, and experiences.
12        (3) Develop guidance, tools, and support for
13    professional learning on how to locate and utilize
14    resources for non-dominant cultural narratives and sources
15    of historical information.
16    (c) The Commission shall consist of all of the following
17members:
18        (1) One Representative appointed by the Speaker of the
19    House of Representatives.
20        (2) One Representative appointed by the Minority
21    Leader of the House of Representatives.
22        (3) One Senator appointed by the President of the
23    Senate.
24        (4) One Senator appointed by the Minority Leader of
25    the Senate.
26        (5) Two members who are history scholars appointed by

 

 

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1    the State Superintendent of Education.
2        (6) Eight members who are teachers at schools in this
3    State recommended by professional teachers' organizations
4    and appointed by the State Superintendent of Education.
5        (7) One representative of the State Board of Education
6    appointed by the State Superintendent of Education who
7    shall serve as chairperson.
8        (8) One member who represents a statewide organization
9    that represents south suburban school districts appointed
10    by the State Superintendent of Education.
11        (9) One member who represents a west suburban school
12    district appointed by the State Superintendent of
13    Education.
14        (10) One member who represents a school district
15    organized under Article 34 appointed by the State
16    Superintendent of Education.
17        (11) One member who represents a statewide
18    organization that represents school librarians appointed
19    by the State Superintendent of Education.
20        (12) One member who represents a statewide
21    organization that represents principals appointed by the
22    State Superintendent of Education.
23        (13) One member who represents a statewide
24    organization that represents superintendents appointed by
25    the State Superintendent of Education.
26        (14) One member who represents a statewide

 

 

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1    organization that represents school boards appointed by
2    the State Superintendent of Education.
3    Members appointed to the Commission must reflect the
4racial, ethnic, and geographic diversity of this State.
5    (d) Members of the Commission shall serve without
6compensation but may be reimbursed for reasonable expenses
7from funds appropriated to the State Board of Education for
8that purpose, including travel, subject to the rules of the
9appropriate travel control board.
10    (e) The State Board of Education shall provide
11administrative and other support to the Commission.
12    (f) The Commission must submit a report about its work to
13the State Board of Education, the Governor, and the General
14Assembly on or before February 28, 2022 December 31, 2021. The
15Commission is dissolved upon the submission of its report.
16    (g) This Section is repealed on January 1, 2023.
17(Source: P.A. 101-654, eff. 3-8-21.)
 
18    (Text of Section after amendment by P.A. 102-209)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 2-3.187. Inclusive American History Commission.
21    (a) The Inclusive American History Commission is created
22to provide assistance to the State Board of Education in
23revising its social science learning standards under
24subsection (a-5) of Section 2-3.25, including social science
25learning standards for students enrolled in pre-kindergarten.

 

 

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1    (b) The State Board of Education shall convene the
2Inclusive American History Commission to do all of the
3following:
4        (1) Review available resources for use in school
5    districts that reflect the racial and ethnic diversity of
6    this State and country. The resources identified by the
7    Commission may be posted on the State Board of Education's
8    Internet website.
9        (2) Provide guidance for each learning standard
10    developed for educators on how to ensure that instruction
11    and content are not biased to value specific cultures,
12    time periods, and experiences over other cultures, time
13    periods, and experiences.
14        (3) Develop guidance, tools, and support for
15    professional learning on how to locate and utilize
16    resources for non-dominant cultural narratives and sources
17    of historical information.
18    (c) The Commission shall consist of all of the following
19members:
20        (1) One Representative appointed by the Speaker of the
21    House of Representatives.
22        (2) One Representative appointed by the Minority
23    Leader of the House of Representatives.
24        (3) One Senator appointed by the President of the
25    Senate.
26        (4) One Senator appointed by the Minority Leader of

 

 

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1    the Senate.
2        (5) Two members who are history scholars appointed by
3    the State Superintendent of Education.
4        (6) Eight members who are teachers at schools in this
5    State recommended by professional teachers' organizations
6    and appointed by the State Superintendent of Education.
7        (7) One representative of the State Board of Education
8    appointed by the State Superintendent of Education who
9    shall serve as chairperson.
10        (8) One member who represents an organization that
11    represents south suburban school districts appointed by
12    the State Superintendent of Education.
13        (9) One member who represents a west suburban school
14    district appointed by the State Superintendent of
15    Education.
16        (10) One member who represents a school district
17    organized under Article 34 appointed by the State
18    Superintendent of Education.
19        (11) One member who represents a statewide
20    organization that represents school librarians appointed
21    by the State Superintendent of Education.
22        (12) One member who represents a statewide
23    organization that represents principals appointed by the
24    State Superintendent of Education.
25        (13) One member who represents a statewide
26    organization that represents superintendents appointed by

 

 

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1    the State Superintendent of Education.
2        (14) One member who represents a statewide
3    organization that represents school boards appointed by
4    the State Superintendent of Education.
5    Members appointed to the Commission must reflect the
6racial, ethnic, and geographic diversity of this State.
7    (d) Members of the Commission shall serve without
8compensation but may be reimbursed for reasonable expenses
9from funds appropriated to the State Board of Education for
10that purpose, including travel, subject to the rules of the
11appropriate travel control board.
12    (e) The State Board of Education shall provide
13administrative and other support to the Commission.
14    (f) The Commission must submit a report about its work to
15the State Board of Education, the Governor, and the General
16Assembly on or before February 28, 2022 December 31, 2021. The
17Commission is dissolved upon the submission of its report.
18    (g) This Section is repealed on January 1, 2023.
19(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 1-1-22.)
 
20    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
21    Sec. 17-2A. Interfund transfers.
22    (a) The school board of any district having a population
23of less than 500,000 inhabitants may, by proper resolution
24following a public hearing set by the school board or the
25president of the school board (that is preceded (i) by at least

 

 

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1one published notice over the name of the clerk or secretary of
2the board, occurring at least 7 days and not more than 30 days
3prior to the hearing, in a newspaper of general circulation
4within the school district and (ii) by posted notice over the
5name of the clerk or secretary of the board, at least 48 hours
6before the hearing, at the principal office of the school
7board or at the building where the hearing is to be held if a
8principal office does not exist, with both notices setting
9forth the time, date, place, and subject matter of the
10hearing), transfer money from (1) the Educational Fund to the
11Operations and Maintenance Fund or the Transportation Fund,
12(2) the Operations and Maintenance Fund to the Educational
13Fund or the Transportation Fund, (3) the Transportation Fund
14to the Educational Fund or the Operations and Maintenance
15Fund, or (4) the Tort Immunity Fund to the Operations and
16Maintenance Fund of said district, provided that, except
17during the period from July 1, 2003 through June 30, 2024 2021,
18such transfer is made solely for the purpose of meeting
19one-time, non-recurring expenses. Except during the period
20from July 1, 2003 through June 30, 2024 2021 and except as
21otherwise provided in subsection (b) of this Section, any
22other permanent interfund transfers authorized by any
23provision or judicial interpretation of this Code for which
24the transferee fund is not precisely and specifically set
25forth in the provision of this Code authorizing such transfer
26shall be made to the fund of the school district most in need

 

 

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1of the funds being transferred, as determined by resolution of
2the school board.
3    (b) (Blank).
4    (c) Notwithstanding subsection (a) of this Section or any
5other provision of this Code to the contrary, the school board
6of any school district (i) that is subject to the Property Tax
7Extension Limitation Law, (ii) that is an elementary district
8servicing students in grades K through 8, (iii) whose
9territory is in one county, (iv) that is eligible for Section
107002 Federal Impact Aid, and (v) that has no more than $81,000
11in funds remaining from refinancing bonds that were refinanced
12a minimum of 5 years prior to January 20, 2017 (the effective
13date of Public Act 99-926) may make a one-time transfer of the
14funds remaining from the refinancing bonds to the Operations
15and Maintenance Fund of the district by proper resolution
16following a public hearing set by the school board or the
17president of the school board, with notice as provided in
18subsection (a) of this Section, so long as the district meets
19the qualifications set forth in this subsection (c) on January
2020, 2017 (the effective date of Public Act 99-926).
21    (d) Notwithstanding subsection (a) of this Section or any
22other provision of this Code to the contrary, the school board
23of any school district (i) that is subject to the Property Tax
24Extension Limitation Law, (ii) that is a community unit school
25district servicing students in grades K through 12, (iii)
26whose territory is in one county, (iv) that owns property

 

 

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1designated by the United States as a Superfund site pursuant
2to the federal Comprehensive Environmental Response,
3Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
4seq.), and (v) that has an excess accumulation of funds in its
5bond fund, including funds accumulated prior to July 1, 2000,
6may make a one-time transfer of those excess funds accumulated
7prior to July 1, 2000 to the Operations and Maintenance Fund of
8the district by proper resolution following a public hearing
9set by the school board or the president of the school board,
10with notice as provided in subsection (a) of this Section, so
11long as the district meets the qualifications set forth in
12this subsection (d) on August 4, 2017 (the effective date of
13Public Act 100-32).
14(Source: P.A. 100-32, eff. 8-4-17; 100-465, eff. 8-31-17;
15100-863, eff. 8-14-18; 101-643, eff. 6-18-20.)
 
16    (105 ILCS 5/22-90)
17    (Section scheduled to be repealed on February 1, 2023)
18    Sec. 22-90. Whole Child Task Force.
19    (a) The General Assembly makes all of the following
20findings:
21        (1) The COVID-19 pandemic has exposed systemic
22    inequities in American society. Students, educators, and
23    families throughout this State have been deeply affected
24    by the pandemic, and the impact of the pandemic will be
25    felt for years to come. The negative consequences of the

 

 

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1    pandemic have impacted students and communities
2    differently along the lines of race, income, language, and
3    special needs. However, students in this State faced
4    significant unmet physical health, mental health, and
5    social and emotional needs even prior to the pandemic.
6        (2) The path to recovery requires a commitment from
7    adults in this State to address our students cultural,
8    physical, emotional, and mental health needs and to
9    provide them with stronger and increased systemic support
10    and intervention.
11        (3) It is well documented that trauma and toxic stress
12    diminish a child's ability to thrive. Forms of childhood
13    trauma and toxic stress include adverse childhood
14    experiences, systemic racism, poverty, food and housing
15    insecurity, and gender-based violence. The COVID-19
16    pandemic has exacerbated these issues and brought them
17    into focus.
18        (4) It is estimated that, overall, approximately 40%
19    of children in this State have experienced at least one
20    adverse childhood experience and approximately 10% have
21    experienced 3 or more adverse childhood experiences.
22    However, the number of adverse childhood experiences is
23    higher for Black and Hispanic children who are growing up
24    in poverty. The COVID-19 pandemic has amplified the number
25    of students who have experienced childhood trauma. Also,
26    the COVID-19 pandemic has highlighted preexisting

 

 

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1    inequities in school disciplinary practices that
2    disproportionately impact Black and Brown students.
3    Research shows, for example, that girls of color are
4    disproportionately impacted by trauma, adversity, and
5    abuse, and instead of receiving the care and
6    trauma-informed support they may need, many Black girls in
7    particular face disproportionately harsh disciplinary
8    measures.
9        (5) The cumulative effects of trauma and toxic stress
10    adversely impact the physical health of students, as well
11    as their ability to learn, form relationships, and
12    self-regulate. If left unaddressed, these effects increase
13    a student's risk for depression, alcoholism, anxiety,
14    asthma, smoking, and suicide, all of which are risks that
15    disproportionately affect Black youth and may lead to a
16    host of medical diseases as an adult. Access to infant and
17    early childhood mental health services is critical to
18    ensure the social and emotional well-being of this State's
19    youngest children, particularly those children who have
20    experienced trauma.
21        (6) Although this State enacted measures through
22    Public Act 100-105 to address the high rate of early care
23    and preschool expulsions of infants, toddlers, and
24    preschoolers and the disproportionately higher rate of
25    expulsion for Black and Hispanic children, a recent study
26    found a wide variation in the awareness, understanding,

 

 

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1    and compliance with the law by providers of early
2    childhood care. Further work is needed to implement the
3    law, which includes providing training to early childhood
4    care providers to increase their understanding of the law,
5    increasing the availability and access to infant and early
6    childhood mental health services, and building aligned
7    data collection systems to better understand expulsion
8    rates and to allow for accurate reporting as required by
9    the law.
10        (7) Many educators and schools in this State have
11    embraced and implemented evidenced-based restorative
12    justice and trauma-responsive and culturally relevant
13    practices and interventions. However, the use of these
14    interventions on students is often isolated or is
15    implemented occasionally and only if the school has the
16    appropriate leadership, resources, and partners available
17    to engage seriously in this work. It would be malpractice
18    to deny our students access to these practices and
19    interventions, especially in the aftermath of a
20    once-in-a-century pandemic.
21    (b) The Whole Child Task Force is created for the purpose
22of establishing an equitable, inclusive, safe, and supportive
23environment in all schools for every student in this State.
24The task force shall have all of the following goals, which
25means key steps have to be taken to ensure that every child in
26every school in this State has access to teachers, social

 

 

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1workers, school leaders, support personnel, and others who
2have been trained in evidenced-based interventions and
3restorative practices:
4        (1) To create a common definition of a
5    trauma-responsive school, a trauma-responsive district,
6    and a trauma-responsive community.
7        (2) To outline the training and resources required to
8    create and sustain a system of support for
9    trauma-responsive schools, districts, and communities and
10    to identify this State's role in that work, including
11    recommendations concerning options for redirecting
12    resources from school resource officers to classroom-based
13    support.
14        (3) To identify or develop a process to conduct an
15    analysis of the organizations that provide training in
16    restorative practices, implicit bias, anti-racism, and
17    trauma-responsive systems, mental health services, and
18    social and emotional services to schools.
19        (4) To provide recommendations concerning the key data
20    to be collected and reported to ensure that this State has
21    a full and accurate understanding of the progress toward
22    ensuring that all schools, including programs and
23    providers of care to pre-kindergarten children, employ
24    restorative, anti-racist, and trauma-responsive
25    strategies and practices. The data collected must include
26    information relating to the availability of trauma

 

 

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1    responsive support structures in schools as well as
2    disciplinary practices employed on students in person or
3    through other means, including during remote or blended
4    learning. It should also include information on the use
5    of, and funding for, school resource officers and other
6    similar police personnel in school programs.
7        (5) To recommend an implementation timeline, including
8    the key roles, responsibilities, and resources to advance
9    this State toward a system in which every school,
10    district, and community is progressing toward becoming
11    trauma-responsive.
12        (6) To seek input and feedback from stakeholders,
13    including parents, students, and educators, who reflect
14    the diversity of this State.
15    (c) Members of the Whole Child Task Force shall be
16appointed by the State Superintendent of Education. Members of
17this task force must represent the diversity of this State and
18possess the expertise needed to perform the work required to
19meet the goals of the task force set forth under subsection
20(a). Members of the task force shall include all of the
21following:
22        (1) One member of a statewide professional teachers'
23    organization.
24        (2) One member of another statewide professional
25    teachers' organization.
26        (3) One member who represents a school district

 

 

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1    serving a community with a population of 500,000 or more.
2        (4) One member of a statewide organization
3    representing social workers.
4        (5) One member of an organization that has specific
5    expertise in trauma-responsive school practices and
6    experience in supporting schools in developing
7    trauma-responsive and restorative practices.
8        (6) One member of another organization that has
9    specific expertise in trauma-responsive school practices
10    and experience in supporting schools in developing
11    trauma-responsive and restorative practices.
12        (7) One member of a statewide organization that
13    represents school administrators.
14        (8) One member of a statewide policy organization that
15    works to build a healthy public education system that
16    prepares all students for a successful college, career,
17    and civic life.
18        (9) One member of a statewide organization that brings
19    teachers together to identify and address issues critical
20    to student success.
21        (10) One member of the General Assembly recommended by
22    the President of the Senate.
23        (11) One member of the General Assembly recommended by
24    the Speaker of the House of Representatives.
25        (12) One member of the General Assembly recommended by
26    the Minority Leader of the Senate.

 

 

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1        (13) One member of the General Assembly recommended by
2    the Minority Leader of the House of Representatives.
3        (14) One member of a civil rights organization that
4    works actively on issues regarding student support.
5        (15) One administrator from a school district that has
6    actively worked to develop a system of student support
7    that uses a trauma-informed lens.
8        (16) One educator from a school district that has
9    actively worked to develop a system of student support
10    that uses a trauma-informed lens.
11        (17) One member of a youth-led organization.
12        (18) One member of an organization that has
13    demonstrated expertise in restorative practices.
14        (19) One member of a coalition of mental health and
15    school practitioners who assist schools in developing and
16    implementing trauma-informed and restorative strategies
17    and systems.
18        (20) One member of an organization whose mission is to
19    promote the safety, health, and economic success of
20    children, youth, and families in this State.
21        (21) One member who works or has worked as a
22    restorative justice coach or disciplinarian.
23        (22) One member who works or has worked as a social
24    worker.
25        (23) One member of the State Board of Education.
26        (24) One member who represents a statewide principals'

 

 

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1    organization.
2        (25) One member who represents a statewide
3    organization of school boards.
4        (26) One member who has expertise in pre-kindergarten
5    education.
6        (27) One member who represents a school social worker
7    association.
8        (28) One member who represents an organization that
9    represents school districts in both the south suburbs and
10    collar counties.
11        (29) One member who is a licensed clinical
12    psychologist who (A) has a doctor of philosophy in the
13    field of clinical psychology and has an appointment at an
14    independent free-standing children's hospital located in
15    Chicago, (B) serves as associate professor at a medical
16    school located in Chicago, and (C) serves as the clinical
17    director of a coalition of voluntary collaboration of
18    organizations that are committed to applying a trauma lens
19    to their efforts on behalf of families and children in the
20    State.
21        (30) One member who represents a west suburban school
22    district.
23    (d) The Whole Child Task Force shall meet at the call of
24the State Superintendent of Education or his or her designee,
25who shall serve as as the chairperson. The State Board of
26Education shall provide administrative and other support to

 

 

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1the task force. Members of the task force shall serve without
2compensation.
3    (e) The Whole Child Task Force shall submit a report of its
4findings and recommendations to the General Assembly, the
5Illinois Legislative Black Caucus, the State Board of
6Education, and the Governor on or before March 15, 2022
7February 1, 2022. Upon submitting its report, the task force
8is dissolved.
9    (f) This Section is repealed on February 1, 2023.
10(Source: P.A. 101-654, eff. 3-8-21.)
 
11    Section 65. The University of Illinois Hospital Act is
12amended by changing Section 8d as follows:
 
13    (110 ILCS 330/8d)
14    (Section scheduled to be repealed on December 31, 2021)
15    Sec. 8d. N95 masks. Pursuant to and in accordance with
16applicable local, State, and federal policies, guidance and
17recommendations of public health and infection control
18authorities, and taking into consideration the limitations on
19access to N95 masks caused by disruptions in local, State,
20national, and international supply chains, the University of
21Illinois Hospital shall provide N95 masks to physicians
22licensed under the Medical Practice Act of 1987, registered
23nurses and advanced practice registered nurses licensed under
24the Nurse Licensing Act, and any other employees or

 

 

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1contractual workers who provide direct patient care and who,
2pursuant to such policies, guidance, and recommendations, are
3recommended to have such a mask to safely provide such direct
4patient care within a hospital setting. Nothing in this
5Section shall be construed to impose any new duty or
6obligation on the University of Illinois Hospital or employee
7that is greater than that imposed under State and federal laws
8in effect on the effective date of this amendatory Act of the
9102nd General Assembly.
10    This Section is repealed on July 1, 2022 December 31,
112021.
12(Source: P.A. 102-4, eff. 4-27-21.)
 
13    Section 70. The Intergenerational Poverty Act is amended
14by changing Sections 95-502 and 95-503 as follows:
 
15    (305 ILCS 70/95-502)
16    Sec. 95-502. Strategic plan to address poverty and
17economic insecurity.
18    (a) Plan required. No later than March 31, 2022 November
1930, 2021, the Commission shall develop and adopt a strategic
20plan to address poverty and economic insecurity in this State.
21    (b) Goals. The goals of the strategic plan shall be to:
22        (1) Ensure that State programs and services targeting
23    poverty and economic insecurity reflect the goal of
24    helping individuals and families rise above poverty and

 

 

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1    achieve long-term economic stability rather than simply
2    providing relief from deprivation.
3        (2) Eliminate disparate rates of poverty, deep
4    poverty, child poverty, and intergenerational poverty
5    based on race, ethnicity, gender, age, sexual orientation
6    or identity, English language proficiency, ability, and
7    geographic location in a rural, urban, or suburban area.
8        (3) Reduce deep poverty in this State by 50% by 2026.
9        (4) Eliminate child poverty in this State by 2031.
10        (5) Eliminate all poverty in this State by 2036.
11    (c) Plan development. In developing the strategic plan,
12the Commission shall:
13        (1) Collaborate with the workgroup, including sharing
14    data and information identified under paragraphs (1) and
15    (3) of subsection (a) of Section 95-303 and analyses of
16    that data and information.
17        (2) Review each program and service provided by the
18    State that targets poverty and economic insecurity for
19    purposes of:
20            (i) determining which programs and services are
21        the most effective and of the highest importance in
22        reducing poverty and economic insecurity in this
23        State; and
24            (ii) providing an analysis of unmet needs, if any,
25        among individuals, children, and families in deep
26        poverty and intergenerational poverty for each program

 

 

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1        and service identified under subparagraph (i).
2        (3) Study the feasibility of using public or private
3    partnerships and social impact bonds, to improve
4    innovation and cost-effectiveness in the development of
5    programs and delivery of services that advance the goals
6    of the strategic plan.
7        (4) Hold at least 6 public hearings in different
8    geographic regions of this State, including areas that
9    have disparate rates of poverty and that have historically
10    experienced economic insecurity, to collect information,
11    take testimony, and solicit input and feedback from
12    interested parties, including members of the public who
13    have personal experiences with State programs and services
14    targeting economic insecurity, poverty, deep poverty,
15    child poverty, and intergenerational poverty and make the
16    information publicly available.
17        (5) To request and receive from a State agency or
18    local governmental agency information relating to poverty
19    in this State, including all of the following:
20            (i) Reports.
21            (ii) Audits.
22            (iii) Data.
23            (iv) Projections.
24            (v) Statistics.
25    (d) Subject areas. The strategic plan shall address all of
26the following:

 

 

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1        (1) Access to safe and affordable housing.
2        (2) Access to adequate food and nutrition.
3        (3) Access to affordable and quality health care.
4        (4) Equal access to quality education and training.
5        (5) Equal access to affordable, quality post-secondary
6    education options.
7        (6) Dependable and affordable transportation.
8        (7) Access to quality and affordable child care.
9        (8) Opportunities to engage in meaningful and
10    sustainable work that pays a living wage and barriers to
11    those opportunities experienced by low-income individuals
12    in poverty.
13        (9) Equal access to justice through a fair system of
14    criminal justice that does not, in effect, criminalize
15    poverty.
16        (10) The availability of adequate income supports.
17        (11) Retirement security.
18    (e) Plan content. The strategic plan shall, at a minimum,
19contain policy and fiscal recommendations relating to all of
20the following:
21        (1) Developing fact-based measures to evaluate the
22    long-term effectiveness of existing and proposed programs
23    and services targeting poverty and economic insecurity.
24        (2) Increasing enrollment in programs and services
25    targeting poverty and economic insecurity by reducing the
26    complexity and difficulty of enrollment in order to

 

 

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1    maximize program effectiveness and increase positive
2    outcomes.
3        (3) Increasing the reach of programs and services
4    targeting poverty and economic insecurity by ensuring that
5    State agencies have adequate resources to maximize the
6    public awareness of the programs and services, especially
7    in historically disenfranchised communities.
8        (4) Reducing the negative impacts of asset limits for
9    eligibility on the effectiveness of State programs
10    targeting poverty and economic insecurity by ensuring that
11    eligibility limits do not:
12            (i) create gaps in necessary service and benefit
13        delivery or restrict access to benefits as individuals
14        and families attempt to transition off assistance
15        programs; or
16            (ii) prevent beneficiaries from improving
17        long-term outcomes and achieving long-term economic
18        independence from the program.
19        (5) Improving the ability of community-based
20    organizations to participate in the development and
21    implementation of State programs designed to address
22    economic insecurity and poverty.
23        (6) Improving the ability of individuals living in
24    poverty, low-income individuals, and unemployed
25    individuals to access critical job training and skills
26    upgrade programs and find quality jobs that help children

 

 

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1    and families become economically secure and rise above
2    poverty.
3        (7) Improving communication and collaboration between
4    State agencies and local governments on programs targeting
5    poverty and economic insecurity.
6        (8) Creating efficiencies in the administration and
7    coordination of programs and services targeting poverty
8    and economic insecurity.
9        (9) Connecting low-income children, disconnected
10    youth, and families of those children and youth to
11    education, job training, and jobs in the communities in
12    which those children and youth live.
13        (10) Ensuring that the State's services and benefits
14    programs, emergency programs, discretionary economic
15    programs, and other policies are sufficiently funded to
16    enable the State to mount effective responses to economic
17    downturns and increases in economic insecurity and poverty
18    rates.
19        (11) Creating one or more State poverty measures.
20        (12) Developing and implementing programs and policies
21    that use the two-generation approach.
22        (13) Using public or private partnerships and social
23    impact bonds to improve innovation and cost-effectiveness
24    in the development of programs and delivery of services
25    that advance the goals of the strategic plan.
26        (14) Identifying best practices for collecting data

 

 

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1    relevant to all of the following:
2            (i) Reducing economic insecurity and poverty.
3            (ii) Reducing the racial, ethnic, age, gender,
4        sexual orientation, and sexual identity-based
5        disparities in the rates of economic insecurity and
6        poverty.
7            (iii) Adequately measuring the effectiveness,
8        efficiency, and impact of programs on the outcomes for
9        individuals, families, and communities who receive
10        benefits and services.
11            (iv) Streamlining enrollment and eligibility for
12        programs.
13            (v) Improving long-term outcomes for individuals
14        who are enrolled in service and benefit programs.
15            (vi) Reducing reliance on public programs.
16            (vii) Improving connections to work.
17            (viii) Improving economic security.
18            (ix) Improving retirement security.
19            (x) Improving the State's understanding of the
20        impact of extreme weather and natural disasters on
21        economically vulnerable communities and improving
22        those communities' resilience to and recovery from
23        extreme weather and natural disasters.
24            (xi) Improving access to living-wage employment.
25            (xii) Improving access to employment-based
26        benefits.

 

 

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1    (f) Other information. In addition to the plan content
2required under subsection (e), the strategic plan shall
3contain all of the following:
4        (1) A suggested timeline for the stages of
5    implementation of the recommendations in the plan.
6        (2) Short-term, intermediate-term, and long-term
7    benchmarks to measure the State's progress toward meeting
8    the goals of the strategic plan.
9        (3) A summary of the review and analysis conducted by
10    the Commission under paragraph (1) of subsection (c).
11    (g) Impact of recommendations. For each recommendation in
12the plan, the Commission shall identify in measurable terms
13the actual or potential impact the recommendation will have on
14poverty and economic insecurity in this State.
15(Source: P.A. 101-636, eff. 6-10-20; 102-558, eff. 8-20-21.)
 
16    (305 ILCS 70/95-503)
17    Sec. 95-503. Commission reports.
18    (a) Interim report. No later than June 30, 2021, the
19Commission shall issue an interim report on the Commission's
20activities to the Governor and the General Assembly.
21    (b) Report on strategic plan. Upon the Commission's
22adoption of the strategic plan, but no later than March 31,
232022 November 30, 2021, the Commission shall issue a report
24containing a summary of the Commission's activities and the
25contents of the strategic plan. The Commission shall submit

 

 

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1the report to the Governor and each member of the General
2Assembly.
3    (c) Annual reports. Beginning March 31, 2022 November 30,
42022, and each year thereafter, the Commission shall issue a
5report on the status of the implementation of the Commission's
6strategic plan. The report may contain any other
7recommendations of the Commission to address poverty and
8economic insecurity in this State.
9(Source: P.A. 101-636, eff. 6-10-20.)
 
10    Section 75. The Rare Disease Commission Act is amended by
11changing Sections 15 and 90 as follows:
 
12    (410 ILCS 445/15)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 15. Study; recommendations. The Commission shall make
15recommendations to the General Assembly, in the form of an
16annual report through 2026 2023, regarding:
17        (1) the use of prescription drugs and innovative
18    therapies for children and adults with rare diseases, and
19    specific subpopulations of children or adults with rare
20    diseases, as appropriate, together with recommendations on
21    the ways in which this information should be used in
22    specific State programs that (A) provide assistance or
23    health care coverage to individuals with rare diseases or
24    broader populations that include individuals with rare

 

 

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1    diseases, or (B) have responsibilities associated with
2    promoting the quality of care for individuals with rare
3    diseases or broader populations that include individuals
4    with rare diseases;
5        (2) legislation that could improve the care and
6    treatment of adults or children with rare diseases;
7        (3) in coordination with the Genetic and Metabolic
8    Diseases Advisory Committee, the screening of newborn
9    children for the presence of genetic disorders; and
10        (4) any other issues the Commission considers
11    appropriate.
12    The Commission shall submit its annual report to the
13General Assembly no later than December 31 of each year.
14(Source: P.A. 101-606, eff. 12-13-19.)
 
15    (410 ILCS 445/90)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 90. Repeal. This Act is repealed on January 1, 2027
182023.
19(Source: P.A. 101-606, eff. 12-13-19.)
 
20    Section 80. The Farmer Equity Act is amended by changing
21Section 25 as follows:
 
22    (505 ILCS 72/25)
23    Sec. 25. Disparity study; report.

 

 

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1    (a) The Department shall conduct a study and use the data
2collected to determine economic and other disparities
3associated with farm ownership and farm operations in this
4State. The study shall focus primarily on identifying and
5comparing economic, land ownership, education, and other
6related differences between African American farmers and white
7farmers, but may include data collected in regards to farmers
8from other socially disadvantaged groups. The study shall
9collect, compare, and analyze data relating to disparities or
10differences in farm operations for the following areas:
11        (1) Farm ownership and the size or acreage of the
12    farmland owned compared to the number of farmers who are
13    farm tenants.
14        (2) The distribution of farm-related generated income
15    and wealth.
16        (3) The accessibility and availability to grants,
17    loans, commodity subsidies, and other financial
18    assistance.
19        (4) Access to technical assistance programs and
20    mechanization.
21        (5) Participation in continuing education, outreach,
22    or other agriculturally related services or programs.
23        (6) Interest in farming by young or beginning farmers.
24    (b) The Department shall submit a report of study to the
25Governor and General Assembly on or before December 31, 2022
26January 1, 2022. The report shall be made available on the

 

 

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1Department's Internet website.
2    (c) This Section is repealed on January 1, 2024.
3(Source: P.A. 101-658, eff. 3-23-21.)
 
4    Section 85. The Mechanics Lien Act is amended by changing
5Section 34.5 as follows:
 
6    (770 ILCS 60/34.5)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 34.5. Mechanics lien administrative adjudication.
9    (a) Notwithstanding any other provision in this Act, a
10county's code hearing unit may adjudicate the validity of a
11mechanics lien under Section 3-5010.8 of the Counties Code. If
12the recorder shows by clear and convincing evidence that the
13lien being adjudicated is an expired lien, the administrative
14law judge shall rule the lien is forfeited under this Act and
15that the lien no longer affects the chain of title of the
16property in any way.
17    (b) This Section is repealed on January 1, 2024 2022.
18(Source: P.A. 100-1061, eff. 1-1-19.)
 
19    Section 90. The Unemployment Insurance Act is amended by
20changing Sections 401, 403, 1502.4, 1505, and 1506.6 as
21follows:
 
22    (820 ILCS 405/401)  (from Ch. 48, par. 401)

 

 

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1    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
2    A. With respect to any week beginning in a benefit year
3beginning prior to January 4, 2004, an individual's weekly
4benefit amount shall be an amount equal to the weekly benefit
5amount as defined in the provisions of this Act as amended and
6in effect on November 18, 2011.
7    B. 1. With respect to any benefit year beginning on or
8after January 4, 2004 and before January 6, 2008, an
9individual's weekly benefit amount shall be 48% of his or her
10prior average weekly wage, rounded (if not already a multiple
11of one dollar) to the next higher dollar; provided, however,
12that the weekly benefit amount cannot exceed the maximum
13weekly benefit amount and cannot be less than $51. Except as
14otherwise provided in this Section, with respect to any
15benefit year beginning on or after January 6, 2008, an
16individual's weekly benefit amount shall be 47% of his or her
17prior average weekly wage, rounded (if not already a multiple
18of one dollar) to the next higher dollar; provided, however,
19that the weekly benefit amount cannot exceed the maximum
20weekly benefit amount and cannot be less than $51. With
21respect to any benefit year beginning on or after July 3, 2022
22in calendar year 2022, an individual's weekly benefit amount
23shall be 42.4% of his or her prior average weekly wage, rounded
24(if not already a multiple of one dollar) to the next higher
25dollar; provided, however, that the weekly benefit amount
26cannot exceed the maximum weekly benefit amount and cannot be

 

 

10200HB0594sam002- 78 -LRB102 10655 AWJ 30157 a

1less than $51.
2    2. For the purposes of this subsection:
3    An individual's "prior average weekly wage" means the
4total wages for insured work paid to that individual during
5the 2 calendar quarters of his base period in which such total
6wages were highest, divided by 26. If the quotient is not
7already a multiple of one dollar, it shall be rounded to the
8nearest dollar; however if the quotient is equally near 2
9multiples of one dollar, it shall be rounded to the higher
10multiple of one dollar.
11    "Determination date" means June 1 and December 1 of each
12calendar year except that, for the purposes of this Act only,
13there shall be no June 1 determination date in any year.
14    "Determination period" means, with respect to each June 1
15determination date, the 12 consecutive calendar months ending
16on the immediately preceding December 31 and, with respect to
17each December 1 determination date, the 12 consecutive
18calendar months ending on the immediately preceding June 30.
19    "Benefit period" means the 12 consecutive calendar month
20period beginning on the first day of the first calendar month
21immediately following a determination date, except that, with
22respect to any calendar year in which there is a June 1
23determination date, "benefit period" shall mean the 6
24consecutive calendar month period beginning on the first day
25of the first calendar month immediately following the
26preceding December 1 determination date and the 6 consecutive

 

 

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1calendar month period beginning on the first day of the first
2calendar month immediately following the June 1 determination
3date.
4    "Gross wages" means all the wages paid to individuals
5during the determination period immediately preceding a
6determination date for insured work, and reported to the
7Director by employers prior to the first day of the third
8calendar month preceding that date.
9    "Covered employment" for any calendar month means the
10total number of individuals, as determined by the Director,
11engaged in insured work at mid-month.
12    "Average monthly covered employment" means one-twelfth of
13the sum of the covered employment for the 12 months of a
14determination period.
15    "Statewide average annual wage" means the quotient,
16obtained by dividing gross wages by average monthly covered
17employment for the same determination period, rounded (if not
18already a multiple of one cent) to the nearest cent.
19    "Statewide average weekly wage" means the quotient,
20obtained by dividing the statewide average annual wage by 52,
21rounded (if not already a multiple of one cent) to the nearest
22cent. Notwithstanding any provision of this Section to the
23contrary, the statewide average weekly wage for any benefit
24period prior to calendar year 2012 shall be as determined by
25the provisions of this Act as amended and in effect on November
2618, 2011. Notwithstanding any provisions of this Section to

 

 

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1the contrary, the statewide average weekly wage for the
2benefit period of calendar year 2012 shall be $856.55 and for
3each calendar year thereafter, the statewide average weekly
4wage shall be the statewide average weekly wage, as determined
5in accordance with this sentence, for the immediately
6preceding benefit period plus (or minus) an amount equal to
7the percentage change in the statewide average weekly wage, as
8computed in accordance with the first sentence of this
9paragraph, between the 2 immediately preceding benefit
10periods, multiplied by the statewide average weekly wage, as
11determined in accordance with this sentence, for the
12immediately preceding benefit period. However, for purposes of
13the Workers' Compensation Act, the statewide average weekly
14wage will be computed using June 1 and December 1
15determination dates of each calendar year and such
16determination shall not be subject to the limitation of the
17statewide average weekly wage as computed in accordance with
18the preceding sentence of this paragraph.
19    With respect to any week beginning in a benefit year
20beginning prior to January 4, 2004, "maximum weekly benefit
21amount" with respect to each week beginning within a benefit
22period shall be as defined in the provisions of this Act as
23amended and in effect on November 18, 2011.
24    With respect to any benefit year beginning on or after
25January 4, 2004 and before January 6, 2008, "maximum weekly
26benefit amount" with respect to each week beginning within a

 

 

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1benefit period means 48% of the statewide average weekly wage,
2rounded (if not already a multiple of one dollar) to the next
3higher dollar.
4    Except as otherwise provided in this Section, with respect
5to any benefit year beginning on or after January 6, 2008,
6"maximum weekly benefit amount" with respect to each week
7beginning within a benefit period means 47% of the statewide
8average weekly wage, rounded (if not already a multiple of one
9dollar) to the next higher dollar.
10    With respect to any benefit year beginning on or after
11July 3, 2022 in calendar year 2022, "maximum weekly benefit
12amount" with respect to each week beginning within a benefit
13period means 42.4% of the statewide average weekly wage,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar.
16    C. With respect to any week beginning in a benefit year
17beginning prior to January 4, 2004, an individual's
18eligibility for a dependent allowance with respect to a
19nonworking spouse or one or more dependent children shall be
20as defined by the provisions of this Act as amended and in
21effect on November 18, 2011.
22    With respect to any benefit year beginning on or after
23January 4, 2004 and before January 6, 2008, an individual to
24whom benefits are payable with respect to any week shall, in
25addition to those benefits, be paid, with respect to such
26week, as follows: in the case of an individual with a

 

 

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1nonworking spouse, 9% of his or her prior average weekly wage,
2rounded (if not already a multiple of one dollar) to the next
3higher dollar, provided, that the total amount payable to the
4individual with respect to a week shall not exceed 57% of the
5statewide average weekly wage, rounded (if not already a
6multiple of one dollar) to the next higher dollar; and in the
7case of an individual with a dependent child or dependent
8children, 17.2% of his or her prior average weekly wage,
9rounded (if not already a multiple of one dollar) to the next
10higher dollar, provided that the total amount payable to the
11individual with respect to a week shall not exceed 65.2% of the
12statewide average weekly wage, rounded (if not already a
13multiple of one dollar) to the next higher dollar.
14    With respect to any benefit year beginning on or after
15January 6, 2008 and before January 1, 2010, an individual to
16whom benefits are payable with respect to any week shall, in
17addition to those benefits, be paid, with respect to such
18week, as follows: in the case of an individual with a
19nonworking spouse, 9% of his or her prior average weekly wage,
20rounded (if not already a multiple of one dollar) to the next
21higher dollar, provided, that the total amount payable to the
22individual with respect to a week shall not exceed 56% of the
23statewide average weekly wage, rounded (if not already a
24multiple of one dollar) to the next higher dollar; and in the
25case of an individual with a dependent child or dependent
26children, 18.2% of his or her prior average weekly wage,

 

 

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1rounded (if not already a multiple of one dollar) to the next
2higher dollar, provided that the total amount payable to the
3individual with respect to a week shall not exceed 65.2% of the
4statewide average weekly wage, rounded (if not already a
5multiple of one dollar) to the next higher dollar.
6    The additional amount paid pursuant to this subsection in
7the case of an individual with a dependent child or dependent
8children shall be referred to as the "dependent child
9allowance", and the percentage rate by which an individual's
10prior average weekly wage is multiplied pursuant to this
11subsection to calculate the dependent child allowance shall be
12referred to as the "dependent child allowance rate".
13    Except as otherwise provided in this Section, with respect
14to any benefit year beginning on or after January 1, 2010, an
15individual to whom benefits are payable with respect to any
16week shall, in addition to those benefits, be paid, with
17respect to such week, as follows: in the case of an individual
18with a nonworking spouse, the greater of (i) 9% of his or her
19prior average weekly wage, rounded (if not already a multiple
20of one dollar) to the next higher dollar, or (ii) $15, provided
21that the total amount payable to the individual with respect
22to a week shall not exceed 56% of the statewide average weekly
23wage, rounded (if not already a multiple of one dollar) to the
24next higher dollar; and in the case of an individual with a
25dependent child or dependent children, the greater of (i) the
26product of the dependent child allowance rate multiplied by

 

 

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1his or her prior average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar, or (ii) the
3lesser of $50 or 50% of his or her weekly benefit amount,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, provided that the total amount payable to the
6individual with respect to a week shall not exceed the product
7of the statewide average weekly wage multiplied by the sum of
847% plus the dependent child allowance rate, rounded (if not
9already a multiple of one dollar) to the next higher dollar.
10    With respect to any benefit year beginning on or after
11July 3, 2022 in calendar year 2022, an individual to whom
12benefits are payable with respect to any week shall, in
13addition to those benefits, be paid, with respect to such
14week, as follows: in the case of an individual with a
15nonworking spouse, the greater of (i) 9% of his or her prior
16average weekly wage, rounded (if not already a multiple of one
17dollar) to the next higher dollar, or (ii) $15, provided that
18the total amount payable to the individual with respect to a
19week shall not exceed 51.4% of the statewide average weekly
20wage, rounded (if not already a multiple of one dollar) to the
21next higher dollar; and in the case of an individual with a
22dependent child or dependent children, the greater of (i) the
23product of the dependent child allowance rate multiplied by
24his or her prior average weekly wage, rounded (if not already a
25multiple of one dollar) to the next higher dollar, or (ii) the
26lesser of $50 or 50% of his or her weekly benefit amount,

 

 

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1rounded (if not already a multiple of one dollar) to the next
2higher dollar, provided that the total amount payable to the
3individual with respect to a week shall not exceed the product
4of the statewide average weekly wage multiplied by the sum of
542.4% plus the dependent child allowance rate, rounded (if not
6already a multiple of one dollar) to the next higher dollar.
7    With respect to each benefit year beginning after calendar
8year 2012, the dependent child allowance rate shall be the sum
9of the allowance adjustment applicable pursuant to Section
101400.1 to the calendar year in which the benefit year begins,
11plus the dependent child allowance rate with respect to each
12benefit year beginning in the immediately preceding calendar
13year, except as otherwise provided in this subsection. The
14dependent child allowance rate with respect to each benefit
15year beginning in calendar year 2010 shall be 17.9%. The
16dependent child allowance rate with respect to each benefit
17year beginning in calendar year 2011 shall be 17.4%. The
18dependent child allowance rate with respect to each benefit
19year beginning in calendar year 2012 shall be 17.0% and, with
20respect to each benefit year beginning after calendar year
212012, shall not be less than 17.0% or greater than 17.9%.
22    For the purposes of this subsection:
23    "Dependent" means a child or a nonworking spouse.
24    "Child" means a natural child, stepchild, or adopted child
25of an individual claiming benefits under this Act or a child
26who is in the custody of any such individual by court order,

 

 

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1for whom the individual is supplying and, for at least 90
2consecutive days (or for the duration of the parental
3relationship if it has existed for less than 90 days)
4immediately preceding any week with respect to which the
5individual has filed a claim, has supplied more than one-half
6the cost of support, or has supplied at least 1/4 of the cost
7of support if the individual and the other parent, together,
8are supplying and, during the aforesaid period, have supplied
9more than one-half the cost of support, and are, and were
10during the aforesaid period, members of the same household;
11and who, on the first day of such week (a) is under 18 years of
12age, or (b) is, and has been during the immediately preceding
1390 days, unable to work because of illness or other
14disability: provided, that no person who has been determined
15to be a child of an individual who has been allowed benefits
16with respect to a week in the individual's benefit year shall
17be deemed to be a child of the other parent, and no other
18person shall be determined to be a child of such other parent,
19during the remainder of that benefit year.
20    "Nonworking spouse" means the lawful husband or wife of an
21individual claiming benefits under this Act, for whom more
22than one-half the cost of support has been supplied by the
23individual for at least 90 consecutive days (or for the
24duration of the marital relationship if it has existed for
25less than 90 days) immediately preceding any week with respect
26to which the individual has filed a claim, but only if the

 

 

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1nonworking spouse is currently ineligible to receive benefits
2under this Act by reason of the provisions of Section 500E.
3    An individual who was obligated by law to provide for the
4support of a child or of a nonworking spouse for the aforesaid
5period of 90 consecutive days, but was prevented by illness or
6injury from doing so, shall be deemed to have provided more
7than one-half the cost of supporting the child or nonworking
8spouse for that period.
9(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20;
10101-633, eff. 6-5-20.)
 
11    (820 ILCS 405/403)  (from Ch. 48, par. 403)
12    Sec. 403. Maximum total amount of benefits.
13    A. With respect to any benefit year beginning prior to
14September 30, 1979, any otherwise eligible individual shall be
15entitled, during such benefit year, to a maximum total amount
16of benefits as shall be determined in the manner set forth in
17this Act as amended and in effect on November 9, 1977.
18    B. With respect to any benefit year beginning on or after
19September 30, 1979, except as otherwise provided in this
20Section, any otherwise eligible individual shall be entitled,
21during such benefit year, to a maximum total amount of
22benefits equal to 26 times his or her weekly benefit amount
23plus dependents' allowances, or to the total wages for insured
24work paid to such individual during the individual's base
25period, whichever amount is smaller. With respect to any

 

 

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1benefit year beginning in calendar year 2012, any otherwise
2eligible individual shall be entitled, during such benefit
3year, to a maximum total amount of benefits equal to 25 times
4his or her weekly benefit amount plus dependents' allowances,
5or to the total wages for insured work paid to such individual
6during the individual's base period, whichever amount is
7smaller. With respect to any benefit year beginning on or
8after July 3, 2022 in calendar year 2022, any otherwise
9eligible individual shall be entitled, during such benefit
10year, to a maximum total amount of benefits equal to 24 times
11his or her weekly benefit amount plus dependents' allowances,
12or to the total wages for insured work paid to such individual
13during the individual's base period, whichever amount is
14smaller.
15(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
16    (820 ILCS 405/1502.4)
17    Sec. 1502.4. Benefit charges; COVID-19.
18    A. With respect to any benefits paid for a week of
19unemployment that begins on or after March 15, 2020, and
20before December 31, 2020, and is directly or indirectly
21attributable to COVID-19, notwithstanding any other provisions
22to the contrary an employer that is subject to the payment of
23contributions shall not be chargeable for any benefit charges.
24    B. With respect to any regular benefits paid for a week of
25unemployment that begins on or after March 15, 2020, and

 

 

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1before December 31, 2020, and is directly or indirectly
2attributable to COVID-19, notwithstanding any other provisions
3to the contrary except subsection E, a nonprofit organization
4that is subject to making payments in lieu of contributions
5shall be chargeable for 50% of the benefits paid.
6    C. With respect to any benefits paid for a week of
7unemployment that begins on or after March 15, 2020, and
8before December 31, 2020, and is directly or indirectly
9attributable to COVID-19, notwithstanding any other provisions
10to the contrary except subsection E, the State and any local
11government that is subject to making payments in lieu of
12contributions shall be chargeable for 50% of the benefits
13paid, irrespective of whether the State or local government
14paid the individual who received the benefits wages for
15insured work during the individual's base period.
16    D. Subsections A, B, and C shall only apply to the extent
17that the employer can show that the individual's unemployment
18for the week was directly or indirectly attributable to
19COVID-19.
20    E. No employer shall be chargeable for the week of
21benefits paid to an individual under the provisions of
22subsection D-5 of Section 500 500D-1.
23(Source: P.A. 101-633, eff. 6-5-20.)
 
24    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
25    Sec. 1505. Adjustment of state experience factor. The

 

 

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1state experience factor shall be adjusted in accordance with
2the following provisions:
3    A. For calendar years prior to 1988, the state experience
4factor shall be adjusted in accordance with the provisions of
5this Act as amended and in effect on November 18, 2011.
6    B. (Blank).
7    C. For calendar year 1988 and each calendar year
8thereafter, for which the state experience factor is being
9determined.
10        1. For every $50,000,000 (or fraction thereof) by
11    which the adjusted trust fund balance falls below the
12    target balance set forth in this subsection, the state
13    experience factor for the succeeding year shall be
14    increased one percent absolute.
15        For every $50,000,000 (or fraction thereof) by which
16    the adjusted trust fund balance exceeds the target balance
17    set forth in this subsection, the state experience factor
18    for the succeeding year shall be decreased by one percent
19    absolute.
20        The target balance in each calendar year prior to 2003
21    is $750,000,000. The target balance in calendar year 2003
22    is $920,000,000. The target balance in calendar year 2004
23    is $960,000,000. The target balance in calendar year 2005
24    and each calendar year thereafter is $1,000,000,000.
25        2. For the purposes of this subsection:
26        "Net trust fund balance" is the amount standing to the

 

 

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1    credit of this State's account in the unemployment trust
2    fund as of June 30 of the calendar year immediately
3    preceding the year for which a state experience factor is
4    being determined.
5        "Adjusted trust fund balance" is the net trust fund
6    balance minus the sum of the benefit reserves for fund
7    building for July 1, 1987 through June 30 of the year prior
8    to the year for which the state experience factor is being
9    determined. The adjusted trust fund balance shall not be
10    less than zero. If the preceding calculation results in a
11    number which is less than zero, the amount by which it is
12    less than zero shall reduce the sum of the benefit
13    reserves for fund building for subsequent years.
14        For the purpose of determining the state experience
15    factor for 1989 and for each calendar year thereafter, the
16    following "benefit reserves for fund building" shall apply
17    for each state experience factor calculation in which that
18    12 month period is applicable:
19            a. For the 12 month period ending on June 30, 1988,
20        the "benefit reserve for fund building" shall be
21        8/104th of the total benefits paid from January 1,
22        1988 through June 30, 1988.
23            b. For the 12 month period ending on June 30, 1989,
24        the "benefit reserve for fund building" shall be the
25        sum of:
26                i. 8/104ths of the total benefits paid from

 

 

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1            July 1, 1988 through December 31, 1988, plus
2                ii. 4/108ths of the total benefits paid from
3            January 1, 1989 through June 30, 1989.
4            c. For the 12 month period ending on June 30, 1990,
5        the "benefit reserve for fund building" shall be
6        4/108ths of the total benefits paid from July 1, 1989
7        through December 31, 1989.
8            d. For 1992 and for each calendar year thereafter,
9        the "benefit reserve for fund building" for the 12
10        month period ending on June 30, 1991 and for each
11        subsequent 12 month period shall be zero.
12        3. Notwithstanding the preceding provisions of this
13    subsection, for calendar years 1988 through 2003, the
14    state experience factor shall not be increased or
15    decreased by more than 15 percent absolute.
16    D. Notwithstanding the provisions of subsection C, the
17adjusted state experience factor:
18        1. Shall be 111 percent for calendar year 1988;
19        2. Shall not be less than 75 percent nor greater than
20    135 percent for calendar years 1989 through 2003; and
21    shall not be less than 75% nor greater than 150% for
22    calendar year 2004 and each calendar year thereafter, not
23    counting any increase pursuant to subsection D-1, D-2, or
24    D-3;
25        3. Shall not be decreased by more than 5 percent
26    absolute for any calendar year, beginning in calendar year

 

 

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1    1989 and through calendar year 1992, by more than 6%
2    absolute for calendar years 1993 through 1995, by more
3    than 10% absolute for calendar years 1999 through 2003 and
4    by more than 12% absolute for calendar year 2004 and each
5    calendar year thereafter, from the adjusted state
6    experience factor of the calendar year preceding the
7    calendar year for which the adjusted state experience
8    factor is being determined;
9        4. Shall not be increased by more than 15% absolute
10    for calendar year 1993, by more than 14% absolute for
11    calendar years 1994 and 1995, by more than 10% absolute
12    for calendar years 1999 through 2003 and by more than 16%
13    absolute for calendar year 2004 and each calendar year
14    thereafter, from the adjusted state experience factor for
15    the calendar year preceding the calendar year for which
16    the adjusted state experience factor is being determined;
17        5. Shall be 100% for calendar years 1996, 1997, and
18    1998.
19    D-1. The adjusted state experience factor for each of
20calendar years 2013 through 2015 shall be increased by 5%
21absolute above the adjusted state experience factor as
22calculated without regard to this subsection. The adjusted
23state experience factor for each of calendar years 2016
24through 2018 shall be increased by 6% absolute above the
25adjusted state experience factor as calculated without regard
26to this subsection. The increase in the adjusted state

 

 

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1experience factor for calendar year 2018 pursuant to this
2subsection shall not be counted for purposes of applying
3paragraph 3 or 4 of subsection D to the calculation of the
4adjusted state experience factor for calendar year 2019.
5    D-2. (Blank).
6    D-3. The adjusted state experience factor for the portion
7of calendar year 2022 beginning July 3, 2022 shall be
8increased by 16% absolute above the adjusted state experience
9factor as calculated without regard to this subsection. The
10increase in the adjusted state experience factor for the
11portion of calendar year 2022 beginning July 3, 2022 pursuant
12to this subsection shall not be counted for purposes of
13applying paragraph 3 or 4 of subsection D to the calculation of
14the adjusted state experience factor for calendar year 2023.
15    E. The amount standing to the credit of this State's
16account in the unemployment trust fund as of June 30 shall be
17deemed to include as part thereof (a) any amount receivable on
18that date from any Federal governmental agency, or as a
19payment in lieu of contributions under the provisions of
20Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
21reimbursement of benefits paid to individuals, and (b) amounts
22credited by the Secretary of the Treasury of the United States
23to this State's account in the unemployment trust fund
24pursuant to Section 903 of the Federal Social Security Act, as
25amended, including any such amounts which have been
26appropriated by the General Assembly in accordance with the

 

 

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1provisions of Section 2100 B for expenses of administration,
2except any amounts which have been obligated on or before that
3date pursuant to such appropriation.
4(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20;
5101-633, eff. 6-5-20.)
 
6    (820 ILCS 405/1506.6)
7    Sec. 1506.6. Surcharge; specified period. For each
8employer whose contribution rate for calendar year 2022 is
9determined pursuant to Section 1500 or 1506.1, in addition to
10the contribution rate established pursuant to Section 1506.3,
11for the portion of calendar year 2022 beginning July 3, 2022,
12an additional surcharge of 0.325% shall be added to the
13contribution rate. The surcharge established by this Section
14shall be due at the same time as other contributions with
15respect to the quarter are due, as provided in Section 1400.
16Payments attributable to the surcharge established pursuant to
17this Section shall be contributions and deposited into the
18clearing account.
19(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20;
20101-633, eff. 6-5-20.)
 
21    Section 995. No acceleration or delay. Where this Act
22makes changes in a statute that is represented in this Act by
23text that is not yet or no longer in effect (for example, a
24Section represented by multiple versions), the use of that

 

 

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1text does not accelerate or delay the taking effect of (i) the
2changes made by this Act or (ii) provisions derived from any
3other Public Act.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.".