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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. "An Act concerning education", approved July | 5 | | 30, 2021, Public Act 102-209, is amended by adding Section 99 | 6 | | as follows: | 7 | | (P.A. 102-209, Sec. 99 new) | 8 | | Sec. 99. Effective date. This Act takes effect upon | 9 | | becoming law. | 10 | | Section 10. "An Act concerning education", approved August | 11 | | 27, 2021, Public Act 102-635, is amended by adding Section 99 | 12 | | as follows: | 13 | | (P.A. 102-635, Sec. 99 new) | 14 | | Sec. 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. | 2 | | Section 15. The Regulatory Sunset Act is amended by | 3 | | changing 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 Acts repealed on January 1, 2022. The following | 6 | | Acts are repealed on January 1, 2022: | 7 | | The Boxing and Full-contact Martial Arts Act.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 | 11 | | Disciplinary 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 | 16 | | Act. | 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 | 24 | | Act. |
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| 1 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 2 | | 101-614, 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 Acts and Articles repealed on January 1, 2027. | 5 | | The following are repealed on January 1, 2027: | 6 | | The Clinical Psychologist Licensing Act.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,
| 9 | | XXXI 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 | 13 | | Act. | 14 | | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | 15 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | 16 | | 8-18-17; 100-372, eff. 8-25-17.) | 17 | | Section 20. The Illinois Emergency Management Agency Act | 18 | | is 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 | 23 | | and Functional Needs Advisory Committee. |
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| 1 | | (b) The Access and Functional Needs Advisory Committee is | 2 | | created. | 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 | 25 | | Director of the Illinois Emergency Management Agency or his or | 26 | | her designee, the Attorney General or his or her designee, the |
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| 1 | | Secretary of Human Services or his or her designee, the | 2 | | Director on Aging or his or her designee, and the Director of | 3 | | Public Health or his or her designee, together with the | 4 | | following members appointed by the Governor on or before | 5 | | January 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 | 22 | | initial appointments of 6 members shall be for terms of 2 years | 23 | | and the initial appointments of 5 members shall be for terms of | 24 | | 4 years. Thereafter, members shall be appointed for terms of 4 | 25 | | years. A member shall serve until his or her successor is | 26 | | appointed and qualified. If a vacancy occurs in the Advisory |
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| 1 | | Committee membership, the vacancy shall be filled in the same | 2 | | manner as the original appointment for the remainder of the | 3 | | unexpired term. | 4 | | (f) After all the members are appointed, and annually | 5 | | thereafter, they shall elect a chairperson from among the | 6 | | members appointed under paragraph (2) of subsection (d). | 7 | | (g) The initial meeting of the Advisory Committee shall be | 8 | | convened by the Director of the Illinois Emergency Management | 9 | | Agency no later than February 1, 2022. | 10 | | (h) Advisory Committee members shall serve without | 11 | | compensation. | 12 | | (i) The Illinois Emergency Management Agency shall provide | 13 | | administrative support to the Advisory Committee. | 14 | | (j) The Advisory Committee shall prepare and deliver a | 15 | | report to the General Assembly, the Governor's Office, and the | 16 | | Illinois Emergency Management Agency by July 1, 2022, and | 17 | | annually 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 | 11 | | subsection (j) shall be annually considered by the Illinois | 12 | | Emergency Management Agency when developing new State and | 13 | | local emergency plans or updating existing State and local | 14 | | emergency plans. | 15 | | (l) The Advisory Committee is dissolved and this Section | 16 | | is 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 | 19 | | changing 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 | 24 | | specifically related to the generation of electricity by, the |
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| 1 | | capacity to generate electricity by, or the emissions into the | 2 | | atmosphere by electric generating facilities after the | 3 | | effective date of this Act is an exclusive power and function | 4 | | of the State. A home rule unit may not levy any new taxes or | 5 | | fees specifically related to the generation of electricity by, | 6 | | the capacity to generate electricity by, or the emissions into | 7 | | the atmosphere by electric generating facilities after the | 8 | | effective date of this Act. This Section is a denial and | 9 | | limitation 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 | 14 | | changing 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 | 19 | | shall include and represent the diversity of the people of | 20 | | Illinois, 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 | 19 | | Force must be finalized by December 31 August 31 , 2021. The | 20 | | Illinois Future of Work Task Force shall hold one meeting per | 21 | | month for a total of 7 meetings, and the first meeting must be | 22 | | held within 30 days after appointments are finalized. | 23 | | (c) Members of the Illinois Future of Work Task Force | 24 | | shall serve without compensation.
| 25 | | (d) The Department of Commerce and Economic Opportunity | 26 | | shall 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 | 3 | | by 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 | 7 | | of
the following 13 members:
one member of the House of
| 8 | | Representatives appointed by the Speaker of the House of
| 9 | | Representatives; one member of the House of Representatives | 10 | | appointed by the Minority Leader of the House of | 11 | | Representatives; one member of the Senate appointed by
the | 12 | | President of the Senate; one member of the Senate appointed by | 13 | | the Minority Leader of the Senate; and one member appointed by | 14 | | the
Governor . ; The Task Force shall also include the following | 15 | | members appointed by the Governor: one representative of the | 16 | | Chicago News Guild; one representative of the Chicago Chapter | 17 | | of the National Association of Broadcast Employees and | 18 | | Technicians; one representative of the Medill School of
| 19 | | Journalism, Media, Integrated Marketing Communications at
| 20 | | Northwestern University; one representative of the Public | 21 | | Affairs Reporting Program at the
University of
Illinois at | 22 | | Springfield; one representative of the School
of Journalism at | 23 | | Southern Illinois University Carbondale; one
representative of | 24 | | the Illinois Press Association; one representative of the
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| 1 | | Illinois Broadcasters Association; one representative of the | 2 | | Illinois
Legislative Correspondents Association; one | 3 | | representative of the Illinois Public Broadcasting Council; | 4 | | one representative of the Illinois News Broadcasters | 5 | | Association; one representative of the University of Illinois | 6 | | at Urbana-Champaign; and one representative of the
Illinois | 7 | | Municipal League. Appointments shall be made no later
than 30 | 8 | | days 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 | 11 | | Task Force Act is amended by changing Sections 10-10 and 10-15 | 12 | | as 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 | 16 | | Force. | 17 | | (a) There is hereby established the Kidney Disease | 18 | | Prevention and Education Task Force to work directly with | 19 | | educational institutions to create health education programs | 20 | | to increase awareness of and to examine chronic kidney | 21 | | disease, transplantations, living and deceased kidney | 22 | | donation, and the existing disparity in the rates of those | 23 | | afflicted between Caucasians and minorities. | 24 | | (b) The Task Force shall develop a sustainable plan to |
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| 1 | | raise awareness about early detection, promote health equity, | 2 | | and reduce the burden of kidney disease throughout the State, | 3 | | which shall include an ongoing campaign that includes health | 4 | | education workshops and seminars, relevant research, and | 5 | | preventive screenings and that promotes social media campaigns | 6 | | and 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 | 23 | | compensation. | 24 | | (e) The Department of Public Health shall provide | 25 | | administrative support to the Task Force. | 26 | | (f) The Task Force shall submit its final report to the |
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| 1 | | General Assembly on or before December 31, 2023 December 31, | 2 | | 2021 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 | 7 | | June 1, 2022 .
| 8 | | (Source: P.A. 101-649, eff. 7-7-20.) | 9 | | Section 45. The Illinois Procurement Code is amended by | 10 | | changing 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 | 14 | | design-bid-build procurement delivery method for a building | 15 | | construction project in which the Capital Development Board is | 16 | | the construction agency procuring 2 or more subdivisions of | 17 | | work enumerated in paragraphs (1) through (5) of subsection | 18 | | (a) of Section 30-30 of this Code under a single contract. This | 19 | | Section 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 | 2 | | through December 31, 2023 2021 . | 3 | | For
building construction contracts in excess of
$250,000, | 4 | | separate specifications may be prepared for all
equipment, | 5 | | labor, and materials in
connection with the following 5 | 6 | | subdivisions 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 | 17 | | and
independent bidding upon
each of the 5 subdivisions of | 18 | | work. All contracts awarded
for any part thereof may
award the | 19 | | 5 subdivisions of work separately to responsible and
reliable | 20 | | persons, firms, or
corporations engaged in these classes of | 21 | | work. The contracts, at
the discretion of the
construction | 22 | | agency, may be assigned to the successful bidder on
the | 23 | | general contract work or
to the successful bidder on the | 24 | | subdivision of work designated by
the construction agency | 25 | | before
the bidding as the prime subdivision of work, provided | 26 | | that all
payments will be made directly
to the contractors for |
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| 1 | | the 5 subdivisions of work upon compliance
with the conditions | 2 | | of the
contract.
| 3 | | Beginning on the effective date of this amendatory Act of | 4 | | the 101st General Assembly and through December 31, 2023 2020 , | 5 | | for single prime projects: (i) the bid of the successful low | 6 | | bidder shall identify the name of the subcontractor, if any, | 7 | | and the bid proposal costs for each of the 5 subdivisions of | 8 | | work set forth in this Section; (ii) the contract entered into | 9 | | with the successful bidder shall provide that no identified | 10 | | subcontractor may be terminated without the written consent of | 11 | | the Capital Development Board; (iii) the contract shall comply | 12 | | with the disadvantaged business practices of the Business | 13 | | Enterprise for Minorities, Women, and Persons with | 14 | | Disabilities Act and the equal employment practices of Section | 15 | | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | 16 | | Development Board shall submit an annual report to the General | 17 | | Assembly and Governor on the bidding, award, and performance | 18 | | of all single prime projects. | 19 | | For building construction projects with a total | 20 | | construction cost valued at $5,000,000 or less, the Capital | 21 | | Development Board shall not use the single prime procurement | 22 | | delivery method for more than 50% of the total number of | 23 | | projects bid for each fiscal year. Any project with a total | 24 | | construction cost valued greater than $5,000,000 may be bid | 25 | | using single prime at the discretion of the Executive Director | 26 | | of the Capital Development Board. |
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| 1 | | (b) The provisions of this subsection are operative on and | 2 | | after January 1, 2024 2022 .
For building construction | 3 | | contracts in excess of $250,000, separate specifications shall | 4 | | be prepared for all equipment, labor, and materials in | 5 | | connection with the following 5 subdivisions of the work to be | 6 | | 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 must be so drawn as to permit separate | 17 | | and independent bidding upon each of the 5 subdivisions of | 18 | | work. All contracts awarded for any part thereof shall award | 19 | | the 5 subdivisions of work separately to responsible and | 20 | | reliable persons, firms, or corporations engaged in these | 21 | | classes of work. The contracts, at the discretion of the | 22 | | construction agency, may be assigned to the successful bidder | 23 | | on the general contract work or to the successful bidder on the | 24 | | subdivision of work designated by the construction agency | 25 | | before the bidding as the prime subdivision of work, provided | 26 | | that all payments will be made directly to the contractors for |
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| 1 | | the 5 subdivisions of work upon compliance with the conditions | 2 | | of the contract. | 3 | | (Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19; | 4 | | 101-645, 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 | 8 | | and encourage the continued economic development of small | 9 | | businesses owned and controlled by qualified veterans and that | 10 | | qualified 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 | 13 | | process as both prime contractors and subcontractors. Not less | 14 | | than 3% of the total dollar amount of State contracts, as | 15 | | defined by the Commission on Equity and Inclusion Director of | 16 | | Central Management Services , shall be established as a goal to | 17 | | be awarded to SDVOSB and VOSB. That
portion of a contract under | 18 | | which the contractor subcontracts
with a SDVOSB or VOSB may be | 19 | | counted toward the
goal of this subsection. The Commission on | 20 | | Equity and Inclusion Department of Central Management Services | 21 | | shall adopt rules to implement compliance with this subsection | 22 | | by all State agencies. | 23 | | (b) Fiscal year reports. By each November 1, each chief | 24 | | procurement officer shall report to the Commission on Equity | 25 | | and Inclusion Department of Central Management Services on all |
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| 1 | | of the following for the immediately preceding fiscal year, | 2 | | and by each March 1 the Commission on Equity and Inclusion | 3 | | Department of Central Management Services shall compile and | 4 | | report 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 | 11 | | Central Management Services shall submit an annual report to | 12 | | the Governor and the General Assembly that shall include the | 13 | | following: | 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 | 6 | | Central Management Services shall conduct a minimum of 2 | 7 | | outreach events per year to ensure that veteran-owned small | 8 | | businesses and service-disabled veteran-owned small businesses | 9 | | know about the procurement opportunities and certification | 10 | | requirements with the State. The Commission on Equity and | 11 | | Inclusion Department of Central Management Services may | 12 | | receive appropriations for outreach. | 13 | | (c) Yearly review and recommendations. Each year, each | 14 | | chief procurement officer shall review the progress of all | 15 | | State agencies under its jurisdiction in meeting the goal | 16 | | described in subsection (a), with input from statewide | 17 | | veterans' service organizations and from the business | 18 | | community, including businesses owned by qualified veterans, | 19 | | and shall make recommendations to be included in the | 20 | | Commission on Equity and Inclusion's Department of Central | 21 | | Management Services' report to the General Assembly regarding | 22 | | continuation, increases, or decreases of the percentage goal. | 23 | | The recommendations shall be based upon the number of | 24 | | businesses that are owned by qualified veterans and on the | 25 | | continued need to encourage and promote businesses owned by | 26 | | qualified veterans. |
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| 1 | | (d) Governor's recommendations. To assist the State in | 2 | | reaching the goal described in subsection (a), the Governor | 3 | | shall recommend to the General Assembly changes in programs to | 4 | | assist businesses owned by qualified veterans. | 5 | | (e) Definitions. As used in this Section: | 6 | | "Armed forces of the United States" means the United | 7 | | States Army, Navy, Air Force, Marine Corps, Coast Guard, or | 8 | | service in active duty as defined under 38 U.S.C. Section 101. | 9 | | Service in the Merchant Marine that constitutes active duty | 10 | | under Section 401 of federal Public Act 95-202 shall also be | 11 | | considered service in the armed forces for purposes of this | 12 | | Section. | 13 | | "Certification" means a determination made by the Illinois | 14 | | Department of Veterans' Affairs and the Commission on Equity | 15 | | and Inclusion Department of Central Management Services that a | 16 | | business entity is a qualified service-disabled veteran-owned | 17 | | small business or a qualified veteran-owned small business for | 18 | | whatever purpose. A SDVOSB or VOSB owned and controlled by | 19 | | women, minorities, or persons with disabilities, as those | 20 | | terms are defined in Section 2 of the Business Enterprise for | 21 | | Minorities, Women, and Persons with Disabilities Act, may also | 22 | | select and designate whether that business is to be certified | 23 | | as a "women-owned business", "minority-owned business", or | 24 | | "business owned by a person with a disability", as defined in | 25 | | Section 2 of the Business Enterprise for Minorities, Women, | 26 | | and Persons with Disabilities Act. |
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| 1 | | "Control" means the exclusive, ultimate, majority, or sole | 2 | | control of the business, including but not limited to capital | 3 | | investment and all other financial matters, property, | 4 | | acquisitions, contract negotiations, legal matters, | 5 | | officer-director-employee selection and comprehensive hiring, | 6 | | operation responsibilities, cost-control matters, income and | 7 | | dividend matters, financial transactions, and rights of other | 8 | | shareholders or joint partners. Control shall be real, | 9 | | substantial, and continuing, not pro forma. Control shall | 10 | | include the power to direct or cause the direction of the | 11 | | management and policies of the business and to make the | 12 | | day-to-day as well as major decisions in matters of policy, | 13 | | management, and operations. Control shall be exemplified by | 14 | | possessing the requisite knowledge and expertise to run the | 15 | | particular business, and control shall not include simple | 16 | | majority or absentee ownership. | 17 | | "Qualified service-disabled veteran" means a
veteran who | 18 | | has been found to have 10% or more service-connected | 19 | | disability by the United States Department of Veterans Affairs | 20 | | or the United States Department of Defense. | 21 | | "Qualified service-disabled veteran-owned small business" | 22 | | or "SDVOSB" means a small business (i) that is at least 51% | 23 | | owned by one or more qualified service-disabled veterans | 24 | | living in Illinois or, in the case of a corporation, at least | 25 | | 51% of the stock of which is owned by one or more qualified | 26 | | service-disabled veterans living in Illinois; (ii) that has |
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| 1 | | its home office in Illinois; and (iii) for which items (i) and | 2 | | (ii) are factually verified annually by the Commission on | 3 | | Equity and Inclusion Department of Central Management | 4 | | Services . | 5 | | "Qualified veteran-owned small business" or "VOSB" means a | 6 | | small business (i) that is at least 51% owned by one or more | 7 | | qualified veterans living in Illinois or, in the case of a | 8 | | corporation, at least 51% of the stock of which is owned by one | 9 | | or more qualified veterans living in Illinois; (ii) that has | 10 | | its home office in Illinois; and (iii) for which items (i) and | 11 | | (ii) are factually verified annually by the Commission on | 12 | | Equity and Inclusion Department of Central Management | 13 | | Services . | 14 | | "Service-connected disability" means a disability incurred | 15 | | in the line of duty in the active military, naval, or air | 16 | | service as described in 38 U.S.C. 101(16). | 17 | | "Small business" means a business that has annual gross | 18 | | sales of less than $75,000,000 as evidenced by the federal | 19 | | income tax return of the business. A firm with gross sales in | 20 | | excess of this cap may apply to the Commission on Equity and | 21 | | Inclusion Department of Central Management Services for | 22 | | certification for a particular contract if the firm can | 23 | | demonstrate that the contract would have significant impact on | 24 | | SDVOSB or VOSB as suppliers or subcontractors or in employment | 25 | | of veterans or service-disabled veterans. | 26 | | "State agency" has the meaning provided in Section |
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| 1 | | 1-15.100 of this Code. | 2 | | "Time of hostilities with a foreign country" means any | 3 | | period of time in the past, present, or future during which a | 4 | | declaration of war by the United States Congress has been or is | 5 | | in effect or during which an emergency condition has been or is | 6 | | in effect that is recognized by the issuance of a Presidential | 7 | | proclamation or a Presidential executive order and in which | 8 | | the armed forces expeditionary medal or other campaign service | 9 | | medals are awarded according to Presidential executive order. | 10 | | "Veteran" means a person who (i) has been a member of the | 11 | | armed forces of the United States or, while a citizen of the | 12 | | United States, was a member of the armed forces of allies of | 13 | | the United States in time of hostilities with a foreign | 14 | | country and (ii) has served under one or more of the following | 15 | | conditions: (a) the veteran served a total of at least 6 | 16 | | months; (b) the veteran served for the duration of hostilities | 17 | | regardless of the length of the engagement; (c) the veteran | 18 | | was discharged on the basis of hardship; or (d) the veteran was | 19 | | released from active duty because of a service connected | 20 | | disability and was discharged under honorable conditions. | 21 | | (f) Certification program. The Illinois Department of | 22 | | Veterans' Affairs and the Commission on Equity and Inclusion | 23 | | Department of Central Management Services shall work together | 24 | | to devise a certification procedure to assure that businesses | 25 | | taking advantage of this Section are legitimately classified | 26 | | as qualified service-disabled veteran-owned small businesses |
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| 1 | | or qualified veteran-owned small businesses.
| 2 | | The Commission on Equity and Inclusion Department of | 3 | | Central 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 | 21 | | Central Management Services , in consultation with the | 22 | | Department of Veterans' Affairs, may develop programs and | 23 | | agreements to encourage cities, counties, towns, townships, | 24 | | and other certifying entities to adopt uniform certification | 25 | | procedures and certification recognition programs. | 26 | | (f-5) A business shall be certified by the Commission on |
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| 1 | | Equity and Inclusion Department of Central Management Services | 2 | | as a service-disabled veteran-owned small business or a | 3 | | veteran-owned small business for purposes of this Section if | 4 | | the Commission on Equity and Inclusion Department of Central | 5 | | Management Services determines that the business has been | 6 | | certified as a service-disabled veteran-owned small business | 7 | | or a veteran-owned small business by the Vets First | 8 | | Verification Program of the United States Department of | 9 | | Veterans Affairs, and the business has provided to the | 10 | | Commission on Equity and Inclusion Department of Central | 11 | | Management 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 | 22 | | Department of Central Management Services regarding | 23 | | recognition of the Vets First Verification Program of the | 24 | | United States Department of Veterans Affairs shall be reviewed | 25 | | annually by the Commission on Equity and Inclusion Department | 26 | | of Central Management Services , and recognition of |
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| 1 | | service-disabled veteran-owned small businesses and | 2 | | veteran-owned small businesses certified by the Vets First | 3 | | Verification Program of the United States Department of | 4 | | Veterans Affairs may be discontinued by the Commission on | 5 | | Equity and Inclusion Department of Central Management Services | 6 | | by rule upon a finding that the certification standards of the | 7 | | Vets First Verification Program of the United States | 8 | | Department of Veterans Affairs do not meet the certification | 9 | | requirements established by the Commission on Equity and | 10 | | Inclusion 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 | 9 | | of the 102nd General Assembly, all powers, duties, rights, and | 10 | | responsibilities of the Department of Central Management | 11 | | Services with respect to the requirements of this Section are | 12 | | transferred to the Commission on Equity and Inclusion. | 13 | | All books, records, papers, documents, property (real and | 14 | | personal), contracts, causes of action, and pending business | 15 | | pertaining to the powers, duties, rights, and responsibilities | 16 | | transferred by this amendatory Act from the Department of | 17 | | Central Management Services to the Commission on Equity and | 18 | | Inclusion, including, but not limited to, material in | 19 | | electronic or magnetic format and necessary computer hardware | 20 | | and software, shall be transferred to the Commission on Equity | 21 | | and Inclusion. | 22 | | The powers, duties, rights, and responsibilities | 23 | | transferred from the Department of Central Management Services | 24 | | by this amendatory Act shall be vested in and shall be | 25 | | exercised by the Commission on Equity and Inclusion. | 26 | | Whenever reports or notices are now required to be made or |
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| 1 | | given or papers or documents furnished or served by any person | 2 | | to or upon the Department of Central Management Services in | 3 | | connection with any of the powers, duties, rights, and | 4 | | responsibilities transferred by this amendatory Act, the same | 5 | | shall be made, given, furnished, or served in the same manner | 6 | | to or upon the Commission on Equity and Inclusion. | 7 | | This amendatory Act of the 102nd General Assembly does not | 8 | | affect any act done, ratified, or canceled or any right | 9 | | occurring or established or any action or proceeding had or | 10 | | commenced in an administrative, civil, or criminal cause by | 11 | | the Department of Central Management Services before this | 12 | | amendatory Act takes effect; such actions or proceedings may | 13 | | be prosecuted and continued by the Commission on Equity and | 14 | | Inclusion. | 15 | | Any rules of the Department of Central Management Services | 16 | | that relate to its powers, duties, rights, and | 17 | | responsibilities under this Section and are in full force on | 18 | | the effective date of this amendatory Act of the 102nd General | 19 | | Assembly shall become the rules of the Commission on Equity | 20 | | and Inclusion. This amendatory Act does not affect the | 21 | | legality of any such rules in the Illinois Administrative | 22 | | Code.
Any proposed rules filed with the Secretary of State by | 23 | | the Department of Central Management Services that are pending | 24 | | in the rulemaking process on the effective date of this | 25 | | amendatory Act and pertain to the powers, duties, rights, and | 26 | | responsibilities transferred, shall be deemed to have been |
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| 1 | | filed by the Commission on Equity and Inclusion. As soon as | 2 | | practicable hereafter, the Commission on Equity and Inclusion | 3 | | shall revise and clarify the rules transferred to it under | 4 | | this amendatory Act to reflect the reorganization of powers, | 5 | | duties, rights, and responsibilities affected by this | 6 | | amendatory Act, using the procedures for recodification of | 7 | | rules available under the Illinois Administrative Procedure | 8 | | Act, except that existing title, part, and section numbering | 9 | | for the affected rules may be retained. The Commission on | 10 | | Equity and Inclusion may propose and adopt under the Illinois | 11 | | Administrative Procedure Act such other rules of the | 12 | | Department of Central Management Services that will now be | 13 | | administered 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 | 16 | | amended 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 | 19 | | delayed effective date )
| 20 | | Sec. 40-10. Powers and duties. In addition to the other | 21 | | powers and duties which may be prescribed in this Act or | 22 | | elsewhere, the Commission shall have the following powers and | 23 | | duties:
| 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.
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| 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 | 20 | | Sections 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 | 24 | | program. |
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| 1 | | (a) Legislative findings. The General Assembly finds that | 2 | | expired mechanics liens on residential property, which cloud | 3 | | title to property, are a rapidly growing problem throughout | 4 | | the State. In order to address the increase in expired | 5 | | mechanics liens and, more specifically, those that have not | 6 | | been released by the lienholder, a recorder may establish a | 7 | | process to demand and refer mechanics liens that have been | 8 | | recorded but not litigated or released in accordance with the | 9 | | Mechanics Lien Act to an administrative law judge for | 10 | | resolution or demand that the lienholder commence suit or | 11 | | forfeit the lien. | 12 | | (b) Definitions. As used in this Section: | 13 | | "Demand to Commence Suit" means the written demand | 14 | | specified in Section 34 of the Mechanics Lien Act. | 15 | | "Mechanics lien" and "lien" are used interchangeably in | 16 | | this Section. | 17 | | "Notice of Expired Mechanics Lien" means the notice a | 18 | | recorder gives to a property owner under subsection (d) | 19 | | informing the property owner of an expired lien. | 20 | | "Notice of Referral" means the document referring a | 21 | | mechanics lien to a county's code hearing unit. | 22 | | "Recording" and "filing" are used interchangeably in this | 23 | | Section. | 24 | | "Referral" or "refer" means a recorder's referral of a | 25 | | mechanics lien to a county's code hearing unit to obtain a | 26 | | determination as to whether a recorded mechanics lien is |
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| 1 | | valid. | 2 | | "Residential property" means real property improved with | 3 | | not less than one nor more than 4 residential dwelling units; a | 4 | | residential condominium unit, including, but not limited to, | 5 | | the common elements allocated to the exclusive use of the | 6 | | condominium unit that form an integral part of the condominium | 7 | | unit and any parking unit or units specified by the | 8 | | declaration to be allocated to a specific residential | 9 | | condominium unit; or a single tract of agriculture real estate | 10 | | consisting of 40 acres or less that is improved with a | 11 | | single-family residence. If a declaration of condominium | 12 | | ownership provides for individually owned and transferable | 13 | | parking units, "residential property" does not include the | 14 | | parking unit of a specified residential condominium unit | 15 | | unless the parking unit is included in the legal description | 16 | | of the property against which the mechanics lien is recorded. | 17 | | (c) Establishment of a mechanics lien demand and referral | 18 | | process. After a public hearing, a recorder in a county with a | 19 | | code hearing unit may adopt rules establishing a mechanics | 20 | | lien demand and referral process for residential property. A | 21 | | recorder shall provide public notice 90 days before the public | 22 | | hearing. The notice shall include a statement of the | 23 | | recorder's intent to create a mechanics lien demand and | 24 | | referral process and shall be published in a newspaper of | 25 | | general circulation in the county and, if feasible, be posted | 26 | | on the recorder's website and at the recorder's office or |
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| 1 | | offices. | 2 | | (d) Notice of Expired Lien. If a recorder determines, | 3 | | after review by legal staff or counsel, that a mechanics lien | 4 | | recorded in the grantor's index or the grantee's index is an | 5 | | expired lien, the recorder shall serve a Notice of Expired | 6 | | Lien by certified mail to the last known address of the owner. | 7 | | The owner or legal representative of the owner of the | 8 | | residential property shall confirm in writing his or her | 9 | | belief that the lien is not involved in pending litigation | 10 | | and, if there is no pending litigation, as verified and | 11 | | confirmed by county court records, the owner may request that | 12 | | the recorder proceed with a referral or serve a Demand to | 13 | | Commence Suit. | 14 | | For the purposes of this Section, a recorder shall | 15 | | determine if a lien is an expired lien. A lien is expired if a | 16 | | suit to enforce the lien has not been commenced or a | 17 | | counterclaim has not been filed by the lienholder within 2 | 18 | | years after the completion date of the contract as specified | 19 | | in the recorded mechanics lien. The 2-year period shall be | 20 | | increased to the extent that an automatic stay under Section | 21 | | 362(a) of the United States Bankruptcy Code stays a suit or | 22 | | counterclaim to foreclose the lien. If a work completion date | 23 | | is not specified in the recorded lien, then the work | 24 | | completion date is the date of recording of the mechanics | 25 | | lien. | 26 | | (e) Demand to Commence Suit. Upon receipt of an owner's |
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| 1 | | confirmation that the lien is not involved in pending | 2 | | litigation and a request for the recorder to serve a Demand to | 3 | | Commence Suit, the recorder shall serve a Demand to Commence | 4 | | Suit on the lienholder of the expired lien as provided in | 5 | | Section 34 of the Mechanics Lien Act. A recorder may request | 6 | | that the Secretary of State assist in providing registered | 7 | | agent information or obtain information from the Secretary of | 8 | | State's registered business database when the recorder seeks | 9 | | to serve a Demand to Commence suit on the lienholder. Upon | 10 | | request, the Secretary of State, or his or her designee, shall | 11 | | provide the last known address or registered agent information | 12 | | for a lienholder who is incorporated or doing business in the | 13 | | State. The recorder must record a copy of the Demand to | 14 | | Commence suit in the grantor's index or the grantee's index | 15 | | identifying the mechanics lien and include the corresponding | 16 | | document number and the date of demand. The recorder may, at | 17 | | his or her discretion, notify the Secretary of State regarding | 18 | | a Demand to Commence suit determined to involve a company, | 19 | | corporation, or business registered with that office. | 20 | | When the lienholder commences a suit or files an answer | 21 | | within 30 days or the lienholder records a release of lien with | 22 | | the county recorder as required by subsection (a) of Section | 23 | | 34 of the Mechanics Lien Act, then the demand and referral | 24 | | process is completed for the recorder for that property. If | 25 | | service under this Section is responded to consistent with | 26 | | Section 34 of the Mechanics Lien Act, the recorder may not |
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| 1 | | proceed under subsection (f). If no response is received | 2 | | consistent with Section 34 of the Mechanics Lien Act, the | 3 | | recorder may proceed under subsection (f). | 4 | | (f) Referral. Upon receipt of an owner's confirmation that | 5 | | the lien is not involved in pending litigation and a request | 6 | | for the recorder to proceed with a referral, the recorder | 7 | | shall: (i) file the Notice of Referral with the county's code | 8 | | hearing unit; (ii) identify and notify the lienholder by | 9 | | telephone, if available, of the referral and send a copy of the | 10 | | Notice of Referral by certified mail to the lienholder using | 11 | | information included in the recorded mechanics lien or the | 12 | | last known address or registered agent received from the | 13 | | Secretary of State or obtained from the Secretary of State's | 14 | | registered business database; (iii) send a copy of the Notice | 15 | | of Referral by mail to the physical address of the property | 16 | | owner associated with the lien; and (iv) record a copy of the | 17 | | Notice of Referral in the grantor's index or the grantee's | 18 | | index identifying the mechanics lien and include the | 19 | | corresponding document number. The Notice of Referral shall | 20 | | clearly identify the person, persons, or entity believed to be | 21 | | the owner, assignee, successor, or beneficiary of the lien. | 22 | | The recorder may, at his or her discretion, notify the | 23 | | Secretary of State regarding a referral determined to involve | 24 | | a company, corporation, or business registered with that | 25 | | office. | 26 | | No earlier than 30 business days after the date the |
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| 1 | | lienholder is required to respond to a Demand to Commence Suit | 2 | | under Section 34 of the Mechanics Lien Act, the code hearing | 3 | | unit shall schedule a hearing to occur at least 30 days after | 4 | | sending notice of the date of hearing. Notice of the hearing | 5 | | shall be provided by the county recorder, by and through his or | 6 | | her representative, to the filer, or the party represented by | 7 | | the filer, of the expired lien, the legal representative of | 8 | | the recorder of deeds who referred the case, and the last owner | 9 | | of record, as identified in the Notice of Referral. | 10 | | If the recorder shows by clear and convincing evidence | 11 | | that the lien in question is an expired lien, the | 12 | | administrative law judge shall rule the lien is forfeited | 13 | | under Section 34.5 of the Mechanics Lien Act and that the lien | 14 | | no longer affects the chain of title of the property in any | 15 | | way. The judgment shall be forwarded to all parties identified | 16 | | in this subsection. Upon receiving judgment of a forfeited | 17 | | lien, the recorder shall, within 5 business days, record a | 18 | | copy of the judgment in the grantor's index or the grantee's | 19 | | index. | 20 | | If the administrative law judge finds the lien is not | 21 | | expired, the recorder shall, no later than 5 business days | 22 | | after receiving notice of the decision of the administrative | 23 | | law judge, record a copy of the judgment in the grantor's index | 24 | | or the grantee's index. | 25 | | A decision by an administrative law judge is reviewable | 26 | | under the Administrative Review Law, and nothing in this |
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| 1 | | Section precludes a property owner or lienholder from | 2 | | proceeding with a civil action to resolve questions concerning | 3 | | a mechanics lien. | 4 | | A lienholder or property owner may remove the action from | 5 | | the code hearing unit to the circuit court as provided in | 6 | | subsection (i). | 7 | | (g) Final administrative decision. The recorder's decision | 8 | | to refer a mechanics lien or serve a Demand to Commence Suit is | 9 | | a final administrative decision that is subject to review | 10 | | under the Administrative Review Law by the circuit court of | 11 | | the county where the real property is located. The standard of | 12 | | review by the circuit court shall be consistent with the | 13 | | Administrative Review Law. | 14 | | (h) Liability. A recorder and his or her employees or | 15 | | agents are not subject to personal liability by reason of any | 16 | | error or omission in the performance of any duty under this | 17 | | Section, except in the case of willful or wanton conduct. The | 18 | | recorder and his or her employees or agents are not liable for | 19 | | the decision to refer a lien or serve a Demand to Commence | 20 | | Suit, or failure to refer or serve a Demand to Commence Suit, | 21 | | of a lien under this Section. | 22 | | (i) Private actions; use of demand and referral process. | 23 | | Nothing in this Section precludes a private right of action by | 24 | | any party with an interest in the property affected by the | 25 | | mechanics lien or a decision by the code hearing unit. Nothing | 26 | | in this Section requires a person or entity who may have a |
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| 1 | | mechanics lien recorded against his or her property to use the | 2 | | mechanics lien demand and referral process created by this | 3 | | Section. | 4 | | A lienholder or property owner may remove a matter in the | 5 | | referral process to the circuit court at any time prior to the | 6 | | final decision of the administrative law judge by delivering a | 7 | | certified notice of the suit filed in the circuit court to the | 8 | | administrative law judge. Upon receipt of the certified | 9 | | notice, the administrative law judge shall dismiss the matter | 10 | | without prejudice. If the matter is dismissed due to removal, | 11 | | then the demand and referral process is completed for the | 12 | | recorder for that property. If the circuit court dismisses the | 13 | | removed matter without deciding on whether the lien is expired | 14 | | and without prejudice, the recorder may reinstitute the demand | 15 | | and referral process under subsection (d). | 16 | | (j) Repeal. This Section is repealed on January 1, 2024 | 17 | | 2022 .
| 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 | 22 | | Pilot Program. | 23 | | (a) The Lake County Children's Advocacy Center Pilot | 24 | | Program is established. Under the Pilot Program, any grand | 25 | | juror or petit juror in Lake County may elect to have his or |
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| 1 | | her juror fees earned under Section 4-11001 of this Code to be | 2 | | donated to the Lake County Children's Advocacy Center, a | 3 | | division of the Lake County State's Attorney's office. | 4 | | (b) On or before January 1, 2017, the Lake County board | 5 | | shall adopt, by ordinance or resolution, rules and policies | 6 | | governing and effectuating the ability of jurors to donate | 7 | | their juror fees to the Lake County Children's Advocacy Center | 8 | | beginning January 1, 2017 and ending December 31, 2018. At a | 9 | | minimum, 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 | 23 | | resolution reestablishing the rules and policies previously | 24 | | adopted under this subsection allowing a juror to donate his | 25 | | or her juror fees to the Lake County Children's Advocacy | 26 | | Center through December 31, 2021. |
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| 1 | | (c) The following information shall be reported to the | 2 | | General Assembly and the Governor by the Lake County board | 3 | | after each calendar year of the Pilot Program on or before | 4 | | March 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 | 23 | | adjudication. | 24 | | (a) Notwithstanding any other provision in this Division, | 25 | | a county's code hearing unit must adjudicate an expired |
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| 1 | | mechanics lien referred to the unit under Section 3-5010.8. | 2 | | (b) If a county does not have an administrative law judge | 3 | | in its code hearing unit who is familiar with the areas of law | 4 | | relating to mechanics liens, one may be appointed no later | 5 | | than 3 months after the effective date of this amendatory Act | 6 | | of the 100th General Assembly to adjudicate all referrals | 7 | | concerning mechanics liens under Section 3-5010.8. | 8 | | (c) If an administrative law judge familiar with the areas | 9 | | of law relating to mechanics liens has not been appointed as | 10 | | provided subsection (b) when a mechanics lien is referred | 11 | | under Section 3-5010.8 to the code hearing unit, the case | 12 | | shall be removed to the proper circuit court with | 13 | | jurisdiction. | 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 | 19 | | adjudication. | 20 | | (a) Notwithstanding any other provision in this Division, | 21 | | a county's code hearing unit must adjudicate an expired | 22 | | mechanics lien referred to the unit under Section 3-5010.8. | 23 | | (b) If a county does not have an administrative law judge | 24 | | in its code hearing unit who is familiar with the areas of law | 25 | | relating to mechanics liens, one may be appointed no later |
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| 1 | | than 3 months after the effective date of this amendatory Act | 2 | | of the 100th General Assembly to adjudicate all referrals | 3 | | concerning mechanics liens under Section 3-5010.8. | 4 | | (c) If an administrative law judge familiar with the areas | 5 | | of law relating to mechanics liens has not been appointed as | 6 | | provided subsection (b) when a mechanics lien is referred | 7 | | under Section 3-5010.8 to the code hearing unit, the case | 8 | | shall be removed to the proper circuit court with | 9 | | jurisdiction. | 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 | 13 | | Sections 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 | 19 | | to provide assistance to the State Board of Education in | 20 | | revising its social science learning standards under | 21 | | subsection (a-5) of Section 2-3.25 , including social science | 22 | | learning standards for students enrolled in pre-kindergarten . | 23 | | (b) The State Board of Education shall convene the | 24 | | Inclusive American History Commission to do all of the |
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| 1 | | following: | 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 | 17 | | members: | 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 | 4 | | racial, ethnic, and geographic diversity of this State. | 5 | | (d) Members of the Commission shall serve without | 6 | | compensation but may be reimbursed for reasonable expenses | 7 | | from funds appropriated to the State Board of Education for | 8 | | that purpose, including travel, subject to the rules of the | 9 | | appropriate travel control board. | 10 | | (e) The State Board of Education shall provide | 11 | | administrative and other support to the Commission. | 12 | | (f) The Commission must submit a report about its work to | 13 | | the State Board of Education, the Governor, and the General | 14 | | Assembly on or before February 28, 2022 December 31, 2021 . The | 15 | | Commission 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 | 22 | | to provide assistance to the State Board of Education in | 23 | | revising its social science learning standards under | 24 | | subsection (a-5) of Section 2-3.25 , including social science | 25 | | learning standards for students enrolled in pre-kindergarten . |
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| 1 | | (b) The State Board of Education shall convene the | 2 | | Inclusive American History Commission to do all of the | 3 | | following: | 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 | 19 | | members: | 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 | 6 | | racial, ethnic, and geographic diversity of this State. | 7 | | (d) Members of the Commission shall serve without | 8 | | compensation but may be reimbursed for reasonable expenses | 9 | | from funds appropriated to the State Board of Education for | 10 | | that purpose, including travel, subject to the rules of the | 11 | | appropriate travel control board. | 12 | | (e) The State Board of Education shall provide | 13 | | administrative and other support to the Commission. | 14 | | (f) The Commission must submit a report about its work to | 15 | | the State Board of Education, the Governor, and the General | 16 | | Assembly on or before February 28, 2022 December 31, 2021 . The | 17 | | Commission 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 | 23 | | of less than
500,000 inhabitants may, by proper resolution | 24 | | following a public hearing
set by the school board or the | 25 | | president of the school board
(that is preceded (i) by at least |
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| 1 | | one published notice over the name of
the clerk
or secretary of | 2 | | the board, occurring at least 7 days and not more than 30
days
| 3 | | prior to the hearing, in a newspaper of general circulation | 4 | | within the
school
district and (ii) by posted notice over the | 5 | | name of the clerk or secretary of
the board, at least 48 hours | 6 | | before the hearing, at the principal office of the
school | 7 | | board or at the building where the hearing is to be held if a | 8 | | principal
office does not exist, with both notices setting | 9 | | forth the time, date, place,
and subject matter of the
| 10 | | hearing), transfer money from (1) the Educational Fund to the | 11 | | Operations
and
Maintenance Fund or the Transportation Fund, | 12 | | (2) the Operations and
Maintenance Fund to the Educational | 13 | | Fund or the Transportation Fund, (3) the
Transportation Fund | 14 | | to the Educational Fund or the Operations and Maintenance
| 15 | | Fund, or (4) the Tort Immunity Fund to the Operations and | 16 | | Maintenance Fund of said
district,
provided that, except | 17 | | during the period from July 1, 2003 through June 30, 2024 2021 , | 18 | | such transfer is made solely for the purpose of meeting | 19 | | one-time,
non-recurring expenses. Except during the period | 20 | | from July 1, 2003 through
June 30, 2024 2021 and except as | 21 | | otherwise provided in subsection (b) of this Section, any | 22 | | other permanent interfund transfers authorized
by any | 23 | | provision or judicial interpretation of this Code for which | 24 | | the
transferee fund is not precisely and specifically set | 25 | | forth in the provision of
this Code authorizing such transfer | 26 | | shall be made to the fund of the school
district most in need |
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| 1 | | of the funds being transferred, as determined by
resolution of | 2 | | the school board. | 3 | | (b) (Blank).
| 4 | | (c) Notwithstanding subsection (a) of this Section or any | 5 | | other provision of this Code to the contrary, the school board | 6 | | of any school district (i) that is subject to the Property Tax | 7 | | Extension Limitation Law, (ii) that is an elementary district | 8 | | servicing students in grades K through 8, (iii) whose | 9 | | territory is in one county, (iv) that is eligible for Section | 10 | | 7002 Federal Impact Aid, and (v) that has no more than $81,000 | 11 | | in funds remaining from refinancing bonds that were refinanced | 12 | | a minimum of 5 years prior to January 20, 2017 (the effective | 13 | | date of Public Act 99-926) may make a one-time transfer of the | 14 | | funds remaining from the refinancing bonds to the Operations | 15 | | and Maintenance Fund of the district by proper resolution | 16 | | following a public hearing set by the school board or the | 17 | | president of the school board, with notice as provided in | 18 | | subsection (a) of this Section, so long as the district meets | 19 | | the qualifications set forth in this subsection (c) on January | 20 | | 20, 2017 (the effective date of Public Act 99-926). | 21 | | (d) Notwithstanding subsection (a) of this Section or any | 22 | | other provision of this Code to the contrary, the school board | 23 | | of any school district (i) that is subject to the Property Tax | 24 | | Extension Limitation Law, (ii) that is a community unit school | 25 | | district servicing students in grades K through 12, (iii) | 26 | | whose territory is in one county, (iv) that owns property |
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| 1 | | designated by the United States as a Superfund site pursuant | 2 | | to the federal Comprehensive Environmental Response, | 3 | | Compensation and Liability Act of 1980 (42 U.S.C. 9601 et | 4 | | seq.), and (v) that has an excess accumulation of funds in its | 5 | | bond fund, including funds accumulated prior to July 1, 2000, | 6 | | may make a one-time transfer of those excess funds accumulated | 7 | | prior to July 1, 2000 to the Operations and Maintenance Fund of | 8 | | the district by proper resolution following a public hearing | 9 | | set by the school board or the president of the school board, | 10 | | with notice as provided in subsection (a) of this Section, so | 11 | | long as the district meets the qualifications set forth in | 12 | | this subsection (d) on August 4, 2017 (the effective date of | 13 | | Public Act 100-32). | 14 | | (Source: P.A. 100-32, eff. 8-4-17; 100-465, eff. 8-31-17; | 15 | | 100-863, 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 | 20 | | findings: | 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 | 22 | | of establishing an equitable, inclusive, safe, and supportive | 23 | | environment in all schools for every student in this State. | 24 | | The task force shall have all of the following goals, which | 25 | | means key steps have to be taken to ensure that every child in | 26 | | every school in this State has access to teachers, social |
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| 1 | | workers, school leaders, support personnel, and others who | 2 | | have been trained in evidenced-based interventions and | 3 | | restorative 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 | 16 | | appointed by the State Superintendent of Education. Members of | 17 | | this task force must represent the diversity of this State and | 18 | | possess the expertise needed to perform the work required to | 19 | | meet the goals of the task force set forth under subsection | 20 | | (a). Members of the task force shall include all of the | 21 | | following: | 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 | 24 | | the State Superintendent of Education or his or her designee, | 25 | | who shall serve as as the chairperson. The State Board of | 26 | | Education shall provide administrative and other support to |
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| 1 | | the task force. Members of the task force shall serve without | 2 | | compensation. | 3 | | (e) The Whole Child Task Force shall submit a report of its | 4 | | findings and recommendations to the General Assembly, the | 5 | | Illinois Legislative Black Caucus, the State Board of | 6 | | Education, and the Governor on or before March 15, 2022 | 7 | | February 1, 2022 . Upon submitting its report, the task force | 8 | | is 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 | 12 | | amended 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 | 16 | | applicable local, State, and federal policies, guidance and | 17 | | recommendations of public health and infection control | 18 | | authorities, and taking into consideration the limitations on | 19 | | access to N95 masks caused by disruptions in local, State, | 20 | | national, and international supply chains, the University of | 21 | | Illinois Hospital shall provide N95 masks to physicians | 22 | | licensed under the Medical Practice Act of 1987, registered | 23 | | nurses and advanced practice registered nurses licensed under | 24 | | the Nurse Licensing Act, and any other employees or |
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| 1 | | contractual workers who provide direct patient care and who, | 2 | | pursuant to such policies, guidance, and recommendations, are | 3 | | recommended to have such a mask to safely provide such direct | 4 | | patient care within a hospital setting. Nothing in this | 5 | | Section shall be construed to impose any new duty or | 6 | | obligation on the University of Illinois Hospital or employee | 7 | | that is greater than that imposed under State and federal laws | 8 | | in effect on the effective date of this amendatory Act of the | 9 | | 102nd General Assembly. | 10 | | This Section is repealed on July 1, 2022 December 31, | 11 | | 2021 .
| 12 | | (Source: P.A. 102-4, eff. 4-27-21.) | 13 | | Section 70. The Intergenerational Poverty Act is amended | 14 | | by 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 | 17 | | economic insecurity. | 18 | | (a) Plan required. No later than March 31, 2022 November | 19 | | 30, 2021 , the Commission shall develop and adopt a strategic | 20 | | plan 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, | 12 | | the 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 | 26 | | the 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, | 19 | | contain policy and fiscal recommendations relating to all of | 20 | | the 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 | 2 | | required under subsection (e), the strategic plan shall | 3 | | contain 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 | 12 | | the plan, the Commission shall identify in measurable terms | 13 | | the actual or potential impact the recommendation will have on | 14 | | poverty 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 | 19 | | Commission shall issue an interim report on the Commission's | 20 | | activities to the Governor and the General Assembly. | 21 | | (b) Report on strategic plan. Upon the Commission's | 22 | | adoption of the strategic plan, but no later than March 31, | 23 | | 2022 November 30, 2021 , the Commission shall issue a report | 24 | | containing a summary of the Commission's activities and the | 25 | | contents of the strategic plan. The Commission shall submit |
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| 1 | | the report to the Governor and each member of the General | 2 | | Assembly. | 3 | | (c) Annual reports. Beginning March 31, 2022 November 30, | 4 | | 2022 , and each year thereafter, the Commission shall issue a | 5 | | report on the status of the implementation of the Commission's | 6 | | strategic plan. The report may contain any other | 7 | | recommendations of the Commission to address poverty and | 8 | | economic 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 | 11 | | changing 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 | 15 | | recommendations to the General Assembly, in the form of an | 16 | | annual 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 | 13 | | General 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 | 18 | | 2023 .
| 19 | | (Source: P.A. 101-606, eff. 12-13-19.) | 20 | | Section 80. The Farmer Equity Act is amended by changing | 21 | | Section 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 | 2 | | collected to determine economic and other disparities | 3 | | associated with farm ownership and farm operations in this | 4 | | State. The study shall focus primarily on identifying and | 5 | | comparing economic, land ownership, education, and other | 6 | | related differences between African American farmers and white | 7 | | farmers, but may include data collected in regards to farmers | 8 | | from other socially disadvantaged groups. The study shall | 9 | | collect, compare, and analyze data relating to disparities or | 10 | | differences 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 | 25 | | Governor and General Assembly on or before December 31, 2022 | 26 | | January 1, 2022 . The report shall be made available on the |
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| 1 | | Department'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 | 5 | | Section 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 | 10 | | county's code hearing unit may adjudicate the validity of a | 11 | | mechanics lien under Section 3-5010.8 of the Counties Code. If | 12 | | the recorder shows by clear and convincing evidence that the | 13 | | lien being adjudicated is an expired lien, the administrative | 14 | | law judge shall rule the lien is forfeited under this Act and | 15 | | that the lien no longer affects the chain of title of the | 16 | | property 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 | 20 | | changing Sections 401, 403, 1502.4, 1505, and 1506.6 as | 21 | | follows: | 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 | 3 | | beginning prior to January 4, 2004, an
individual's weekly | 4 | | benefit amount shall be an amount equal to the weekly
benefit | 5 | | amount as defined in the provisions of this Act as amended and | 6 | | in effect on November 18, 2011.
| 7 | | B. 1.
With respect to any benefit year beginning on or | 8 | | after January 4, 2004 and
before January 6, 2008, an | 9 | | individual's weekly benefit amount shall be 48% of
his or her | 10 | | prior average weekly wage, rounded (if not already a multiple | 11 | | of one
dollar) to the next higher dollar; provided, however, | 12 | | that the weekly benefit
amount cannot exceed the maximum | 13 | | weekly benefit amount and cannot be less than
$51. Except as | 14 | | otherwise provided in this Section, with respect to any | 15 | | benefit year beginning on or after January 6, 2008, an
| 16 | | individual's weekly benefit amount shall be 47% of his or her | 17 | | prior average
weekly wage, rounded (if not already a multiple | 18 | | of one dollar) to the next
higher dollar; provided, however, | 19 | | that the weekly benefit amount cannot exceed
the maximum | 20 | | weekly benefit amount and cannot be less than $51.
With | 21 | | respect to any benefit year beginning on or after July 3, 2022 | 22 | | in calendar year 2022 , an individual's weekly benefit amount | 23 | | shall 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 | 25 | | dollar; provided, however, that the weekly benefit amount | 26 | | cannot exceed the maximum weekly benefit amount and cannot be |
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| 1 | | less than $51.
| 2 | | 2. For the purposes of this subsection:
| 3 | | An
individual's "prior average weekly wage" means the | 4 | | total wages for insured
work paid to that individual during | 5 | | the 2 calendar quarters of his base
period in which such total | 6 | | wages were highest, divided by 26. If
the quotient is not | 7 | | already a multiple of one dollar, it shall be
rounded to the | 8 | | nearest dollar; however if the quotient is equally near
2 | 9 | | multiples of one dollar, it shall be rounded to the higher | 10 | | multiple of
one dollar.
| 11 | | "Determination date" means June 1 and December 1 of each | 12 | | calendar year except that, for the purposes
of this Act only, | 13 | | there shall be no June 1 determination date in any
year.
| 14 | | "Determination period" means, with respect to each June 1 | 15 | | determination
date, the 12 consecutive calendar months ending | 16 | | on the immediately preceding
December 31 and, with respect to | 17 | | each December 1 determination date, the
12 consecutive | 18 | | calendar months ending on the immediately preceding June 30.
| 19 | | "Benefit period" means the 12 consecutive calendar month | 20 | | period
beginning on the first day of the first calendar month | 21 | | immediately following
a determination date, except that, with | 22 | | respect to any calendar year
in which there is a June 1 | 23 | | determination date, "benefit period" shall mean
the 6 | 24 | | consecutive calendar month period beginning on the first day | 25 | | of the first
calendar month immediately following the | 26 | | preceding December 1 determination
date and the 6 consecutive |
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| 1 | | calendar month period beginning on the first
day of the first | 2 | | calendar month immediately following the June 1 determination
| 3 | | date.
| 4 | | "Gross wages" means all the wages paid to individuals | 5 | | during the
determination period immediately preceding a | 6 | | determination date for
insured work, and reported to the | 7 | | Director by employers prior to the
first day of the third | 8 | | calendar month preceding that date.
| 9 | | "Covered employment" for any calendar month means the | 10 | | total number of
individuals, as determined by the Director, | 11 | | engaged in insured work at
mid-month.
| 12 | | "Average monthly covered employment" means one-twelfth of | 13 | | the sum of
the covered employment for the 12 months of a | 14 | | determination period.
| 15 | | "Statewide average annual wage" means the quotient, | 16 | | obtained by
dividing gross wages by average monthly covered | 17 | | employment for the same
determination period, rounded (if not | 18 | | already a multiple of one cent) to
the nearest cent.
| 19 | | "Statewide average weekly wage" means the quotient, | 20 | | obtained by
dividing the statewide average annual wage by 52, | 21 | | rounded (if not
already a multiple of one cent) to the nearest | 22 | | cent. Notwithstanding any provision of this Section to the | 23 | | contrary, the statewide average weekly wage for any benefit | 24 | | period prior to calendar year 2012 shall be as determined by | 25 | | the provisions of this Act as amended and in effect on November | 26 | | 18, 2011. Notwithstanding any
provisions of this Section to |
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| 1 | | the contrary, the statewide average weekly
wage for the | 2 | | benefit period of calendar year 2012 shall be $856.55 and for | 3 | | each calendar year
thereafter, the
statewide average weekly | 4 | | wage shall be the statewide
average weekly wage, as determined | 5 | | in accordance with
this sentence, for the immediately | 6 | | preceding benefit
period plus (or minus) an amount equal to | 7 | | the percentage
change in the statewide average weekly wage, as | 8 | | computed
in accordance with the first sentence of this | 9 | | paragraph,
between the 2 immediately preceding benefit | 10 | | periods,
multiplied by the statewide average weekly wage, as
| 11 | | determined in accordance with this sentence, for the
| 12 | | immediately preceding benefit period.
However, for purposes of | 13 | | the
Workers'
Compensation Act, the statewide average weekly | 14 | | wage will be computed
using June 1 and December 1 | 15 | | determination dates of each calendar year and
such | 16 | | determination shall not be subject to the limitation of the | 17 | | statewide average weekly wage as
computed in accordance with | 18 | | the preceding sentence of this
paragraph.
| 19 | | With respect to any week beginning in a benefit year | 20 | | beginning prior to January 4, 2004, "maximum weekly benefit | 21 | | amount" with respect to each week beginning within a benefit | 22 | | period shall be as defined in the provisions of this Act as | 23 | | amended and in effect on November 18, 2011.
| 24 | | With respect to any benefit year beginning on or after | 25 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 26 | | benefit amount" with respect to each
week beginning within a |
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| 1 | | benefit period means 48% of the statewide average
weekly wage, | 2 | | rounded (if not already a multiple of one dollar) to the next
| 3 | | higher dollar.
| 4 | | Except as otherwise provided in this Section, with respect | 5 | | to any benefit year beginning on or after January 6, 2008,
| 6 | | "maximum weekly benefit amount" with respect to each week | 7 | | beginning within a
benefit period means 47% of the statewide | 8 | | average weekly wage, rounded (if not
already a multiple of one | 9 | | dollar) to the next higher dollar.
| 10 | | With respect to any benefit year beginning on or after | 11 | | July 3, 2022 in calendar year 2022 , "maximum weekly benefit | 12 | | amount" with respect to each week beginning within a benefit | 13 | | period means 42.4% of the statewide average weekly wage, | 14 | | rounded (if not already a multiple of one dollar) to the next | 15 | | higher dollar. | 16 | | C. With respect to any week beginning in a benefit year | 17 | | beginning prior to January 4, 2004, an individual's | 18 | | eligibility for a dependent allowance with respect to a | 19 | | nonworking spouse or one or more dependent children shall be | 20 | | as defined by the provisions of this Act as amended and in | 21 | | effect on November 18, 2011.
| 22 | | With respect to any benefit year beginning on or after | 23 | | January 4, 2004 and
before January 6, 2008, an individual to | 24 | | whom benefits are payable with respect
to any week shall, in | 25 | | addition to those benefits, be paid, with respect to such
| 26 | | week, as follows: in the case of an individual with a |
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| 1 | | nonworking spouse, 9% of
his or her prior average weekly wage, | 2 | | rounded (if not already a multiple of one
dollar) to the next | 3 | | higher dollar, provided, that the total amount payable to
the | 4 | | individual with respect to a week shall not exceed 57% of the | 5 | | statewide
average weekly wage, rounded (if not already a | 6 | | multiple of one dollar) to the
next higher dollar; and in the | 7 | | case of an individual with a dependent child or
dependent | 8 | | children, 17.2% of his or her prior average weekly wage, | 9 | | rounded (if
not already a multiple of one dollar) to the next | 10 | | higher dollar, provided that
the total amount payable to the | 11 | | individual with respect to a week shall not
exceed 65.2% of the | 12 | | statewide average weekly wage, rounded (if not already a
| 13 | | multiple of one dollar) to the next higher dollar.
| 14 | | With respect to any benefit year beginning on or after | 15 | | January 6, 2008 and before January 1, 2010, an
individual to | 16 | | whom benefits are payable with respect to any week shall, in
| 17 | | addition to those benefits, be paid, with respect to such | 18 | | week, as follows: in
the case of an individual with a | 19 | | nonworking spouse, 9% of his or her prior
average weekly wage, | 20 | | rounded (if not already a multiple of one dollar) to the
next | 21 | | higher dollar, provided, that the total amount payable
to the | 22 | | individual with respect to a week shall not exceed 56% of the | 23 | | statewide
average weekly wage, rounded (if not already a | 24 | | multiple of one dollar) to the
next higher dollar; and in the | 25 | | case of an individual with a dependent child or
dependent | 26 | | children, 18.2% of his or her prior average weekly wage, |
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| 1 | | rounded (if
not already a multiple of one dollar) to the next | 2 | | higher dollar, provided that
the total amount payable to the | 3 | | individual with respect to a week
shall not exceed 65.2% of the | 4 | | statewide average weekly wage, rounded (if not
already a | 5 | | multiple of one dollar) to the next higher dollar. | 6 | | The additional
amount paid pursuant to this subsection in | 7 | | the case of an individual with a
dependent child or dependent | 8 | | children shall be referred to as the "dependent
child | 9 | | allowance", and the percentage rate by which an individual's | 10 | | prior average weekly wage is multiplied pursuant to this | 11 | | subsection to calculate the dependent child allowance shall be | 12 | | referred to as the "dependent child allowance rate". | 13 | | Except as otherwise provided in this Section, with respect | 14 | | to any benefit year beginning on or after January 1, 2010, an | 15 | | individual to whom benefits are payable with respect to any | 16 | | week shall, in addition to those benefits, be paid, with | 17 | | respect to such week, as follows: in the case of an individual | 18 | | with a nonworking spouse, the greater of (i) 9% of his or her | 19 | | prior average weekly wage, rounded (if not already a multiple | 20 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 21 | | that the total amount payable to the individual with respect | 22 | | to a week shall not exceed 56% of the statewide average weekly | 23 | | wage, rounded (if not already a multiple of one dollar) to the | 24 | | next higher dollar; and in the case of an individual with a | 25 | | dependent child or dependent children, the greater of (i) the | 26 | | product of the dependent child allowance rate multiplied by |
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| 1 | | his or her prior average weekly wage, rounded (if not already a | 2 | | multiple of one dollar) to the next higher dollar, or (ii) the | 3 | | lesser of $50 or 50% of his or her weekly benefit amount, | 4 | | rounded (if not already a multiple of one dollar) to the next | 5 | | higher dollar, provided that the total amount payable to the | 6 | | individual with respect to a week shall not exceed the product | 7 | | of the statewide average weekly wage multiplied by the sum of | 8 | | 47% plus the dependent child allowance rate, rounded (if not | 9 | | already a multiple of one dollar) to the next higher dollar. | 10 | | With respect to any benefit year beginning on or after | 11 | | July 3, 2022 in calendar year 2022 , an individual to whom | 12 | | benefits are payable with respect to any week shall, in | 13 | | addition to those benefits, be paid, with respect to such | 14 | | week, as follows: in the case of an individual with a | 15 | | nonworking spouse, the greater of (i) 9% of his or her prior | 16 | | average weekly wage, rounded (if not already a multiple of one | 17 | | dollar) to the next higher dollar, or (ii) $15, provided that | 18 | | the total amount payable to the individual with respect to a | 19 | | week shall not exceed 51.4% of the statewide average weekly | 20 | | wage, rounded (if not already a multiple of one dollar) to the | 21 | | next higher dollar; and in the case of an individual with a | 22 | | dependent child or dependent children, the greater of (i) the | 23 | | product of the dependent child allowance rate multiplied by | 24 | | his or her prior average weekly wage, rounded (if not already a | 25 | | multiple of one dollar) to the next higher dollar, or (ii) the | 26 | | lesser of $50 or 50% of his or her weekly benefit amount, |
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| 1 | | rounded (if not already a multiple of one dollar) to the next | 2 | | higher dollar, provided that the total amount payable to the | 3 | | individual with respect to a week shall not exceed the product | 4 | | of the statewide average weekly wage multiplied by the sum of | 5 | | 42.4% plus the dependent child allowance rate, rounded (if not | 6 | | already a multiple of one dollar) to the next higher dollar. | 7 | | With respect to each benefit year beginning after calendar | 8 | | year 2012, the
dependent child allowance rate shall be the sum | 9 | | of the allowance adjustment
applicable pursuant to Section | 10 | | 1400.1 to the calendar year in which the benefit
year begins, | 11 | | plus the dependent child
allowance rate with respect to each | 12 | | benefit year beginning in the immediately
preceding calendar | 13 | | year, except as otherwise provided in this subsection. The | 14 | | dependent
child allowance rate with respect to each benefit | 15 | | year beginning in calendar year 2010 shall be 17.9%.
The | 16 | | dependent child allowance rate with respect to each benefit | 17 | | year beginning in calendar year 2011 shall be 17.4%. The | 18 | | dependent child allowance rate with respect to each benefit | 19 | | year beginning in calendar year 2012 shall be 17.0% and, with | 20 | | respect to each benefit year beginning after calendar year | 21 | | 2012, 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 | 25 | | of an
individual claiming benefits under this Act or a child | 26 | | who is in the
custody of any such individual by court order, |
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| 1 | | for whom the individual is
supplying and, for at least 90 | 2 | | consecutive days (or for the duration of
the parental | 3 | | relationship if it has existed for less than 90 days)
| 4 | | immediately preceding any week with respect to which the | 5 | | individual has
filed a claim, has supplied more than one-half | 6 | | the cost of support, or
has supplied at least 1/4 of the cost | 7 | | of support if the individual and
the other parent, together, | 8 | | are supplying and, during the aforesaid
period, have supplied | 9 | | more than one-half the cost of support, and are,
and were | 10 | | during the aforesaid period, members of the same household; | 11 | | and
who, on the first day of such week (a) is under 18 years of | 12 | | age, or (b)
is, and has been during the immediately preceding | 13 | | 90 days, unable to
work because of illness or other | 14 | | disability: provided, that no person
who has been determined | 15 | | to be a child of an individual who has been
allowed benefits | 16 | | with respect to a week in the individual's benefit
year shall | 17 | | be deemed to be a child of the other parent, and no other
| 18 | | person shall be determined to be a child of such other parent, | 19 | | during
the remainder of that benefit year.
| 20 | | "Nonworking spouse" means the lawful husband or wife of an | 21 | | individual
claiming benefits under this Act, for whom more | 22 | | than one-half the cost
of support has been supplied by the | 23 | | individual for at least 90
consecutive days (or for the | 24 | | duration of the marital relationship if it
has existed for | 25 | | less than 90 days) immediately preceding any week with
respect | 26 | | to which the individual has filed a claim, but only if the
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| 1 | | nonworking spouse is currently ineligible to receive benefits | 2 | | under this
Act by reason of the provisions of Section 500E.
| 3 | | An individual who was obligated by law to provide for the | 4 | | support of
a child or of a nonworking spouse for the aforesaid | 5 | | period of 90 consecutive
days, but was prevented by illness or | 6 | | injury from doing so, shall be deemed
to have provided more | 7 | | than one-half the cost of supporting the child or
nonworking | 8 | | spouse for that period.
| 9 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20; | 10 | | 101-633, 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 | 14 | | September 30, 1979, any otherwise eligible
individual shall be | 15 | | entitled, during such benefit year, to a maximum
total amount | 16 | | of benefits as shall be determined in the manner set forth
in | 17 | | this Act as amended and in effect on November 9, 1977.
| 18 | | B. With respect to any benefit year beginning on or after | 19 | | September 30,
1979, except as otherwise provided in this | 20 | | Section, any otherwise eligible individual shall be entitled, | 21 | | during such benefit
year, to a maximum total amount of | 22 | | benefits equal to 26 times his or her weekly
benefit amount | 23 | | plus dependents' allowances, or to the total wages for insured
| 24 | | work paid to such individual during the individual's base | 25 | | period, whichever
amount is smaller. With respect to any |
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| 1 | | benefit year beginning in calendar year 2012, any otherwise | 2 | | eligible individual shall be entitled, during such benefit | 3 | | year, to a maximum total amount of benefits equal to 25 times | 4 | | his or her weekly benefit amount plus dependents' allowances, | 5 | | or to the total wages for insured work paid to such individual | 6 | | during the individual's base period, whichever amount is | 7 | | smaller. With respect to any benefit year beginning on or | 8 | | after July 3, 2022 in calendar year 2022 , any otherwise | 9 | | eligible individual shall be entitled, during such benefit | 10 | | year, to a maximum total amount of benefits equal to 24 times | 11 | | his or her weekly benefit amount plus dependents' allowances, | 12 | | or to the total wages for insured work paid to such individual | 13 | | during the individual's base period, whichever amount is | 14 | | smaller.
| 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 | 19 | | unemployment that begins on or after March 15, 2020, and | 20 | | before December 31, 2020, and is directly or indirectly | 21 | | attributable to COVID-19, notwithstanding any other provisions | 22 | | to the contrary an employer that is subject to the payment of | 23 | | contributions shall not be chargeable for any benefit charges. | 24 | | B. With respect to any regular benefits paid for a week of | 25 | | unemployment that begins on or after March 15, 2020, and |
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| 1 | | before December 31, 2020, and is directly or indirectly | 2 | | attributable to COVID-19, notwithstanding any other provisions | 3 | | to the contrary except subsection E, a nonprofit organization | 4 | | that is subject to making payments in lieu of contributions | 5 | | shall be chargeable for 50% of the benefits paid. | 6 | | C. With respect to any benefits paid for a week of | 7 | | unemployment that begins on or after March 15, 2020, and | 8 | | before December 31, 2020, and is directly or indirectly | 9 | | attributable to COVID-19, notwithstanding any other provisions | 10 | | to the contrary except subsection E, the State and any local | 11 | | government that is subject to making payments in lieu of | 12 | | contributions shall be chargeable for 50% of the benefits | 13 | | paid, irrespective of whether the State or local government | 14 | | paid the individual who received the benefits wages for | 15 | | insured work during the individual's base period. | 16 | | D. Subsections A, B, and C shall only apply to the extent | 17 | | that the employer can show that the individual's unemployment | 18 | | for the week was directly or indirectly attributable to | 19 | | COVID-19. | 20 | | E. No employer shall be chargeable for the week of | 21 | | benefits paid to an individual under the provisions of | 22 | | subsection 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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| 1 | | state experience
factor shall be adjusted in accordance with | 2 | | the following provisions:
| 3 | | A. For calendar years prior to 1988, the state experience | 4 | | factor shall be adjusted in accordance with the provisions of | 5 | | this Act as amended and in effect on November 18, 2011.
| 6 | | B. (Blank).
| 7 | | C. For calendar year 1988
and each calendar year | 8 | | thereafter, for which the state
experience factor is being | 9 | | determined.
| 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
| 17 | | adjusted 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 | 20 | | calendar years 2013 through 2015 shall be increased by 5% | 21 | | absolute above the adjusted state experience factor as | 22 | | calculated without regard to this subsection. The adjusted | 23 | | state experience factor for each of calendar years 2016 | 24 | | through 2018 shall be increased by 6% absolute above the | 25 | | adjusted state experience factor as calculated without regard | 26 | | to this subsection. The increase in the adjusted state |
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| 1 | | experience factor for calendar year 2018 pursuant to this | 2 | | subsection shall not be counted for purposes of applying | 3 | | paragraph 3 or 4 of subsection D to the calculation of the | 4 | | adjusted state experience factor for calendar year 2019. | 5 | | D-2. (Blank). | 6 | | D-3. The adjusted state experience factor for the portion | 7 | | of calendar year 2022 beginning July 3, 2022 shall be | 8 | | increased by 16% absolute above the adjusted state experience | 9 | | factor as calculated without regard to this subsection. The | 10 | | increase in the adjusted state experience factor for the | 11 | | portion of calendar year 2022 beginning July 3, 2022 pursuant | 12 | | to this subsection shall not be counted for purposes of | 13 | | applying paragraph 3 or 4 of subsection D to the calculation of | 14 | | the adjusted state experience factor for calendar year 2023. | 15 | | E. The amount standing to the credit of this State's | 16 | | account in the
unemployment trust fund as of June 30 shall be | 17 | | deemed to include as part
thereof (a) any amount receivable on | 18 | | that date from any Federal
governmental agency, or as a | 19 | | payment in lieu of contributions under the
provisions of | 20 | | Sections 1403 and 1405 B and paragraph 2 of Section 302C,
in | 21 | | reimbursement of benefits paid to individuals, and (b) amounts
| 22 | | credited by the Secretary of the Treasury of the United States | 23 | | to this
State's account in the unemployment trust fund | 24 | | pursuant to Section 903
of the Federal Social Security Act, as | 25 | | amended, including any such
amounts which have been | 26 | | appropriated by the General Assembly in
accordance with the |
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| 1 | | provisions of Section 2100 B for expenses of
administration, | 2 | | except any amounts which have been obligated on or
before that | 3 | | date pursuant to such appropriation.
| 4 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20; | 5 | | 101-633, eff. 6-5-20.)
| 6 | | (820 ILCS 405/1506.6) | 7 | | Sec. 1506.6. Surcharge; specified period. For each | 8 | | employer whose contribution rate for calendar year 2022 is | 9 | | determined pursuant to Section 1500 or 1506.1, in addition to | 10 | | the contribution rate established pursuant to Section 1506.3, | 11 | | for the portion of calendar year 2022 beginning July 3, 2022, | 12 | | an additional surcharge of 0.325% shall be added to the | 13 | | contribution rate. The surcharge established by this Section | 14 | | shall be due at the same time as other contributions with | 15 | | respect to the quarter are due, as provided in Section 1400. | 16 | | Payments attributable to the surcharge established pursuant to | 17 | | this Section shall be contributions and deposited into the | 18 | | clearing account.
| 19 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20; | 20 | | 101-633, eff. 6-5-20.) | 21 | | Section 995. No acceleration or delay. Where this Act | 22 | | makes changes in a statute that is represented in this Act by | 23 | | text that is not yet or no longer in effect (for example, a | 24 | | Section represented by multiple versions), the use of that |
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| 1 | | text does not accelerate or delay the taking effect of (i) the | 2 | | changes made by this Act or (ii) provisions derived from any | 3 | | other Public Act.
| 4 | | Section 999. Effective date. This Act takes effect upon | 5 | | becoming law.".
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