State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. David Koehler


35 ILCS 200/15-190 new
820 ILCS 405/408.5

    Amends the Property Tax Code to freeze the tax assessment for electricity generating plants for a period of 5 years beginning the year the electricity generating plant is closed. Amends the Unemployment Insurance Act to authorize additional benefits for individuals whose unemployment or partial unemployment is attributable to a layoff from an electric power plant.

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1    AN ACT concerning revenue and employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Property Tax Code is amended by adding
5Section 15-190 as follows:
6    (35 ILCS 200/15-190 new)
7    Sec. 15-190. Electricity generating plant tax assessment
8freeze. Beginning in the year an electricity generating plant
9is closed, the closed plant is granted a property tax
10assessment freeze for a period of 5 years. The amount at which
11the property tax assessment shall be frozen shall be
12determined by calculating the average equalized assessed value
13of the property for the year the plant is closed and the
14equalized assessed value of the property during the 4 years
15preceding the year the plant was closed.
16    Section 10. The Unemployment Insurance Act is amended by
17changing Section 408.5 as follows:
18    (820 ILCS 405/408.5)
19    Sec. 408.5. Additional benefits.
20    A. Additional benefits shall be available:
21        1. only with respect to benefit years beginning on or



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1    after April 1, 2017 2015 and prior to the effective date of
2    this amendatory Act of the 102nd 99th General Assembly;
3    and
4        2. to an otherwise eligible individual: (a) who was
5    certified as eligible to apply for adjustment assistance
6    under the federal Trade Act of 1974, as amended, on or
7    after January 1, 2015; (b) who has not received the
8    maximum amount of trade readjustment allowances payable to
9    him or her pursuant to paragraph (1) of subsection (a) of
10    Section 233 of the federal Trade Act of 1974, as amended,
11    as a result of the certification referenced in item (a) of
12    this paragraph 2; and (c) whose total or partial
13    unemployment is attributable to a layoff from an electric
14    power plant or coal mine a steel manufacturer.
15    B. An individual shall be eligible to receive additional
16benefits pursuant to this Section for a week if he or she: (1)
17has met the requirements of Section 500E of this Act; (2) is an
18exhaustee; and (3) except when the result would be
19inconsistent with the provisions of this Section, has
20satisfied the requirements of this Act for the receipt of
21regular benefits as that term is defined in Section 409 of this
23    C. For the purposes of this Section, an individual is an
24exhaustee with respect to a week if:
25        1. prior to such week: (a) he or she has received, with
26    respect to his or her current benefit year that includes



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1    such week, the maximum total amount of benefits to which
2    he or she was entitled under the provisions of Section
3    403B, and all of the regular benefits (including
4    dependents' allowances) to which he or she had entitlement
5    (if any) on the basis of wages or employment under any
6    other State unemployment compensation law; or (b) he or
7    she has received all the regular benefits available to him
8    or her with respect to his or her current benefit year that
9    includes such week, under this Act and under any other
10    State unemployment compensation law, after a cancellation
11    of some or all of his or her wage credits or the partial or
12    total reduction of his or her regular benefit rights; or
13    (c) his or her benefit year terminated, and he or she
14    cannot meet the qualifying wage requirements of Section
15    500E of this Act or the qualifying wage or employment
16    requirements of any other State unemployment compensation
17    law to establish a new benefit year which would include
18    such week or, having established a new benefit year that
19    includes such week, he or she is ineligible for regular
20    benefits by reason of Section 607 of this Act or a like
21    provision of any other State unemployment compensation
22    law; and
23        2. for such week: (a) he or she has no right to
24    benefits or allowances, as the case may be, under the
25    Railroad Unemployment Insurance Act, the federal Trade Act
26    of 1974, as amended, or such other federal laws as are



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1    specified in regulations of the United States Secretary of
2    Labor or other appropriate federal agency; and (b) he or
3    she has not received and is not seeking benefits under the
4    unemployment compensation law of Canada, except that if he
5    or she is seeking such benefits and the appropriate agency
6    finally determines that he or she is not entitled to
7    benefits under such law, this clause shall not apply; and
8        3. the week for which additional benefits are being
9    claimed is not later than 78 seventy-eight weeks after the
10    end of the individual's benefit year for which benefits
11    can be claimed under this Section.
12    For the purposes of clauses (a) and (b) of paragraph 1 of
13this subsection, an individual shall be deemed to have
14received, with respect to his or her current benefit year, the
15maximum total amount of benefits to which he or she was
16entitled or all of the regular benefits to which he or she had
17entitlement, or all of the regular benefits available to him
18or her, as the case may be, even though: (a) as a result of a
19pending reconsideration or appeal with respect to the
20"finding" defined in Section 701, or of a pending appeal with
21respect to wages or employment or both under any other State
22unemployment compensation law, he or she may subsequently be
23determined to be entitled to more regular benefits; or (b) by
24reason of a seasonality provision in a State unemployment
25compensation law which establishes the weeks of the year for
26which regular benefits may be paid to individuals on the basis



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1of wages in seasonal employment he or she may be entitled to
2regular benefits for future weeks but such benefits are not
3payable with respect to the week for which he or she is
4claiming additional benefits, provided that he or she is
5otherwise an exhaustee under the provisions of this subsection
6with respect to his or her rights to regular benefits, under
7such seasonality provision, during the portion of the year in
8which that week occurs; or (c) having established a benefit
9year, no regular benefits are payable to him or her with
10respect to such year because his or her wage credits were
11cancelled or his or her rights to regular benefits were
12totally reduced by reason of the application of a
13disqualification provision of a State unemployment
14compensation law.
15    An individual shall not cease to be an exhaustee with
16respect to any week solely because he or she meets the
17qualifying wage requirements of Section 500E for a part of
18such week.
19    D. The provisions of Section 607 and the waiting period
20requirements of Section 500D shall not be applicable to any
21week with respect to which benefits are otherwise payable
22under this Section.
23    E. With respect to any week payable under this Section, an
24exhaustee's "weekly additional benefit amount" shall be the
25same as his or her weekly benefit amount during his or her
26benefit year which includes such week or, if such week is not



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1in a benefit year, during his or her applicable benefit year,
2as defined in regulations issued by the United States
3Secretary of Labor or other appropriate federal agency. If the
4exhaustee had more than one weekly benefit amount during his
5or her benefit year, his or her weekly additional benefit
6amount with respect to such week shall be the latest of such
7weekly benefit amounts.
8    F. An eligible exhaustee shall be entitled to a maximum
9total amount of additional benefits equal to the maximum total
10amount of benefits to which he or she was entitled under
11Section 403B, plus dependents' allowances, during his or her
12applicable benefit year, minus the sum of any trade
13readjustment allowances he or she has received as a result of
14the certification referenced in item (a) of paragraph 2 of
15subsection A.
16    G. 1. A claims adjudicator shall examine the first claim
17filed by an individual who meets the requirements of
18subsection A and, on the basis of the information in his or her
19possession, shall make an "additional benefits finding". Such
20finding shall state whether or not the individual has met the
21requirement of subsection E of Section 500 of this Act, is an
22exhaustee and, if so, his or her weekly additional benefit
23amount and the maximum total amount of additional benefits to
24which he or she is entitled. The claims adjudicator shall
25promptly notify the individual of his or her "additional
26benefits finding", and shall promptly notify the individual's



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1most recent employing unit and the individual's last employer
2(referred to in Section 1502.1) that the individual has filed
3a claim for additional benefits. The claims adjudicator may
4reconsider his or her "additional benefits finding" at any
5time within 2 years after the close of the individual's
6applicable benefit year, and shall promptly notify the
7individual of such reconsidered finding. All of the provisions
8of this Act applicable to reviews from findings or
9reconsidered findings made pursuant to Sections 701 and 703
10which are not inconsistent with the provisions of this
11subsection shall be applicable to reviews from additional
12benefits findings and reconsidered additional benefits
14    2. If, pursuant to the reconsideration or appeal with
15respect to a "finding", referred to in subsection C, an
16exhaustee is found to be entitled to more regular benefits
17and, by reason thereof, is entitled to more additional
18benefits, the claims adjudicator shall make a reconsidered
19additional benefits finding and shall promptly notify the
20exhaustee thereof.
21    H. Benefits payable pursuant to this Section shall be paid
22from the unemployment trust fund.
23    I. No employer shall be chargeable for the additional
24benefits paid under this Section.
25    J. To ensure full compliance and coordination with all
26applicable federal laws, including, but not limited to, the



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1federal Trade Act of 1974, as amended, the Federal
2Unemployment Tax Act, and the Social Security Act, the
3Director shall take any action or issue any regulations
4necessary in the administration of this Section to ensure that
5its provisions are so interpreted and applied as to meet the
6requirements of such federal Act as interpreted by the United
7States Secretary of Labor or other appropriate Federal agency.
8(Source: P.A. 99-912, eff. 12-19-16.)