Full Text of SB0001 101st General Assembly
SB0001enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the Lifting Up | 5 | | Illinois Working Families Act. | 6 | | Section 5. The Illinois Administrative Procedure Act is | 7 | | amended by changing Section 5-45 as follows: | 8 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 9 | | Sec. 5-45. Emergency rulemaking. | 10 | | (a) "Emergency" means the existence of any situation that | 11 | | any agency
finds reasonably constitutes a threat to the public | 12 | | interest, safety, or
welfare. | 13 | | (b) If any agency finds that an
emergency exists that | 14 | | requires adoption of a rule upon fewer days than
is required by | 15 | | Section 5-40 and states in writing its reasons for that
| 16 | | finding, the agency may adopt an emergency rule without prior | 17 | | notice or
hearing upon filing a notice of emergency rulemaking | 18 | | with the Secretary of
State under Section 5-70. The notice | 19 | | shall include the text of the
emergency rule and shall be | 20 | | published in the Illinois Register. Consent
orders or other | 21 | | court orders adopting settlements negotiated by an agency
may | 22 | | be adopted under this Section. Subject to applicable |
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| 1 | | constitutional or
statutory provisions, an emergency rule | 2 | | becomes effective immediately upon
filing under Section 5-65 or | 3 | | at a stated date less than 10 days
thereafter. The agency's | 4 | | finding and a statement of the specific reasons
for the finding | 5 | | shall be filed with the rule. The agency shall take
reasonable | 6 | | and appropriate measures to make emergency rules known to the
| 7 | | persons who may be affected by them. | 8 | | (c) An emergency rule may be effective for a period of not | 9 | | longer than
150 days, but the agency's authority to adopt an | 10 | | identical rule under Section
5-40 is not precluded. No | 11 | | emergency rule may be adopted more
than once in any 24-month | 12 | | period, except that this limitation on the number
of emergency | 13 | | rules that may be adopted in a 24-month period does not apply
| 14 | | to (i) emergency rules that make additions to and deletions | 15 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 16 | | Public Aid Code or the
generic drug formulary under Section | 17 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 18 | | emergency rules adopted by the Pollution Control
Board before | 19 | | July 1, 1997 to implement portions of the Livestock Management
| 20 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 21 | | Department of Public Health under subsections (a) through (i) | 22 | | of Section 2 of the Department of Public Health Act when | 23 | | necessary to protect the public's health, (iv) emergency rules | 24 | | adopted pursuant to subsection (n) of this Section, (v) | 25 | | emergency rules adopted pursuant to subsection (o) of this | 26 | | Section, or (vi) emergency rules adopted pursuant to subsection |
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| 1 | | (c-5) of this Section. Two or more emergency rules having | 2 | | substantially the same
purpose and effect shall be deemed to be | 3 | | a single rule for purposes of this
Section. | 4 | | (c-5) To facilitate the maintenance of the program of group | 5 | | health benefits provided to annuitants, survivors, and retired | 6 | | employees under the State Employees Group Insurance Act of | 7 | | 1971, rules to alter the contributions to be paid by the State, | 8 | | annuitants, survivors, retired employees, or any combination | 9 | | of those entities, for that program of group health benefits, | 10 | | shall be adopted as emergency rules. The adoption of those | 11 | | rules shall be considered an emergency and necessary for the | 12 | | public interest, safety, and welfare. | 13 | | (d) In order to provide for the expeditious and timely | 14 | | implementation
of the State's fiscal year 1999 budget, | 15 | | emergency rules to implement any
provision of Public Act 90-587 | 16 | | or 90-588
or any other budget initiative for fiscal year 1999 | 17 | | may be adopted in
accordance with this Section by the agency | 18 | | charged with administering that
provision or initiative, | 19 | | except that the 24-month limitation on the adoption
of | 20 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 21 | | do not apply
to rules adopted under this subsection (d). The | 22 | | adoption of emergency rules
authorized by this subsection (d) | 23 | | shall be deemed to be necessary for the
public interest, | 24 | | safety, and welfare. | 25 | | (e) In order to provide for the expeditious and timely | 26 | | implementation
of the State's fiscal year 2000 budget, |
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| 1 | | emergency rules to implement any
provision of Public Act 91-24
| 2 | | or any other budget initiative for fiscal year 2000 may be | 3 | | adopted in
accordance with this Section by the agency charged | 4 | | with administering that
provision or initiative, except that | 5 | | the 24-month limitation on the adoption
of emergency rules and | 6 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 7 | | rules adopted under this subsection (e). The adoption of | 8 | | emergency rules
authorized by this subsection (e) shall be | 9 | | deemed to be necessary for the
public interest, safety, and | 10 | | welfare. | 11 | | (f) In order to provide for the expeditious and timely | 12 | | implementation
of the State's fiscal year 2001 budget, | 13 | | emergency rules to implement any
provision of Public Act 91-712
| 14 | | or any other budget initiative for fiscal year 2001 may be | 15 | | adopted in
accordance with this Section by the agency charged | 16 | | with administering that
provision or initiative, except that | 17 | | the 24-month limitation on the adoption
of emergency rules and | 18 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 19 | | rules adopted under this subsection (f). The adoption of | 20 | | emergency rules
authorized by this subsection (f) shall be | 21 | | deemed to be necessary for the
public interest, safety, and | 22 | | welfare. | 23 | | (g) In order to provide for the expeditious and timely | 24 | | implementation
of the State's fiscal year 2002 budget, | 25 | | emergency rules to implement any
provision of Public Act 92-10
| 26 | | or any other budget initiative for fiscal year 2002 may be |
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| 1 | | adopted in
accordance with this Section by the agency charged | 2 | | with administering that
provision or initiative, except that | 3 | | the 24-month limitation on the adoption
of emergency rules and | 4 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 5 | | rules adopted under this subsection (g). The adoption of | 6 | | emergency rules
authorized by this subsection (g) shall be | 7 | | deemed to be necessary for the
public interest, safety, and | 8 | | welfare. | 9 | | (h) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 2003 budget, | 11 | | emergency rules to implement any
provision of Public Act 92-597
| 12 | | or any other budget initiative for fiscal year 2003 may be | 13 | | adopted in
accordance with this Section by the agency charged | 14 | | with administering that
provision or initiative, except that | 15 | | the 24-month limitation on the adoption
of emergency rules and | 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 17 | | rules adopted under this subsection (h). The adoption of | 18 | | emergency rules
authorized by this subsection (h) shall be | 19 | | deemed to be necessary for the
public interest, safety, and | 20 | | welfare. | 21 | | (i) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 2004 budget, | 23 | | emergency rules to implement any
provision of Public Act 93-20
| 24 | | or any other budget initiative for fiscal year 2004 may be | 25 | | adopted in
accordance with this Section by the agency charged | 26 | | with administering that
provision or initiative, except that |
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| 1 | | the 24-month limitation on the adoption
of emergency rules and | 2 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 3 | | rules adopted under this subsection (i). The adoption of | 4 | | emergency rules
authorized by this subsection (i) shall be | 5 | | deemed to be necessary for the
public interest, safety, and | 6 | | welfare. | 7 | | (j) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of the State's fiscal year | 9 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 10 | | Implementation (Human Services) Act, emergency rules to | 11 | | implement any provision of the Fiscal Year 2005 Budget | 12 | | Implementation (Human Services) Act may be adopted in | 13 | | accordance with this Section by the agency charged with | 14 | | administering that provision, except that the 24-month | 15 | | limitation on the adoption of emergency rules and the | 16 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 17 | | adopted under this subsection (j). The Department of Public Aid | 18 | | may also adopt rules under this subsection (j) necessary to | 19 | | administer the Illinois Public Aid Code and the Children's | 20 | | Health Insurance Program Act. The adoption of emergency rules | 21 | | authorized by this subsection (j) shall be deemed to be | 22 | | necessary for the public interest, safety, and welfare.
| 23 | | (k) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of the State's fiscal year | 25 | | 2006 budget, emergency rules to implement any provision of | 26 | | Public Act 94-48 or any other budget initiative for fiscal year |
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| 1 | | 2006 may be adopted in accordance with this Section by the | 2 | | agency charged with administering that provision or | 3 | | initiative, except that the 24-month limitation on the adoption | 4 | | of emergency rules and the provisions of Sections 5-115 and | 5 | | 5-125 do not apply to rules adopted under this subsection (k). | 6 | | The Department of Healthcare and Family Services may also adopt | 7 | | rules under this subsection (k) necessary to administer the | 8 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 9 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 10 | | Disabled Persons Prescription Drug Discount Program Act (now | 11 | | the Illinois Prescription Drug Discount Program Act), and the | 12 | | Children's Health Insurance Program Act. The adoption of | 13 | | emergency rules authorized by this subsection (k) shall be | 14 | | deemed to be necessary for the public interest, safety, and | 15 | | welfare.
| 16 | | (l) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the
State's fiscal year | 18 | | 2007 budget, the Department of Healthcare and Family Services | 19 | | may adopt emergency rules during fiscal year 2007, including | 20 | | rules effective July 1, 2007, in
accordance with this | 21 | | subsection to the extent necessary to administer the | 22 | | Department's responsibilities with respect to amendments to | 23 | | the State plans and Illinois waivers approved by the federal | 24 | | Centers for Medicare and Medicaid Services necessitated by the | 25 | | requirements of Title XIX and Title XXI of the federal Social | 26 | | Security Act. The adoption of emergency rules
authorized by |
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| 1 | | this subsection (l) shall be deemed to be necessary for the | 2 | | public interest,
safety, and welfare.
| 3 | | (m) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the
State's fiscal year | 5 | | 2008 budget, the Department of Healthcare and Family Services | 6 | | may adopt emergency rules during fiscal year 2008, including | 7 | | rules effective July 1, 2008, in
accordance with this | 8 | | subsection to the extent necessary to administer the | 9 | | Department's responsibilities with respect to amendments to | 10 | | the State plans and Illinois waivers approved by the federal | 11 | | Centers for Medicare and Medicaid Services necessitated by the | 12 | | requirements of Title XIX and Title XXI of the federal Social | 13 | | Security Act. The adoption of emergency rules
authorized by | 14 | | this subsection (m) shall be deemed to be necessary for the | 15 | | public interest,
safety, and welfare.
| 16 | | (n) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the State's fiscal year | 18 | | 2010 budget, emergency rules to implement any provision of | 19 | | Public Act 96-45 or any other budget initiative authorized by | 20 | | the 96th General Assembly for fiscal year 2010 may be adopted | 21 | | in accordance with this Section by the agency charged with | 22 | | administering that provision or initiative. The adoption of | 23 | | emergency rules authorized by this subsection (n) shall be | 24 | | deemed to be necessary for the public interest, safety, and | 25 | | welfare. The rulemaking authority granted in this subsection | 26 | | (n) shall apply only to rules promulgated during Fiscal Year |
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| 1 | | 2010. | 2 | | (o) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the State's fiscal year | 4 | | 2011 budget, emergency rules to implement any provision of | 5 | | Public Act 96-958 or any other budget initiative authorized by | 6 | | the 96th General Assembly for fiscal year 2011 may be adopted | 7 | | in accordance with this Section by the agency charged with | 8 | | administering that provision or initiative. The adoption of | 9 | | emergency rules authorized by this subsection (o) is deemed to | 10 | | be necessary for the public interest, safety, and welfare. The | 11 | | rulemaking authority granted in this subsection (o) applies | 12 | | only to rules promulgated on or after July 1, 2010 (the | 13 | | effective date of Public Act 96-958) through June 30, 2011. | 14 | | (p) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Public Act 97-689, | 16 | | emergency rules to implement any provision of Public Act 97-689 | 17 | | may be adopted in accordance with this subsection (p) by the | 18 | | agency charged with administering that provision or | 19 | | initiative. The 150-day limitation of the effective period of | 20 | | emergency rules does not apply to rules adopted under this | 21 | | subsection (p), and the effective period may continue through | 22 | | June 30, 2013. The 24-month limitation on the adoption of | 23 | | emergency rules does not apply to rules adopted under this | 24 | | subsection (p). The adoption of emergency rules authorized by | 25 | | this subsection (p) is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (q) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 3 | | 12 of Public Act 98-104, emergency rules to implement any | 4 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 5 | | may be adopted in accordance with this subsection (q) by the | 6 | | agency charged with administering that provision or | 7 | | initiative. The 24-month limitation on the adoption of | 8 | | emergency rules does not apply to rules adopted under this | 9 | | subsection (q). The adoption of emergency rules authorized by | 10 | | this subsection (q) is deemed to be necessary for the public | 11 | | interest, safety, and welfare. | 12 | | (r) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 98-651, | 14 | | emergency rules to implement Public Act 98-651 may be adopted | 15 | | in accordance with this subsection (r) by the Department of | 16 | | Healthcare and Family Services. The 24-month limitation on the | 17 | | adoption of emergency rules does not apply to rules adopted | 18 | | under this subsection (r). The adoption of emergency rules | 19 | | authorized by this subsection (r) is deemed to be necessary for | 20 | | the public interest, safety, and welfare. | 21 | | (s) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 23 | | the Illinois Public Aid Code, emergency rules to implement any | 24 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 25 | | Public Aid Code may be adopted in accordance with this | 26 | | subsection (s) by the Department of Healthcare and Family |
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| 1 | | Services. The rulemaking authority granted in this subsection | 2 | | (s) shall apply only to those rules adopted prior to July 1, | 3 | | 2015. Notwithstanding any other provision of this Section, any | 4 | | emergency rule adopted under this subsection (s) shall only | 5 | | apply to payments made for State fiscal year 2015. The adoption | 6 | | of emergency rules authorized by this subsection (s) is deemed | 7 | | to be necessary for the public interest, safety, and welfare. | 8 | | (t) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Article II of Public Act | 10 | | 99-6, emergency rules to implement the changes made by Article | 11 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 12 | | be adopted in accordance with this subsection (t) by the | 13 | | Department of State Police. The rulemaking authority granted in | 14 | | this subsection (t) shall apply only to those rules adopted | 15 | | prior to July 1, 2016. The 24-month limitation on the adoption | 16 | | of emergency rules does not apply to rules adopted under this | 17 | | subsection (t). The adoption of emergency rules authorized by | 18 | | this subsection (t) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (u) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the Burn Victims Relief | 22 | | Act, emergency rules to implement any provision of the Act may | 23 | | be adopted in accordance with this subsection (u) by the | 24 | | Department of Insurance. The rulemaking authority granted in | 25 | | this subsection (u) shall apply only to those rules adopted | 26 | | prior to December 31, 2015. The adoption of emergency rules |
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| 1 | | authorized by this subsection (u) is deemed to be necessary for | 2 | | the public interest, safety, and welfare. | 3 | | (v) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Public Act 99-516, | 5 | | emergency rules to implement Public Act 99-516 may be adopted | 6 | | in accordance with this subsection (v) by the Department of | 7 | | Healthcare and Family Services. The 24-month limitation on the | 8 | | adoption of emergency rules does not apply to rules adopted | 9 | | under this subsection (v). The adoption of emergency rules | 10 | | authorized by this subsection (v) is deemed to be necessary for | 11 | | the public interest, safety, and welfare. | 12 | | (w) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 99-796, | 14 | | emergency rules to implement the changes made by Public Act | 15 | | 99-796 may be adopted in accordance with this subsection (w) by | 16 | | the Adjutant General. The adoption of emergency rules | 17 | | authorized by this subsection (w) is deemed to be necessary for | 18 | | the public interest, safety, and welfare. | 19 | | (x) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of Public Act 99-906, | 21 | | emergency rules to implement subsection (i) of Section 16-115D, | 22 | | subsection (g) of Section 16-128A, and subsection (a) of | 23 | | Section 16-128B of the Public Utilities Act may be adopted in | 24 | | accordance with this subsection (x) by the Illinois Commerce | 25 | | Commission. The rulemaking authority granted in this | 26 | | subsection (x) shall apply only to those rules adopted within |
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| 1 | | 180 days after June 1, 2017 (the effective date of Public Act | 2 | | 99-906). The adoption of emergency rules authorized by this | 3 | | subsection (x) is deemed to be necessary for the public | 4 | | interest, safety, and welfare. | 5 | | (y) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Public Act 100-23, | 7 | | emergency rules to implement the changes made by Public Act | 8 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 9 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 10 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 11 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 12 | | Developmental Disabilities Administrative Act may be adopted | 13 | | in accordance with this subsection (y) by the respective | 14 | | Department. The adoption of emergency rules authorized by this | 15 | | subsection (y) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (z) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Public Act 100-554, | 19 | | emergency rules to implement the changes made by Public Act | 20 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 21 | | adopted in accordance with this subsection (z) by the Secretary | 22 | | of State. The adoption of emergency rules authorized by this | 23 | | subsection (z) is deemed to be necessary for the public | 24 | | interest, safety, and welfare. | 25 | | (aa) In order to provide for the expeditious and timely | 26 | | initial implementation of the changes made to Articles 5, 5A, |
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| 1 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 2 | | of Public Act 100-581, the Department of Healthcare and Family | 3 | | Services may adopt emergency rules in accordance with this | 4 | | subsection (aa). The 24-month limitation on the adoption of | 5 | | emergency rules does not apply to rules to initially implement | 6 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 7 | | Public Aid Code adopted under this subsection (aa). The | 8 | | adoption of emergency rules authorized by this subsection (aa) | 9 | | is deemed to be necessary for the public interest, safety, and | 10 | | welfare. | 11 | | (bb) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 100-587, | 13 | | emergency rules to implement the changes made by Public Act | 14 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 15 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 16 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 17 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 18 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 19 | | subsection (b) of Section 74 of the Mental Health and | 20 | | Developmental Disabilities Administrative Act may be adopted | 21 | | in accordance with this subsection (bb) by the respective | 22 | | Department. The adoption of emergency rules authorized by this | 23 | | subsection (bb) is deemed to be necessary for the public | 24 | | interest, safety, and welfare. | 25 | | (cc) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Public Act 100-587, |
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| 1 | | emergency rules may be adopted in accordance with this | 2 | | subsection (cc) to implement the changes made by Public Act | 3 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 4 | | Pension Code by the Board created under Article 14 of the Code; | 5 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 6 | | the Board created under Article 15 of the Code; and Sections | 7 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 8 | | created under Article 16 of the Code. The adoption of emergency | 9 | | rules authorized by this subsection (cc) is deemed to be | 10 | | necessary for the public interest, safety, and welfare. | 11 | | (dd) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 100-864, | 13 | | emergency rules to implement the changes made by Public Act | 14 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 15 | | may be adopted in accordance with this subsection (dd) by the | 16 | | Secretary of State. The adoption of emergency rules authorized | 17 | | by this subsection (dd) is deemed to be necessary for the | 18 | | public interest, safety, and welfare. | 19 | | (ee) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of this amendatory Act of the | 21 | | 100th General Assembly, emergency rules implementing the | 22 | | Illinois Underground Natural Gas Storage Safety Act may be | 23 | | adopted in accordance with this subsection by the Department of | 24 | | Natural Resources. The adoption of emergency rules authorized | 25 | | by this subsection is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (ff) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of this amendatory Act of the | 3 | | 101st General Assembly, emergency rules may be adopted by the | 4 | | Department of Labor in accordance with this subsection (ff) to | 5 | | implement the changes made by this amendatory Act of the 101st | 6 | | General Assembly to the Minimum Wage Law. The adoption of | 7 | | emergency rules authorized by this subsection (ff) is deemed to | 8 | | be necessary for the public interest, safety, and welfare. | 9 | | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | 10 | | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | 11 | | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | 12 | | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | 13 | | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | 14 | | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | 15 | | 8-14-18; 100-1172, eff. 1-4-19.) | 16 | | Section 10. The Illinois Income Tax Act is amended by | 17 | | changing Section 704A as follows: | 18 | | (35 ILCS 5/704A) | 19 | | Sec. 704A. Employer's return and payment of tax withheld. | 20 | | (a) In general, every employer who deducts and withholds or | 21 | | is required to deduct and withhold tax under this Act on or | 22 | | after January 1, 2008 shall make those payments and returns as | 23 | | provided in this Section. | 24 | | (b) Returns. Every employer shall, in the form and manner |
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| 1 | | required by the Department, make returns with respect to taxes | 2 | | withheld or required to be withheld under this Article 7 for | 3 | | each quarter beginning on or after January 1, 2008, on or | 4 | | before the last day of the first month following the close of | 5 | | that quarter. | 6 | | (c) Payments. With respect to amounts withheld or required | 7 | | to be withheld on or after January 1, 2008: | 8 | | (1) Semi-weekly payments. For each calendar year, each | 9 | | employer who withheld or was required to withhold more than | 10 | | $12,000 during the one-year period ending on June 30 of the | 11 | | immediately preceding calendar year, payment must be made: | 12 | | (A) on or before each Friday of the calendar year, | 13 | | for taxes withheld or required to be withheld on the | 14 | | immediately preceding Saturday, Sunday, Monday, or | 15 | | Tuesday; | 16 | | (B) on or before each Wednesday of the calendar | 17 | | year, for taxes withheld or required to be withheld on | 18 | | the immediately preceding Wednesday, Thursday, or | 19 | | Friday. | 20 | | Beginning with calendar year 2011, payments made under | 21 | | this paragraph (1) of subsection (c) must be made by | 22 | | electronic funds transfer. | 23 | | (2) Semi-weekly payments. Any employer who withholds | 24 | | or is required to withhold more than $12,000 in any quarter | 25 | | of a calendar year is required to make payments on the | 26 | | dates set forth under item (1) of this subsection (c) for |
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| 1 | | each remaining quarter of that calendar year and for the | 2 | | subsequent calendar year.
| 3 | | (3) Monthly payments. Each employer, other than an | 4 | | employer described in items (1) or (2) of this subsection, | 5 | | shall pay to the Department, on or before the 15th day of | 6 | | each month the taxes withheld or required to be withheld | 7 | | during the immediately preceding month. | 8 | | (4) Payments with returns. Each employer shall pay to | 9 | | the Department, on or before the due date for each return | 10 | | required to be filed under this Section, any tax withheld | 11 | | or required to be withheld during the period for which the | 12 | | return is due and not previously paid to the Department. | 13 | | (d) Regulatory authority. The Department may, by rule: | 14 | | (1) Permit employers, in lieu of the requirements of | 15 | | subsections (b) and (c), to file annual returns due on or | 16 | | before January 31 of the year for taxes withheld or | 17 | | required to be withheld during the previous calendar year | 18 | | and, if the aggregate amounts required to be withheld by | 19 | | the employer under this Article 7 (other than amounts | 20 | | required to be withheld under Section 709.5) do not exceed | 21 | | $1,000 for the previous calendar year, to pay the taxes | 22 | | required to be shown on each such return no later than the | 23 | | due date for such return. | 24 | | (2) Provide that any payment required to be made under | 25 | | subsection (c)(1) or (c)(2) is deemed to be timely to the | 26 | | extent paid by electronic funds transfer on or before the |
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| 1 | | due date for deposit of federal income taxes withheld from, | 2 | | or federal employment taxes due with respect to, the wages | 3 | | from which the Illinois taxes were withheld. | 4 | | (3) Designate one or more depositories to which payment | 5 | | of taxes required to be withheld under this Article 7 must | 6 | | be paid by some or all employers. | 7 | | (4) Increase the threshold dollar amounts at which | 8 | | employers are required to make semi-weekly payments under | 9 | | subsection (c)(1) or (c)(2). | 10 | | (e) Annual return and payment. Every employer who deducts | 11 | | and withholds or is required to deduct and withhold tax from a | 12 | | person engaged in domestic service employment, as that term is | 13 | | defined in Section 3510 of the Internal Revenue Code, may | 14 | | comply with the requirements of this Section with respect to | 15 | | such employees by filing an annual return and paying the taxes | 16 | | required to be deducted and withheld on or before the 15th day | 17 | | of the fourth month following the close of the employer's | 18 | | taxable year. The Department may allow the employer's return to | 19 | | be submitted with the employer's individual income tax return | 20 | | or to be submitted with a return due from the employer under | 21 | | Section 1400.2 of the Unemployment Insurance Act. | 22 | | (f) Magnetic media and electronic filing. With respect to | 23 | | taxes withheld in calendar years prior to 2017, any W-2 Form | 24 | | that, under the Internal Revenue Code and regulations | 25 | | promulgated thereunder, is required to be submitted to the | 26 | | Internal Revenue Service on magnetic media or electronically |
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| 1 | | must also be submitted to the Department on magnetic media or | 2 | | electronically for Illinois purposes, if required by the | 3 | | Department. | 4 | | With respect to taxes withheld in 2017 and subsequent | 5 | | calendar years, the Department may, by rule, require that any | 6 | | return (including any amended return) under this Section and | 7 | | any W-2 Form that is required to be submitted to the Department | 8 | | must be submitted on magnetic media or electronically. | 9 | | The due date for submitting W-2 Forms shall be as | 10 | | prescribed by the Department by rule. | 11 | | (g) For amounts deducted or withheld after December 31, | 12 | | 2009, a taxpayer who makes an election under subsection (f) of | 13 | | Section 5-15 of the Economic Development for a Growing Economy | 14 | | Tax Credit Act for a taxable year shall be allowed a credit | 15 | | against payments due under this Section for amounts withheld | 16 | | during the first calendar year beginning after the end of that | 17 | | taxable year equal to the amount of the credit for the | 18 | | incremental income tax attributable to full-time employees of | 19 | | the taxpayer awarded to the taxpayer by the Department of | 20 | | Commerce and Economic Opportunity under the Economic | 21 | | Development for a Growing Economy Tax Credit Act for the | 22 | | taxable year and credits not previously claimed and allowed to | 23 | | be carried forward under Section 211(4) of this Act as provided | 24 | | in subsection (f) of Section 5-15 of the Economic Development | 25 | | for a Growing Economy Tax Credit Act. The credit or credits may | 26 | | not reduce the taxpayer's obligation for any payment due under |
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| 1 | | this Section to less than zero. If the amount of the credit or | 2 | | credits exceeds the total payments due under this Section with | 3 | | respect to amounts withheld during the calendar year, the | 4 | | excess may be carried forward and applied against the | 5 | | taxpayer's liability under this Section in the succeeding | 6 | | calendar years as allowed to be carried forward under paragraph | 7 | | (4) of Section 211 of this Act. The credit or credits shall be | 8 | | applied to the earliest year for which there is a tax | 9 | | liability. If there are credits from more than one taxable year | 10 | | that are available to offset a liability, the earlier credit | 11 | | shall be applied first. Each employer who deducts and withholds | 12 | | or is required to deduct and withhold tax under this Act and | 13 | | who retains income tax withholdings under subsection (f) of | 14 | | Section 5-15 of the Economic Development for a Growing Economy | 15 | | Tax Credit Act must make a return with respect to such taxes | 16 | | and retained amounts in the form and manner that the | 17 | | Department, by rule, requires and pay to the Department or to a | 18 | | depositary designated by the Department those withheld taxes | 19 | | not retained by the taxpayer. For purposes of this subsection | 20 | | (g), the term taxpayer shall include taxpayer and members of | 21 | | the taxpayer's unitary business group as defined under | 22 | | paragraph (27) of subsection (a) of Section 1501 of this Act. | 23 | | This Section is exempt from the provisions of Section 250 of | 24 | | this Act. No credit awarded under the Economic Development for | 25 | | a Growing Economy Tax Credit Act for agreements entered into on | 26 | | or after January 1, 2015 may be credited against payments due |
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| 1 | | under this Section. | 2 | | (h) An employer may claim a credit against payments due | 3 | | under this Section for amounts withheld during the first | 4 | | calendar year ending after the date on which a tax credit | 5 | | certificate was issued under Section 35 of the Small Business | 6 | | Job Creation Tax Credit Act. The credit shall be equal to the | 7 | | amount shown on the certificate, but may not reduce the | 8 | | taxpayer's obligation for any payment due under this Section to | 9 | | less than zero. If the amount of the credit exceeds the total | 10 | | payments due under this Section with respect to amounts | 11 | | withheld during the calendar year, the excess may be carried | 12 | | forward and applied against the taxpayer's liability under this | 13 | | Section in the 5 succeeding calendar years. The credit shall be | 14 | | applied to the earliest year for which there is a tax | 15 | | liability. If there are credits from more than one calendar | 16 | | year that are available to offset a liability, the earlier | 17 | | credit shall be applied first. This Section is exempt from the | 18 | | provisions of Section 250 of this Act. | 19 | | (i) Each employer with 50 or fewer full-time equivalent | 20 | | employees during the reporting period may claim a credit | 21 | | against the payments due under this Section for each qualified | 22 | | employee in an amount equal to the maximum credit allowable. | 23 | | The credit may be taken against payments due for reporting | 24 | | periods that begin on or after January 1, 2020, and end on or | 25 | | before December 31, 2027. An employer may not claim a credit | 26 | | for an employee who has worked fewer than 90 consecutive days |
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| 1 | | immediately preceding the reporting period; however, such | 2 | | credits may accrue during that 90-day period and be claimed | 3 | | against payments under this Section for future reporting | 4 | | periods after the employee has worked for the employer at least | 5 | | 90 consecutive days. In no event may the credit exceed the | 6 | | employer's liability for the reporting period. Each employer | 7 | | who deducts and withholds or is required to deduct and withhold | 8 | | tax under this Act and who retains income tax withholdings | 9 | | under this subsection must make a return with respect to such | 10 | | taxes and retained amounts in the form and manner that the | 11 | | Department, by rule, requires and pay to the Department or to a | 12 | | depositary designated by the Department those withheld taxes | 13 | | not retained by the employer. | 14 | | For each reporting period, the employer may not claim a | 15 | | credit or credits for more employees than the number of | 16 | | employees making less than the minimum or reduced wage for the | 17 | | current calendar year during the last reporting period of the | 18 | | preceding calendar year. Notwithstanding any other provision | 19 | | of this subsection, an employer shall not be eligible for | 20 | | credits for a reporting period unless the average wage paid by | 21 | | the employer per employee for all employees making less than | 22 | | $55,000 during the reporting period is greater than the average | 23 | | wage paid by the employer per employee for all employees making | 24 | | less than $55,000 during the same reporting period of the prior | 25 | | calendar year. | 26 | | For purposes of this subsection (i): |
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| 1 | | "Compensation paid in Illinois" has the meaning ascribed to | 2 | | that term under Section 304(a)(2)(B) of this Act. | 3 | | "Employer" and "employee" have the meaning ascribed to | 4 | | those terms in the Minimum Wage Law, except that "employee" | 5 | | also includes employees who work for an employer with fewer | 6 | | than 4 employees. Employers that operate more than one | 7 | | establishment pursuant to a franchise agreement or that | 8 | | constitute members of a unitary business group shall aggregate | 9 | | their employees for purposes of determining eligibility for the | 10 | | credit. | 11 | | "Full-time equivalent employees" means the ratio of the | 12 | | number of paid hours during the reporting period and the number | 13 | | of working hours in that period. | 14 | | "Maximum credit" means the percentage listed below of the | 15 | | difference between the amount of compensation paid in Illinois | 16 | | to employees who are paid not more than the required minimum | 17 | | wage reduced by the amount of compensation paid in Illinois to | 18 | | employees who were paid less than the current required minimum | 19 | | wage during the reporting period prior to each increase in the | 20 | | required minimum wage on January 1. If an employer pays an | 21 | | employee more than the required minimum wage and that employee | 22 | | previously earned less than the required minimum wage, the | 23 | | employer may include the portion that does not exceed the | 24 | | required minimum wage as compensation paid in Illinois to | 25 | | employees who are paid not more than the required minimum wage. | 26 | | (1) 25% for reporting periods beginning on or after |
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| 1 | | January 1, 2020 and ending on or before December 31, 2020; | 2 | | (2) 21% for reporting periods beginning on or after | 3 | | January 1, 2021 and ending on or before December 31, 2021; | 4 | | (3) 17% for reporting periods beginning on or after | 5 | | January 1, 2022 and ending on or before December 31, 2022; | 6 | | (4) 13% for reporting periods beginning on or after | 7 | | January 1, 2023 and ending on or before December 31, 2023; | 8 | | (5) 9% for reporting periods beginning on or after | 9 | | January 1, 2024 and ending on or before December 31, 2024; | 10 | | (6) 5% for reporting periods beginning on or after | 11 | | January 1, 2025 and ending on or before December 31, 2025. | 12 | | The amount computed under this subsection may continue to | 13 | | be claimed for reporting periods beginning on or after January | 14 | | 1, 2026 and: | 15 | | (A) ending on or before December 31, 2026 for employers | 16 | | with more than 5 employees; or | 17 | | (B) ending on or before December 31, 2027 for employers | 18 | | with no more than 5 employees. | 19 | | "Qualified employee" means an employee who is paid not more | 20 | | than the required minimum wage and has an average wage paid per | 21 | | hour by the employer during the reporting period equal to or | 22 | | greater than his or her average wage paid per hour by the | 23 | | employer during each reporting period for the immediately | 24 | | preceding 12 months. A new qualified employee is deemed to have | 25 | | earned the required minimum wage in the preceding reporting | 26 | | period. |
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| 1 | | "Reporting period" means the quarter for which a return is | 2 | | required to be filed under subsection (b) of this Section. | 3 | | (Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17; | 4 | | 100-863, eff. 8-14-18.) | 5 | | Section 15. The Minimum Wage Law is amended by changing | 6 | | Sections 4, 7, 10, 11, and 12 as follows:
| 7 | | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| 8 | | Sec. 4. (a)(1) Every employer shall pay to each of his | 9 | | employees in every
occupation wages of not less than $2.30 per | 10 | | hour or in the case of
employees under 18 years of age wages of | 11 | | not less than $1.95 per hour,
except as provided in Sections 5 | 12 | | and 6 of this Act, and on and after
January 1, 1984, every | 13 | | employer shall pay to each of his employees in every
occupation | 14 | | wages of not less than $2.65 per hour or in the case of
| 15 | | employees under 18 years of age wages of not less than $2.25 | 16 | | per hour, and
on and after October 1, 1984 every employer shall | 17 | | pay to each of his
employees in every occupation wages of not | 18 | | less than $3.00 per hour or in
the case of employees under 18 | 19 | | years of age wages of not less than $2.55
per hour, and on or | 20 | | after July 1, 1985 every employer shall pay to each of
his | 21 | | employees in every occupation wages of not less than $3.35 per | 22 | | hour or
in the case of employees under 18 years of age wages of | 23 | | not less than $2.85
per hour,
and from January 1, 2004 through | 24 | | December 31, 2004 every employer shall pay
to
each of his or |
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| 1 | | her employees who is 18 years of age or older in every
| 2 | | occupation wages of not less than $5.50 per hour, and from
| 3 | | January 1,
2005 through June 30, 2007 every employer shall pay | 4 | | to each of his or her employees who is 18 years
of age or older | 5 | | in every occupation wages of not less than $6.50 per hour, and | 6 | | from July 1, 2007 through June 30, 2008 every employer shall | 7 | | pay to each of his or her employees who is 18 years
of age or | 8 | | older in every occupation wages of not less than $7.50 per | 9 | | hour, and from July 1, 2008 through June 30, 2009 every | 10 | | employer shall pay to each of his or her employees who is 18 | 11 | | years
of age or older in every occupation wages of not less | 12 | | than $7.75 per hour, and from July 1, 2009 through June 30, | 13 | | 2010 every employer shall pay to each of his or her employees | 14 | | who is 18 years
of age or older in every occupation wages of | 15 | | not less than $8.00 per hour, and from on and after July 1, | 16 | | 2010 through December 31, 2019 every employer shall pay to each | 17 | | of his or her employees who is 18 years of age or older in every | 18 | | occupation wages of not less than $8.25 per hour , and from
| 19 | | January 1, 2020 through June 30, 2020, every employer shall pay | 20 | | to each of his or her employees who is 18 years of age or older | 21 | | in every occupation wages of not less than $9.25 per hour, and | 22 | | from July 1, 2020 through December 31, 2020 every employer | 23 | | shall pay
to each of his or her employees who is 18 years of age | 24 | | or older
in every occupation wages of not less than $10 per | 25 | | hour, and
from January 1, 2021 through December 31, 2021 every | 26 | | employer shall
pay to each of his or her employees who is 18 |
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| 1 | | years of age or
older in every occupation wages of not less | 2 | | than $11 per hour,
and from January 1, 2022 through December | 3 | | 31, 2022 every employer
shall pay to each of his or her | 4 | | employees who is 18 years of age
or older in every occupation | 5 | | wages of not less than $12 per
hour, and from January 1, 2023 | 6 | | through December 31, 2023 every
employer shall pay to each of | 7 | | his or her employees who is 18
years of age or older in every | 8 | | occupation wages of not less
than $13 per hour, and from | 9 | | January 1, 2024 through December 31, 2024, every employer shall | 10 | | pay to each of his or her employees who is 18 years of age or | 11 | | older in every occupation wages of not less than $14 per hour; | 12 | | and on and after January 1, 2025, every
employer shall pay to | 13 | | each of his or her employees who is 18
years of age or older in | 14 | | every occupation wages of not less
than $15 per hour .
| 15 | | (2) Unless an employee's wages are reduced under Section 6, | 16 | | then in lieu of the rate prescribed in item (1) of this | 17 | | subsection (a), an employer may pay an employee who is 18 years | 18 | | of age or older, during the first 90 consecutive calendar days | 19 | | after the employee is initially employed by the employer, a | 20 | | wage that is not more than 50˘
less than the wage prescribed in | 21 | | item (1) of this subsection (a); however, an employer shall pay | 22 | | not less than the rate prescribed in item (1) of this | 23 | | subsection (a) to: | 24 | | (A) a day or temporary laborer, as defined in Section 5 | 25 | | of the Day and Temporary Labor Services Act, who is 18 | 26 | | years of age or older; and |
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| 1 | | (B) an employee who is 18 years of age or older and | 2 | | whose employment is occasional or irregular and
requires | 3 | | not more than 90 days to complete. | 4 | | (3) At no time on or before December 31, 2019
shall the | 5 | | wages paid to any employee under 18 years of age be more than | 6 | | 50˘
less than the wage required to be paid to employees who are | 7 | | at least 18 years
of age under item (1) of this subsection (a). | 8 | | Beginning on January 1, 2020, every employer shall pay
to each | 9 | | of his or her employees who is under 18 years of age
that has | 10 | | worked more than 650 hours for the employer during any
calendar | 11 | | year a wage not less than the wage required for
employees who | 12 | | are 18 years of age or older under paragraph (1)
of subsection | 13 | | (a) of Section 4 of this Act. Every employer
shall pay to each | 14 | | of his or her employees who is under 18 years
of age that has | 15 | | not worked more than 650 hours for the employer
during any | 16 | | calendar year: (1) $8 per hour from January 1, 2020
through | 17 | | December 31, 2020; (2) $8.50 per hour from January 1, 2021
| 18 | | through December 31, 2021; (3) $9.25 per hour from January 1, | 19 | | 2022
through December 31, 2022; (4) $10.50 per hour from | 20 | | January 1, 2023
through December 31, 2023; (5) $12 per hour | 21 | | from January
1, 2024 through December 31, 2024; and (6) $13 per | 22 | | hour on and after January 1, 2025.
| 23 | | (b) No employer shall discriminate between employees on the | 24 | | basis of sex
or mental or physical disability, except as | 25 | | otherwise provided in this Act by
paying wages to employees at | 26 | | a rate less than the rate at which he pays
wages to employees |
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| 1 | | for the same or substantially
similar work on jobs the | 2 | | performance of which requires equal skill, effort,
and | 3 | | responsibility, and which are performed under similar working
| 4 | | conditions, except where such payment is made pursuant to (1) a | 5 | | seniority
system; (2) a merit system; (3) a system which | 6 | | measures earnings by
quantity or quality of production; or (4) | 7 | | a differential based on any other
factor other than sex or | 8 | | mental or physical disability, except as otherwise
provided in | 9 | | this Act.
| 10 | | (c) Every employer of an employee engaged in an
occupation | 11 | | in which gratuities have customarily and usually constituted | 12 | | and
have been recognized as part of the remuneration for hire | 13 | | purposes is
entitled to an allowance for gratuities as part of | 14 | | the hourly wage rate
provided in Section 4, subsection (a) in | 15 | | an amount not to exceed 40% of the
applicable minimum wage | 16 | | rate. The Director shall require each employer
desiring an | 17 | | allowance for gratuities to provide substantial evidence that
| 18 | | the amount claimed, which may not exceed 40% of the applicable | 19 | | minimum wage
rate, was received by the employee in the period | 20 | | for which the claim of
exemption is made, and no part thereof | 21 | | was returned to the employer.
| 22 | | (d) No camp counselor who resides on the premises of a | 23 | | seasonal camp of
an organized not-for-profit corporation shall | 24 | | be subject to the adult minimum
wage if the camp counselor (1) | 25 | | works 40 or more hours per week, and (2)
receives a total | 26 | | weekly salary of not less than the adult minimum
wage for a |
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| 1 | | 40-hour week. If the counselor works less than 40 hours per
| 2 | | week, the counselor shall be paid the minimum hourly wage for | 3 | | each hour
worked. Every employer of a camp counselor under this | 4 | | subsection is entitled
to an allowance for meals and lodging as | 5 | | part of the hourly wage rate provided
in Section 4, subsection | 6 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 7 | | (e) A camp counselor employed at a day camp is not subject | 8 | | to the adult minimum wage if the
camp counselor is paid a | 9 | | stipend on a onetime or periodic basis and, if
the camp | 10 | | counselor is a minor, the minor's parent, guardian or other
| 11 | | custodian has consented in writing to the terms of payment | 12 | | before the
commencement of such employment.
| 13 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 14 | | (820 ILCS 105/7) (from Ch. 48, par. 1007)
| 15 | | Sec. 7. The Director or his authorized representatives have | 16 | | the authority to:
| 17 | | (a) Investigate and gather data regarding the wages, hours | 18 | | and other
conditions and practices of employment in any | 19 | | industry subject to this Act,
and may enter and inspect such | 20 | | places and such records (and make such
transcriptions thereof) | 21 | | at reasonable times during regular business hours,
not | 22 | | including lunch time at a restaurant, question such employees, | 23 | | and
investigate such facts, conditions, practices or matters as | 24 | | he may deem
necessary or appropriate to determine whether any | 25 | | person has violated any
provision of this Act, or which may aid |
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| 1 | | in the enforcement of this Act.
| 2 | | (b) Require from any employer full and correct statements | 3 | | and reports in
writing, including sworn statements, at such | 4 | | times as the Director may deem
necessary, of the wages, hours, | 5 | | names, addresses, and other information
pertaining to his | 6 | | employees as he may deem necessary for the enforcement of
this | 7 | | Act.
| 8 | | (c) Require by subpoena the attendance and testimony of | 9 | | witnesses and the production of all books, records, and other | 10 | | evidence relative to a matter under investigation or hearing. | 11 | | The subpoena shall be signed and issued by the Director or his | 12 | | or her authorized representative. If a person fails to comply | 13 | | with any subpoena lawfully issued under this Section or a | 14 | | witness refuses to produce evidence or testify to any matter | 15 | | regarding which he or she may be lawfully interrogated, the | 16 | | court may, upon application of the Director or his or her | 17 | | authorized representative, compel obedience by proceedings for | 18 | | contempt.
| 19 | | (d) Make random audits of employers in any industry subject | 20 | | to this Act to determine compliance with this Act. | 21 | | (Source: P.A. 94-1025, eff. 7-14-06.)
| 22 | | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| 23 | | Sec. 10.
(a) The Director shall make and revise | 24 | | administrative regulations,
including definitions of terms, as | 25 | | he deems appropriate to carry out the
purposes of this Act, to |
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| 1 | | prevent the circumvention or evasion thereof, and
to safeguard | 2 | | the minimum wage established by the Act. Regulations governing
| 3 | | employment of learners may be issued only after notice and | 4 | | opportunity for
public hearing, as provided in subsection (c) | 5 | | of this Section.
| 6 | | (b) In order to prevent curtailment of opportunities for | 7 | | employment,
avoid undue hardship, and safeguard the minimum | 8 | | wage rate under this Act,
the Director may also issue | 9 | | regulations providing for the employment of
workers with | 10 | | disabilities at wages lower than the wage rate applicable under | 11 | | this
Act, under permits and for such periods of time as | 12 | | specified therein; and
providing for the employment of learners | 13 | | at wages lower than the wage rate
applicable under this Act. | 14 | | However, such regulation shall not permit lower
wages for | 15 | | persons with disabilities on any basis that is unrelated to | 16 | | such person's
ability resulting from his disability, and such | 17 | | regulation may be issued only
after notice and opportunity for | 18 | | public hearing as provided in subsection
(c) of this Section.
| 19 | | (c) Prior to the adoption, amendment or repeal of any rule | 20 | | or regulation
by the Director under this Act, except | 21 | | regulations which concern only the
internal management of the | 22 | | Department of Labor and do not affect any public
right provided | 23 | | by this Act, the Director shall give proper notice to
persons | 24 | | in any industry or occupation that may be affected by the | 25 | | proposed
rule or regulation, and hold a public hearing on his | 26 | | proposed action at
which any such affected person, or his duly |
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| 1 | | authorized representative, may
attend and testify or present | 2 | | other evidence for or against such proposed
rule or regulation. | 3 | | Rules and regulations adopted under this Section shall
be filed | 4 | | with the Secretary of State in compliance with "An Act | 5 | | concerning
administrative rules", as now or hereafter amended. | 6 | | Such adopted and filed
rules and regulations shall become | 7 | | effective 10 days after copies thereof
have been mailed by the | 8 | | Department to persons in industries affected
thereby at their | 9 | | last known address.
| 10 | | (d) The commencement of proceedings by any person aggrieved | 11 | | by an
administrative regulation issued under this Act does not, | 12 | | unless
specifically ordered by the Court, operate as a stay of | 13 | | that administrative
regulation against other persons. The | 14 | | Court shall not grant any stay of an
administrative regulation | 15 | | unless the person complaining of such regulation
files in the | 16 | | Court an undertaking with a surety or sureties satisfactory to
| 17 | | the Court for the payment to the employees affected by the | 18 | | regulation, in
the event such regulation is affirmed, of the | 19 | | amount by which the
compensation such employees are entitled to | 20 | | receive under the regulation
exceeds the compensation they | 21 | | actually receive while such stay is in
effect. | 22 | | (e) The Department may adopt emergency rules in
accordance | 23 | | with Section 5-45 of the Illinois Administrative
Procedure Act | 24 | | to implement the changes made by this amendatory Act of the | 25 | | 101st General Assembly.
| 26 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 1 | | (820 ILCS 105/11) (from Ch. 48, par. 1011)
| 2 | | Sec. 11.
(a) Any employer or his agent, or the officer or | 3 | | agent of any private
employer who:
| 4 | | (1) hinders or delays the Director or his authorized | 5 | | representative in
the performance of his duties in the | 6 | | enforcement of this Act; or
| 7 | | (2) refuses to admit the Director or his authorized | 8 | | representative to
any place of employment; or
| 9 | | (3) fails to keep the records required under this Act | 10 | | or to furnish such
records required or any information to | 11 | | be furnished under this Act to the
Director or his | 12 | | authorized representative upon request; or
| 13 | | (4) fails to make and preserve any records as required | 14 | | hereunder; or
| 15 | | (5) falsifies any such record; or
| 16 | | (6) refuses to make such records available to the | 17 | | Director or his
authorized representative; or
| 18 | | (7) refuses to furnish a sworn statement of such | 19 | | records or any other
information required for the proper | 20 | | enforcement of this Act; or
| 21 | | (8) fails to post a summary of this Act or a copy of | 22 | | any applicable
regulation as required by Section 9 of this | 23 | | Act; | 24 | | shall be guilty of a
Class B misdemeanor; and each day of such | 25 | | failure to keep the records required under
this Act or to |
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| 1 | | furnish such records or information to the Director or his
| 2 | | authorized representative or to fail to post information as | 3 | | required herein
constitutes a separate offense. Any such | 4 | | employer who fails to keep payroll records as required by this | 5 | | Act shall be liable to the Department for a penalty of $100 per | 6 | | impacted employee, payable to the Department's Wage Theft | 7 | | Enforcement Fund.
| 8 | | (b) Any employer or his agent, or the officer or agent of | 9 | | any private
employer, who pays or agrees to pay to any employee | 10 | | wages at a rate less
than the rate applicable under this Act or | 11 | | of any regulation issued under
this Act is guilty of a Class B | 12 | | misdemeanor, and each week on any day of
which such employee is | 13 | | paid less than the wage rate applicable under this
Act | 14 | | constitutes a separate offense.
| 15 | | (c) Any employer or his agent, or the officer or agent of | 16 | | any private
employer, who discharges or in any other manner | 17 | | discriminates against any
employee because that employee has | 18 | | made a complaint to his employer, or to
the Director or his | 19 | | authorized representative, that he has not been paid
wages in | 20 | | accordance with the provisions of this Act, or because that
| 21 | | employee has caused to be instituted or is about to cause to be | 22 | | instituted
any proceeding under or related to this Act, or | 23 | | because that employee has
testified or is about to testify in | 24 | | an investigation or proceeding under
this Act, is guilty of a | 25 | | Class B misdemeanor.
| 26 | | (d) It is the duty of the Department of Labor to inquire |
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| 1 | | diligently for
any violations of this Act, and to institute the | 2 | | action for penalties
herein provided, and to enforce generally | 3 | | the provisions of this Act.
| 4 | | (Source: P.A. 86-799 .)
| 5 | | (820 ILCS 105/12) (from Ch. 48, par. 1012)
| 6 | | Sec. 12. (a) If any employee is paid by his employer less | 7 | | than the wage
to which he is entitled under the provisions of | 8 | | this Act, the employee may
recover in a civil
action treble the | 9 | | amount of any such underpayments together with costs and such
| 10 | | reasonable attorney's fees as may be allowed by the Court, and | 11 | | damages of 5% 2% of the amount of any such underpayments for | 12 | | each month following the date of payment during which such | 13 | | underpayments remain unpaid. Any
agreement between the | 14 | | employee and the employer to work for less than such wage is
no | 15 | | defense to such action. At the request of the employee or on | 16 | | motion
of the Director of Labor, the
Department of Labor may | 17 | | make an assignment of such wage claim in trust for
the | 18 | | assigning employee and may bring any legal action necessary to | 19 | | collect
such claim, and the employer shall be required to pay | 20 | | the costs incurred in
collecting such claim. Every such action | 21 | | shall be brought within
3 years from the date of the | 22 | | underpayment. Such employer shall be liable
to the Department | 23 | | of Labor for up to 20% of the total employer's underpayment
| 24 | | where the employer's conduct is proven by a preponderance of | 25 | | the evidence to be willful, repeated, or with reckless |
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| 1 | | disregard of this Act or any rule adopted under this Act. Such | 2 | | employer shall be liable to the Department for an additional | 3 | | penalty of $1,500, payable to the Department's Wage Theft | 4 | | Enforcement Fund. Such employer shall be additionally
liable to | 5 | | the employee for damages in the amount of 5% 2% of the amount
| 6 | | of any such underpayments for each month following the date of | 7 | | payment
during which such underpayments
remain unpaid. These | 8 | | penalties and damages may be recovered in a
civil action | 9 | | brought by the Director of Labor in any circuit court. In any
| 10 | | such action, the Director of Labor shall be represented by the | 11 | | Attorney
General.
| 12 | | If an employee collects damages of 5% 2% of the amount
of | 13 | | underpayments as a result of an action brought by the Director | 14 | | of Labor, the employee may not also collect those damages in a | 15 | | private action brought by the employee for the same violation. | 16 | | If an employee collects damages of 5% 2% of the amount
of | 17 | | underpayments in a private action brought by the employee, the | 18 | | employee may not also collect those damages as a result of an | 19 | | action brought by the Director of Labor for the same violation.
| 20 | | (b) If an employee has not collected damages under | 21 | | subsection (a) for the same violation, the Director is | 22 | | authorized to supervise the payment of the unpaid
minimum wages | 23 | | and the unpaid overtime compensation owing to any employee
or | 24 | | employees under Sections 4 and 4a of this Act and may bring any | 25 | | legal
action necessary to recover the amount of the unpaid | 26 | | minimum wages and unpaid
overtime compensation and an equal |
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| 1 | | additional amount as
damages,
and the employer shall be | 2 | | required to pay the costs incurred in collecting such claim. | 3 | | Such employer shall be additionally liable to the Department of | 4 | | Labor for up to 20% of the total employer's underpayment where | 5 | | the employer's conduct is proven by a preponderance of the | 6 | | evidence to be willful, repeated, or with reckless disregard of | 7 | | this Act or any rule adopted under this Act. Such employer | 8 | | shall be liable to the Department of Labor for an additional | 9 | | penalty of $1,500, payable to the Department's Wage Theft | 10 | | Enforcement Fund.
The action shall be brought within 5 years | 11 | | from the date of the failure to
pay
the wages or compensation.
| 12 | | Any sums thus recovered
by the Director on behalf of an | 13 | | employee pursuant to this subsection shall
be paid to the | 14 | | employee or employees affected. Any sums which, more than one
| 15 | | year after being thus recovered, the Director is unable to pay | 16 | | to
an employee shall be deposited into the General Revenue | 17 | | Fund.
| 18 | | (Source: P.A. 94-1025, eff. 7-14-06.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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