Bill Amendment: IL SB0001 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MINIMUM WAGE/INCOME TAX CREDIT
Status: 2019-02-19 - Public Act . . . . . . . . . 101-0001 [SB0001 Detail]
Download: Illinois-2019-SB0001-Senate_Amendment_001.html
Bill Title: MINIMUM WAGE/INCOME TAX CREDIT
Status: 2019-02-19 - Public Act . . . . . . . . . 101-0001 [SB0001 Detail]
Download: Illinois-2019-SB0001-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1
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2 | AMENDMENT NO. ______. Amend Senate Bill 1 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Lifting Up | ||||||
5 | Illinois Working Families Act.
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6 | Section 5. The Illinois Administrative Procedure Act is | ||||||
7 | amended by changing Section 5-45 as follows:
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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
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1 | finding, the agency may adopt an emergency rule without prior | ||||||
2 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
3 | with the Secretary of
State under Section 5-70. The notice | ||||||
4 | shall include the text of the
emergency rule and shall be | ||||||
5 | published in the Illinois Register. Consent
orders or other | ||||||
6 | court orders adopting settlements negotiated by an agency
may | ||||||
7 | be adopted under this Section. Subject to applicable | ||||||
8 | constitutional or
statutory provisions, an emergency rule | ||||||
9 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
10 | at a stated date less than 10 days
thereafter. The agency's | ||||||
11 | finding and a statement of the specific reasons
for the finding | ||||||
12 | shall be filed with the rule. The agency shall take
reasonable | ||||||
13 | and appropriate measures to make emergency rules known to the
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14 | persons who may be affected by them. | ||||||
15 | (c) An emergency rule may be effective for a period of not | ||||||
16 | longer than
150 days, but the agency's authority to adopt an | ||||||
17 | identical rule under Section
5-40 is not precluded. No | ||||||
18 | emergency rule may be adopted more
than once in any 24-month | ||||||
19 | period, except that this limitation on the number
of emergency | ||||||
20 | rules that may be adopted in a 24-month period does not apply
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21 | to (i) emergency rules that make additions to and deletions | ||||||
22 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
23 | Public Aid Code or the
generic drug formulary under Section | ||||||
24 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
25 | emergency rules adopted by the Pollution Control
Board before | ||||||
26 | July 1, 1997 to implement portions of the Livestock Management
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1 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
2 | Department of Public Health under subsections (a) through (i) | ||||||
3 | of Section 2 of the Department of Public Health Act when | ||||||
4 | necessary to protect the public's health, (iv) emergency rules | ||||||
5 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
6 | emergency rules adopted pursuant to subsection (o) of this | ||||||
7 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
8 | (c-5) of this Section. Two or more emergency rules having | ||||||
9 | substantially the same
purpose and effect shall be deemed to be | ||||||
10 | a single rule for purposes of this
Section. | ||||||
11 | (c-5) To facilitate the maintenance of the program of group | ||||||
12 | health benefits provided to annuitants, survivors, and retired | ||||||
13 | employees under the State Employees Group Insurance Act of | ||||||
14 | 1971, rules to alter the contributions to be paid by the State, | ||||||
15 | annuitants, survivors, retired employees, or any combination | ||||||
16 | of those entities, for that program of group health benefits, | ||||||
17 | shall be adopted as emergency rules. The adoption of those | ||||||
18 | rules shall be considered an emergency and necessary for the | ||||||
19 | public interest, safety, and welfare. | ||||||
20 | (d) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 1999 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
23 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
24 | may be adopted in
accordance with this Section by the agency | ||||||
25 | charged with administering that
provision or initiative, | ||||||
26 | except that the 24-month limitation on the adoption
of |
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1 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
2 | do not apply
to rules adopted under this subsection (d). The | ||||||
3 | adoption of emergency rules
authorized by this subsection (d) | ||||||
4 | shall be deemed to be necessary for the
public interest, | ||||||
5 | safety, and welfare. | ||||||
6 | (e) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2000 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act 91-24
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9 | or any other budget initiative for fiscal year 2000 may be | ||||||
10 | adopted in
accordance with this Section by the agency charged | ||||||
11 | with administering that
provision or initiative, except that | ||||||
12 | the 24-month limitation on the adoption
of emergency rules and | ||||||
13 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
14 | rules adopted under this subsection (e). The adoption of | ||||||
15 | emergency rules
authorized by this subsection (e) shall be | ||||||
16 | deemed to be necessary for the
public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | (f) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2001 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 91-712
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21 | or any other budget initiative for fiscal year 2001 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (f). The adoption of |
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1 | emergency rules
authorized by this subsection (f) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (g) In order to provide for the expeditious and timely | ||||||
5 | implementation
of the State's fiscal year 2002 budget, | ||||||
6 | emergency rules to implement any
provision of Public Act 92-10
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7 | or any other budget initiative for fiscal year 2002 may be | ||||||
8 | adopted in
accordance with this Section by the agency charged | ||||||
9 | with administering that
provision or initiative, except that | ||||||
10 | the 24-month limitation on the adoption
of emergency rules and | ||||||
11 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
12 | rules adopted under this subsection (g). The adoption of | ||||||
13 | emergency rules
authorized by this subsection (g) shall be | ||||||
14 | deemed to be necessary for the
public interest, safety, and | ||||||
15 | welfare. | ||||||
16 | (h) In order to provide for the expeditious and timely | ||||||
17 | implementation
of the State's fiscal year 2003 budget, | ||||||
18 | emergency rules to implement any
provision of Public Act 92-597
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19 | or any other budget initiative for fiscal year 2003 may be | ||||||
20 | adopted in
accordance with this Section by the agency charged | ||||||
21 | with administering that
provision or initiative, except that | ||||||
22 | the 24-month limitation on the adoption
of emergency rules and | ||||||
23 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
24 | rules adopted under this subsection (h). The adoption of | ||||||
25 | emergency rules
authorized by this subsection (h) shall be | ||||||
26 | deemed to be necessary for the
public interest, safety, and |
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1 | welfare. | ||||||
2 | (i) In order to provide for the expeditious and timely | ||||||
3 | implementation
of the State's fiscal year 2004 budget, | ||||||
4 | emergency rules to implement any
provision of Public Act 93-20
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5 | or any other budget initiative for fiscal year 2004 may be | ||||||
6 | adopted in
accordance with this Section by the agency charged | ||||||
7 | with administering that
provision or initiative, except that | ||||||
8 | the 24-month limitation on the adoption
of emergency rules and | ||||||
9 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
10 | rules adopted under this subsection (i). The adoption of | ||||||
11 | emergency rules
authorized by this subsection (i) shall be | ||||||
12 | deemed to be necessary for the
public interest, safety, and | ||||||
13 | welfare. | ||||||
14 | (j) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
17 | Implementation (Human Services) Act, emergency rules to | ||||||
18 | implement any provision of the Fiscal Year 2005 Budget | ||||||
19 | Implementation (Human Services) Act may be adopted in | ||||||
20 | accordance with this Section by the agency charged with | ||||||
21 | administering that provision, except that the 24-month | ||||||
22 | limitation on the adoption of emergency rules and the | ||||||
23 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
24 | adopted under this subsection (j). The Department of Public Aid | ||||||
25 | may also adopt rules under this subsection (j) necessary to | ||||||
26 | administer the Illinois Public Aid Code and the Children's |
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1 | Health Insurance Program Act. The adoption of emergency rules | ||||||
2 | authorized by this subsection (j) shall be deemed to be | ||||||
3 | necessary for the public interest, safety, and welfare.
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4 | (k) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2006 budget, emergency rules to implement any provision of | ||||||
7 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
8 | 2006 may be adopted in accordance with this Section by the | ||||||
9 | agency charged with administering that provision or | ||||||
10 | initiative, except that the 24-month limitation on the adoption | ||||||
11 | of emergency rules and the provisions of Sections 5-115 and | ||||||
12 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
13 | The Department of Healthcare and Family Services may also adopt | ||||||
14 | rules under this subsection (k) necessary to administer the | ||||||
15 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
16 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
17 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
18 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
19 | Children's Health Insurance Program Act. The adoption of | ||||||
20 | emergency rules authorized by this subsection (k) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare.
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23 | (l) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of the
State's fiscal year | ||||||
25 | 2007 budget, the Department of Healthcare and Family Services | ||||||
26 | may adopt emergency rules during fiscal year 2007, including |
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1 | rules effective July 1, 2007, in
accordance with this | ||||||
2 | subsection to the extent necessary to administer the | ||||||
3 | Department's responsibilities with respect to amendments to | ||||||
4 | the State plans and Illinois waivers approved by the federal | ||||||
5 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
6 | requirements of Title XIX and Title XXI of the federal Social | ||||||
7 | Security Act. The adoption of emergency rules
authorized by | ||||||
8 | this subsection (l) shall be deemed to be necessary for the | ||||||
9 | public interest,
safety, and welfare.
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10 | (m) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of the
State's fiscal year | ||||||
12 | 2008 budget, the Department of Healthcare and Family Services | ||||||
13 | may adopt emergency rules during fiscal year 2008, including | ||||||
14 | rules effective July 1, 2008, in
accordance with this | ||||||
15 | subsection to the extent necessary to administer the | ||||||
16 | Department's responsibilities with respect to amendments to | ||||||
17 | the State plans and Illinois waivers approved by the federal | ||||||
18 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
19 | requirements of Title XIX and Title XXI of the federal Social | ||||||
20 | Security Act. The adoption of emergency rules
authorized by | ||||||
21 | this subsection (m) shall be deemed to be necessary for the | ||||||
22 | public interest,
safety, and welfare.
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23 | (n) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of the State's fiscal year | ||||||
25 | 2010 budget, emergency rules to implement any provision of | ||||||
26 | Public Act 96-45 or any other budget initiative authorized by |
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1 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
2 | in accordance with this Section by the agency charged with | ||||||
3 | administering that provision or initiative. The adoption of | ||||||
4 | emergency rules authorized by this subsection (n) shall be | ||||||
5 | deemed to be necessary for the public interest, safety, and | ||||||
6 | welfare. The rulemaking authority granted in this subsection | ||||||
7 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
8 | 2010. | ||||||
9 | (o) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the State's fiscal year | ||||||
11 | 2011 budget, emergency rules to implement any provision of | ||||||
12 | Public Act 96-958 or any other budget initiative authorized by | ||||||
13 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
14 | in accordance with this Section by the agency charged with | ||||||
15 | administering that provision or initiative. The adoption of | ||||||
16 | emergency rules authorized by this subsection (o) is deemed to | ||||||
17 | be necessary for the public interest, safety, and welfare. The | ||||||
18 | rulemaking authority granted in this subsection (o) applies | ||||||
19 | only to rules promulgated on or after July 1, 2010 (the | ||||||
20 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
21 | (p) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of Public Act 97-689, | ||||||
23 | emergency rules to implement any provision of Public Act 97-689 | ||||||
24 | may be adopted in accordance with this subsection (p) by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative. The 150-day limitation of the effective period of |
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1 | emergency rules does not apply to rules adopted under this | ||||||
2 | subsection (p), and the effective period may continue through | ||||||
3 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
4 | emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (p). The adoption of emergency rules authorized by | ||||||
6 | this subsection (p) is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | (q) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
10 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
11 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
12 | may be adopted in accordance with this subsection (q) by the | ||||||
13 | agency charged with administering that provision or | ||||||
14 | initiative. The 24-month limitation on the adoption of | ||||||
15 | emergency rules does not apply to rules adopted under this | ||||||
16 | subsection (q). The adoption of emergency rules authorized by | ||||||
17 | this subsection (q) is deemed to be necessary for the public | ||||||
18 | interest, safety, and welfare. | ||||||
19 | (r) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of Public Act 98-651, | ||||||
21 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
22 | in accordance with this subsection (r) by the Department of | ||||||
23 | Healthcare and Family Services. The 24-month limitation on the | ||||||
24 | adoption of emergency rules does not apply to rules adopted | ||||||
25 | under this subsection (r). The adoption of emergency rules | ||||||
26 | authorized by this subsection (r) is deemed to be necessary for |
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1 | the public interest, safety, and welfare. | ||||||
2 | (s) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
4 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
5 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
6 | Public Aid Code may be adopted in accordance with this | ||||||
7 | subsection (s) by the Department of Healthcare and Family | ||||||
8 | Services. The rulemaking authority granted in this subsection | ||||||
9 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
10 | 2015. Notwithstanding any other provision of this Section, any | ||||||
11 | emergency rule adopted under this subsection (s) shall only | ||||||
12 | apply to payments made for State fiscal year 2015. The adoption | ||||||
13 | of emergency rules authorized by this subsection (s) is deemed | ||||||
14 | to be necessary for the public interest, safety, and welfare. | ||||||
15 | (t) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Article II of Public Act | ||||||
17 | 99-6, emergency rules to implement the changes made by Article | ||||||
18 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
19 | be adopted in accordance with this subsection (t) by the | ||||||
20 | Department of State Police. The rulemaking authority granted in | ||||||
21 | this subsection (t) shall apply only to those rules adopted | ||||||
22 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
23 | of emergency rules does not apply to rules adopted under this | ||||||
24 | subsection (t). The adoption of emergency rules authorized by | ||||||
25 | this subsection (t) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
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1 | (u) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of the Burn Victims Relief | ||||||
3 | Act, emergency rules to implement any provision of the Act may | ||||||
4 | be adopted in accordance with this subsection (u) by the | ||||||
5 | Department of Insurance. The rulemaking authority granted in | ||||||
6 | this subsection (u) shall apply only to those rules adopted | ||||||
7 | prior to December 31, 2015. The adoption of emergency rules | ||||||
8 | authorized by this subsection (u) is deemed to be necessary for | ||||||
9 | the public interest, safety, and welfare. | ||||||
10 | (v) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 99-516, | ||||||
12 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
13 | in accordance with this subsection (v) by the Department of | ||||||
14 | Healthcare and Family Services. The 24-month limitation on the | ||||||
15 | adoption of emergency rules does not apply to rules adopted | ||||||
16 | under this subsection (v). The adoption of emergency rules | ||||||
17 | authorized by this subsection (v) is deemed to be necessary for | ||||||
18 | the public interest, safety, and welfare. | ||||||
19 | (w) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of Public Act 99-796, | ||||||
21 | emergency rules to implement the changes made by Public Act | ||||||
22 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
23 | the Adjutant General. The adoption of emergency rules | ||||||
24 | authorized by this subsection (w) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (x) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of Public Act 99-906, | ||||||
2 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
3 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
4 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
5 | accordance with this subsection (x) by the Illinois Commerce | ||||||
6 | Commission. The rulemaking authority granted in this | ||||||
7 | subsection (x) shall apply only to those rules adopted within | ||||||
8 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
9 | 99-906). The adoption of emergency rules authorized by this | ||||||
10 | subsection (x) is deemed to be necessary for the public | ||||||
11 | interest, safety, and welfare. | ||||||
12 | (y) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Public Act 100-23, | ||||||
14 | emergency rules to implement the changes made by Public Act | ||||||
15 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
16 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
17 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
18 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
19 | Developmental Disabilities Administrative Act may be adopted | ||||||
20 | in accordance with this subsection (y) by the respective | ||||||
21 | Department. The adoption of emergency rules authorized by this | ||||||
22 | subsection (y) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (z) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 100-554, | ||||||
26 | emergency rules to implement the changes made by Public Act |
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1 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
2 | adopted in accordance with this subsection (z) by the Secretary | ||||||
3 | of State. The adoption of emergency rules authorized by this | ||||||
4 | subsection (z) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (aa) In order to provide for the expeditious and timely | ||||||
7 | initial implementation of the changes made to Articles 5, 5A, | ||||||
8 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
9 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
10 | Services may adopt emergency rules in accordance with this | ||||||
11 | subsection (aa). The 24-month limitation on the adoption of | ||||||
12 | emergency rules does not apply to rules to initially implement | ||||||
13 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
14 | Public Aid Code adopted under this subsection (aa). The | ||||||
15 | adoption of emergency rules authorized by this subsection (aa) | ||||||
16 | is deemed to be necessary for the public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | (bb) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 100-587, | ||||||
20 | emergency rules to implement the changes made by Public Act | ||||||
21 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
22 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
23 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
24 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
25 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
26 | subsection (b) of Section 74 of the Mental Health and |
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1 | Developmental Disabilities Administrative Act may be adopted | ||||||
2 | in accordance with this subsection (bb) by the respective | ||||||
3 | Department. The adoption of emergency rules authorized by this | ||||||
4 | subsection (bb) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (cc) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of Public Act 100-587, | ||||||
8 | emergency rules may be adopted in accordance with this | ||||||
9 | subsection (cc) to implement the changes made by Public Act | ||||||
10 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
11 | Pension Code by the Board created under Article 14 of the Code; | ||||||
12 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
13 | the Board created under Article 15 of the Code; and Sections | ||||||
14 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
15 | created under Article 16 of the Code. The adoption of emergency | ||||||
16 | rules authorized by this subsection (cc) is deemed to be | ||||||
17 | necessary for the public interest, safety, and welfare. | ||||||
18 | (dd) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 100-864, | ||||||
20 | emergency rules to implement the changes made by Public Act | ||||||
21 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
22 | may be adopted in accordance with this subsection (dd) by the | ||||||
23 | Secretary of State. The adoption of emergency rules authorized | ||||||
24 | by this subsection (dd) is deemed to be necessary for the | ||||||
25 | public interest, safety, and welfare. | ||||||
26 | (ee) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of this amendatory Act of the | ||||||
2 | 100th General Assembly, emergency rules implementing the | ||||||
3 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
4 | adopted in accordance with this subsection by the Department of | ||||||
5 | Natural Resources. The adoption of emergency rules authorized | ||||||
6 | by this subsection is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | (ff) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of this amendatory Act of the | ||||||
10 | 101st General Assembly, emergency rules may be adopted by the | ||||||
11 | Department of Labor in accordance with this subsection (ff) to | ||||||
12 | implement the changes made by this amendatory Act of the 101st | ||||||
13 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
14 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
15 | be necessary for the public interest, safety, and welfare. | ||||||
16 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
17 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
18 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
19 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||||||
20 | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | ||||||
21 | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||||||
22 | 8-14-18; 100-1172, eff. 1-4-19.)
| ||||||
23 | Section 10. The Illinois Income Tax Act is amended by | ||||||
24 | changing Section 704A as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 5/704A) | ||||||
2 | Sec. 704A. Employer's return and payment of tax withheld. | ||||||
3 | (a) In general, every employer who deducts and withholds or | ||||||
4 | is required to deduct and withhold tax under this Act on or | ||||||
5 | after January 1, 2008 shall make those payments and returns as | ||||||
6 | provided in this Section. | ||||||
7 | (b) Returns. Every employer shall, in the form and manner | ||||||
8 | required by the Department, make returns with respect to taxes | ||||||
9 | withheld or required to be withheld under this Article 7 for | ||||||
10 | each quarter beginning on or after January 1, 2008, on or | ||||||
11 | before the last day of the first month following the close of | ||||||
12 | that quarter. | ||||||
13 | (c) Payments. With respect to amounts withheld or required | ||||||
14 | to be withheld on or after January 1, 2008: | ||||||
15 | (1) Semi-weekly payments. For each calendar year, each | ||||||
16 | employer who withheld or was required to withhold more than | ||||||
17 | $12,000 during the one-year period ending on June 30 of the | ||||||
18 | immediately preceding calendar year, payment must be made: | ||||||
19 | (A) on or before each Friday of the calendar year, | ||||||
20 | for taxes withheld or required to be withheld on the | ||||||
21 | immediately preceding Saturday, Sunday, Monday, or | ||||||
22 | Tuesday; | ||||||
23 | (B) on or before each Wednesday of the calendar | ||||||
24 | year, for taxes withheld or required to be withheld on | ||||||
25 | the immediately preceding Wednesday, Thursday, or | ||||||
26 | Friday. |
| |||||||
| |||||||
1 | Beginning with calendar year 2011, payments made under | ||||||
2 | this paragraph (1) of subsection (c) must be made by | ||||||
3 | electronic funds transfer. | ||||||
4 | (2) Semi-weekly payments. Any employer who withholds | ||||||
5 | or is required to withhold more than $12,000 in any quarter | ||||||
6 | of a calendar year is required to make payments on the | ||||||
7 | dates set forth under item (1) of this subsection (c) for | ||||||
8 | each remaining quarter of that calendar year and for the | ||||||
9 | subsequent calendar year.
| ||||||
10 | (3) Monthly payments. Each employer, other than an | ||||||
11 | employer described in items (1) or (2) of this subsection, | ||||||
12 | shall pay to the Department, on or before the 15th day of | ||||||
13 | each month the taxes withheld or required to be withheld | ||||||
14 | during the immediately preceding month. | ||||||
15 | (4) Payments with returns. Each employer shall pay to | ||||||
16 | the Department, on or before the due date for each return | ||||||
17 | required to be filed under this Section, any tax withheld | ||||||
18 | or required to be withheld during the period for which the | ||||||
19 | return is due and not previously paid to the Department. | ||||||
20 | (d) Regulatory authority. The Department may, by rule: | ||||||
21 | (1) Permit employers, in lieu of the requirements of | ||||||
22 | subsections (b) and (c), to file annual returns due on or | ||||||
23 | before January 31 of the year for taxes withheld or | ||||||
24 | required to be withheld during the previous calendar year | ||||||
25 | and, if the aggregate amounts required to be withheld by | ||||||
26 | the employer under this Article 7 (other than amounts |
| |||||||
| |||||||
1 | required to be withheld under Section 709.5) do not exceed | ||||||
2 | $1,000 for the previous calendar year, to pay the taxes | ||||||
3 | required to be shown on each such return no later than the | ||||||
4 | due date for such return. | ||||||
5 | (2) Provide that any payment required to be made under | ||||||
6 | subsection (c)(1) or (c)(2) is deemed to be timely to the | ||||||
7 | extent paid by electronic funds transfer on or before the | ||||||
8 | due date for deposit of federal income taxes withheld from, | ||||||
9 | or federal employment taxes due with respect to, the wages | ||||||
10 | from which the Illinois taxes were withheld. | ||||||
11 | (3) Designate one or more depositories to which payment | ||||||
12 | of taxes required to be withheld under this Article 7 must | ||||||
13 | be paid by some or all employers. | ||||||
14 | (4) Increase the threshold dollar amounts at which | ||||||
15 | employers are required to make semi-weekly payments under | ||||||
16 | subsection (c)(1) or (c)(2). | ||||||
17 | (e) Annual return and payment. Every employer who deducts | ||||||
18 | and withholds or is required to deduct and withhold tax from a | ||||||
19 | person engaged in domestic service employment, as that term is | ||||||
20 | defined in Section 3510 of the Internal Revenue Code, may | ||||||
21 | comply with the requirements of this Section with respect to | ||||||
22 | such employees by filing an annual return and paying the taxes | ||||||
23 | required to be deducted and withheld on or before the 15th day | ||||||
24 | of the fourth month following the close of the employer's | ||||||
25 | taxable year. The Department may allow the employer's return to | ||||||
26 | be submitted with the employer's individual income tax return |
| |||||||
| |||||||
1 | or to be submitted with a return due from the employer under | ||||||
2 | Section 1400.2 of the Unemployment Insurance Act. | ||||||
3 | (f) Magnetic media and electronic filing. With respect to | ||||||
4 | taxes withheld in calendar years prior to 2017, any W-2 Form | ||||||
5 | that, under the Internal Revenue Code and regulations | ||||||
6 | promulgated thereunder, is required to be submitted to the | ||||||
7 | Internal Revenue Service on magnetic media or electronically | ||||||
8 | must also be submitted to the Department on magnetic media or | ||||||
9 | electronically for Illinois purposes, if required by the | ||||||
10 | Department. | ||||||
11 | With respect to taxes withheld in 2017 and subsequent | ||||||
12 | calendar years, the Department may, by rule, require that any | ||||||
13 | return (including any amended return) under this Section and | ||||||
14 | any W-2 Form that is required to be submitted to the Department | ||||||
15 | must be submitted on magnetic media or electronically. | ||||||
16 | The due date for submitting W-2 Forms shall be as | ||||||
17 | prescribed by the Department by rule. | ||||||
18 | (g) For amounts deducted or withheld after December 31, | ||||||
19 | 2009, a taxpayer who makes an election under subsection (f) of | ||||||
20 | Section 5-15 of the Economic Development for a Growing Economy | ||||||
21 | Tax Credit Act for a taxable year shall be allowed a credit | ||||||
22 | against payments due under this Section for amounts withheld | ||||||
23 | during the first calendar year beginning after the end of that | ||||||
24 | taxable year equal to the amount of the credit for the | ||||||
25 | incremental income tax attributable to full-time employees of | ||||||
26 | the taxpayer awarded to the taxpayer by the Department of |
| |||||||
| |||||||
1 | Commerce and Economic Opportunity under the Economic | ||||||
2 | Development for a Growing Economy Tax Credit Act for the | ||||||
3 | taxable year and credits not previously claimed and allowed to | ||||||
4 | be carried forward under Section 211(4) of this Act as provided | ||||||
5 | in subsection (f) of Section 5-15 of the Economic Development | ||||||
6 | for a Growing Economy Tax Credit Act. The credit or credits may | ||||||
7 | not reduce the taxpayer's obligation for any payment due under | ||||||
8 | this Section to less than zero. If the amount of the credit or | ||||||
9 | credits exceeds the total payments due under this Section with | ||||||
10 | respect to amounts withheld during the calendar year, the | ||||||
11 | excess may be carried forward and applied against the | ||||||
12 | taxpayer's liability under this Section in the succeeding | ||||||
13 | calendar years as allowed to be carried forward under paragraph | ||||||
14 | (4) of Section 211 of this Act. The credit or credits shall be | ||||||
15 | applied to the earliest year for which there is a tax | ||||||
16 | liability. If there are credits from more than one taxable year | ||||||
17 | that are available to offset a liability, the earlier credit | ||||||
18 | shall be applied first. Each employer who deducts and withholds | ||||||
19 | or is required to deduct and withhold tax under this Act and | ||||||
20 | who retains income tax withholdings under subsection (f) of | ||||||
21 | Section 5-15 of the Economic Development for a Growing Economy | ||||||
22 | Tax Credit Act must make a return with respect to such taxes | ||||||
23 | and retained amounts in the form and manner that the | ||||||
24 | Department, by rule, requires and pay to the Department or to a | ||||||
25 | depositary designated by the Department those withheld taxes | ||||||
26 | not retained by the taxpayer. For purposes of this subsection |
| |||||||
| |||||||
1 | (g), the term taxpayer shall include taxpayer and members of | ||||||
2 | the taxpayer's unitary business group as defined under | ||||||
3 | paragraph (27) of subsection (a) of Section 1501 of this Act. | ||||||
4 | This Section is exempt from the provisions of Section 250 of | ||||||
5 | this Act. No credit awarded under the Economic Development for | ||||||
6 | a Growing Economy Tax Credit Act for agreements entered into on | ||||||
7 | or after January 1, 2015 may be credited against payments due | ||||||
8 | under this Section. | ||||||
9 | (h) An employer may claim a credit against payments due | ||||||
10 | under this Section for amounts withheld during the first | ||||||
11 | calendar year ending after the date on which a tax credit | ||||||
12 | certificate was issued under Section 35 of the Small Business | ||||||
13 | Job Creation Tax Credit Act. The credit shall be equal to the | ||||||
14 | amount shown on the certificate, but may not reduce the | ||||||
15 | taxpayer's obligation for any payment due under this Section to | ||||||
16 | less than zero. If the amount of the credit exceeds the total | ||||||
17 | payments due under this Section with respect to amounts | ||||||
18 | withheld during the calendar year, the excess may be carried | ||||||
19 | forward and applied against the taxpayer's liability under this | ||||||
20 | Section in the 5 succeeding calendar years. The credit shall be | ||||||
21 | applied to the earliest year for which there is a tax | ||||||
22 | liability. If there are credits from more than one calendar | ||||||
23 | year that are available to offset a liability, the earlier | ||||||
24 | credit shall be applied first. This Section is exempt from the | ||||||
25 | provisions of Section 250 of this Act. | ||||||
26 | (i) Each employer with 50 or fewer full-time equivalent |
| |||||||
| |||||||
1 | employees during the reporting period may claim a credit | ||||||
2 | against the payments due under this Section for each qualified | ||||||
3 | employee in an amount equal to the maximum credit allowable. | ||||||
4 | The credit may be taken against payments due for reporting | ||||||
5 | periods that begin on or after January 1, 2020, and end on or | ||||||
6 | before December 31, 2027. An employer may not claim a credit | ||||||
7 | for an employee who has worked fewer than 90 consecutive days | ||||||
8 | immediately preceding the reporting period; however, such | ||||||
9 | credits may accrue during that 90-day period and be claimed | ||||||
10 | against payments under this Section for future reporting | ||||||
11 | periods after the employee has worked for the employer at least | ||||||
12 | 90 consecutive days. In no event may the credit exceed the | ||||||
13 | employer's liability for the reporting period. Each employer | ||||||
14 | who deducts and withholds or is required to deduct and withhold | ||||||
15 | tax under this Act and who retains income tax withholdings | ||||||
16 | under this subsection must make a return with respect to such | ||||||
17 | taxes and retained amounts in the form and manner that the | ||||||
18 | Department, by rule, requires and pay to the Department or to a | ||||||
19 | depositary designated by the Department those withheld taxes | ||||||
20 | not retained by the employer. | ||||||
21 | For each reporting period, the employer may not claim a | ||||||
22 | credit or credits for more employees than the number of | ||||||
23 | employees making less than the minimum or reduced wage for the | ||||||
24 | current calendar year during the last reporting period of the | ||||||
25 | preceding calendar year. Notwithstanding any other provision | ||||||
26 | of this subsection, an employer shall not be eligible for |
| |||||||
| |||||||
1 | credits for a reporting period unless the average wage paid by | ||||||
2 | the employer per employee for all employees making less than | ||||||
3 | $55,000 during the reporting period is greater than the average | ||||||
4 | wage paid by the employer per employee for all employees making | ||||||
5 | less than $55,000 during the same reporting period of the prior | ||||||
6 | calendar year. | ||||||
7 | For purposes of this subsection (i): | ||||||
8 | "Compensation paid in Illinois" has the meaning ascribed to | ||||||
9 | that term under Section 304(a)(2)(B) of this Act. | ||||||
10 | "Employer" and "employee" have the meaning ascribed to | ||||||
11 | those terms in the Minimum Wage Law, except that "employee" | ||||||
12 | also includes employees who work for an employer with fewer | ||||||
13 | than 4 employees. Employers that operate more than one | ||||||
14 | establishment pursuant to a franchise agreement or that | ||||||
15 | constitute members of a unitary business group shall aggregate | ||||||
16 | their employees for purposes of determining eligibility for the | ||||||
17 | credit. | ||||||
18 | "Full-time equivalent employees" means the ratio of the | ||||||
19 | number of paid hours during the reporting period and the number | ||||||
20 | of working hours in that period. | ||||||
21 | "Maximum credit" means the percentage listed below of the | ||||||
22 | difference between the amount of compensation paid in Illinois | ||||||
23 | to employees who are paid not more than the required minimum | ||||||
24 | wage reduced by the amount of compensation paid in Illinois to | ||||||
25 | employees who were paid less than the current required minimum | ||||||
26 | wage during the reporting period prior to each increase in the |
| |||||||
| |||||||
1 | required minimum wage on January 1. If an employer pays an | ||||||
2 | employee more than the required minimum wage and that employee | ||||||
3 | previously earned less than the required minimum wage, the | ||||||
4 | employer may include the portion that does not exceed the | ||||||
5 | required minimum wage as compensation paid in Illinois to | ||||||
6 | employees who are paid not more than the required minimum wage. | ||||||
7 | (1) 25% for reporting periods beginning on or after | ||||||
8 | January 1, 2020 and ending on or before December 31, 2020; | ||||||
9 | (2) 21% for reporting periods beginning on or after | ||||||
10 | January 1, 2021 and ending on or before December 31, 2021; | ||||||
11 | (3) 17% for reporting periods beginning on or after | ||||||
12 | January 1, 2022 and ending on or before December 31, 2022; | ||||||
13 | (4) 13% for reporting periods beginning on or after | ||||||
14 | January 1, 2023 and ending on or before December 31, 2023; | ||||||
15 | (5) 9% for reporting periods beginning on or after | ||||||
16 | January 1, 2024 and ending on or before December 31, 2024; | ||||||
17 | (6) 5% for reporting periods beginning on or after | ||||||
18 | January 1, 2025 and ending on or before December 31, 2025. | ||||||
19 | The amount computed under this subsection may continue to | ||||||
20 | be claimed for reporting periods beginning on or after January | ||||||
21 | 1, 2026 and: | ||||||
22 | (A) ending on or before December 31, 2026 for employers | ||||||
23 | with more than 5 employees; or | ||||||
24 | (B) ending on or before December 31, 2027 for employers | ||||||
25 | with no more than 5 employees. | ||||||
26 | "Qualified employee" means an employee who is paid not more |
| |||||||
| |||||||
1 | than the required minimum wage and has an average wage paid per | ||||||
2 | hour by the employer during the reporting period equal to or | ||||||
3 | greater than his or her average wage paid per hour by the | ||||||
4 | employer during each reporting period for the immediately | ||||||
5 | preceding 12 months. A new qualified employee is deemed to have | ||||||
6 | earned the required minimum wage in the preceding reporting | ||||||
7 | period. | ||||||
8 | "Reporting period" means the quarter for which a return is | ||||||
9 | required to be filed under subsection (b) of this Section. | ||||||
10 | (Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17; | ||||||
11 | 100-863, eff. 8-14-18.)
| ||||||
12 | Section 15. The Minimum Wage Law is amended by changing | ||||||
13 | Sections 4, 7, 10, 11, and 12 as follows:
| ||||||
14 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| ||||||
15 | Sec. 4. (a)(1) Every employer shall pay to each of his | ||||||
16 | employees in every
occupation wages of not less than $2.30 per | ||||||
17 | hour or in the case of
employees under 18 years of age wages of | ||||||
18 | not less than $1.95 per hour,
except as provided in Sections 5 | ||||||
19 | and 6 of this Act, and on and after
January 1, 1984, every | ||||||
20 | employer shall pay to each of his employees in every
occupation | ||||||
21 | wages of not less than $2.65 per hour or in the case of
| ||||||
22 | employees under 18 years of age wages of not less than $2.25 | ||||||
23 | per hour, and
on and after October 1, 1984 every employer shall | ||||||
24 | pay to each of his
employees in every occupation wages of not |
| |||||||
| |||||||
1 | less than $3.00 per hour or in
the case of employees under 18 | ||||||
2 | years of age wages of not less than $2.55
per hour, and on or | ||||||
3 | after July 1, 1985 every employer shall pay to each of
his | ||||||
4 | employees in every occupation wages of not less than $3.35 per | ||||||
5 | hour or
in the case of employees under 18 years of age wages of | ||||||
6 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
7 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
8 | her employees who is 18 years of age or older in every
| ||||||
9 | occupation wages of not less than $5.50 per hour, and from
| ||||||
10 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
11 | to each of his or her employees who is 18 years
of age or older | ||||||
12 | in every occupation wages of not less than $6.50 per hour, and | ||||||
13 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
14 | pay to each of his or her employees who is 18 years
of age or | ||||||
15 | older in every occupation wages of not less than $7.50 per | ||||||
16 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
17 | employer shall pay to each of his or her employees who is 18 | ||||||
18 | years
of age or older in every occupation wages of not less | ||||||
19 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
20 | 2010 every employer shall pay to each of his or her employees | ||||||
21 | who is 18 years
of age or older in every occupation wages of | ||||||
22 | not less than $8.00 per hour, and from on and after July 1, | ||||||
23 | 2010 through December 31, 2019 every employer shall pay to each | ||||||
24 | of his or her employees who is 18 years of age or older in every | ||||||
25 | occupation wages of not less than $8.25 per hour , and from
| ||||||
26 | January 1, 2020 through June 30, 2020, every employer shall pay |
| |||||||
| |||||||
1 | to each of his or her employees who is 18 years of age or older | ||||||
2 | in every occupation wages of not less than $9.25 per hour, and | ||||||
3 | from July 1, 2020 through December 31, 2020 every employer | ||||||
4 | shall pay
to each of his or her employees who is 18 years of age | ||||||
5 | or older
in every occupation wages of not less than $10 per | ||||||
6 | hour, and
from January 1, 2021 through December 31, 2021 every | ||||||
7 | employer shall
pay to each of his or her employees who is 18 | ||||||
8 | years of age or
older in every occupation wages of not less | ||||||
9 | than $11 per hour,
and from January 1, 2022 through December | ||||||
10 | 31, 2022 every employer
shall pay to each of his or her | ||||||
11 | employees who is 18 years of age
or older in every occupation | ||||||
12 | wages of not less than $12 per
hour, and from January 1, 2023 | ||||||
13 | through December 31, 2023 every
employer shall pay to each of | ||||||
14 | his or her employees who is 18
years of age or older in every | ||||||
15 | occupation wages of not less
than $13 per hour, and from | ||||||
16 | January 1, 2024 through December 31, 2024, every employer shall | ||||||
17 | pay to each of his or her employees who is 18 years of age or | ||||||
18 | older in every occupation wages of not less than $14 per hour; | ||||||
19 | and on and after January 1, 2025, every
employer shall pay to | ||||||
20 | each of his or her employees who is 18
years of age or older in | ||||||
21 | every occupation wages of not less
than $15 per hour .
| ||||||
22 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
23 | then in lieu of the rate prescribed in item (1) of this | ||||||
24 | subsection (a), an employer may pay an employee who is 18 years | ||||||
25 | of age or older, during the first 90 consecutive calendar days | ||||||
26 | after the employee is initially employed by the employer, a |
| |||||||
| |||||||
1 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
2 | item (1) of this subsection (a); however, an employer shall pay | ||||||
3 | not less than the rate prescribed in item (1) of this | ||||||
4 | subsection (a) to: | ||||||
5 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
6 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
7 | years of age or older; and | ||||||
8 | (B) an employee who is 18 years of age or older and | ||||||
9 | whose employment is occasional or irregular and
requires | ||||||
10 | not more than 90 days to complete. | ||||||
11 | (3) At no time on or before December 31, 2019
shall the | ||||||
12 | wages paid to any employee under 18 years of age be more than | ||||||
13 | 50¢
less than the wage required to be paid to employees who are | ||||||
14 | at least 18 years
of age under item (1) of this subsection (a). | ||||||
15 | Beginning on January 1, 2020, every employer shall pay
to each | ||||||
16 | of his or her employees who is under 18 years of age
that has | ||||||
17 | worked more than 650 hours for the employer during any
calendar | ||||||
18 | year a wage not less than the wage required for
employees who | ||||||
19 | are 18 years of age or older under paragraph (1)
of subsection | ||||||
20 | (a) of Section 4 of this Act. Every employer
shall pay to each | ||||||
21 | of his or her employees who is under 18 years
of age that has | ||||||
22 | not worked more than 650 hours for the employer
during any | ||||||
23 | calendar year: (1) $8 per hour from January 1, 2020
through | ||||||
24 | December 31, 2020; (2) $8.50 per hour from January 1, 2021
| ||||||
25 | through December 31, 2021; (3) $9.25 per hour from January 1, | ||||||
26 | 2022
through December 31, 2022; (4) $10.50 per hour from |
| |||||||
| |||||||
1 | January 1, 2023
through December 31, 2023; (5) $12 per hour | ||||||
2 | from January
1, 2024 through December 31, 2024; and (6) $13 per | ||||||
3 | hour on and after January 1, 2025.
| ||||||
4 | (b) No employer shall discriminate between employees on the | ||||||
5 | basis of sex
or mental or physical disability, except as | ||||||
6 | otherwise provided in this Act by
paying wages to employees at | ||||||
7 | a rate less than the rate at which he pays
wages to employees | ||||||
8 | for the same or substantially
similar work on jobs the | ||||||
9 | performance of which requires equal skill, effort,
and | ||||||
10 | responsibility, and which are performed under similar working
| ||||||
11 | conditions, except where such payment is made pursuant to (1) a | ||||||
12 | seniority
system; (2) a merit system; (3) a system which | ||||||
13 | measures earnings by
quantity or quality of production; or (4) | ||||||
14 | a differential based on any other
factor other than sex or | ||||||
15 | mental or physical disability, except as otherwise
provided in | ||||||
16 | this Act.
| ||||||
17 | (c) Every employer of an employee engaged in an
occupation | ||||||
18 | in which gratuities have customarily and usually constituted | ||||||
19 | and
have been recognized as part of the remuneration for hire | ||||||
20 | purposes is
entitled to an allowance for gratuities as part of | ||||||
21 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
22 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
23 | rate. The Director shall require each employer
desiring an | ||||||
24 | allowance for gratuities to provide substantial evidence that
| ||||||
25 | the amount claimed, which may not exceed 40% of the applicable | ||||||
26 | minimum wage
rate, was received by the employee in the period |
| |||||||
| |||||||
1 | for which the claim of
exemption is made, and no part thereof | ||||||
2 | was returned to the employer.
| ||||||
3 | (d) No camp counselor who resides on the premises of a | ||||||
4 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
5 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
6 | works 40 or more hours per week, and (2)
receives a total | ||||||
7 | weekly salary of not less than the adult minimum
wage for a | ||||||
8 | 40-hour week. If the counselor works less than 40 hours per
| ||||||
9 | week, the counselor shall be paid the minimum hourly wage for | ||||||
10 | each hour
worked. Every employer of a camp counselor under this | ||||||
11 | subsection is entitled
to an allowance for meals and lodging as | ||||||
12 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
13 | (a), in an amount not to exceed 25% of the
minimum wage rate.
| ||||||
14 | (e) A camp counselor employed at a day camp is not subject | ||||||
15 | to the adult minimum wage if the
camp counselor is paid a | ||||||
16 | stipend on a onetime or periodic basis and, if
the camp | ||||||
17 | counselor is a minor, the minor's parent, guardian or other
| ||||||
18 | custodian has consented in writing to the terms of payment | ||||||
19 | before the
commencement of such employment.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (820 ILCS 105/7) (from Ch. 48, par. 1007)
| ||||||
22 | Sec. 7. The Director or his authorized representatives have | ||||||
23 | the authority to:
| ||||||
24 | (a) Investigate and gather data regarding the wages, hours | ||||||
25 | and other
conditions and practices of employment in any |
| |||||||
| |||||||
1 | industry subject to this Act,
and may enter and inspect such | ||||||
2 | places and such records (and make such
transcriptions thereof) | ||||||
3 | at reasonable times during regular business hours,
not | ||||||
4 | including lunch time at a restaurant, question such employees, | ||||||
5 | and
investigate such facts, conditions, practices or matters as | ||||||
6 | he may deem
necessary or appropriate to determine whether any | ||||||
7 | person has violated any
provision of this Act, or which may aid | ||||||
8 | in the enforcement of this Act.
| ||||||
9 | (b) Require from any employer full and correct statements | ||||||
10 | and reports in
writing, including sworn statements, at such | ||||||
11 | times as the Director may deem
necessary, of the wages, hours, | ||||||
12 | names, addresses, and other information
pertaining to his | ||||||
13 | employees as he may deem necessary for the enforcement of
this | ||||||
14 | Act.
| ||||||
15 | (c) Require by subpoena the attendance and testimony of | ||||||
16 | witnesses and the production of all books, records, and other | ||||||
17 | evidence relative to a matter under investigation or hearing. | ||||||
18 | The subpoena shall be signed and issued by the Director or his | ||||||
19 | or her authorized representative. If a person fails to comply | ||||||
20 | with any subpoena lawfully issued under this Section or a | ||||||
21 | witness refuses to produce evidence or testify to any matter | ||||||
22 | regarding which he or she may be lawfully interrogated, the | ||||||
23 | court may, upon application of the Director or his or her | ||||||
24 | authorized representative, compel obedience by proceedings for | ||||||
25 | contempt.
| ||||||
26 | (d) Make random audits of employers in any industry subject |
| |||||||
| |||||||
1 | to this Act to determine compliance with this Act. | ||||||
2 | (Source: P.A. 94-1025, eff. 7-14-06.)
| ||||||
3 | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| ||||||
4 | Sec. 10.
(a) The Director shall make and revise | ||||||
5 | administrative regulations,
including definitions of terms, as | ||||||
6 | he deems appropriate to carry out the
purposes of this Act, to | ||||||
7 | prevent the circumvention or evasion thereof, and
to safeguard | ||||||
8 | the minimum wage established by the Act. Regulations governing
| ||||||
9 | employment of learners may be issued only after notice and | ||||||
10 | opportunity for
public hearing, as provided in subsection (c) | ||||||
11 | of this Section.
| ||||||
12 | (b) In order to prevent curtailment of opportunities for | ||||||
13 | employment,
avoid undue hardship, and safeguard the minimum | ||||||
14 | wage rate under this Act,
the Director may also issue | ||||||
15 | regulations providing for the employment of
workers with | ||||||
16 | disabilities at wages lower than the wage rate applicable under | ||||||
17 | this
Act, under permits and for such periods of time as | ||||||
18 | specified therein; and
providing for the employment of learners | ||||||
19 | at wages lower than the wage rate
applicable under this Act. | ||||||
20 | However, such regulation shall not permit lower
wages for | ||||||
21 | persons with disabilities on any basis that is unrelated to | ||||||
22 | such person's
ability resulting from his disability, and such | ||||||
23 | regulation may be issued only
after notice and opportunity for | ||||||
24 | public hearing as provided in subsection
(c) of this Section.
| ||||||
25 | (c) Prior to the adoption, amendment or repeal of any rule |
| |||||||
| |||||||
1 | or regulation
by the Director under this Act, except | ||||||
2 | regulations which concern only the
internal management of the | ||||||
3 | Department of Labor and do not affect any public
right provided | ||||||
4 | by this Act, the Director shall give proper notice to
persons | ||||||
5 | in any industry or occupation that may be affected by the | ||||||
6 | proposed
rule or regulation, and hold a public hearing on his | ||||||
7 | proposed action at
which any such affected person, or his duly | ||||||
8 | authorized representative, may
attend and testify or present | ||||||
9 | other evidence for or against such proposed
rule or regulation. | ||||||
10 | Rules and regulations adopted under this Section shall
be filed | ||||||
11 | with the Secretary of State in compliance with "An Act | ||||||
12 | concerning
administrative rules", as now or hereafter amended. | ||||||
13 | Such adopted and filed
rules and regulations shall become | ||||||
14 | effective 10 days after copies thereof
have been mailed by the | ||||||
15 | Department to persons in industries affected
thereby at their | ||||||
16 | last known address.
| ||||||
17 | (d) The commencement of proceedings by any person aggrieved | ||||||
18 | by an
administrative regulation issued under this Act does not, | ||||||
19 | unless
specifically ordered by the Court, operate as a stay of | ||||||
20 | that administrative
regulation against other persons. The | ||||||
21 | Court shall not grant any stay of an
administrative regulation | ||||||
22 | unless the person complaining of such regulation
files in the | ||||||
23 | Court an undertaking with a surety or sureties satisfactory to
| ||||||
24 | the Court for the payment to the employees affected by the | ||||||
25 | regulation, in
the event such regulation is affirmed, of the | ||||||
26 | amount by which the
compensation such employees are entitled to |
| |||||||
| |||||||
1 | receive under the regulation
exceeds the compensation they | ||||||
2 | actually receive while such stay is in
effect. | ||||||
3 | (e) The Department may adopt emergency rules in
accordance | ||||||
4 | with Section 5-45 of the Illinois Administrative
Procedure Act | ||||||
5 | to implement the changes made by this amendatory Act of the | ||||||
6 | 101st General Assembly.
| ||||||
7 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
8 | (820 ILCS 105/11) (from Ch. 48, par. 1011)
| ||||||
9 | Sec. 11.
(a) Any employer or his agent, or the officer or | ||||||
10 | agent of any private
employer who:
| ||||||
11 | (1) hinders or delays the Director or his authorized | ||||||
12 | representative in
the performance of his duties in the | ||||||
13 | enforcement of this Act; or
| ||||||
14 | (2) refuses to admit the Director or his authorized | ||||||
15 | representative to
any place of employment; or
| ||||||
16 | (3) fails to keep the records required under this Act | ||||||
17 | or to furnish such
records required or any information to | ||||||
18 | be furnished under this Act to the
Director or his | ||||||
19 | authorized representative upon request; or
| ||||||
20 | (4) fails to make and preserve any records as required | ||||||
21 | hereunder; or
| ||||||
22 | (5) falsifies any such record; or
| ||||||
23 | (6) refuses to make such records available to the | ||||||
24 | Director or his
authorized representative; or
| ||||||
25 | (7) refuses to furnish a sworn statement of such |
| |||||||
| |||||||
1 | records or any other
information required for the proper | ||||||
2 | enforcement of this Act; or
| ||||||
3 | (8) fails to post a summary of this Act or a copy of | ||||||
4 | any applicable
regulation as required by Section 9 of this | ||||||
5 | Act; | ||||||
6 | shall be guilty of a
Class B misdemeanor; and each day of such | ||||||
7 | failure to keep the records required under
this Act or to | ||||||
8 | furnish such records or information to the Director or his
| ||||||
9 | authorized representative or to fail to post information as | ||||||
10 | required herein
constitutes a separate offense. Any such | ||||||
11 | employer who fails to keep payroll records as required by this | ||||||
12 | Act shall be liable to the Department for a penalty of $100 per | ||||||
13 | impacted employee, payable to the Department's Wage Theft | ||||||
14 | Enforcement Fund.
| ||||||
15 | (b) Any employer or his agent, or the officer or agent of | ||||||
16 | any private
employer, who pays or agrees to pay to any employee | ||||||
17 | wages at a rate less
than the rate applicable under this Act or | ||||||
18 | of any regulation issued under
this Act is guilty of a Class B | ||||||
19 | misdemeanor, and each week on any day of
which such employee is | ||||||
20 | paid less than the wage rate applicable under this
Act | ||||||
21 | constitutes a separate offense.
| ||||||
22 | (c) Any employer or his agent, or the officer or agent of | ||||||
23 | any private
employer, who discharges or in any other manner | ||||||
24 | discriminates against any
employee because that employee has | ||||||
25 | made a complaint to his employer, or to
the Director or his | ||||||
26 | authorized representative, that he has not been paid
wages in |
| |||||||
| |||||||
1 | accordance with the provisions of this Act, or because that
| ||||||
2 | employee has caused to be instituted or is about to cause to be | ||||||
3 | instituted
any proceeding under or related to this Act, or | ||||||
4 | because that employee has
testified or is about to testify in | ||||||
5 | an investigation or proceeding under
this Act, is guilty of a | ||||||
6 | Class B misdemeanor.
| ||||||
7 | (d) It is the duty of the Department of Labor to inquire | ||||||
8 | diligently for
any violations of this Act, and to institute the | ||||||
9 | action for penalties
herein provided, and to enforce generally | ||||||
10 | the provisions of this Act.
| ||||||
11 | (Source: P.A. 86-799 .)
| ||||||
12 | (820 ILCS 105/12) (from Ch. 48, par. 1012)
| ||||||
13 | Sec. 12. (a) If any employee is paid by his employer less | ||||||
14 | than the wage
to which he is entitled under the provisions of | ||||||
15 | this Act, the employee may
recover in a civil
action treble the | ||||||
16 | amount of any such underpayments together with costs and such
| ||||||
17 | reasonable attorney's fees as may be allowed by the Court, and | ||||||
18 | damages of 5% 2% of the amount of any such underpayments for | ||||||
19 | each month following the date of payment during which such | ||||||
20 | underpayments remain unpaid. Any
agreement between the | ||||||
21 | employee and the employer to work for less than such wage is
no | ||||||
22 | defense to such action. At the request of the employee or on | ||||||
23 | motion
of the Director of Labor, the
Department of Labor may | ||||||
24 | make an assignment of such wage claim in trust for
the | ||||||
25 | assigning employee and may bring any legal action necessary to |
| |||||||
| |||||||
1 | collect
such claim, and the employer shall be required to pay | ||||||
2 | the costs incurred in
collecting such claim. Every such action | ||||||
3 | shall be brought within
3 years from the date of the | ||||||
4 | underpayment. Such employer shall be liable
to the Department | ||||||
5 | of Labor for up to 20% of the total employer's underpayment
| ||||||
6 | where the employer's conduct is proven by a preponderance of | ||||||
7 | the evidence to be willful, repeated, or with reckless | ||||||
8 | disregard of this Act or any rule adopted under this Act. Such | ||||||
9 | employer shall be liable to the Department for an additional | ||||||
10 | penalty of $1,500, payable to the Department's Wage Theft | ||||||
11 | Enforcement Fund. Such employer shall be additionally
liable to | ||||||
12 | the employee for damages in the amount of 5% 2% of the amount
| ||||||
13 | of any such underpayments for each month following the date of | ||||||
14 | payment
during which such underpayments
remain unpaid. These | ||||||
15 | penalties and damages may be recovered in a
civil action | ||||||
16 | brought by the Director of Labor in any circuit court. In any
| ||||||
17 | such action, the Director of Labor shall be represented by the | ||||||
18 | Attorney
General.
| ||||||
19 | If an employee collects damages of 5% 2% of the amount
of | ||||||
20 | underpayments as a result of an action brought by the Director | ||||||
21 | of Labor, the employee may not also collect those damages in a | ||||||
22 | private action brought by the employee for the same violation. | ||||||
23 | If an employee collects damages of 5% 2% of the amount
of | ||||||
24 | underpayments in a private action brought by the employee, the | ||||||
25 | employee may not also collect those damages as a result of an | ||||||
26 | action brought by the Director of Labor for the same violation.
|
| |||||||
| |||||||
1 | (b) If an employee has not collected damages under | ||||||
2 | subsection (a) for the same violation, the Director is | ||||||
3 | authorized to supervise the payment of the unpaid
minimum wages | ||||||
4 | and the unpaid overtime compensation owing to any employee
or | ||||||
5 | employees under Sections 4 and 4a of this Act and may bring any | ||||||
6 | legal
action necessary to recover the amount of the unpaid | ||||||
7 | minimum wages and unpaid
overtime compensation and an equal | ||||||
8 | additional amount as
damages,
and the employer shall be | ||||||
9 | required to pay the costs incurred in collecting such claim. | ||||||
10 | Such employer shall be additionally liable to the Department of | ||||||
11 | Labor for up to 20% of the total employer's underpayment where | ||||||
12 | the employer's conduct is proven by a preponderance of the | ||||||
13 | evidence to be willful, repeated, or with reckless disregard of | ||||||
14 | this Act or any rule adopted under this Act. Such employer | ||||||
15 | shall be liable to the Department of Labor for an additional | ||||||
16 | penalty of $1,500, payable to the Department's Wage Theft | ||||||
17 | Enforcement Fund.
The action shall be brought within 5 years | ||||||
18 | from the date of the failure to
pay
the wages or compensation.
| ||||||
19 | Any sums thus recovered
by the Director on behalf of an | ||||||
20 | employee pursuant to this subsection shall
be paid to the | ||||||
21 | employee or employees affected. Any sums which, more than one
| ||||||
22 | year after being thus recovered, the Director is unable to pay | ||||||
23 | to
an employee shall be deposited into the General Revenue | ||||||
24 | Fund.
| ||||||
25 | (Source: P.A. 94-1025, eff. 7-14-06.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|