Bill Amendment: IL SB1899 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LANDSCAPE ARCHITECTURE-NEW ACT
Status: 2019-08-16 - Public Act . . . . . . . . . 101-0423 [SB1899 Detail]
Download: Illinois-2019-SB1899-House_Amendment_001.html
Bill Title: LANDSCAPE ARCHITECTURE-NEW ACT
Status: 2019-08-16 - Public Act . . . . . . . . . 101-0423 [SB1899 Detail]
Download: Illinois-2019-SB1899-House_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 1899
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1899 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Public Employment Office Act is amended by | ||||||
| 5 | changing Section 7 as follows:
| ||||||
| 6 | (20 ILCS 1015/7) (from Ch. 48, par. 183)
| ||||||
| 7 | Sec. 7.
No fee or compensation shall be charged or received | ||||||
| 8 | directly or
indirectly from persons applying for employment or | ||||||
| 9 | help through said free
employment offices, and any officer or | ||||||
| 10 | employee of the Department of
Employment Security who shall | ||||||
| 11 | accept, directly or indirectly any fee or
compensation from any | ||||||
| 12 | applicant or from his or her representative shall be
guilty of | ||||||
| 13 | a Class C misdemeanor, except that this Section does not | ||||||
| 14 | prohibit referral of an individual to an apprenticeship program | ||||||
| 15 | that is approved by and registered with the United States | ||||||
| 16 | Department of Labor, Bureau of Apprenticeship and Training and | ||||||
| |||||||
| |||||||
| 1 | charges an application fee of $50 or less. This Section does | ||||||
| 2 | not prohibit the Department from attending or promoting hiring | ||||||
| 3 | events hosted by someone other than the Department, at which an | ||||||
| 4 | admission fee is charged, if neither the Department nor | ||||||
| 5 | employees of the Department receive any portion of the fee in | ||||||
| 6 | connection with the event.
| ||||||
| 7 | (Source: P.A. 98-1133, eff. 12-23-14.)
| ||||||
| 8 | Section 10. The State Tax Lien Registration Act is amended | ||||||
| 9 | by changing Section 1-5 as follows:
| ||||||
| 10 | (35 ILCS 750/1-5)
| ||||||
| 11 | Sec. 1-5. Purpose. | ||||||
| 12 | (a) The purpose of this Act is to provide a uniform | ||||||
| 13 | statewide system for filing notices of tax liens that are in | ||||||
| 14 | favor of or enforced by the Department or the Department of | ||||||
| 15 | Employment Security. The Department shall maintain the system. | ||||||
| 16 | (b) The scope of this Act is limited to tax liens in real | ||||||
| 17 | property and personal property, tangible and intangible, of | ||||||
| 18 | taxpayers or other persons or entities against whom the | ||||||
| 19 | Department or the Department of Employment Security has liens | ||||||
| 20 | pursuant to law for unpaid final tax liabilities administered | ||||||
| 21 | by the Department. | ||||||
| 22 | (c) Nothing in this Act shall be construed to invalidate | ||||||
| 23 | any lien filed by the Department with a county recorder of | ||||||
| 24 | deeds prior to January 1, 2018 or by the Department of | ||||||
| |||||||
| |||||||
| 1 | Employment Security prior to January 1, 2020 to the effective | ||||||
| 2 | date of this Act.
| ||||||
| 3 | (Source: P.A. 100-22, eff. 1-1-18.)
| ||||||
| 4 | Section 15. The Unemployment Insurance Act is amended by | ||||||
| 5 | changing Sections 401, 403, 1505, 1506.6, 2401, and 2402 and by | ||||||
| 6 | adding Section 2401.1 as follows:
| ||||||
| 7 | (820 ILCS 405/401) (from Ch. 48, par. 401) | ||||||
| 8 | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| ||||||
| 9 | A. With respect to any week beginning in a benefit year | ||||||
| 10 | beginning prior to January 4, 2004, an
individual's weekly | ||||||
| 11 | benefit amount shall be an amount equal to the weekly
benefit | ||||||
| 12 | amount as defined in the provisions of this Act as amended and | ||||||
| 13 | in effect on November 18, 2011.
| ||||||
| 14 | B. 1.
With respect to any benefit year beginning on or | ||||||
| 15 | after January 4, 2004 and
before January 6, 2008, an | ||||||
| 16 | individual's weekly benefit amount shall be 48% of
his or her | ||||||
| 17 | prior average weekly wage, rounded (if not already a multiple | ||||||
| 18 | of one
dollar) to the next higher dollar; provided, however, | ||||||
| 19 | that the weekly benefit
amount cannot exceed the maximum weekly | ||||||
| 20 | benefit amount and cannot be less than
$51. Except as otherwise | ||||||
| 21 | provided in this Section, with respect to any benefit year | ||||||
| 22 | beginning on or after January 6, 2008, an
individual's weekly | ||||||
| 23 | benefit amount shall be 47% of his or her prior average
weekly | ||||||
| 24 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
| |||||||
| |||||||
| 1 | next
higher dollar; provided, however, that the weekly benefit | ||||||
| 2 | amount cannot exceed
the maximum weekly benefit amount and | ||||||
| 3 | cannot be less than $51.
With respect to any benefit year | ||||||
| 4 | beginning in calendar year 2022 2020, an individual's weekly | ||||||
| 5 | benefit amount shall be 40.6% 40.3% of his or her prior average | ||||||
| 6 | weekly wage, rounded (if not already a multiple of one dollar) | ||||||
| 7 | to the next higher dollar; provided, however, that the weekly | ||||||
| 8 | benefit amount cannot exceed the maximum weekly benefit amount | ||||||
| 9 | and cannot be less than $51.
| ||||||
| 10 | 2. For the purposes of this subsection:
| ||||||
| 11 | An
individual's "prior average weekly wage" means the total | ||||||
| 12 | wages for insured
work paid to that individual during the 2 | ||||||
| 13 | calendar quarters of his base
period in which such total wages | ||||||
| 14 | were highest, divided by 26. If
the quotient is not already a | ||||||
| 15 | multiple of one dollar, it shall be
rounded to the nearest | ||||||
| 16 | dollar; however if the quotient is equally near
2 multiples of | ||||||
| 17 | one dollar, it shall be rounded to the higher multiple of
one | ||||||
| 18 | dollar.
| ||||||
| 19 | "Determination date" means June 1 and December 1 of each | ||||||
| 20 | calendar year except that, for the purposes
of this Act only, | ||||||
| 21 | there shall be no June 1 determination date in any
year.
| ||||||
| 22 | "Determination period" means, with respect to each June 1 | ||||||
| 23 | determination
date, the 12 consecutive calendar months ending | ||||||
| 24 | on the immediately preceding
December 31 and, with respect to | ||||||
| 25 | each December 1 determination date, the
12 consecutive calendar | ||||||
| 26 | months ending on the immediately preceding June 30.
| ||||||
| |||||||
| |||||||
| 1 | "Benefit period" means the 12 consecutive calendar month | ||||||
| 2 | period
beginning on the first day of the first calendar month | ||||||
| 3 | immediately following
a determination date, except that, with | ||||||
| 4 | respect to any calendar year
in which there is a June 1 | ||||||
| 5 | determination date, "benefit period" shall mean
the 6 | ||||||
| 6 | consecutive calendar month period beginning on the first day of | ||||||
| 7 | the first
calendar month immediately following the preceding | ||||||
| 8 | December 1 determination
date and the 6 consecutive calendar | ||||||
| 9 | month period beginning on the first
day of the first calendar | ||||||
| 10 | month immediately following the June 1 determination
date.
| ||||||
| 11 | "Gross wages" means all the wages paid to individuals | ||||||
| 12 | during the
determination period immediately preceding a | ||||||
| 13 | determination date for
insured work, and reported to the | ||||||
| 14 | Director by employers prior to the
first day of the third | ||||||
| 15 | calendar month preceding that date.
| ||||||
| 16 | "Covered employment" for any calendar month means the total | ||||||
| 17 | number of
individuals, as determined by the Director, engaged | ||||||
| 18 | in insured work at
mid-month.
| ||||||
| 19 | "Average monthly covered employment" means one-twelfth of | ||||||
| 20 | the sum of
the covered employment for the 12 months of a | ||||||
| 21 | determination period.
| ||||||
| 22 | "Statewide average annual wage" means the quotient, | ||||||
| 23 | obtained by
dividing gross wages by average monthly covered | ||||||
| 24 | employment for the same
determination period, rounded (if not | ||||||
| 25 | already a multiple of one cent) to
the nearest cent.
| ||||||
| 26 | "Statewide average weekly wage" means the quotient, | ||||||
| |||||||
| |||||||
| 1 | obtained by
dividing the statewide average annual wage by 52, | ||||||
| 2 | rounded (if not
already a multiple of one cent) to the nearest | ||||||
| 3 | cent. Notwithstanding any provision of this Section to the | ||||||
| 4 | contrary, the statewide average weekly wage for any benefit | ||||||
| 5 | period prior to calendar year 2012 shall be as determined by | ||||||
| 6 | the provisions of this Act as amended and in effect on November | ||||||
| 7 | 18, 2011. Notwithstanding any
provisions of this Section to the | ||||||
| 8 | contrary, the statewide average weekly
wage for the benefit | ||||||
| 9 | period of calendar year 2012 shall be $856.55 and for each | ||||||
| 10 | calendar year
thereafter, the
statewide average weekly wage | ||||||
| 11 | shall be the statewide
average weekly wage, as determined in | ||||||
| 12 | accordance with
this sentence, for the immediately preceding | ||||||
| 13 | benefit
period plus (or minus) an amount equal to the | ||||||
| 14 | percentage
change in the statewide average weekly wage, as | ||||||
| 15 | computed
in accordance with the first sentence of this | ||||||
| 16 | paragraph,
between the 2 immediately preceding benefit | ||||||
| 17 | periods,
multiplied by the statewide average weekly wage, as
| ||||||
| 18 | determined in accordance with this sentence, for the
| ||||||
| 19 | immediately preceding benefit period.
However, for purposes of | ||||||
| 20 | the
Workers'
Compensation Act, the statewide average weekly | ||||||
| 21 | wage will be computed
using June 1 and December 1 determination | ||||||
| 22 | dates of each calendar year and
such determination shall not be | ||||||
| 23 | subject to the limitation of the statewide average weekly wage | ||||||
| 24 | as
computed in accordance with the preceding sentence of this
| ||||||
| 25 | paragraph.
| ||||||
| 26 | With respect to any week beginning in a benefit year | ||||||
| |||||||
| |||||||
| 1 | beginning prior to January 4, 2004, "maximum weekly benefit | ||||||
| 2 | amount" with respect to each week beginning within a benefit | ||||||
| 3 | period shall be as defined in the provisions of this Act as | ||||||
| 4 | amended and in effect on November 18, 2011.
| ||||||
| 5 | With respect to any benefit year beginning on or after | ||||||
| 6 | January 4, 2004 and
before January 6, 2008, "maximum weekly | ||||||
| 7 | benefit amount" with respect to each
week beginning within a | ||||||
| 8 | benefit period means 48% of the statewide average
weekly wage, | ||||||
| 9 | rounded (if not already a multiple of one dollar) to the next
| ||||||
| 10 | higher dollar.
| ||||||
| 11 | Except as otherwise provided in this Section, with respect | ||||||
| 12 | to any benefit year beginning on or after January 6, 2008,
| ||||||
| 13 | "maximum weekly benefit amount" with respect to each week | ||||||
| 14 | beginning within a
benefit period means 47% of the statewide | ||||||
| 15 | average weekly wage, rounded (if not
already a multiple of one | ||||||
| 16 | dollar) to the next higher dollar.
| ||||||
| 17 | With respect to any benefit year beginning in calendar year | ||||||
| 18 | 2022 2020, "maximum weekly benefit amount" with respect to each | ||||||
| 19 | week beginning within a benefit period means 40.6% 40.3% of the | ||||||
| 20 | statewide average weekly wage, rounded (if not already a | ||||||
| 21 | multiple of one dollar) to the next higher dollar. | ||||||
| 22 | C. With respect to any week beginning in a benefit year | ||||||
| 23 | beginning prior to January 4, 2004, an individual's eligibility | ||||||
| 24 | for a dependent allowance with respect to a nonworking spouse | ||||||
| 25 | or one or more dependent children shall be as defined by the | ||||||
| 26 | provisions of this Act as amended and in effect on November 18, | ||||||
| |||||||
| |||||||
| 1 | 2011.
| ||||||
| 2 | With respect to any benefit year beginning on or after | ||||||
| 3 | January 4, 2004 and
before January 6, 2008, an individual to | ||||||
| 4 | whom benefits are payable with respect
to any week shall, in | ||||||
| 5 | addition to those benefits, be paid, with respect to such
week, | ||||||
| 6 | as follows: in the case of an individual with a nonworking | ||||||
| 7 | spouse, 9% of
his or her prior average weekly wage, rounded (if | ||||||
| 8 | not already a multiple of one
dollar) to the next higher | ||||||
| 9 | dollar, provided, that the total amount payable to
the | ||||||
| 10 | individual with respect to a week shall not exceed 57% of the | ||||||
| 11 | statewide
average weekly wage, rounded (if not already a | ||||||
| 12 | multiple of one dollar) to the
next higher dollar; and in the | ||||||
| 13 | case of an individual with a dependent child or
dependent | ||||||
| 14 | children, 17.2% of his or her prior average weekly wage, | ||||||
| 15 | rounded (if
not already a multiple of one dollar) to the next | ||||||
| 16 | higher dollar, provided that
the total amount payable to the | ||||||
| 17 | individual with respect to a week shall not
exceed 65.2% of the | ||||||
| 18 | statewide average weekly wage, rounded (if not already a
| ||||||
| 19 | multiple of one dollar) to the next higher dollar.
| ||||||
| 20 | With respect to any benefit year beginning on or after | ||||||
| 21 | January 6, 2008 and before January 1, 2010, an
individual to | ||||||
| 22 | whom benefits are payable with respect to any week shall, in
| ||||||
| 23 | addition to those benefits, be paid, with respect to such week, | ||||||
| 24 | as follows: in
the case of an individual with a nonworking | ||||||
| 25 | spouse, 9% of his or her prior
average weekly wage, rounded (if | ||||||
| 26 | not already a multiple of one dollar) to the
next higher | ||||||
| |||||||
| |||||||
| 1 | dollar, provided, that the total amount payable
to the | ||||||
| 2 | individual with respect to a week shall not exceed 56% of the | ||||||
| 3 | statewide
average weekly wage, rounded (if not already a | ||||||
| 4 | multiple of one dollar) to the
next higher dollar; and in the | ||||||
| 5 | case of an individual with a dependent child or
dependent | ||||||
| 6 | children, 18.2% of his or her prior average weekly wage, | ||||||
| 7 | rounded (if
not already a multiple of one dollar) to the next | ||||||
| 8 | higher dollar, provided that
the total amount payable to the | ||||||
| 9 | individual with respect to a week
shall not exceed 65.2% of the | ||||||
| 10 | statewide average weekly wage, rounded (if not
already a | ||||||
| 11 | multiple of one dollar) to the next higher dollar. | ||||||
| 12 | The additional
amount paid pursuant to this subsection in | ||||||
| 13 | the case of an individual with a
dependent child or dependent | ||||||
| 14 | children shall be referred to as the "dependent
child | ||||||
| 15 | allowance", and the percentage rate by which an individual's | ||||||
| 16 | prior average weekly wage is multiplied pursuant to this | ||||||
| 17 | subsection to calculate the dependent child allowance shall be | ||||||
| 18 | referred to as the "dependent child allowance rate". | ||||||
| 19 | Except as otherwise provided in this Section, with respect | ||||||
| 20 | to any benefit year beginning on or after January 1, 2010, an | ||||||
| 21 | individual to whom benefits are payable with respect to any | ||||||
| 22 | week shall, in addition to those benefits, be paid, with | ||||||
| 23 | respect to such week, as follows: in the case of an individual | ||||||
| 24 | with a nonworking spouse, the greater of (i) 9% of his or her | ||||||
| 25 | prior average weekly wage, rounded (if not already a multiple | ||||||
| 26 | of one dollar) to the next higher dollar, or (ii) $15, provided | ||||||
| |||||||
| |||||||
| 1 | that the total amount payable to the individual with respect to | ||||||
| 2 | a week shall not exceed 56% of the statewide average weekly | ||||||
| 3 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
| 4 | next higher dollar; and in the case of an individual with a | ||||||
| 5 | dependent child or dependent children, the greater of (i) the | ||||||
| 6 | product of the dependent child allowance rate multiplied by his | ||||||
| 7 | or her prior average weekly wage, rounded (if not already a | ||||||
| 8 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
| 9 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
| 10 | rounded (if not already a multiple of one dollar) to the next | ||||||
| 11 | higher dollar, provided that the total amount payable to the | ||||||
| 12 | individual with respect to a week shall not exceed the product | ||||||
| 13 | of the statewide average weekly wage multiplied by the sum of | ||||||
| 14 | 47% plus the dependent child allowance rate, rounded (if not | ||||||
| 15 | already a multiple of one dollar) to the next higher dollar. | ||||||
| 16 | With respect to any benefit year beginning in calendar year | ||||||
| 17 | 2022 2020, an individual to whom benefits are payable with | ||||||
| 18 | respect to any week shall, in addition to those benefits, be | ||||||
| 19 | paid, with respect to such week, as follows: in the case of an | ||||||
| 20 | individual with a nonworking spouse, the greater of (i) 9% of | ||||||
| 21 | his or her prior average weekly wage, rounded (if not already a | ||||||
| 22 | multiple of one dollar) to the next higher dollar, or (ii) $15, | ||||||
| 23 | provided that the total amount payable to the individual with | ||||||
| 24 | respect to a week shall not exceed 49.6% 49.3% of the statewide | ||||||
| 25 | average weekly wage, rounded (if not already a multiple of one | ||||||
| 26 | dollar) to the next higher dollar; and in the case of an | ||||||
| |||||||
| |||||||
| 1 | individual with a dependent child or dependent children, the | ||||||
| 2 | greater of (i) the product of the dependent child allowance | ||||||
| 3 | rate multiplied by his or her prior average weekly wage, | ||||||
| 4 | rounded (if not already a multiple of one dollar) to the next | ||||||
| 5 | higher dollar, or (ii) the lesser of $50 or 50% of his or her | ||||||
| 6 | weekly benefit amount, rounded (if not already a multiple of | ||||||
| 7 | one dollar) to the next higher dollar, provided that the total | ||||||
| 8 | amount payable to the individual with respect to a week shall | ||||||
| 9 | not exceed the product of the statewide average weekly wage | ||||||
| 10 | multiplied by the sum of 40.6% 40.3% plus the dependent child | ||||||
| 11 | allowance rate, rounded (if not already a multiple of one | ||||||
| 12 | dollar) to the next higher dollar. | ||||||
| 13 | With respect to each benefit year beginning after calendar | ||||||
| 14 | year 2012, the
dependent child allowance rate shall be the sum | ||||||
| 15 | of the allowance adjustment
applicable pursuant to Section | ||||||
| 16 | 1400.1 to the calendar year in which the benefit
year begins, | ||||||
| 17 | plus the dependent child
allowance rate with respect to each | ||||||
| 18 | benefit year beginning in the immediately
preceding calendar | ||||||
| 19 | year, except as otherwise provided in this subsection. The | ||||||
| 20 | dependent
child allowance rate with respect to each benefit | ||||||
| 21 | year beginning in calendar year 2010 shall be 17.9%.
The | ||||||
| 22 | dependent child allowance rate with respect to each benefit | ||||||
| 23 | year beginning in calendar year 2011 shall be 17.4%. The | ||||||
| 24 | dependent child allowance rate with respect to each benefit | ||||||
| 25 | year beginning in calendar year 2012 shall be 17.0% and, with | ||||||
| 26 | respect to each benefit year beginning after calendar year | ||||||
| |||||||
| |||||||
| 1 | 2012, shall not be less than 17.0% or greater than 17.9%.
| ||||||
| 2 | For the purposes of this subsection:
| ||||||
| 3 | "Dependent" means a child or a nonworking spouse.
| ||||||
| 4 | "Child" means a natural child, stepchild, or adopted child | ||||||
| 5 | of an
individual claiming benefits under this Act or a child | ||||||
| 6 | who is in the
custody of any such individual by court order, | ||||||
| 7 | for whom the individual is
supplying and, for at least 90 | ||||||
| 8 | consecutive days (or for the duration of
the parental | ||||||
| 9 | relationship if it has existed for less than 90 days)
| ||||||
| 10 | immediately preceding any week with respect to which the | ||||||
| 11 | individual has
filed a claim, has supplied more than one-half | ||||||
| 12 | the cost of support, or
has supplied at least 1/4 of the cost | ||||||
| 13 | of support if the individual and
the other parent, together, | ||||||
| 14 | are supplying and, during the aforesaid
period, have supplied | ||||||
| 15 | more than one-half the cost of support, and are,
and were | ||||||
| 16 | during the aforesaid period, members of the same household; and
| ||||||
| 17 | who, on the first day of such week (a) is under 18 years of age, | ||||||
| 18 | or (b)
is, and has been during the immediately preceding 90 | ||||||
| 19 | days, unable to
work because of illness or other disability: | ||||||
| 20 | provided, that no person
who has been determined to be a child | ||||||
| 21 | of an individual who has been
allowed benefits with respect to | ||||||
| 22 | a week in the individual's benefit
year shall be deemed to be a | ||||||
| 23 | child of the other parent, and no other
person shall be | ||||||
| 24 | determined to be a child of such other parent, during
the | ||||||
| 25 | remainder of that benefit year.
| ||||||
| 26 | "Nonworking spouse" means the lawful husband or wife of an | ||||||
| |||||||
| |||||||
| 1 | individual
claiming benefits under this Act, for whom more than | ||||||
| 2 | one-half the cost
of support has been supplied by the | ||||||
| 3 | individual for at least 90
consecutive days (or for the | ||||||
| 4 | duration of the marital relationship if it
has existed for less | ||||||
| 5 | than 90 days) immediately preceding any week with
respect to | ||||||
| 6 | which the individual has filed a claim, but only if the
| ||||||
| 7 | nonworking spouse is currently ineligible to receive benefits | ||||||
| 8 | under this
Act by reason of the provisions of Section 500E.
| ||||||
| 9 | An individual who was obligated by law to provide for the | ||||||
| 10 | support of
a child or of a nonworking spouse for the aforesaid | ||||||
| 11 | period of 90 consecutive
days, but was prevented by illness or | ||||||
| 12 | injury from doing so, shall be deemed
to have provided more | ||||||
| 13 | than one-half the cost of supporting the child or
nonworking | ||||||
| 14 | spouse for that period.
| ||||||
| 15 | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| ||||||
| 16 | (820 ILCS 405/403) (from Ch. 48, par. 403)
| ||||||
| 17 | Sec. 403. Maximum total amount of benefits. | ||||||
| 18 | A. With respect to
any benefit year beginning prior to | ||||||
| 19 | September 30, 1979, any otherwise eligible
individual shall be | ||||||
| 20 | entitled, during such benefit year, to a maximum
total amount | ||||||
| 21 | of benefits as shall be determined in the manner set forth
in | ||||||
| 22 | this Act as amended and in effect on November 9, 1977.
| ||||||
| 23 | B. With respect to any benefit year beginning on or after | ||||||
| 24 | September 30,
1979, except as otherwise provided in this | ||||||
| 25 | Section, any otherwise eligible individual shall be entitled, | ||||||
| |||||||
| |||||||
| 1 | during such benefit
year, to a maximum total amount of benefits | ||||||
| 2 | equal to 26 times his or her weekly
benefit amount plus | ||||||
| 3 | dependents' allowances, or to the total wages for insured
work | ||||||
| 4 | paid to such individual during the individual's base period, | ||||||
| 5 | whichever
amount is smaller. With respect to any benefit year | ||||||
| 6 | beginning in calendar year 2012, any otherwise eligible | ||||||
| 7 | individual shall be entitled, during such benefit year, to a | ||||||
| 8 | maximum total amount of benefits equal to 25 times his or her | ||||||
| 9 | weekly benefit amount plus dependents' allowances, or to the | ||||||
| 10 | total wages for insured work paid to such individual during the | ||||||
| 11 | individual's base period, whichever amount is smaller. With | ||||||
| 12 | respect to any benefit year beginning in calendar year 2022 | ||||||
| 13 | 2020, any otherwise eligible individual shall be entitled, | ||||||
| 14 | during such benefit year, to a maximum total amount of benefits | ||||||
| 15 | equal to 24 times his or her weekly benefit amount plus | ||||||
| 16 | dependents' allowances, or to the total wages for insured work | ||||||
| 17 | paid to such individual during the individual's base period, | ||||||
| 18 | whichever amount is smaller.
| ||||||
| 19 | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| ||||||
| 20 | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| ||||||
| 21 | Sec. 1505. Adjustment of state experience factor. The state | ||||||
| 22 | experience
factor shall be adjusted in accordance with the | ||||||
| 23 | following provisions:
| ||||||
| 24 | A. For calendar years prior to 1988, the state experience | ||||||
| 25 | factor shall be adjusted in accordance with the provisions of | ||||||
| |||||||
| |||||||
| 1 | this Act as amended and in effect on November 18, 2011.
| ||||||
| 2 | B. (Blank).
| ||||||
| 3 | C. For calendar year 1988
and each calendar year | ||||||
| 4 | thereafter, for which the state
experience factor is being | ||||||
| 5 | determined.
| ||||||
| 6 | 1. For every $50,000,000 (or fraction thereof) by which
| ||||||
| 7 | the adjusted trust fund balance falls below the target | ||||||
| 8 | balance set forth in
this subsection,
the state experience | ||||||
| 9 | factor for the succeeding year shall
be increased one | ||||||
| 10 | percent absolute.
| ||||||
| 11 | For every $50,000,000 (or fraction thereof) by which
| ||||||
| 12 | the adjusted trust fund balance exceeds the target balance | ||||||
| 13 | set forth in this
subsection, the
state experience factor | ||||||
| 14 | for the succeeding year shall be
decreased by one percent | ||||||
| 15 | absolute.
| ||||||
| 16 | The target balance in each calendar year prior to 2003 | ||||||
| 17 | is $750,000,000.
The
target balance in
calendar year 2003 | ||||||
| 18 | is $920,000,000. The target balance in calendar year 2004 | ||||||
| 19 | is
$960,000,000.
The target balance in calendar year 2005 | ||||||
| 20 | and each calendar year thereafter
is
$1,000,000,000.
| ||||||
| 21 | 2. For the purposes of this subsection:
| ||||||
| 22 | "Net trust fund balance" is the amount standing to the
| ||||||
| 23 | credit of this State's account in the unemployment trust
| ||||||
| 24 | fund as of June 30 of the calendar year immediately | ||||||
| 25 | preceding
the year for which a state experience factor is | ||||||
| 26 | being determined.
| ||||||
| |||||||
| |||||||
| 1 | "Adjusted trust fund balance" is the net trust fund | ||||||
| 2 | balance
minus the sum of the benefit reserves for fund | ||||||
| 3 | building
for July 1, 1987 through June 30 of the year prior | ||||||
| 4 | to the
year for which the state experience factor is being | ||||||
| 5 | determined.
The adjusted trust fund balance shall not be | ||||||
| 6 | less than
zero. If the preceding calculation results in a | ||||||
| 7 | number
which is less than zero, the amount by which it is | ||||||
| 8 | less
than zero shall reduce the sum of the benefit reserves
| ||||||
| 9 | for fund building for subsequent years.
| ||||||
| 10 | For the purpose of determining the state experience | ||||||
| 11 | factor
for 1989 and for each calendar year thereafter, the | ||||||
| 12 | following
"benefit reserves for fund building" shall apply | ||||||
| 13 | for each
state experience factor calculation in which that | ||||||
| 14 | 12 month
period is applicable:
| ||||||
| 15 | a. For the 12 month period ending on June 30, 1988, | ||||||
| 16 | the
"benefit reserve for fund building" shall be | ||||||
| 17 | 8/104th of
the total benefits paid from January 1, 1988 | ||||||
| 18 | through June 30, 1988.
| ||||||
| 19 | b. For the 12 month period ending on June 30, 1989, | ||||||
| 20 | the
"benefit reserve for fund building" shall be the | ||||||
| 21 | sum of:
| ||||||
| 22 | i. 8/104ths of the total benefits paid from | ||||||
| 23 | July 1,
1988 through December 31, 1988, plus
| ||||||
| 24 | ii. 4/108ths of the total benefits paid from | ||||||
| 25 | January
1, 1989 through June 30, 1989.
| ||||||
| 26 | c. For the 12 month period ending on June 30, 1990, | ||||||
| |||||||
| |||||||
| 1 | the
"benefit reserve for fund building" shall be | ||||||
| 2 | 4/108ths of
the total benefits paid from July 1, 1989 | ||||||
| 3 | through December 31, 1989.
| ||||||
| 4 | d. For 1992 and for each calendar year thereafter, | ||||||
| 5 | the
"benefit reserve for fund building" for the 12 | ||||||
| 6 | month period
ending on June 30, 1991 and for each | ||||||
| 7 | subsequent 12 month
period shall be zero.
| ||||||
| 8 | 3. Notwithstanding the preceding provisions of this | ||||||
| 9 | subsection,
for calendar years 1988 through 2003, the state | ||||||
| 10 | experience factor shall not
be increased or decreased
by | ||||||
| 11 | more than 15 percent absolute.
| ||||||
| 12 | D. Notwithstanding the provisions of subsection C, the
| ||||||
| 13 | adjusted state experience factor:
| ||||||
| 14 | 1. Shall be 111 percent for calendar year 1988;
| ||||||
| 15 | 2. Shall not be less than 75 percent nor greater than
| ||||||
| 16 | 135 percent for calendar years 1989 through 2003; and shall | ||||||
| 17 | not
be less than 75% nor greater than 150% for calendar | ||||||
| 18 | year 2004 and each
calendar year
thereafter, not counting | ||||||
| 19 | any increase pursuant to subsection D-1, D-2, or D-3;
| ||||||
| 20 | 3. Shall not be decreased by more than 5 percent | ||||||
| 21 | absolute for any
calendar year, beginning in calendar year | ||||||
| 22 | 1989 and through calendar year
1992, by more than 6% | ||||||
| 23 | absolute for calendar years 1993
through 1995, by more than | ||||||
| 24 | 10% absolute for calendar years
1999 through 2003 and by | ||||||
| 25 | more than 12% absolute for calendar year 2004 and
each | ||||||
| 26 | calendar year thereafter, from the adjusted state
| ||||||
| |||||||
| |||||||
| 1 | experience factor of the calendar year preceding the | ||||||
| 2 | calendar year for which
the adjusted state experience | ||||||
| 3 | factor is being determined;
| ||||||
| 4 | 4. Shall not be increased by more than 15% absolute for | ||||||
| 5 | calendar year
1993, by more than 14% absolute for calendar | ||||||
| 6 | years 1994 and
1995, by more than 10% absolute for calendar | ||||||
| 7 | years 1999
through 2003 and by more than 16% absolute for | ||||||
| 8 | calendar year 2004 and each
calendar
year
thereafter, from | ||||||
| 9 | the adjusted state experience factor for the calendar year
| ||||||
| 10 | preceding the calendar year for which the adjusted state | ||||||
| 11 | experience factor
is being determined;
| ||||||
| 12 | 5. Shall be 100% for calendar years 1996, 1997, and | ||||||
| 13 | 1998.
| ||||||
| 14 | D-1. The adjusted state experience factor for each of | ||||||
| 15 | calendar years 2013 through 2015 shall be increased by 5% | ||||||
| 16 | absolute above the adjusted state experience factor as | ||||||
| 17 | calculated without regard to this subsection. The adjusted | ||||||
| 18 | state experience factor for each of calendar years 2016 through | ||||||
| 19 | 2018 shall be increased by 6% absolute above the adjusted state | ||||||
| 20 | experience factor as calculated without regard to this | ||||||
| 21 | subsection. The increase in the adjusted state experience | ||||||
| 22 | factor for calendar year 2018 pursuant to this subsection shall | ||||||
| 23 | not be counted for purposes of applying paragraph 3 or 4 of | ||||||
| 24 | subsection D to the calculation of the adjusted state | ||||||
| 25 | experience factor for calendar year 2019. | ||||||
| 26 | D-2. (Blank). | ||||||
| |||||||
| |||||||
| 1 | D-3. The adjusted state experience factor for calendar year | ||||||
| 2 | 2022 2020 shall be increased by 22% 21% absolute above the | ||||||
| 3 | adjusted state experience factor as calculated without regard | ||||||
| 4 | to this subsection. The increase in the adjusted state | ||||||
| 5 | experience factor for calendar year 2022 2020 pursuant to this | ||||||
| 6 | subsection shall not be counted for purposes of applying | ||||||
| 7 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
| 8 | adjusted state experience factor for calendar year 2023 2021. | ||||||
| 9 | E. The amount standing to the credit of this State's | ||||||
| 10 | account in the
unemployment trust fund as of June 30 shall be | ||||||
| 11 | deemed to include as part
thereof (a) any amount receivable on | ||||||
| 12 | that date from any Federal
governmental agency, or as a payment | ||||||
| 13 | in lieu of contributions under the
provisions of Sections 1403 | ||||||
| 14 | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | ||||||
| 15 | benefits paid to individuals, and (b) amounts
credited by the | ||||||
| 16 | Secretary of the Treasury of the United States to this
State's | ||||||
| 17 | account in the unemployment trust fund pursuant to Section 903
| ||||||
| 18 | of the Federal Social Security Act, as amended, including any | ||||||
| 19 | such
amounts which have been appropriated by the General | ||||||
| 20 | Assembly in
accordance with the provisions of Section 2100 B | ||||||
| 21 | for expenses of
administration, except any amounts which have | ||||||
| 22 | been obligated on or
before that date pursuant to such | ||||||
| 23 | appropriation.
| ||||||
| 24 | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| ||||||
| 25 | (820 ILCS 405/1506.6) | ||||||
| |||||||
| |||||||
| 1 | Sec. 1506.6. Surcharge; specified period. For each | ||||||
| 2 | employer whose contribution rate for calendar year 2022 2020 is | ||||||
| 3 | determined pursuant to Section 1500 or 1506.1, in addition to | ||||||
| 4 | the contribution rate established pursuant to Section 1506.3, | ||||||
| 5 | an additional surcharge of 0.425% shall be added to the | ||||||
| 6 | contribution rate. The surcharge established by this Section | ||||||
| 7 | shall be due at the same time as other contributions with | ||||||
| 8 | respect to the quarter are due, as provided in Section 1400. | ||||||
| 9 | Payments attributable to the surcharge established pursuant to | ||||||
| 10 | this Section shall be contributions and deposited into the | ||||||
| 11 | clearing account.
| ||||||
| 12 | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| ||||||
| 13 | (820 ILCS 405/2401) (from Ch. 48, par. 721)
| ||||||
| 14 | Sec. 2401. Recording and release of lien. | ||||||
| 15 | A. The lien created by Section 2400 shall be invalid only | ||||||
| 16 | as to any
innocent purchaser for value of stock in trade of any | ||||||
| 17 | employer in the usual
course of such employer's business, and | ||||||
| 18 | shall be invalid as to any innocent
purchaser for value of any | ||||||
| 19 | of the other assets to which such lien has
attached, unless, | ||||||
| 20 | with respect to liens created prior to January 1, 2020, notice | ||||||
| 21 | thereof has been filed by the Director in the
office of the | ||||||
| 22 | recorder of the county within which the property
subject to the | ||||||
| 23 | lien is situated or, with respect to liens created on or after | ||||||
| 24 | January 1, 2020, notice has been filed in the Lien Registry as | ||||||
| 25 | provided by Section 2401.1. The Director may, in his | ||||||
| |||||||
| |||||||
| 1 | discretion, for
good cause shown, issue a certificate of | ||||||
| 2 | withdrawal of notice of lien filed
against any employer, which | ||||||
| 3 | certificate shall be recorded in the same
manner as herein | ||||||
| 4 | provided for the recording of notice of liens. Such
withdrawal | ||||||
| 5 | of notice of lien shall invalidate such lien as against any
| ||||||
| 6 | person acquiring any of such employer's property or any | ||||||
| 7 | interest therein,
subsequent to the recordation of the | ||||||
| 8 | withdrawal of notice of lien, but
shall not otherwise affect | ||||||
| 9 | the validity of such lien, nor shall it prevent
the Director | ||||||
| 10 | from re-recording notice of such lien. In the event notice of
| ||||||
| 11 | such lien is re-recorded, such notice shall be effective as | ||||||
| 12 | against third
persons only as of the date of such | ||||||
| 13 | re-recordation. Recording a lien in the Lien Registry which had | ||||||
| 14 | previously been recorded by the Director with a county recorder | ||||||
| 15 | of deeds shall not constitute a re-recordation of that lien and | ||||||
| 16 | does not change the original filing date of such lien.
| ||||||
| 17 | B. The recorder of each county shall procure at the expense | ||||||
| 18 | of
the county a file labeled "Unemployment Compensation | ||||||
| 19 | Contribution Lien
Notice" and an index book labeled | ||||||
| 20 | "Unemployment Compensation Contribution
Lien Index." When a | ||||||
| 21 | notice of any such lien is presented to him for filing,
he | ||||||
| 22 | shall file it in numerical order in the file and shall enter it
| ||||||
| 23 | alphabetically in the index. The entry shall show the name and | ||||||
| 24 | last known
business address of the employer named in the | ||||||
| 25 | notice, the serial number of
the notice, the date and hour of | ||||||
| 26 | filing, and the amount of contribution,
interest and penalty | ||||||
| |||||||
| |||||||
| 1 | thereon due and unpaid. When a certificate of complete
or | ||||||
| 2 | partial release of such lien issued by the Director is | ||||||
| 3 | presented for
filing in the office of the recorder where a | ||||||
| 4 | notice of lien was
filed, the recorder shall permanently attach | ||||||
| 5 | the certificate of release to
the notice of lien and shall | ||||||
| 6 | enter the certificate of release and the date
in the | ||||||
| 7 | Unemployment Compensation Contribution Lien Index on the line | ||||||
| 8 | where
the notice of lien is entered. In case title to land to | ||||||
| 9 | be affected by the
Notice of Lien is registered under the | ||||||
| 10 | provisions of "An Act Concerning
Land Titles", approved May 1, | ||||||
| 11 | 1897, as amended, such notice shall be
filed in the office of | ||||||
| 12 | the Registrar of Titles of the county within which
the property | ||||||
| 13 | subject to the lien is situated and shall be entered upon the
| ||||||
| 14 | register of titles as a memorial or charge upon each folium of | ||||||
| 15 | the register
of title affected by such notice, and the Director | ||||||
| 16 | shall not have a
preference over the rights of any bona fide | ||||||
| 17 | purchaser, mortgagee, judgment
creditor or other lien holder | ||||||
| 18 | arising prior to the registration of such
notice.
| ||||||
| 19 | C. The Director shall have the power to issue a certificate | ||||||
| 20 | of partial
release of any part of the property subject to the | ||||||
| 21 | lien if he shall find
that the fair market value of that part | ||||||
| 22 | of such property remaining subject
to the lien is at least | ||||||
| 23 | equal to the amount of all prior liens upon such
property plus | ||||||
| 24 | double the amount of the liability for contributions,
interest | ||||||
| 25 | and penalties thereon remaining unsatisfied.
| ||||||
| 26 | D. Where the amount of or the liability for the payment of | ||||||
| |||||||
| |||||||
| 1 | any
contribution, interest or penalty is contested by any | ||||||
| 2 | employing unit
against whose property a lien has attached, and | ||||||
| 3 | the determination of the
Director with reference to such | ||||||
| 4 | contribution has not become final, the
Director may issue a | ||||||
| 5 | certificate of release of lien upon the furnishing of
bond by | ||||||
| 6 | such employing unit in 125% the amount of the sum of such
| ||||||
| 7 | contribution, interest and penalty, for which lien is claimed, | ||||||
| 8 | with good
and sufficient surety to be approved by the Director | ||||||
| 9 | conditioned upon the
prompt payment of such contribution, | ||||||
| 10 | together with interest and penalty
thereon, by such employing | ||||||
| 11 | unit to the Director immediately upon the
decision of the | ||||||
| 12 | Director in respect to the liability for such contribution,
| ||||||
| 13 | interest and penalty becoming final.
| ||||||
| 14 | E. When a lien filed by the Director before January 1, 2020 | ||||||
| 15 | obtained pursuant to this Act has been satisfied, the
| ||||||
| 16 | Department shall issue a release to the person, or his or her | ||||||
| 17 | agent, against whom
the lien was obtained and such release | ||||||
| 18 | shall contain in legible letters a
statement as follows:
| ||||||
| 19 | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
| ||||||
| 20 | BE FILED WITH THE RECORDER OR THE REGISTRAR
| ||||||
| 21 | OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
| ||||||
| 22 | E-1. When a lien filed by the Director in the Lien Registry | ||||||
| 23 | has been satisfied, the Department shall permanently attach a | ||||||
| 24 | certificate of complete or partial release, as the case may be, | ||||||
| 25 | in the Lien Registry and provide notice of the release to the | ||||||
| 26 | person, or his or her agent, against whom the lien was | ||||||
| |||||||
| |||||||
| 1 | obtained. | ||||||
| 2 | F. The Director may, by rule, require, as a condition of | ||||||
| 3 | withdrawing, releasing, or partially releasing a lien recorded | ||||||
| 4 | pursuant to this Section, that the employer reimburse the | ||||||
| 5 | Department for any recording fees paid with respect to the | ||||||
| 6 | lien. | ||||||
| 7 | (Source: P.A. 98-107, eff. 7-1-14; 98-1133, eff. 12-23-14.)
| ||||||
| 8 | (820 ILCS 405/2401.1 new) | ||||||
| 9 | Sec. 2401.1. Lien registry. | ||||||
| 10 | A. As used in this Section: | ||||||
| 11 | 1. "Debtor" means an employer or individual against | ||||||
| 12 | whom there is an unpaid determination and assessment | ||||||
| 13 | collectible by the Director. | ||||||
| 14 | 2. "Lien Registry" means the public database | ||||||
| 15 | maintained by the Department of Revenue as provided by the | ||||||
| 16 | State Tax Lien Registration Act. | ||||||
| 17 | B. A notice of lien filed by the Director in the Lien | ||||||
| 18 | Registry shall include: | ||||||
| 19 | 1. the name and last known address of the debtor; | ||||||
| 20 | 2. the name and address of the Department; | ||||||
| 21 | 3. the lien number assigned to the lien by the | ||||||
| 22 | Department; | ||||||
| 23 | 4. the basis for the lien, including, but not limited | ||||||
| 24 | to, the amount of contribution, interest, and penalty due | ||||||
| 25 | and unpaid as of the date of filing in the Lien Registry; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | 5. the county or counties where the real property of | ||||||
| 3 | the debtor to which the lien will attach is located. | ||||||
| 4 | C. When a notice of lien is filed by the Director in the | ||||||
| 5 | Lien Registry, the lien is perfected and shall be attached to | ||||||
| 6 | all existing and after-acquired: (1) personal property of the | ||||||
| 7 | debtor, both tangible and intangible, that is located in any | ||||||
| 8 | and all counties within the State of Illinois; and (2) real | ||||||
| 9 | property of the debtor located in the county or counties as | ||||||
| 10 | specified in the notice of lien. | ||||||
| 11 | D. The amount of the lien shall be a debt due the Director | ||||||
| 12 | and shall remain a lien upon all property and rights to: (1) | ||||||
| 13 | personal property of the debtor, both tangible and intangible, | ||||||
| 14 | that is located in any and all counties within the State of | ||||||
| 15 | Illinois; and (2) real property of the debtor located in the | ||||||
| 16 | county or counties as specified in the notice of lien. Interest | ||||||
| 17 | and penalty shall accrue on the lien as provided by this Act. | ||||||
| 18 | E. A notice of release, partial release, or withdrawal of | ||||||
| 19 | lien filed in the Lien Registry shall constitute a release, | ||||||
| 20 | partial release, or withdrawal, as the case may be, of the lien | ||||||
| 21 | within the Department, the Lien Registry, and any county in | ||||||
| 22 | which the lien was previously filed. The information contained | ||||||
| 23 | on the Lien Registry shall be controlling, and the Lien | ||||||
| 24 | Registry shall supersede the records of any county. | ||||||
| 25 | F. Information contained in the Lien Registry shall be | ||||||
| 26 | maintained and made accessible as provided by Section 1-30 of | ||||||
| |||||||
| |||||||
| 1 | the State Tax Lien Registration Act. | ||||||
| 2 | G. Nothing in this Section shall be construed to invalidate | ||||||
| 3 | any lien filed by the Department with a county recorder of | ||||||
| 4 | deeds prior to the effective date of this Act. | ||||||
| 5 | H. In the event of conflict between this Section and any | ||||||
| 6 | other law, this Section shall control.
| ||||||
| 7 | (820 ILCS 405/2402) (from Ch. 48, par. 722)
| ||||||
| 8 | Sec. 2402.
Priority
of lien.
The lien created by Section | ||||||
| 9 | 2400 shall be prior to all other liens,
whether general or | ||||||
| 10 | specific, and shall be inferior only to any claim for
wages | ||||||
| 11 | filed pursuant to "An Act to protect employees and laborers in | ||||||
| 12 | their
claims for wages" approved June 15, 1887, as amended, in | ||||||
| 13 | an amount not
exceeding $250.00 for work performed within six | ||||||
| 14 | months from the date of
filing such claim, and to such liens as | ||||||
| 15 | shall attach prior to the filing of
Notice of Lien by the | ||||||
| 16 | Director with the recorder as provided in
this Act; provided, | ||||||
| 17 | however, that in all cases where statutory provision
is made | ||||||
| 18 | for the recordation or other public notice of a lien, the lien | ||||||
| 19 | of
the Director shall be inferior only to such liens as shall | ||||||
| 20 | have been duly
recorded, or of which public notice shall have | ||||||
| 21 | been duly given, in the
manner provided by such statute, prior | ||||||
| 22 | to the filing of notice of lien by
the Director with the | ||||||
| 23 | recorder as in this Act provided.
| ||||||
| 24 | (Source: P.A. 83-358.)
| ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 405/1900.2 rep.) | ||||||
| 2 | Section 20. The Unemployment Insurance Act is amended by | ||||||
| 3 | repealing Section 1900.2.".
| ||||||
