Rep. Will Guzzardi

Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately. Fiscal Note (Dept. of Employment Security) The legislation may have a fiscal impact on the Illinois Unemployment Insurance Trust Fund. The reported data indicates that for the programs payable under Illinois state law: (1) Fiscal Year 2019, non-fraudulent recovery totaled approximately $14,303,046.00; (2) Fiscal Year 2020, non-fraudulent recovery totaled approximately $16,552,059.00; and (3) First and Second Quarter Fiscal Year 2021, non-fraudulent recovery totaled approximately $10,147,378.00. Based on the above data, it appears the legislation could forgive $3.5 million to $5.1 million for each quarter the waiver provision remained in effect. While the system is generally designed to replenish the state’s Unemployment Trust Fund account by charging employers for benefits paid from the account, employers would not be directly charged for the forgiven overpayments as the bill is currently written.

Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately. House Committee Amendment No. 2 Adds reference to: 410 ILCS 705/10-50 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 410 ILCS 705/10-50 rep. Adds reference to: 410 ILCS 705/10-50 Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety. Senate Committee Amendment No. 1 Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.

Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 1, 2022.

Amends "An Act in relation to violence against women", approved August 5, 2003, Public Act 93-416, by adding clauses to the preamble. Amends the Gender Violence Act. Includes domestic violence in the definition of "gender-related violence". Provides that an employer shall be liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in: (1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee; (2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures; (3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or (4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee. Requires an action based on gender-related violence relating to domestic violence to be commenced within 7 years after the cause of action accrued or, in a case where the person was a minor at the time the cause of action accrued, within 7 years of the person reaching the age of 18. Provides that no person has the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall only be liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Makes corresponding changes.

Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number. Creates a child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Amends the State Finance Act. Provides that the State shall not expend or invest any public funds in any organization, nonprofit organization, religious organization, or any other entity that performs conversion therapy. Provides that any public funds owed by the State to an organization performing conversion therapy shall be withheld from such organization, and any contract between the State and that organization shall be void.

Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.

Urges the federal government to expand legal protections for asylum seekers and expedite authorization for them to join the workforce, provide for their families, and truly live out the American dream. Expresses support of policies that welcome and support immigrant communities across the United States and urges the federal government to act as swiftly as possible to modernize federal immigration law.

Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.