Sen. Rob Martwick

Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.

Amends the Vital Records Act. Removes language requiring that the State Registrar of Vital Records establish a new certificate of birth when he receives a declaration stating that a person has undergone treatment for the purpose of gender transition, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. Provides that the State Registrar of Vital Records must establish a new certificate of birth when he receives a statement signed by the person in which the person attests to making the request for the purpose of affirming the person's gender identity or intersex condition and that the sex designation on the person's certificate of birth should therefore be changed. Provides that the fee for a new certificate of birth shall not be required from persons upon release from the Department of Corrections or the Department of Juvenile Justice, but the person is entitled to only one new certificate of birth fee waiver. Provides that the fee for a new certificate of birth shall be waived for specified persons. Provides that fees for a new certificate of birth and for a search of a birth record or a certified copy of a birth record shall be waived for all requests by a person who resides in a shelter for domestic violence. Requires the State Registrar of Vital Records to establish standards and procedures for the waiver of fees. Provides that a person who resides in a shelter for domestic violence must not be charged for verification. Provides that a person who knowingly or purposefully falsifies verification is subject to a penalty of $100. Provides that a person who resides in a shelter for domestic violence shall be provided no more than 4 birth records annually under the provisions. Effective January 1, 2022. House Committee Amendment No. 1 Provides that a person's signed statement to receive a new birth certificate must indicate whether the certificate of birth should be changed to a male, female, or X designation (rather than just changed). State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Fiscal Note (Dept. of Public Health) HB9 would not pose any fiscal cost aside from standard staff time with the rulemaking, the cost would be negligible. Senate Floor Amendment No. 1 Provides that the amendatory Act takes effect July 1, 2023 (rather than January 1, 2022).

Amends the Chicago Police Article of the Illinois Pension Code. Removes a birthdate restriction on eligibility at age 55 for a 3% automatic annual increase in retirement annuity that is not subject to a maximum increase of 30%. Makes a related change. Specifies the timing of an initial increase in retirement annuity for persons who have not received the initial increase before January 1, 2023. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Downstate Teacher Article of the Illinois Pension Code. In a provision that requires the System to automatically enroll certain employees in the System's defined contribution benefit, provides an exception for employees whose school district provides an alternative qualifying plan. Provides that the alternative qualifying plan shall abide by the automatic enrollment procedures and automatic increase in contribution provisions applicable to the System's defined contribution benefit. Sets forth additional requirements for alternative qualifying plans. Requires a school district that has an alternative qualifying plan to file a letter of compliance, passed by resolution of the school board, with the System. Effective immediately.

Amends the Illinois Pension Code. Makes a technical change in a Section concerning Chicago teachers. House Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/17-101 Adds reference to: 40 ILCS 5/10-107 from Ch. 108 1/2, par. 10-107 30 ILCS 805/8.46 new Replaces everything after the enacting clause. Amends the Cook County Forest Preserve Article of the Illinois Pension Code. Provides that beginning in levy year 2023, and in each year thereafter, the Forest Preserve District shall levy a tax annually at a rate on the dollar of the value of all taxable property within the county that will produce, when extended, an amount equal to no less than the amount of the Forest Preserve District's total required contribution to the Fund for the next payment year. Specifies the annual contribution for payment years 2023 through 2025. Provides that the retirement board shall retain an actuary who is a member in good standing of the American Academy of Actuaries to produce an annual actuarial report of the Fund, which shall include specified information. Provides that the minimum required employer contribution for a specified year as set forth in the annual actuarial report shall be the amount determined by the Fund's actuary to be equal to the sum of: (i) the projected normal cost for pensions for that fiscal year, plus (ii) a projected unfunded actuarial accrued liability amortization payment for pensions for the fiscal year, plus (iii) projected expenses for that fiscal year, plus (iv) interest to adjust for payment pattern during the fiscal year, minus (v) projected employee contributions for that fiscal year. Contains provisions concerning additional contributions; methods of calculating the required contribution; contributions for payment years after 2063; and property taxes. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Removes provisions concerning an additional contribution to the Fund and specifying the annual employer contribution amount for payment years 2023 through 2025. Provides the Forest Preserve District's contribution formula for payment years 2024 through 2054 (rather than payment years 2026 through 2063). Makes a conforming change. Provides that certain methods may be amended as recommended by an independent actuary engaged by the Fund and in compliance with actuarial standards of practice and as adopted by an affirmative vote of a simple majority (rather than an affirmative vote of a majority) of the Board and the Forest Preserve District Board of Commissioners. Effective June 1, 2023 (rather than immediately).

Amends the Student Online Personal Protection Act. Provides that "covered information" does not include de-identified or aggregate information from which all personally identifiable information of a student has been removed. Makes conforming changes. Provides that the covered information restrictions shall be included as part of the operator's terms of service agreement, privacy policy, or similar document (instead of requiring that an operator enter into a written agreement with the school, school district, or State Board before the covered information may be transferred) Removes provisions requiring that if the school maintains a website, the operator shall provide a statement that the school must publish the written agreement on the school's website. Makes related changes. Provides that a statement that the operator will implement and maintain reasonable security procedures and practices that otherwise meet or exceed industry standards designed to protect covered information from unauthorized access, destruction, use, modification, or disclosure Provides that the business address of the operator and a link to the terms of service agreement, privacy policy, or similar document shall be provided. Provides that de-identified or aggregate information from which all personally identifiable information of a student has been removed are not prohibited for an operator to use. Removes restrictions prohibiting a school from sharing, transferring, disclosing, or providing access to a student's covered information to an entity or individual. Makes other changes.

Creates the Independent Contractor Payment Protection Act and amends the State Finance Act. Provides that the agreed work terms between an independent contractor and a client shall be: (1) reduced to writing; (2) sufficiently detailed in describing how compensation earned and payable shall be calculated; (3) signed by the independent contractor; (4) signed by the client; and (5) kept on file by the client for a period of not less than 6 years. Provides that an independent contractor shall be paid the compensation earned in accordance with the agreed work terms not later than the last day of the month following the month in which the compensation is earned. Provides that an independent contractor may file a complaint with the Department of Labor alleging a violation of the Act. Provides for enforcement of the Act by the Department. Establishes civil and criminal penalties. Creates the Independent Contractor Compensation Theft Enforcement Fund as a special fund in the State treasury and specifies the uses of the Fund.

Amends the Cook County Article of the Illinois Pension Code. Provides that beginning in levy year 2024, the County shall levy a tax annually at a rate on the dollar of the value, as equalized or assessed by the Department of Revenue of all taxable property within the County that will produce, when extended, an amount equal to no less than the amount of the County's total required contribution to the Fund for the next payment year. Provides that for payment years 2025 through 2055, the County's required annual contributions to the Fund shall be the amount determined by the Fund to be equal to the sum of (i) the projected normal cost for pensions for that fiscal year, plus (ii) a projected unfunded actuarial accrued liability amortization payment for pensions for the fiscal year, plus (iii) projected expenses for that fiscal year, plus (iv) interest to adjust for payment pattern during the fiscal year, minus (v) projected employee contributions for that fiscal year. Specifies a formula for payment years after 2055. Provides that, in lieu of levying all or a portion of the tax required, the County may deposit with the County treasurer for the benefit of the Fund an amount that, together with the taxes levied for that year, is not less than the amount of the County contributions for that year as certified by the Board of Trustees of the Fund to the County board. Provides that the County may continue to use other lawfully available funds to make the contribution in lieu of all or part of the levy. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement by the State.

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title.

Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that the limit on salary for all purposes under the Code for Tier 2 firemen shall annually be increased by the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u (instead of the lesser of 3% or one-half the annual unadjusted percentage increase in the consumer price index-u) for the 12 months ending with the September preceding each November 1, including all previous adjustments. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.