Sen. Rob Martwick

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a grant program for local chambers of commerce. Provides that the Department shall allocate $5,000,000 as grants to eligible chambers of commerce in amounts equivalent to 2 months of lost revenue, or 1/6th of the annual lost revenue, between 2019 and 2020 from funds appropriated under the American Rescue Plan Act. Provides that eligible chambers of commerce must have less than 1,500 paid members. Provides for the adoption of rules.

Amends the Raffles and Poker Runs Act. Allows raffle licenses to be issued to fire protection agencies and associations that represent fire protection officials. Defines "fire protection agency" to mean a State, local government, or intergovernmental agency vested with the duty and authority to provide public fire suppression, rescue, or emergency medical services or an organization that provides support or assistance to such an agency. House Floor Amendment No. 1 Adds reference to: 20 ILCS 1605/20 from Ch. 120, par. 1170 30 ILCS 105/6z-77 230 ILCS 5/19.5 230 ILCS 5/21 from Ch. 8, par. 37-21 230 ILCS 5/31 from Ch. 8, par. 37-31 230 ILCS 10/4 from Ch. 120, par. 2404 230 ILCS 10/6 from Ch. 120, par. 2406 230 ILCS 10/7 from Ch. 120, par. 2407 230 ILCS 10/7.16 new 230 ILCS 10/8 from Ch. 120, par. 2408 230 ILCS 10/8.1 new 230 ILCS 10/13 from Ch. 120, par. 2413 230 ILCS 40/5 230 ILCS 40/25 230 ILCS 40/27 230 ILCS 40/30 230 ILCS 40/45 230 ILCS 40/65 230 ILCS 40/90 new 230 ILCS 45/25-10 230 ILCS 45/25-15 230 ILCS 45/25-25 230 ILCS 45/25-50 230 ILCS 45/25-90 Replaces everything after the enacting clause. Amends the Illinois Horse Racing Act of 1975. Provides the application process for the issuance of an organization license for the standardbred racetrack in Cook County. Changes the bond requirement for an applicant for an organization license. Makes changes to the qualifications for stallions for the Illinois Standardbred Breeders Fund. Amends the Illinois Gambling Act. Requires applicants for an owners license to provide evidence of a labor peace agreement or intention to enter into a labor peace agreement that meets certain requirements with a bona fide labor organization. Provides that an applicant for a suppliers license under the Act that already holds a specified license issued by the Illinois Gaming Board is entitled to licensure as a supplier under the Act without additional Board investigation or approval, except by a vote of the Board. Provides that an initial suppliers license shall be issued for 4 years and may be renewed for additional 4-year periods. Provides that if a holder of a specified license issued by the Board is granted an additional license issued by the Board, the initial period of the new license shall expire at the earliest expiration date of any other specified licenses held by the licensee. Amends the Raffles and Poker Runs Act. Allows raffle licenses to be issued to fire protection agencies and associations that represent fire protection officials. Defines "fire protection agency" to mean a State, local government, or intergovernmental agency vested with the duty and authority to provide public fire suppression, rescue, or emergency medical services or an organization that provides support or assistance to such an agency. Amends the Video Gaming Act. Creates a sales agent and broker license to solicit or receive business from current or potential establishments licensed under the Act. Allows a qualified fraternal organization and a qualified veterans organization that derive their charters from a national organization to apply for a license allowing video gaming if the proposed establishment is located in a municipality having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the corporate limits or a county having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the unincorporated area of the county. Allows a qualified fraternal organization and a qualified veterans organization that derive their charters from a national organization to apply for a license allowing video gaming without a license under the Liquor Control Act of 1934 if the proposed establishment is located in a municipality having a population of not more than 1,000,000 or a county having a population of not more than 1,000,000. Provides that a non-home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $250 (rather than $25). Removes language prohibiting the City of Rockford from imposing such a fee in excess of $250. Provides that a home rule municipality may not impose such a fee. Provides that the cost of any fee for the operation of a video gaming terminal shall be shared equally between the terminal operator and the applicable establishment authorized to conduct video gaming under the Act. Provides that the licensure, registration, regulation of video gaming, and the imposition of fees and other charges under the Act in connection with licensure, registration, and regulation, are exclusive powers and functions of the State. Provides that no home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. Prohibits a home rule municipality or non-home rule unit from imposing any type of tax upon licensees, occupations, and other activities authorized under the Act. Provides that any home rule municipality that has adopted an ordinance imposing an amusement tax on persons who participate in the playing of video gaming terminals on or before June 1, 2021 may continue to impose such amusement tax pursuant to such ordinance but shall not increase, expand, or extend the tax or tax rate on such persons participating in playing video gaming terminals in excess of that tax or rate set forth in such ordinance and shall not otherwise impose any other tax upon any entity or person. Amends the Sports Wagering Act. Changes the renewal period for a supplier license from one year to 4 years. Provides that beginning 4 years after issuance of the initial supplier license, a holder of a supplier license shall pay a $150,000 annual license fee. Until July 1, 2023, allows tier 1 sports wagers that are not related to an individual athlete's performance and are made in person on Illinois collegiate teams. Makes other changes. Effective immediately. House Floor Amendment No. 3 Deletes reference to: 230 ILCS 10/4 from Ch. 120, par. 2404 230 ILCS 10/6 from Ch. 120, par. 2406 230 ILCS 10/7 from Ch. 120, par. 2407 230 ILCS 10/7.16 new Adds reference to: 230 ILCS 40/50 Removes provisions amending the Illinois Gambling Act that require applicants for an owners license to provide evidence of a labor peace agreement or intention to enter into a labor peace agreement that meets certain requirements with a bona fide labor organization. Adds provisions in the Video Gaming Act relating to distribution of license fees and fees on the operation of a video gaming terminal. Removes language in the Video Gaming Act that allows certain qualified fraternal organization and qualified veterans organizations to be eligible for a license as a licensed fraternal establishment or licensed veterans established without a license under the Liquor Control Act of 1934. Makes changes to provisions concerning fees imposed by non-home rule units of government. Makes changes to provisions concerning the State having exclusive regulation of video gaming. House Floor Amendment No. 4 In provisions amending the Video Gaming Act concerning regulation of video gaming by the State, adds language providing that restrictions on a home rule municipality or non-home rule unit imposing a tax on licensees and certain activities is a denial and limitation on home rule powers and functions under certain provisions of the Illinois Constitution.

Creates the Statewide 9-8-8 Trust Fund Act. Establishes the Statewide 9-8-8 Trust Fund in the State treasury. Provides that moneys in the Fund shall be used by the Department of Human Services for the purposes of creating and maintaining a statewide 9-8-8 suicide prevention and mental health crisis system pursuant to the National Suicide Hotline Designation Act of 2020, the Federal Communication Commission's rules adopted on July 16, 2020, and national guidelines for crisis care. Provides that the Fund shall consist of: (1) appropriations by the General Assembly; (2) grants and gifts intended for deposit in the Fund; (3) interest, premiums, gains, or other earnings on the Fund; and (4) moneys from any other source that are deposited in or transferred to the Fund. Provides that moneys in the fund (1) do not revert at the end of any State fiscal year but remains available for the purposes of the Fund in subsequent State fiscal years; and (2) are not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose outside of those specified in the Act. Amends the State Finance Act to make conforming changes. House Committee Amendment No. 1 Provides that the Statewide 9-8-8 Trust Fund is a special fund in the State treasury.

Amends the Pawnbroker Regulation Act. Clarifies that it shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than permitted under the Predatory Loan Prevention Act. Amends the Predatory Loan Prevention Act. Provides that the definition of "loan" includes transactions subject to the Pawnbroker Regulation Act. Provides that it is a violation of the Act for any person or entity to solicit, broker, or otherwise engage in any other activity intended to facilitate or result in, or that in fact facilitates or results in, the origination of a loan that violates the Act. Provides that it is a violation of the Act for any person or entity to advertise or cause to be advertised a loan that violates the Act. Provides that a violation of the Act by a person or entity licensed under the Pawnbroker Regulation Act shall subject the person or entity to discipline in accordance with that Act. Makes other changes. Effective June 1, 2023.

Amends the Illinois Grant Funds Recovery Act. Provides that "grantor agency" includes the Illinois Equal Justice Foundation when it makes grants under the Access to Justice Act or the Illinois Equal Justice Act. Amends the Access to Justice Act. Provides that grants or distributions made under the Act by (rather than to) the Illinois Equal Justice Foundation are subject to the requirements of the Illinois Grant Funds Recovery Act. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 30 ILCS 705/2 705 ILCS 95/15 Adds reference to: 820 ILCS 405/235 from Ch. 48, par. 345 820 ILCS 405/401 from Ch. 48, par. 401 820 ILCS 405/403 from Ch. 48, par. 403 820 ILCS 405/1400.1 820 ILCS 405/1505 from Ch. 48, par. 575 820 ILCS 405/1506.6 820 ILCS 405/2101.1 Replaces everything after the enacting clause. Amends the Unemployment Insurance Act. Modifies provisions concerning what the term "wages" does not include for calendar years 2023 through 2027. Removes specified provisions regarding remuneration paid to an individual for calendar years 2005 through 2020. Provides that, with respect to any benefit year beginning on or after January 1, 2025 (rather than 2023) and before January 1, 2026 (rather than 2024), "maximum weekly benefit amount" with respect to each week beginning within a benefit period means 40.6% (rather than 42.4%) of the statewide average weekly wage, rounded to the next higher dollar. Provides that, with respect to any benefit year beginning on or after January 1, 2025 (rather than 2023) and before January 1, 2026 (rather than 2024), any otherwise eligible individual shall be entitled, during such benefit year, to a maximum total amount of benefits equal to 23 (rather than 24) times his or her weekly benefit amount plus dependents' allowances, or to the total wages for insured work paid to such individual during the individual's base period, whichever is smaller. In provisions concerning solvency adjustments, makes specified changes to what balance the trust fund needs to meet for the rate adjustments to apply. Provides that the target balance in calendar year 2023 and each calendar year thereafter is $1,750,000,000. Provides that if an appropriation is made in calendar year 2023 to this State's account in the Unemployment Trust Fund, as a loan solely for purposes of paying unemployment insurance benefits under this Act and without the accrual of interest, from a fund of the State treasury, the Director shall take all necessary action to transfer 10% of the total amount of the appropriation from this State's account in the Unemployment Trust Fund to the State's Budget Stabilization Fund prior to July 1 of each year or as soon thereafter as practical. Makes other changes. Provides that if funds from the State treasury are not appropriated on or before January 31, 2023, then previously described provisions are inoperative. Instead, reinserts certain provisions previously described but changes the benefit years described to 2024 and 2025. Makes other changes. Effective January 1, 2023. House Floor Amendment No. 3 Provides that the wage base adjustment, rate adjustment, and allowance adjustment applicable to any calendar year prior to 2023 shall be as determined pursuant to specified provisions as in effect prior to the effective date. Corrects typographical errors.

Amends the Illinois Insurance Code. Provides that when an insured receives emergency services or covered ancillary services from a nonparticipating provider or a nonparticipating facility, the health insurance issuer shall ensure that cost-sharing requirements are applied as though the services had been received from a participating provider or facility, and that the insured or any group policyholder or plan sponsor shall not be liable to or billed by the health insurance issuer, the nonparticipating provider, or the facility beyond the cost-sharing amount. Contains provisions concerning a notice and consent process for out-of-network coverage; billing for reasonable administrative fees; assignment of benefits to nonparticipating providers; and cost-sharing amounts and deductibles. Amends the Illinois Insurance Code and the Health Maintenance Organization Act to make a change in provisions concerning disclosure of nonparticipating provider benefits. Amends the Network Adequacy and Transparency Act. Provides that a beneficiary who receives care at a participating health care facility shall not be required to search for participating providers under certain circumstances. Amends the Managed Care Reform and Patient Rights Act. Provides that prior authorization or approval by the plan shall not be required for post-stabilization services that constitute emergency services. Amends the Health Maintenance Organization Act and the Voluntary Health Services Plans Act to provide that health maintenance organizations and voluntary health services plans are subject to provisions of the Illinois Insurance Code concerning billing and cost sharing. Makes other changes. Effective July 1, 2022, except that certain changes take effect January 1, 2023. House Floor Amendment No. 1 In provisions concerning cost sharing for emergency services and cost sharing for non-emergency services, provides that if the cost sharing for the same item or service furnished by a participating provider would have been a flat-dollar copayment, that amount shall be the cost-sharing amount unless the provider has billed a lesser total amount. Provides that upon receipt of the provider's bill or facility's bill, the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits (rather than the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits). Provides that the arbitrator shall not establish a rebuttable presumption that the qualifying payment amount should be the total amount owed to the provider or facility by the combination of the issuer and the insured, beneficiary, or enrollee. Defines "qualifying payment amount". Makes other changes.

Amends the School Code. Exempts from contract bidding requirements contracts for goods, services, or management in the operation of a school's food service, including a school that participates in any of the United States Department of Agriculture's child nutrition programs. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Limits the exemption from the contract bidding requirements for contracts for goods, services, or management in the operation of a school's food service only if a good faith effort is made by the school district to give preference to (1) contracts that procure food that promotes the health and well-being of students in compliance with United States Department of Agriculture nutrition standards; (2) contracts that give a preference to State or regional suppliers that source local food products; (3) contracts that give a preference to food suppliers that utilize producers that adopt hormone and pest practices recommended by the United States Department of Agriculture; (4) contracts that give a preference to food suppliers that value animal welfare; and (5) contracts that increase opportunities for businesses owned and operated by minorities, women, or persons with disabilities. Requires food supplier data to be submitted to the school district at the time of the bid and updated annually thereafter during the term of the contract. Requires the contractor to submit the updated food supplier data. Provides that food supplier data shall include the name and address of each supplier, distributor, processor, and producer involved in the provision of the products that the bidder is to supply. Effective immediately.

Amends the Illinois Income Tax Act. Creates an income tax checkoff for donations to the 100 Club of Illinois Fund. Amends the State Finance Act to create the Fund. Provides that moneys deposited into the Fund shall be used to make grants to the 100 Club of Illinois for services in Illinois. Effective immediately.

Amends the Department of Veterans' Affairs Act. Requires the Department of Veterans' Affairs to contract with a non-profit organization to serve as the State's principal assistance organization under the United States Department of Defense's SkillBridge program for employers and transitioning service members. Provides that the selected non-profit organization must demonstrate a commitment to assisting service members as they transition from military to civilian life. Provides that as the State's principal assistance organization under the United States Department of Defense's SkillBridge program for qualified businesses in this State and for transitioning service members who reside in, or who wish to reside in, this State, the organization shall: (1) establish and maintain, as applicable, its certification for the SkillBridge program or any other similar workforce training and transition programs established by the United States Department of Defense; (2) educate businesses, business associations, and transitioning service members regarding the SkillBridge program and its benefits, and educate military command and personnel within the State on the opportunities available to transitioning service members through the SkillBridge program; (3) assist businesses in obtaining approval for skilled workforce training curricula under the SkillBridge program, including, but not limited to, apprenticeships, internships, or fellowships; and (4) match transitioning service members who are deemed eligible for SkillBridge participation by their military command with training opportunities offered by the organization or participating businesses, with the intent of having transitioning service members achieve gainful employment in this State upon completion of their SkillBridge training. Permits the Department to adopt rules. House Floor Amendment No. 1 Makes the bill subject to appropriation. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Department of Veterans' Affairs Act. Provides that, subject to appropriation, the Department of Veterans' Affairs shall serve as the State's principal assistance organization under the United States Department of Defense's SkillBridge program for employers and transitioning service members. Provides that as the State's principal assistance organization under the United States Department of Defense's SkillBridge program for qualified businesses in this State and for transitioning service members who reside in, or who wish to reside in, this State, the Department shall: (1) establish and maintain, as applicable, its certification for the SkillBridge program or any other similar workforce training and transition programs established by the United States Department of Defense; (2) educate businesses, business associations, and transitioning service members regarding the SkillBridge program and its benefits, and educate military command and personnel within the State on the opportunities available to transitioning service members through the SkillBridge program; (3) assist businesses in obtaining approval for skilled workforce training curricula under the SkillBridge program, including, but not limited to, apprenticeships, internships, or fellowships; and (4) match transitioning service members who are deemed eligible for SkillBridge participation by their military command with training opportunities offered by participating businesses, with the intent of having transitioning service members achieve gainful employment in this State upon completion of their SkillBridge training. Permits the Department to adopt rules.

Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State, shall assume, and is liable for, any debt owed to a claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Exempts from liability a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages or fringe or other benefit payments or contributions, including interest owed, penalties assessed by the Department, and reasonable attorney's fees, but shall not extend to liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, fringe or other benefit payment contributions, penalties assessed by the Department of Labor, interest owed, and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. House Committee Amendment No. 1 In provisions concerning primary contractor responsibility for wage claims in the construction industry, provides that nothing shall supersede or modify the express terms contained in any collective bargaining agreement relating to the primary contractor's liability to pay the wages of its subcontractor's employees. Provides that prior to the commencement of any civil action, a claimant or a representative of a claimant shall provide written notice to the employer and to the primary contractor detailing the nature and basis for the claim. Provides that failure of the employer or the primary contractor to resolve the claim within 10 days after receipt of this notice, or during any agreed upon period extending this deadline, may result in the filing of a civil action to enforce the provisions of the Act. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 1 with the following changes: Provides that specified provisions do not apply to work performed by a contractor of the federal government, the State, a special district, a city, a county, or any political subdivision of the State (rather than the State, a special district, a city, a county, or any political subdivision of the State). Provides that nothing shall supersede or modify the obligations and liability that any primary contractor, subcontractor, or property owner may bear as an employer under the Act or any other applicable law. Provides that primary contractors who are parties to a collective bargaining agreement on the project where the work is being performed shall be exempt from specified provisions. Effective immediately. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 5412, (H-AM 2) will not impact any public pension fund or retirement system in the State of Illinois. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) HB 5412, (H-AM 3) will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) HB 5412 (H-AM 2) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) HB 5412 (H-AM 3) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) The legislation will not increase or decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) The legislation will not increase or decrease the number of judges needed in the State of Illinois. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in this bill, therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included in this bill, therefore, there are no appraisals to be filed. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 5412, as amended by House Amendment 2 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 5412, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This legislation is anticipated to have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This legislation is anticipated to have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.