Bill Text: IL SB3410 | 2023-2024 | 103rd General Assembly | Enrolled

---

Bill Title: Amends the Illinois Act on the Aging. Provides that the Illinois Commission on LGBTQ Aging shall submit annual reports to the Illinois General Assembly, the Governor, the Director of Aging, and the Illinois Council on Aging (rather than the Illinois General Assembly) with a final report due by no later than March 30, 2026 (rather than submit a First Report on March 30, 2023 and a Second Report on March 30, 2025). Makes changes to the contents of the reports. Provides for the repeal of provisions concerning the Illinois Commission on LGBTQ Aging on May 16, 2026 (rather than on May 16, 2025). Amends the Department of Transportation Law. Provides that the Secretary of Transportation shall prepare and submit to the General Assembly, on or before January 1, 2026 (rather than January 1, 2025), a report of findings based on the Zero Traffic Fatalities Task Force's efforts. Provides for the repeal of provisions concerning the Zero Traffic Fatalities Task Force on January 1, 2027 (rather than January 1, 2026). Amends the Illinois Income Tax Act. Provides that the employer of one or more qualifying apprentices shall be allowed a credit against specified provisions of the Act for qualified education expenses incurred on behalf of a qualifying apprentice for taxable years beginning on or after January 1, 2020, and beginning on or before January 1, 2026 (rather than beginning on or before January 1, 2025). Amends the Reimagine Public Safety Act. Extends the deadline for behavioral health services to use grants under the Act. Extends the deadline for community violence prevention service providers being reimbursed under specified provisions to file a plan to become Medicaid certified. Amends the Illinois Vehicle Code. Provides that the changes made by Public Act 103-789 apply to each individual whose license was suspended from January 1, 2020 through June 30, 2025. Amends the Code of Criminal Procedure of 1963. In a provision concerning assessment waivers, specifies that, through July 1, 2025 (rather than July 1, 2024), in a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, including any violation of the Illinois Vehicle Code. Amends the Unemployment Insurance Act. Provides that, with respect to any benefit year beginning on or after January 1, 2027 (currently, January 1, 2025) and before January 1, 2028 (currently, January 1, 2026), an individual's weekly benefit amount shall be 40.6% of the individual's prior average weekly wage. Provides that, with respect to any benefit year beginning on or after January 1, 2027 (currently, January 1, 2025) and before January 1, 2028 (currently, January 1, 2026), an individual to whom benefits are payable with respect to any week shall be paid additional benefits if specified conditions are satisfied. Removes contingent provisions that become operative if and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund. Replaces pronouns with gender-neutral terms. Amends the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Extends the Act's repeal date from January 1, 2025 to January 1, 2026. Extends the repeal date of provisions in the following Acts: the Illinois Administrative Procedure Act, the Department of Commerce and Economic Opportunity Law, the Illinois Power Agency Act, the Counties Code, and the Park Commissioners Land Sale Act. Amends Public Act 103-789. Changes the effective date of the Public Act to July 1, 2025 (rather than January 1, 2025). Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2024-11-20 - Passed Both Houses [SB3410 Detail]

Download: Illinois-2023-SB3410-Enrolled.html

---

SB3410 Enrolled LRB103 38675 KTG 68812 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 5-45.56 and 5-45.57 as follows:
(5 ILCS 100/5-45.56)
(Section scheduled to be repealed on June 5, 2025)
Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid
Code. To provide for the expeditious and timely implementation
of the changes made to the Illinois Public Aid Code by this
amendatory Act of the 103rd General Assembly, emergency rules
implementing the changes made to that Code by this amendatory
Act of the 103rd General Assembly may be adopted in accordance
with Section 5-45 by the Department of Healthcare and Family
Services, the Department of Human Services, or other
departments essential to the implementation of the changes.
The adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed on June 5, 2026 one year after the
effective date of this Section.
(Source: P.A. 103-588, eff. 6-5-24.)

SB3410 Enrolled - 2 - LRB103 38675 KTG 68812 b
(5 ILCS 100/5-45.57)
(Section scheduled to be repealed on June 5, 2025)
Sec. 5-45.57. Emergency rulemaking; rate increase for
direct support personnel and all frontline personnel. To
provide for the expeditious and timely implementation of the
changes made to Section 74 of the Mental Health and
Developmental Disabilities Administrative Act by this
amendatory Act of the 103rd General Assembly, emergency rules
implementing the changes made to Section 74 of the Mental
Health and Developmental Disabilities Administrative Act by
this amendatory Act of the 103rd General Assembly may be
adopted in accordance with Section 5-45 by the Department of
Human Services. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
This Section is repealed on June 5, 2026 one year after the
effective date of this Section.
(Source: P.A. 103-588, eff. 6-5-24.)
Section 10. The Illinois Act on the Aging is amended by
changing Sections 7.09 and 8.10 as follows:
(20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
Sec. 7.09. The Council shall have the following powers and
duties:
(1) review and comment upon reports of the Department

SB3410 Enrolled - 3 - LRB103 38675 KTG 68812 b
to the Governor and the General Assembly;
(2) prepare and submit to the Governor, the General
Assembly and the Director an annual report evaluating the
level and quality of all programs, services and facilities
provided to the aging by State agencies;
(3) review and comment upon the comprehensive state
plan prepared by the Department;
(4) review and comment upon disbursements by the
Department of public funds to private agencies;
(5) recommend candidates to the Governor for
appointment as Director of the Department;
(6) consult with the Director regarding the operations
of the Department; and
(7) review and support implementation of the
Commission's recommendations as identified in the
Commission's final report Second Report, which shall be
issued no later than March 30, 2026 2025.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-885, eff. 5-16-22.)
(20 ILCS 105/8.10)

SB3410 Enrolled - 4 - LRB103 38675 KTG 68812 b
(Section scheduled to be repealed on May 16, 2025)
Sec. 8.10. The Illinois Commission on LGBTQ Aging.
(a) Commission purpose. The Commission is created to
investigate, analyze, and study the health, housing,
financial, psychosocial, home-and-community-based services,
assisted living, and long-term care needs of LGBTQ older
adults and their caregivers. The Commission shall make
recommendations to improve access to benefits, services, and
supports for LGBTQ older adults and their caregivers. The
Commission, in formulating its recommendations, shall take
into account the best policies and practices in other states
and jurisdictions. Specifically, the Commission shall:
(1) Examine the impact of State and local laws,
policies, and regulations on LGBTQ older adults and make
recommendations to ensure equitable access, treatment,
care and benefits, and overall quality of life.
(2) Examine best practices for increasing access,
reducing isolation, preventing abuse and exploitation,
promoting independence and self-determination,
strengthening caregiving, eliminating disparities, and
improving overall quality of life for LGBTQ older adults.
(3) Examine the impact of race, ethnicity, sex
assigned at birth, socioeconomic status, disability,
sexual orientation, gender identity, and other
characteristics on access to services for LGBTQ older
adults and make recommendations to ensure equitable

SB3410 Enrolled - 5 - LRB103 38675 KTG 68812 b
access, treatment, care, and benefits and overall quality
of life.
(4) Examine the experiences and needs of LGBTQ older
adults living with HIV/AIDS and make recommendations to
ensure equitable access, treatment, care, benefits, and
overall quality of life.
(5) Examine strategies to increase provider awareness
of the needs of LGBTQ older adults and their caregivers
and to improve the competence of and access to treatment,
services, and ongoing care, including preventive care.
(6) Examine the feasibility of developing statewide
training curricula to improve provider competency in the
delivery of culturally responsive health, housing, and
long-term support services to LGBTQ older adults and their
caregivers.
(7) Assess the funding and programming needed to
enhance services to the growing population of LGBTQ older
adults.
(8) Examine whether certain policies and practices, or
the absence thereof, promote the premature admission of
LGBTQ older adults to institutional care, and examine
whether potential cost-savings exist for LGBTQ older
adults as a result of providing lower cost and culturally
responsive home and community-based alternatives to
institutional care.
(9) Examine outreach protocols to reduce apprehension

SB3410 Enrolled - 6 - LRB103 38675 KTG 68812 b
among LGBTQ older adults and caregivers of utilizing
mainstream providers.
(10) Evaluate the implementation status of Public Act
101-325.
(11) Evaluate the implementation status of Public Act
102-543, examine statewide strategies for the collection
of sexual orientation and gender identity data and the
impact of these strategies on the provision of services to
LGBTQ older adults, and conduct a statewide survey
designed to approximate the number of LGBTQ older adults
in the State and collect demographic information (if
resources allow for the implementation of a survey
instrument).
(b) Commission members.
(1) The Commission shall include at least all of the
following persons who must be appointed by the Governor
within 60 days after the effective date of this amendatory
Act of the 102nd General Assembly:
(A) one member from a statewide organization that
advocates for older adults;
(B) one member from a national organization that
advocates for LGBTQ older adults;
(C) one member from a community-based, multi-site
healthcare organization founded to serve LGBTQ people;
(D) the director of senior services from a
community center serving LGBTQ people, or the

SB3410 Enrolled - 7 - LRB103 38675 KTG 68812 b
director's designee;
(E) one member from an HIV/AIDS service
organization;
(F) one member from an organization that is a
project incubator and think tank that is focused on
action that leads to improved outcomes and
opportunities for LGBTQ communities;
(G) one member from a labor organization that
provides care and services for older adults in
long-term care facilities;
(H) one member from a statewide association
representing long-term care facilities;
(I) 5 members from organizations that serve Black,
Asian-American, Pacific Islander, Indigenous, or
Latinx LGBTQ people;
(J) one member from a statewide organization for
people with disabilities; and
(K) 10 LGBTQ older adults, including at least:
(i) 3 members who are transgender or
gender-expansive individuals;
(ii) 2 members who are older adults living
with HIV;
(iii) one member who is Two-Spirit;
(iv) one member who is an African-American or
Black individual;
(v) one member who is a Latinx individual;

SB3410 Enrolled - 8 - LRB103 38675 KTG 68812 b
(vi) one member who is an Asian-American or
Pacific Islander individual; and
(vii) one member who is an ethnically diverse
individual.
(2) The following State agencies shall each designate
one representative to serve as an ex officio member of the
Commission: the Department, the Department of Public
Health, the Department of Human Services, the Department
of Healthcare and Family Services, and the Department of
Veterans' Affairs.
(3) Appointing authorities shall ensure, to the
maximum extent practicable, that the Commission is diverse
with respect to race, ethnicity, age, sexual orientation,
gender identity, gender expression, and geography.
(4) Members of the Commission shall serve until this
Section is repealed. Members shall continue to serve until
their successors are appointed. Any vacancy shall be
filled by the appointing authority. Any vacancy occurring
other than by the dissolution of the Commission shall be
filled for the balance of the unexpired term. Members of
the Commission shall serve without compensation but shall
be reimbursed for expenses necessarily incurred in the
performance of their duties.
(c) Commission organization. The Commission shall provide
for its organization and procedure, including selection of the
chairperson and vice-chairperson. A majority of the Commission

SB3410 Enrolled - 9 - LRB103 38675 KTG 68812 b
shall constitute a quorum for the transaction of business.
Administrative and other support for the Commission shall be
provided by the Department. Any State agency under the
jurisdiction of the Governor shall provide testimony and
information as directed by the Commission.
(d) Meetings and reports. The Commission shall:
(1) Hold at least one public meeting per quarter.
Public meetings may be virtually conducted.
(2) Prepare and No later than March 30, 2023, submit
an annual report a First Report to the Governor, the
Illinois General Assembly, the Director, and the Illinois
Council on Aging that details the progress made toward
achieving the Commission's stated objectives and that
contains findings and recommendations, including any
recommended legislation. The annual report First Report
shall be made available to the public on the Department's
publicly accessible website.
(3) Submit, by no later than March 30, 2026, No later
than March 30, 2025, submit a final report Second Report
in the same manner as an annual report, detailing the work
the Commission has done since its inception and providing
the First Report, containing updates to the findings and
recommendations, including any recommended legislation
contained in the First Report. The final report Second
Report shall be made available to the public on the
Department's publicly accessible website.

SB3410 Enrolled - 10 - LRB103 38675 KTG 68812 b
The Department and Commission may collaborate with an
institution of higher education in Illinois to compile the
reports required under this Section First Report and Second
Report.
(e) This Section is repealed May 16, 2026 3 years after the
effective date of this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-885, eff. 5-16-22.)
Section 15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by changing Section 605-1110 as follows:
(20 ILCS 605/605-1110)
(Section scheduled to be repealed on January 1, 2025)
Sec. 605-1110. Student Career Development Liability
Insurance Advisory Committee.
(a) The Student Career Development Liability Insurance
Advisory Committee is hereby created within the Department of
Commerce and Economic Opportunity. The Committee shall issue a
report to the Governor and the General Assembly containing
recommendations for providing liability insurance to (i)
public high school students who participate in a career
development experience or apprenticeship program and community
college students who participate in a career development
experience or apprenticeship program and (ii) public school

SB3410 Enrolled - 11 - LRB103 38675 KTG 68812 b
teachers who participate in externship programs and community
college faculty who participate in externship programs. The
report shall be submitted to the Governor and the General
Assembly no later than December 31, 2023. The Department of
Commerce and Economic Opportunity shall provide administrative
support to the Committee.
(b) The Student Career Development Liability Insurance
Advisory Committee shall consist of the following members:
(1) the Director of Commerce and Economic Opportunity
or his or her designee;
(2) one member representing the State Board of
Education, appointed by the State Superintendent of
Education;
(3) one member representing the Illinois Community
College Board, appointed by the Chairman of the Illinois
Community College Board;
(4) one member of the General Assembly, appointed by
the Speaker of the House of Representatives;
(5) one member of the General Assembly, appointed by
the House Minority Leader;
(6) one member of the General Assembly, appointed by
the Senate President;
(7) one member of the General Assembly, appointed by
the Senate Minority Leader;
(8) 2 members of a statewide association representing
manufacturers, appointed by the Governor;

SB3410 Enrolled - 12 - LRB103 38675 KTG 68812 b
(9) 2 members of a statewide association representing
the insurance industry, appointed by the Governor; and
(10) 2 members who represent unionized State
employees, appointed by the Governor.
Members of the Committee shall serve without compensation
but may be reimbursed for necessary expenses incurred in the
performance of their duties. Vacancies on the Committee shall
be filled by the original appointing authority.
(c) This Section is repealed on January 1, 2026 2025.
(Source: P.A. 103-353, eff. 7-28-23.)
Section 20. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-211 as follows:
(20 ILCS 2705/2705-211)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2705-211. Zero Traffic Fatalities Task Force.
(a) On or before July 1, 2025 2024, the Secretary of
Transportation shall establish and convene the Zero Traffic
Fatalities Task Force to develop a structured, coordinated
process for early engagement of all parties to develop
policies to reduce traffic fatalities to zero.
(b) The members of the Task Force shall include:
(1) the Secretary of Transportation, or the
Secretary's designee, who shall serve as Chair of the Task

SB3410 Enrolled - 13 - LRB103 38675 KTG 68812 b
Force;
(2) the Director of State Police, or the Director's
designee;
(3) the Secretary of State, or the Secretary's
designee;
(4) the Director of Public Health, or the Director's
designee;
(5) a member from 3 different public universities in
this State, appointed by the Governor;
(6) a representative of a statewide motorcycle safety
organization, appointed by the Governor;
(7) a representative of a statewide motorist service
membership organization, appointed by the Governor;
(8) a representative of a statewide transportation
advocacy organization, appointed by the Governor;
(9) a representative of a bicycle safety organization,
appointed by the Governor;
(10) a representative of a statewide organization
representing municipalities, appointed by the Governor;
and
(11) a representative of a statewide labor
organization, appointed by the Governor.
(c) The Secretary of Transportation shall prepare and
submit a report of findings based on the Zero Traffic
Fatalities Task Force's efforts to the General Assembly on or
before January 1, 2026 2025. The report shall include, but is

SB3410 Enrolled - 14 - LRB103 38675 KTG 68812 b
not limited to, a detailed analysis of the following issues:
(1) The existing process for establishing speed
limits, including a detailed discussion on where speed
limits are allowed to deviate from the 85th percentile.
(2) Existing policies on how to reduce speeds on local
streets and roads.
(3) A recommendation as to whether an alternative to
the use of the 85th percentile as a method for determining
speed limits should be considered, and if so, what
alternatives should be looked at.
(4) Engineering recommendations on how to increase
vehicular, pedestrian, and bicycle safety.
(5) Additional steps that can be taken to eliminate
vehicular, pedestrian, and bicycle fatalities on the road.
(6) Existing reports and analyses on calculating the
85th percentile at the local, State, national, and
international levels.
(7) Usage of the 85th percentile in urban and rural
settings.
(8) How local bicycle and pedestrian plans affect the
85th percentile.
(d) This Section is repealed on January 1, 2027 2026.
(Source: P.A. 103-295, eff. 7-28-23.)
Section 25. The Illinois Power Agency Act is amended by
changing Section 1-130 as follows:

SB3410 Enrolled - 15 - LRB103 38675 KTG 68812 b
(20 ILCS 3855/1-130)
(Section scheduled to be repealed on January 1, 2025)
Sec. 1-130. Home rule preemption.
(a) The authorization to impose any new taxes or fees
specifically related to the generation of electricity by, the
capacity to generate electricity by, or the emissions into the
atmosphere by electric generating facilities after the
effective date of this Act is an exclusive power and function
of the State. A home rule unit may not levy any new taxes or
fees specifically related to the generation of electricity by,
the capacity to generate electricity by, or the emissions into
the atmosphere by electric generating facilities after the
effective date of this Act. This Section is a denial and
limitation on home rule powers and functions under subsection
(g) of Section 6 of Article VII of the Illinois Constitution.
(b) This Section is repealed on January 1, 2026 2025.
(Source: P.A. 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22;
103-563, eff. 11-17-23.)
Section 30. The Illinois Income Tax Act is amended by
changing Section 231 as follows:
(35 ILCS 5/231)
Sec. 231. Apprenticeship education expense credit.
(a) As used in this Section:

SB3410 Enrolled - 16 - LRB103 38675 KTG 68812 b
"Department" means the Department of Commerce and Economic
Opportunity.
"Employer" means an Illinois taxpayer who is the employer
of the qualifying apprentice.
"Qualifying apprentice" means an individual who: (i) is a
resident of the State of Illinois; (ii) is at least 16 years
old at the close of the school year for which a credit is
sought; (iii) during the school year for which a credit is
sought, was a full-time apprentice enrolled in an
apprenticeship program which is registered with the United
States Department of Labor, Office of Apprenticeship; and (iv)
is employed in Illinois by the taxpayer who is the employer.
"Qualified education expense" means the amount incurred on
behalf of a qualifying apprentice not to exceed $3,500 for
tuition, book fees, and lab fees at the school or community
college in which the apprentice is enrolled during the regular
school year.
"School" means any public or nonpublic secondary school in
Illinois that is: (i) an institution of higher education that
provides a program that leads to an industry-recognized
postsecondary credential or degree; (ii) an entity that
carries out programs registered under the federal National
Apprenticeship Act; or (iii) another public or private
provider of a program of training services, which may include
a joint labor-management organization.
(b) For taxable years beginning on or after January 1,

SB3410 Enrolled - 17 - LRB103 38675 KTG 68812 b
2020, and beginning on or before January 1, 2026 2025, the
employer of one or more qualifying apprentices shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act for
qualified education expenses incurred on behalf of a
qualifying apprentice. The credit shall be equal to 100% of
the qualified education expenses, but in no event may the
total credit amount awarded to a single taxpayer in a single
taxable year exceed $3,500 per qualifying apprentice. A
taxpayer shall be entitled to an additional $1,500 credit
against the tax imposed by subsections (a) and (b) of Section
201 of the Illinois Income Tax Act if (i) the qualifying
apprentice resides in an underserved area as defined in
Section 5-5 of the Economic Development for a Growing Economy
Tax Credit Act during the school year for which a credit is
sought by an employer or (ii) the employer's principal place
of business is located in an underserved area, as defined in
Section 5-5 of the Economic Development for a Growing Economy
Tax Credit Act. In no event shall a credit under this Section
reduce the taxpayer's liability under this Act to less than
zero. For taxable years ending before December 31, 2023, for
partners, shareholders of Subchapter S corporations, and
owners of limited liability companies, if the liability
company is treated as a partnership for purposes of federal
and State income taxation, there shall be allowed a credit
under this Section to be determined in accordance with the

SB3410 Enrolled - 18 - LRB103 38675 KTG 68812 b
determination of income and distributive share of income under
Sections 702 and 704 and Subchapter S of the Internal Revenue
Code. For taxable years ending on or after December 31, 2023,
partners and shareholders of subchapter S corporations are
entitled to a credit under this Section as provided in Section
251.
(c) The Department shall implement a program to certify
applicants for an apprenticeship credit under this Section.
Upon satisfactory review, the Department shall issue a tax
credit certificate to an employer incurring costs on behalf of
a qualifying apprentice stating the amount of the tax credit
to which the employer is entitled. If the employer is seeking a
tax credit for multiple qualifying apprentices, the Department
may issue a single tax credit certificate that encompasses the
aggregate total of tax credits for qualifying apprentices for
a single employer.
(d) The Department, in addition to those powers granted
under the Civil Administrative Code of Illinois, is granted
and shall have all the powers necessary or convenient to carry
out and effectuate the purposes and provisions of this
Section, including, but not limited to, power and authority
to:
(1) Adopt rules deemed necessary and appropriate for
the administration of this Section; establish forms for
applications, notifications, contracts, or any other
agreements; and accept applications at any time during the

SB3410 Enrolled - 19 - LRB103 38675 KTG 68812 b
year and require that all applications be submitted via
the Internet. The Department shall require that
applications be submitted in electronic form.
(2) Provide guidance and assistance to applicants
pursuant to the provisions of this Section and cooperate
with applicants to promote, foster, and support job
creation within the State.
(3) Enter into agreements and memoranda of
understanding for participation of and engage in
cooperation with agencies of the federal government, units
of local government, universities, research foundations or
institutions, regional economic development corporations,
or other organizations for the purposes of this Section.
(4) Gather information and conduct inquiries, in the
manner and by the methods it deems desirable, including,
without limitation, gathering information with respect to
applicants for the purpose of making any designations or
certifications necessary or desirable or to gather
information in furtherance of the purposes of this Act.
(5) Establish, negotiate, and effectuate any term,
agreement, or other document with any person necessary or
appropriate to accomplish the purposes of this Section,
and consent, subject to the provisions of any agreement
with another party, to the modification or restructuring
of any agreement to which the Department is a party.
(6) Provide for sufficient personnel to permit

SB3410 Enrolled - 20 - LRB103 38675 KTG 68812 b
administration, staffing, operation, and related support
required to adequately discharge its duties and
responsibilities described in this Section from funds made
available through charges to applicants or from funds as
may be appropriated by the General Assembly for the
administration of this Section.
(7) Require applicants, upon written request, to issue
any necessary authorization to the appropriate federal,
State, or local authority or any other person for the
release to the Department of information requested by the
Department, including, but not be limited to, financial
reports, returns, or records relating to the applicant or
to the amount of credit allowable under this Section.
(8) Require that an applicant shall, at all times,
keep proper books of record and account in accordance with
generally accepted accounting principles consistently
applied, with the books, records, or papers related to the
agreement in the custody or control of the applicant open
for reasonable Department inspection and audits,
including, without limitation, the making of copies of the
books, records, or papers.
(9) Take whatever actions are necessary or appropriate
to protect the State's interest in the event of
bankruptcy, default, foreclosure, or noncompliance with
the terms and conditions of financial assistance or
participation required under this Section or any agreement

SB3410 Enrolled - 21 - LRB103 38675 KTG 68812 b
entered into under this Section, including the power to
sell, dispose of, lease, or rent, upon terms and
conditions determined by the Department to be appropriate,
real or personal property that the Department may recover
as a result of these actions.
(e) The Department, in consultation with the Department of
Revenue, shall adopt rules to administer this Section. The
aggregate amount of the tax credits that may be claimed under
this Section for qualified education expenses incurred by an
employer on behalf of a qualifying apprentice shall be limited
to $5,000,000 per calendar year. If applications for a greater
amount are received, credits shall be allowed on a first-come
first-served basis, based on the date on which each properly
completed application for a certificate of eligibility is
received by the Department. If more than one certificate is
received on the same day, the credits will be awarded based on
the time of submission for that particular day.
(f) An employer may not sell or otherwise transfer a
credit awarded under this Section to another person or
taxpayer.
(g) The employer shall provide the Department such
information as the Department may require, including but not
limited to: (i) the name, age, and taxpayer identification
number of each qualifying apprentice employed by the taxpayer
during the taxable year; (ii) the amount of qualified
education expenses incurred with respect to each qualifying

SB3410 Enrolled - 22 - LRB103 38675 KTG 68812 b
apprentice; and (iii) the name of the school at which the
qualifying apprentice is enrolled and the qualified education
expenses are incurred.
(h) On or before July 1 of each year, the Department shall
report to the Governor and the General Assembly on the tax
credit certificates awarded under this Section for the prior
calendar year. The report must include:
(1) the name of each employer awarded or allocated a
credit;
(2) the number of qualifying apprentices for whom the
employer has incurred qualified education expenses;
(3) the North American Industry Classification System
(NAICS) code applicable to each employer awarded or
allocated a credit;
(4) the amount of the credit awarded or allocated to
each employer;
(5) the total number of employers awarded or allocated
a credit;
(6) the total number of qualifying apprentices for
whom employers receiving credits under this Section
incurred qualified education expenses; and
(7) the average cost to the employer of all
apprenticeships receiving credits under this Section.
(Source: P.A. 102-558, eff. 8-20-21; 103-396, eff. 1-1-24.)
Section 35. The Counties Code is amended by changing

SB3410 Enrolled - 23 - LRB103 38675 KTG 68812 b
Section 3-4013 as follows:
(55 ILCS 5/3-4013)
(Section scheduled to be repealed on December 31, 2024)
Sec. 3-4013. Public Defender Quality Defense Task Force.
(a) The Public Defender Quality Defense Task Force is
established to: (i) examine the current caseload and determine
the optimal caseload for public defenders in the State; (ii)
examine the quality of legal services being offered to
defendants by public defenders of the State; (iii) make
recommendations to improve the caseload of public defenders
and quality of legal services offered by public defenders; and
(iv) provide recommendations to the General Assembly and
Governor on legislation to provide for an effective public
defender system throughout the State and encourage the active
and substantial participation of the private bar in the
representation of accused people.
(b) The following members shall be appointed to the Task
Force by the Governor no later than 30 days after the effective
date of this amendatory Act of the 102nd General Assembly:
(1) 2 assistant public defenders from the Office of
the Cook County Public Defender.
(2) 5 public defenders or assistant public defenders
from 5 counties other than Cook County.
(3) One Cook County circuit judge experienced in the
litigation of criminal law matters.

SB3410 Enrolled - 24 - LRB103 38675 KTG 68812 b
(4) One circuit judge from outside of Cook County
experienced in the litigation of criminal law matters.
(5) One representative from the Office of the State
Appellate Defender.
Task Force members shall serve without compensation but
may be reimbursed for their expenses incurred in performing
their duties. If a vacancy occurs in the Task Force
membership, the vacancy shall be filled in the same manner as
the original appointment for the remainder of the Task Force.
(c) The Task Force shall hold a minimum of 2 public
hearings. At the public hearings, the Task Force shall take
testimony of public defenders, former criminal defendants
represented by public defenders, and any other person the Task
Force believes would aid the Task Force's examination and
recommendations under subsection (a). The Task may meet as
such other times as it deems appropriate.
(d) The Office of the State Appellate Defender shall
provide administrative and other support to the Task Force.
(e) The Task Force shall prepare a report that summarizes
its work and makes recommendations resulting from its study.
The Task Force shall submit the report of its findings and
recommendations to the Governor and the General Assembly no
later than December 31, 2023.
(f) This Section is repealed on January 1, 2026 December
31, 2024.
(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.)

SB3410 Enrolled - 25 - LRB103 38675 KTG 68812 b
Section 40. The Park Commissioners Land Sale Act is
amended by changing Section 20 as follows:
(70 ILCS 1235/20)
(Section scheduled to be repealed on January 1, 2025)
Sec. 20. Elliot Golf Course.
(a) Notwithstanding any other provision of law, the
Rockford Park District may sell all or part of the property
containing the former Elliot Golf Course or other property
adjacent thereto if:
(1) the board of commissioners of the Rockford Park
District authorizes the sale by a vote of 80% or more of
all commissioners in office at the time of the vote; and
(2) the sale price equals or exceeds the average of 3
independent appraisals commissioned by the Rockford Park
District.
(b) The sale may be performed in a single transaction or
multiple independent transactions and to one or more buyers.
(c) The Public Works Department of the City of Rockford
shall have the right to review any proposed development plan
that is submitted to the Village of Cherry Valley for the
properties described in this Section in order to confirm that
the proposed development plan does not adversely impact
drainage, water detention, or flooding on the property legally
described in the perpetual flowage easement recorded as

SB3410 Enrolled - 26 - LRB103 38675 KTG 68812 b
Document Number 9509260 in the Office of the Winnebago County
Recorder on March 17, 1995. The Public Works Department of the
City of Rockford shall complete its review of any proposed
development plan under this subsection (c) within 45 days
after its receipt of that plan from the Village of Cherry
Valley.
(d) This Section is repealed January 1, 2026 2025.
(Source: P.A. 102-923, eff. 5-27-22.)
Section 43. The Out-of-State Person Subject to Involuntary
Admission on an Inpatient Basis Mental Health Treatment Act is
amended by changing Section 45 as follows:
(405 ILCS 110/45)
(Section scheduled to be repealed on January 1, 2025)
Sec. 45. Repeal. This Act is repealed on January 1, 2026
2025.
(Source: P.A. 100-12, eff. 7-1-17; 101-472, eff. 8-23-19.)
Section 45. The Reimagine Public Safety Act is amended by
changing Section 35-25 as follows:
(430 ILCS 69/35-25)
Sec. 35-25. Integrated violence prevention and other
services.
(a) Subject to appropriation, for municipalities with

SB3410 Enrolled - 27 - LRB103 38675 KTG 68812 b
1,000,000 or more residents, the Office of Firearm Violence
Prevention shall make grants to violence prevention
organizations for evidence-based violence prevention services.
Approved technical assistance and training providers shall
create learning communities for the exchange of information
between community-based organizations in the same or similar
fields. Firearm violence prevention organizations shall
prioritize individuals at the highest risk of firearm violence
victimization and provide these individuals with
evidence-based comprehensive services that reduce their
exposure to chronic firearm violence.
(a-5) Grants may be awarded under this Act to Reimagine
Public Safety grantees or their subgrantees to provide any one
or more of the following services to Reimagine Public Safety
program participants or credible messengers:
(1) Behavioral health services, including clinical
interventions, crisis interventions, and group counseling
supports, such as peer support groups, social-emotional
learning supports, including skill building for anger
management, de-escalation, sensory stabilization, coping
strategies, and thoughtful decision-making, short-term
clinical individual sessions, psycho-social assessments,
and motivational interviewing.
(A) Funds awarded under this paragraph may be used
for behavioral health services until July 1, 2025
2024.

SB3410 Enrolled - 28 - LRB103 38675 KTG 68812 b
(B) Any community violence prevention service
provider being reimbursed from funds awarded under
this paragraph for behavioral health services must
also file a plan to become Medicaid certified for
violence prevention-community support team services
under the Illinois Medicaid program on or before July
1, 2025 2024.
(2) Capacity-building services, including
administrative and programmatic support, services, and
resources, such as subcontract development, budget
development, grant monitoring and reporting, and fiscal
sponsorship. Capacity-building services financed with
grants awarded under this Act may also include intensive
training and technical assistance focused on Community
Violence Intervention (CVI) not-for-profit business
operations, best practice delivery of firearm violence
prevention services, and assistance with administering and
meeting fiscal reporting or auditing requirements.
Capacity-building services financed with grants awarded
under this Act must be directed to a current or potential
Reimagine Public Safety firearm violence prevention
provider and cannot exceed 20% of potential funds awarded
to the relevant provider or future provider.
(3) Legal aid services, including funding for staff
attorneys and paralegals to provide education, training,
legal services, and advocacy for program recipients. Legal

SB3410 Enrolled - 29 - LRB103 38675 KTG 68812 b
aid services that may be provided with grant funds awarded
under this Act include "Know Your Rights" clinics,
trainings targeting returning citizens and families
impacted by incarceration, and long-term legal efforts
addressing expungement, civil rights, family law, housing,
employment, and victim rights. Legal aid services provided
with grant funds awarded under this Act shall not be
directed toward criminal justice issues.
(4) Housing services, including grants for emergency
and temporary housing for individuals at immediate risk of
firearm violence, except that grant funding provided under
this paragraph must be directed only toward Reimagine
Public Safety program participants.
(5) Workforce development services, including grants
for job coaching, intensive case management, employment
training and placement, and retention services, including
the provision of transitional job placements and access to
basic certificate training for industry-specific jobs.
Training also includes the provision of education-related
content, such as financial literacy training, GED
preparation, and academic coaching.
(6) Re-entry services for individuals exiting the
State or county criminal justice systems, if those
individuals are either eligible for services under this
Act as participants or are individuals who can make an
immediate contribution to mediate neighborhood conflicts

SB3410 Enrolled - 30 - LRB103 38675 KTG 68812 b
if they receive stabilizing services. Re-entry services
financed with grants awarded under this Act include all
services authorized under this Act, including services
listed in this subsection.
(7) Victim services, including assessments and
screening of victim needs, planning sessions related to
assessments, service planning and goal setting, assessing
intervention needs, notifying and navigating participants
through public agency processes for victim compensation,
crisis intervention, emergency financial assistance,
transportation, medical care, stable housing, and shelter,
assessment and linkage to public benefits, and relocation
services.
(b) In the geographic areas they serve, violence
prevention organizations shall develop expertise in:
(1) Analyzing and leveraging data to identify the
individuals who will most benefit from evidence-based
violence prevention services in their geographic areas.
(2) Identifying the conflicts that are responsible for
recurring violence.
(3) Having relationships with individuals who are most
able to reduce conflicts.
(4) Addressing the stabilization and trauma recovery
needs of individuals impacted by violence by providing
direct services for their unmet needs or referring them to
other qualified service providers.

SB3410 Enrolled - 31 - LRB103 38675 KTG 68812 b
(5) Having and building relationships with community
members and community organizations that provide
evidence-based violence prevention services and get
referrals of people who will most benefit from
evidence-based violence prevention services in their
geographic areas.
(6) Providing training and technical assistance to
local law enforcement agencies to improve their
effectiveness without having any role, requirement, or
mandate to participate in the policing, enforcement, or
prosecution of any crime.
(c) Violence prevention organizations receiving grants
under this Act shall coordinate services with other violence
prevention organizations in their area.
(d) The Office of Firearm Violence Prevention shall
identify, for each separate eligible service area under this
Act, an experienced violence prevention organization to serve
as the Lead Violence Prevention Convener for that area and
provide each Lead Violence Prevention Convener with a grant to
coordinate monthly meetings between violence prevention
organizations and youth development organizations under this
Act. The Lead Violence Prevention Convener may also receive,
from the Office of Firearm Violence Prevention, technical
assistance or training through approved providers when needs
are jointly identified. The Lead Violence Prevention Convener
shall:

SB3410 Enrolled - 32 - LRB103 38675 KTG 68812 b
(1) provide the convened organizations with summary
notes recommendations made at the monthly meetings to
improve the effectiveness of evidence-based violence
prevention services based on review of timely data on
shootings and homicides in his or her relevant
neighborhood;
(2) attend monthly meetings where the cause of
violence and other neighborhood disputes is discussed and
strategize on how to resolve ongoing conflicts and execute
on agreed plans;
(3) (blank);
(4) on behalf of the convened organizations, make
consensus recommendations to the Office of Firearm
Violence Prevention and local law enforcement on how to
reduce violent conflict in his or her neighborhood;
(5) meet on an emergency basis when conflicts that
need immediate attention and resolution arise;
(6) share knowledge and strategies of the community
violence dynamic in monthly meetings with local youth
development specialists receiving grants under this Act;
(7) select when and where needed an approved Office of
Violence Prevention-funded technical assistance and
training service provider to receive agreed upon services;
and
(8) after meeting with community residents and other
community organizations that have expertise in housing,

SB3410 Enrolled - 33 - LRB103 38675 KTG 68812 b
mental health, economic development, education, and social
services, make recommendations to the Office of Firearm
Violence Prevention on how to target community
revitalization resources available from federal and State
funding sources.
The Office of Firearm Violence Prevention shall compile
recommendations from all Lead Violence Prevention Conveners
and report to the General Assembly bi-annually on these
funding recommendations. The Lead Violence Prevention Convener
may also serve as a violence prevention or youth development
provider.
(e) The Illinois Office of Firearm Violence Prevention
shall select, when possible and appropriate, no fewer than 2
and no more than 3 approved technical assistance and training
providers to deliver technical assistance and training to the
violence prevention organizations that request to receive
approved technical assistance and training. Violence
prevention organizations shall have the opportunity to select
among the approved technical assistance services providers
funded by the Office of Firearm Violence Prevention, as long
as the technical assistance provider has the capacity to
effectively serve the grantees that have selected them. The
Department shall make best efforts to accommodate second
choices of violence prevention organizations when the violence
prevention organizations' first choice does not have capacity
to provide technical assistance.

SB3410 Enrolled - 34 - LRB103 38675 KTG 68812 b
(f) Approved technical assistance and training providers
may:
(1) provide training and certification to violence
prevention professionals on how to perform violence
prevention services and other professional development to
violence prevention professionals.
(2) provide management training on how to manage
violence prevention professionals;
(3) provide training and assistance on how to develop
memorandum of understanding for referral services or
create approved provider lists for these referral
services, or both;
(4) share lessons learned among violence prevention
professionals and service providers in their network; and
(5) provide technical assistance and training on human
resources, grants management, capacity building, and
fiscal management strategies.
(g) Approved technical assistance and training providers
shall:
(1) provide additional services identified as
necessary by the Office of Firearm Violence Prevention and
service providers in their network; and
(2) receive a base grant of up to $250,000 plus
negotiated service rates to provide group and
individualized services to participating violence
prevention organizations.

SB3410 Enrolled - 35 - LRB103 38675 KTG 68812 b
(h) (Blank).
(i) The Office of Firearm Violence Prevention shall issue
grants, when possible and appropriate, to no fewer than 2
violence prevention organizations in each of the eligible
service areas and no more than 6 organizations. When possible,
the Office of Firearm Violence Prevention shall work, subject
to eligible applications received, to ensure that grant
resources are equitably distributed across eligible service
areas. The Office of Firearm Violence Prevention may establish
grant award ranges to ensure grants will have the potential to
reduce violence in each neighborhood.
(j) No violence prevention organization can serve more
than 3 eligible service areas unless the Office of Firearm
Violence Prevention is unable to identify violence prevention
organizations to provide adequate coverage.
(k) No approved technical assistance and training provider
shall provide evidence-based violence prevention services in
an eligible service area under this Act unless the Office of
Firearm Violence Prevention is unable to identify qualified
violence prevention organizations to provide adequate
coverage.
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21;
103-8, eff. 6-7-23.)
Section 46. The Illinois Vehicle Code is amended by
changing Section 6-308 as follows:

SB3410 Enrolled - 36 - LRB103 38675 KTG 68812 b
(625 ILCS 5/6-308)
(Text of Section before amendment by P.A. 103-789)
Sec. 6-308. Procedures for traffic violations.
(a) Any person cited for violating this Code or a similar
provision of a local ordinance for which a violation is a petty
offense as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of this
Code, shall not be required to sign the citation for his or her
release. All other provisions of this Code or similar
provisions of local ordinances shall be governed by the
pretrial release provisions of the Illinois Supreme Court
Rules when it is not practical or feasible to take the person
before a judge to have conditions of pretrial release set or to
avoid undue delay because of the hour or circumstances.
(b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address. If the person does not appear in
court on or before the continued court date or satisfy the
court that the person's appearance in and surrender to the
court is impossible for no fault of the person, the court shall
enter an order of failure to appear. The clerk of the court
shall notify the Secretary of State, on a report prescribed by

SB3410 Enrolled - 37 - LRB103 38675 KTG 68812 b
the Secretary, of the court's order. The Secretary, when
notified by the clerk of the court that an order of failure to
appear has been entered, shall immediately suspend the
person's driver's license, which shall be designated by the
Secretary as a Failure to Appear suspension. The Secretary
shall not remove the suspension, nor issue any permit or
privileges to the person whose license has been suspended,
until notified by the ordering court that the person has
appeared and resolved the violation. Upon compliance, the
clerk of the court shall present the person with a notice of
compliance containing the seal of the court, and shall notify
the Secretary that the person has appeared and resolved the
violation.
(c) Illinois Supreme Court Rules shall govern pretrial
release and appearance procedures when a person who is a
resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
(Text of Section after amendment by P.A. 103-789)
Sec. 6-308. Procedures for traffic violations.
(a) Any person cited for violating this Code or a similar
provision of a local ordinance for which a violation is a petty
offense as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section

SB3410 Enrolled - 38 - LRB103 38675 KTG 68812 b
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of this
Code, shall not be required to sign the citation for his or her
release. All other provisions of this Code or similar
provisions of local ordinances shall be governed by the
pretrial release provisions of the Illinois Supreme Court
Rules when it is not practical or feasible to take the person
before a judge to have conditions of pretrial release set or to
avoid undue delay because of the hour or circumstances.
(b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address and, if the clerk of the court
elects to establish a system to send text, email, and
telephone notifications, may also send notifications to an
email address and may send a text message to the person's last
known cellular telephone number. If the person does not have a
cellular telephone number, the clerk of the court may reach
the person by calling the person's last known landline
telephone number regarding continued court dates. The notice
shall include a statement that a subsequent failure to appear
in court could result in a warrant for the defendant's arrest
and other significant consequences affecting their driving
privileges. If the person does not (i) appear in court on or
before the continued court date, (ii) satisfy the charge
without a court appearance if allowed by Illinois Supreme

SB3410 Enrolled - 39 - LRB103 38675 KTG 68812 b
Court Rule, or (iii) satisfy the court that the person's
appearance in and surrender to the court is impossible for no
fault of the person, the court shall enter an ex parte judgment
of conviction imposing a single assessment, specified in the
applicable assessment Schedule 10, 10.5, or 11 for the charged
offense, as provided in the Criminal and Traffic Assessment
Act, plus a fine allowed by statute. The clerk of the court
shall notify the Secretary of State, in a form and manner
prescribed by the Secretary, of the court's order.
(c) Illinois Supreme Court Rules shall govern pretrial
release and appearance procedures when a person who is a
resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(d) The changes made to this Section by Public Act 103-789
this amendatory Act of the 103rd General Assembly apply to
each individual whose license was suspended pursuant to this
Section from between January 1, 2020 through and June 30, 2025
the effective date of this amendatory Act of the 103rd General
Assembly, and the suspension shall be lifted by the Secretary
of State without further action by any court.
(Source: P.A. 103-789, eff. 1-1-25.)
Section 47. The Code of Criminal Procedure of 1963 is
amended by changing Section 124A-20 as follows:

SB3410 Enrolled - 40 - LRB103 38675 KTG 68812 b
(725 ILCS 5/124A-20)
Sec. 124A-20. Assessment waiver.
(a) As used in this Section:
"Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the Illinois
Vehicle Code assessments except as provided in subsection
(a-5).
"Indigent person" means any person who meets one or more
of the following criteria:
(1) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income; Aid to
the Aged, Blind and Disabled; Temporary Assistance for
Needy Families; Supplemental Nutrition Assistance Program;
General Assistance; Transitional Assistance; or State
Children and Family Assistance.
(2) His or her available personal income is 200% or
less of the current poverty level, unless the applicant's
assets that are not exempt under Part 9 or 10 of Article
XII of the Code of Civil Procedure are of a nature and
value that the court determines that the applicant is able
to pay the assessments.
(3) He or she is, in the discretion of the court,
unable to proceed in an action with payment of assessments
and whose payment of those assessments would result in

SB3410 Enrolled - 41 - LRB103 38675 KTG 68812 b
substantial hardship to the person or his or her family.
"Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(a-5) In a county having a population of more than
3,000,000, "assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, including violation of the Illinois Vehicle
Code assessments. This subsection is inoperative on and after
July 1, 2025 2024.
(b) For criminal offenses reflected in Schedules 1, 3, 4,
5, 7, and 8 of Article 15 of the Criminal and Traffic
Assessment Act, upon the application of any defendant, after
the commencement of an action, but no later than 30 days after
sentencing:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a
full assessment waiver exempting him or her from the
payment of any assessments.
(2) The court shall grant the applicant a partial
assessment as follows:
(A) 75% of all assessments shall be waived if the
applicant's available income is greater than 200% but
no more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are

SB3410 Enrolled - 42 - LRB103 38675 KTG 68812 b
such that the applicant is able, without undue
hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the
applicant's available income is greater than 250% but
no more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(C) 25% of all assessments shall be waived if the
applicant's available income is greater than 300% but
no more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(b-5) For traffic and petty offenses reflected in
Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
Traffic Assessment Act, upon the application of any defendant,
after the commencement of an action, but no later than 30 days
after sentencing, the court shall grant the applicant a
partial assessment as follows:
(1) 50% of all assessments shall be waived if the
court finds that the applicant is an indigent person or if

SB3410 Enrolled - 43 - LRB103 38675 KTG 68812 b
the applicant's available income is not greater than 200%
of the poverty level, unless the applicant's assets that
are not exempt under Part 9 or 10 of Article XII of the
Code of Civil Procedure are such that the applicant is
able, without undue hardship, to pay the total
assessments.
(2) 37.5% of all assessments shall be waived if the
applicant's available income is greater than 200% but no
more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are such that
the applicant is able, without undue hardship, to pay the
total assessments.
(3) 25% of all assessments shall be waived if the
applicant's available income is greater than 250% but no
more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are such that
the court determines that the applicant is able, without
undue hardship, to pay a greater portion of the
assessments.
(4) 12.5% of all assessments shall be waived if the
applicant's available income is greater than 300% but no
more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are such that

SB3410 Enrolled - 44 - LRB103 38675 KTG 68812 b
the court determines that the applicant is able, without
undue hardship, to pay a greater portion of the
assessments.
(c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(AABD); Temporary Assistance for Needy Families (TANF);
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or
State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,

SB3410 Enrolled - 45 - LRB103 38675 KTG 68812 b
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed assessments would result in
substantial hardship to the applicant or the applicant's
family.
(d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall
post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:
"If you are unable to pay the required assessments,
you may ask the court to waive payment of them. Ask the
clerk of the court for forms."
(e) For good cause shown, the court may allow an applicant
whose application is denied or who receives a partial
assessment waiver to defer payment of the assessments, make
installment payments, or make payment upon reasonable terms
and conditions stated in the order.
(f) Nothing in this Section shall be construed to affect

SB3410 Enrolled - 46 - LRB103 38675 KTG 68812 b
the right of a party to court-appointed counsel, as authorized
by any other provision of law or by the rules of the Illinois
Supreme Court.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
Section 50. The Unemployment Insurance Act is amended by
changing Sections 235, 401, 403, 1400.1, 1505, 1506.6, and
2101.1 as follows:
(820 ILCS 405/235) (from Ch. 48, par. 345)
Sec. 235. (I) If and only if funds from the State treasury
are not appropriated on or before January 31, 2023 that are
dedicated to pay all outstanding advances made to the State's
account in the Unemployment Trust Fund pursuant to Title XII
of the federal Social Security Act, then this Part (I) is
inoperative retroactive to January 1, 2023.
The term "wages" does not include:
A. With respect to calendar years prior to calendar year
2023, the maximum amount includable as "wages" shall be
determined pursuant to this Section as in effect prior to the
effective date of this amendatory Act of the 102nd General
Assembly.
With respect to the calendar year 2023, the term "wages"
shall include only the remuneration paid to an individual by

SB3410 Enrolled - 47 - LRB103 38675 KTG 68812 b
an employer during that period with respect to employment
which does not exceed $13,271.
With respect to the calendar year 2024, the term "wages"
shall include only the remuneration paid to an individual by
an employer during that period with respect to employment
which does not exceed $13,590.
With respect to the calendar year 2025, the term "wages"
shall include only the remuneration paid to an individual by
an employer during that period with respect to employment
which does not exceed $13,916.
With respect to the calendar year 2026, the term "wages"
shall include only the remuneration paid to an individual by
an employer during that period with respect to employment
which does not exceed $14,250.
With respect to the calendar year 2027, and each calendar
year thereafter, the term "wages" shall include only the
remuneration paid to an individual by an employer during that
period with respect to employment which does not exceed
$14,592.
The remuneration paid to an individual by an employer with
respect to employment in another State or States, upon which
contributions were required of such employer under an
unemployment compensation law of such other State or States,
shall be included as a part of the remuneration herein
referred to. For the purposes of this subsection, any
employing unit which succeeds to the organization, trade, or

SB3410 Enrolled - 48 - LRB103 38675 KTG 68812 b
business, or to substantially all of the assets of another
employing unit, or to the organization, trade, or business, or
to substantially all of the assets of a distinct severable
portion of another employing unit, shall be treated as a
single unit with its predecessor for the calendar year in
which such succession occurs; any employing unit which is
owned or controlled by the same interests which own or control
another employing unit shall be treated as a single unit with
the unit so owned or controlled by such interests for any
calendar year throughout which such ownership or control
exists; and, with respect to any trade or business transfer
subject to subsection A of Section 1507.1, a transferee, as
defined in subsection G of Section 1507.1, shall be treated as
a single unit with the transferor, as defined in subsection G
of Section 1507.1, for the calendar year in which the transfer
occurs. This subsection applies only to Sections 1400, 1405A,
and 1500.
A-1. (Blank).
B. The amount of any payment (including any amount paid by
an employer for insurance or annuities, or into a fund, to
provide for any such payment), made to, or on behalf of, an
individual or any of the individual's his dependents under a
plan or system established by an employer which makes
provision generally for individuals performing services for
the employer him (or for such individuals generally and their
dependents) or for a class or classes of such individuals (or

SB3410 Enrolled - 49 - LRB103 38675 KTG 68812 b
for a class or classes of such individuals and their
dependents), on account of (1) sickness or accident disability
(except those sickness or accident disability payments which
would be includable as "wages" in Section 3306(b)(2)(A) of the
Federal Internal Revenue Code of 1954, in effect on January 1,
1985, such includable payments to be attributable in such
manner as provided by Section 3306(b) of the Federal Internal
Revenue Code of 1954, in effect on January 1, 1985), or (2)
medical or hospitalization expenses in connection with
sickness or accident disability, or (3) death.
C. Any payment made to, or on behalf of, an employee or the
employee's his beneficiary which would be excluded from
"wages" by subparagraph (A), (B), (C), (D), (E), (F) or (G), of
Section 3306(b)(5) of the Federal Internal Revenue Code of
1954, in effect on January 1, 1985.
D. The amount of any payment on account of sickness or
accident disability, or medical or hospitalization expenses in
connection with sickness or accident disability, made by an
employer to, or on behalf of, an individual performing
services for the employer him after the expiration of six
calendar months following the last calendar month in which the
individual performed services for such employer.
E. Remuneration paid in any medium other than cash by an
employing unit to an individual for service in agricultural
labor as defined in Section 214.
F. The amount of any supplemental payment made by an

SB3410 Enrolled - 50 - LRB103 38675 KTG 68812 b
employer to an individual performing services for the employer
him, other than remuneration for services performed, under a
shared work plan approved by the Director pursuant to Section
407.1.
(II) (Blank). This Part (II) becomes operative if and only
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023.
The term "wages" does not include:
A. With respect to calendar years prior to calendar year
2004, the maximum amount includable as "wages" shall be
determined pursuant to this Section as in effect on January 1,
2006.
With respect to the calendar year 2004, the term "wages"
shall include only the remuneration paid to an individual by
an employer during that period with respect to employment
which does not exceed $9,800. With respect to the calendar
years 2005 through 2009, the term "wages" shall include only
the remuneration paid to an individual by an employer during
that period with respect to employment which does not exceed
the following amounts: $10,500 with respect to the calendar
year 2005; $11,000 with respect to the calendar year 2006;
$11,500 with respect to the calendar year 2007; $12,000 with

SB3410 Enrolled - 51 - LRB103 38675 KTG 68812 b
respect to the calendar year 2008; and $12,300 with respect to
the calendar year 2009.
With respect to the calendar years 2010, 2011, 2020, and
each calendar year thereafter, the term "wages" shall include
only the remuneration paid to an individual by an employer
during that period with respect to employment which does not
exceed the sum of the wage base adjustment applicable to that
year pursuant to Section 1400.1, plus the maximum amount
includable as "wages" pursuant to this subsection with respect
to the immediately preceding calendar year. With respect to
calendar year 2012, to offset the loss of revenue to the
State's account in the unemployment trust fund with respect to
the first quarter of calendar year 2011 as a result of Section
1506.5 and the changes made by this amendatory Act of the 97th
General Assembly to Section 1506.3, the term "wages" shall
include only the remuneration paid to an individual by an
employer during that period with respect to employment which
does not exceed $13,560. Except as otherwise provided in
subsection A-1, with respect to calendar year 2013, the term
"wages" shall include only the remuneration paid to an
individual by an employer during that period with respect to
employment which does not exceed $12,900. With respect to the
calendar years 2014 through 2019, the term "wages" shall
include only the remuneration paid to an individual by an
employer during that period with respect to employment which
does not exceed $12,960. Notwithstanding any provision to the

SB3410 Enrolled - 52 - LRB103 38675 KTG 68812 b
contrary, the maximum amount includable as "wages" pursuant to
this Section shall not be less than $12,300 or greater than
$12,960 with respect to any calendar year after calendar year
2009 except calendar year 2012 and except as otherwise
provided in subsection A-1.
The remuneration paid to an individual by an employer with
respect to employment in another State or States, upon which
contributions were required of such employer under an
unemployment compensation law of such other State or States,
shall be included as a part of the remuneration herein
referred to. For the purposes of this subsection, any
employing unit which succeeds to the organization, trade, or
business, or to substantially all of the assets of another
employing unit, or to the organization, trade, or business, or
to substantially all of the assets of a distinct severable
portion of another employing unit, shall be treated as a
single unit with its predecessor for the calendar year in
which such succession occurs; any employing unit which is
owned or controlled by the same interests which own or control
another employing unit shall be treated as a single unit with
the unit so owned or controlled by such interests for any
calendar year throughout which such ownership or control
exists; and, with respect to any trade or business transfer
subject to subsection A of Section 1507.1, a transferee, as
defined in subsection G of Section 1507.1, shall be treated as
a single unit with the transferor, as defined in subsection G

SB3410 Enrolled - 53 - LRB103 38675 KTG 68812 b
of Section 1507.1, for the calendar year in which the transfer
occurs. This subsection applies only to Sections 1400, 1405A,
and 1500.
A-1. If, by March 1, 2013, the payments attributable to
the changes to subsection A by this or any subsequent
amendatory Act of the 97th General Assembly do not equal or
exceed the loss to this State's account in the unemployment
trust fund as a result of Section 1506.5 and the changes made
to Section 1506.3 by this or any subsequent amendatory Act of
the 97th General Assembly, including unrealized interest,
then, with respect to calendar year 2013, the term "wages"
shall include only the remuneration paid to an individual by
an employer during that period with respect to employment
which does not exceed $13,560.
B. The amount of any payment (including any amount paid by
an employer for insurance or annuities, or into a fund, to
provide for any such payment), made to, or on behalf of, an
individual or any of his dependents under a plan or system
established by an employer which makes provision generally for
individuals performing services for him (or for such
individuals generally and their dependents) or for a class or
classes of such individuals (or for a class or classes of such
individuals and their dependents), on account of (1) sickness
or accident disability (except those sickness or accident
disability payments which would be includable as "wages" in
Section 3306(b)(2)(A) of the Federal Internal Revenue Code of

SB3410 Enrolled - 54 - LRB103 38675 KTG 68812 b
1954, in effect on January 1, 1985, such includable payments
to be attributable in such manner as provided by Section
3306(b) of the Federal Internal Revenue Code of 1954, in
effect on January 1, 1985), or (2) medical or hospitalization
expenses in connection with sickness or accident disability,
or (3) death.
C. Any payment made to, or on behalf of, an employee or his
beneficiary which would be excluded from "wages" by
subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
3306(b)(5) of the Federal Internal Revenue Code of 1954, in
effect on January 1, 1985.
D. The amount of any payment on account of sickness or
accident disability, or medical or hospitalization expenses in
connection with sickness or accident disability, made by an
employer to, or on behalf of, an individual performing
services for him after the expiration of six calendar months
following the last calendar month in which the individual
performed services for such employer.
E. Remuneration paid in any medium other than cash by an
employing unit to an individual for service in agricultural
labor as defined in Section 214.
F. The amount of any supplemental payment made by an
employer to an individual performing services for him, other
than remuneration for services performed, under a shared work
plan approved by the Director pursuant to Section 407.1.
(Source: P.A. 102-1105, eff. 1-1-23.)

SB3410 Enrolled - 55 - LRB103 38675 KTG 68812 b
(820 ILCS 405/401) (from Ch. 48, par. 401)
Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023.
A. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's weekly
benefit amount shall be an amount equal to the weekly benefit
amount as defined in the provisions of this Act as amended and
in effect on November 18, 2011.
B. 1. With respect to any benefit year beginning on or
after January 4, 2004 and before January 6, 2008, an
individual's weekly benefit amount shall be 48% of the
individual's his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar; provided, however, that the weekly benefit amount
cannot exceed the maximum weekly benefit amount and cannot be
less than $51. Except as otherwise provided in this Section,
with respect to any benefit year beginning on or after January
6, 2008, an individual's weekly benefit amount shall be 47% of
the individual's his or her prior average weekly wage, rounded
(if not already a multiple of one dollar) to the next higher

SB3410 Enrolled - 56 - LRB103 38675 KTG 68812 b
dollar; provided, however, that the weekly benefit amount
cannot exceed the maximum weekly benefit amount and cannot be
less than $51. With respect to any benefit year beginning on or
after January 1, 2027 2025 and before January 1, 2028 2026, an
individual's weekly benefit amount shall be 40.6% of the
individual's his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar; provided, however, that the weekly benefit amount
cannot exceed the maximum weekly benefit amount and cannot be
less than $51.
2. For the purposes of this subsection:
An individual's "prior average weekly wage" means the
total wages for insured work paid to that individual during
the 2 calendar quarters of the individual's his base period in
which such total wages were highest, divided by 26. If the
quotient is not already a multiple of one dollar, it shall be
rounded to the nearest dollar; however if the quotient is
equally near 2 multiples of one dollar, it shall be rounded to
the higher multiple of one dollar.
"Determination date" means June 1 and December 1 of each
calendar year except that, for the purposes of this Act only,
there shall be no June 1 determination date in any year.
"Determination period" means, with respect to each June 1
determination date, the 12 consecutive calendar months ending
on the immediately preceding December 31 and, with respect to
each December 1 determination date, the 12 consecutive

SB3410 Enrolled - 57 - LRB103 38675 KTG 68812 b
calendar months ending on the immediately preceding June 30.
"Benefit period" means the 12 consecutive calendar month
period beginning on the first day of the first calendar month
immediately following a determination date, except that, with
respect to any calendar year in which there is a June 1
determination date, "benefit period" shall mean the 6
consecutive calendar month period beginning on the first day
of the first calendar month immediately following the
preceding December 1 determination date and the 6 consecutive
calendar month period beginning on the first day of the first
calendar month immediately following the June 1 determination
date.
"Gross wages" means all the wages paid to individuals
during the determination period immediately preceding a
determination date for insured work, and reported to the
Director by employers prior to the first day of the third
calendar month preceding that date.
"Covered employment" for any calendar month means the
total number of individuals, as determined by the Director,
engaged in insured work at mid-month.
"Average monthly covered employment" means one-twelfth of
the sum of the covered employment for the 12 months of a
determination period.
"Statewide average annual wage" means the quotient,
obtained by dividing gross wages by average monthly covered
employment for the same determination period, rounded (if not

SB3410 Enrolled - 58 - LRB103 38675 KTG 68812 b
already a multiple of one cent) to the nearest cent.
"Statewide average weekly wage" means the quotient,
obtained by dividing the statewide average annual wage by 52,
rounded (if not already a multiple of one cent) to the nearest
cent. Notwithstanding any provision of this Section to the
contrary, the statewide average weekly wage for any benefit
period prior to calendar year 2012 shall be as determined by
the provisions of this Act as amended and in effect on November
18, 2011. Notwithstanding any provisions of this Section to
the contrary, the statewide average weekly wage for the
benefit period of calendar year 2012 shall be $856.55 and for
each calendar year thereafter, the statewide average weekly
wage shall be the statewide average weekly wage, as determined
in accordance with this sentence, for the immediately
preceding benefit period plus (or minus) an amount equal to
the percentage change in the statewide average weekly wage, as
computed in accordance with the first sentence of this
paragraph, between the 2 immediately preceding benefit
periods, multiplied by the statewide average weekly wage, as
determined in accordance with this sentence, for the
immediately preceding benefit period. However, for purposes of
the Workers' Compensation Act, the statewide average weekly
wage will be computed using June 1 and December 1
determination dates of each calendar year and such
determination shall not be subject to the limitation of the
statewide average weekly wage as computed in accordance with

SB3410 Enrolled - 59 - LRB103 38675 KTG 68812 b
the preceding sentence of this paragraph.
With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, "maximum weekly benefit
amount" with respect to each week beginning within a benefit
period shall be as defined in the provisions of this Act as
amended and in effect on November 18, 2011.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, "maximum weekly
benefit amount" with respect to each week beginning within a
benefit period means 48% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
Except as otherwise provided in this Section, with respect
to any benefit year beginning on or after January 6, 2008,
"maximum weekly benefit amount" with respect to each week
beginning within a benefit period means 47% of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 1, 2027 2025 and before January 1, 2028 2026, "maximum
weekly benefit amount" with respect to each week beginning
within a benefit period means 40.6% of the statewide average
weekly wage, rounded (if not already a multiple of one dollar)
to the next higher dollar.
C. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's

SB3410 Enrolled - 60 - LRB103 38675 KTG 68812 b
eligibility for a dependent allowance with respect to a
nonworking spouse or one or more dependent children shall be
as defined by the provisions of this Act as amended and in
effect on November 18, 2011.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such
week, as follows: in the case of an individual with a
nonworking spouse, 9% of the individual's his or her prior
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar, provided, that the total
amount payable to the individual with respect to a week shall
not exceed 57% of the statewide average weekly wage, rounded
(if not already a multiple of one dollar) to the next higher
dollar; and in the case of an individual with a dependent child
or dependent children, 17.2% of the individual's his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, provided that the
total amount payable to the individual with respect to a week
shall not exceed 65.2% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
With respect to any benefit year beginning on or after
January 6, 2008 and before January 1, 2010, an individual to
whom benefits are payable with respect to any week shall, in

SB3410 Enrolled - 61 - LRB103 38675 KTG 68812 b
addition to those benefits, be paid, with respect to such
week, as follows: in the case of an individual with a
nonworking spouse, 9% of the individual's his or her prior
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar, provided, that the total
amount payable to the individual with respect to a week shall
not exceed 56% of the statewide average weekly wage, rounded
(if not already a multiple of one dollar) to the next higher
dollar; and in the case of an individual with a dependent child
or dependent children, 18.2% of the individual's his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, provided that the
total amount payable to the individual with respect to a week
shall not exceed 65.2% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
The additional amount paid pursuant to this subsection in
the case of an individual with a dependent child or dependent
children shall be referred to as the "dependent child
allowance", and the percentage rate by which an individual's
prior average weekly wage is multiplied pursuant to this
subsection to calculate the dependent child allowance shall be
referred to as the "dependent child allowance rate".
Except as otherwise provided in this Section, with respect
to any benefit year beginning on or after January 1, 2010, an
individual to whom benefits are payable with respect to any

SB3410 Enrolled - 62 - LRB103 38675 KTG 68812 b
week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual
with a nonworking spouse, the greater of (i) 9% of the
individual's his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, or (ii) $15, provided that the total amount payable to
the individual with respect to a week shall not exceed 56% of
the statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, the greater of (i) the product of the dependent
child allowance rate multiplied by the individual's his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, or (ii) the lesser of
$50 or 50% of the individual's his or her weekly benefit
amount, rounded (if not already a multiple of one dollar) to
the next higher dollar, provided that the total amount payable
to the individual with respect to a week shall not exceed the
product of the statewide average weekly wage multiplied by the
sum of 47% plus the dependent child allowance rate, rounded
(if not already a multiple of one dollar) to the next higher
dollar.
With respect to any benefit year beginning on or after
January 1, 2027 2025 and before January 1, 2028 2026, an
individual to whom benefits are payable with respect to any
week shall, in addition to those benefits, be paid, with

SB3410 Enrolled - 63 - LRB103 38675 KTG 68812 b
respect to such week, as follows: in the case of an individual
with a nonworking spouse, the greater of (i) 9% of the
individual's his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, or (ii) $15, provided that the total amount payable to
the individual with respect to a week shall not exceed 49.6% of
the statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, the greater of (i) the product of the dependent
child allowance rate multiplied by the individual's his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, or (ii) the lesser of
$50 or 50% of the individual's his or her weekly benefit
amount, rounded (if not already a multiple of one dollar) to
the next higher dollar, provided that the total amount payable
to the individual with respect to a week shall not exceed the
product of the statewide average weekly wage multiplied by the
sum of 40.6% plus the dependent child allowance rate, rounded
(if not already a multiple of one dollar) to the next higher
dollar.
With respect to each benefit year beginning after calendar
year 2012, the dependent child allowance rate shall be the sum
of the allowance adjustment applicable pursuant to Section
1400.1 to the calendar year in which the benefit year begins,
plus the dependent child allowance rate with respect to each

SB3410 Enrolled - 64 - LRB103 38675 KTG 68812 b
benefit year beginning in the immediately preceding calendar
year, except as otherwise provided in this subsection. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2010 shall be 17.9%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2011 shall be 17.4%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2012 shall be 17.0% and, with
respect to each benefit year beginning after calendar year
2012, shall not be less than 17.0% or greater than 17.9%.
For the purposes of this subsection:
"Dependent" means a child or a nonworking spouse.
"Child" means a natural child, stepchild, or adopted child
of an individual claiming benefits under this Act or a child
who is in the custody of any such individual by court order,
for whom the individual is supplying and, for at least 90
consecutive days (or for the duration of the parental
relationship if it has existed for less than 90 days)
immediately preceding any week with respect to which the
individual has filed a claim, has supplied more than one-half
the cost of support, or has supplied at least 1/4 of the cost
of support if the individual and the other parent, together,
are supplying and, during the aforesaid period, have supplied
more than one-half the cost of support, and are, and were
during the aforesaid period, members of the same household;
and who, on the first day of such week (a) is under 18 years of

SB3410 Enrolled - 65 - LRB103 38675 KTG 68812 b
age, or (b) is, and has been during the immediately preceding
90 days, unable to work because of illness or other
disability: provided, that no person who has been determined
to be a child of an individual who has been allowed benefits
with respect to a week in the individual's benefit year shall
be deemed to be a child of the other parent, and no other
person shall be determined to be a child of such other parent,
during the remainder of that benefit year.
"Nonworking spouse" means the lawful husband or wife of an
individual claiming benefits under this Act, for whom more
than one-half the cost of support has been supplied by the
individual for at least 90 consecutive days (or for the
duration of the marital relationship if it has existed for
less than 90 days) immediately preceding any week with respect
to which the individual has filed a claim, but only if the
nonworking spouse is currently ineligible to receive benefits
under this Act by reason of the provisions of Section 500E.
An individual who was obligated by law to provide for the
support of a child or of a nonworking spouse for the aforesaid
period of 90 consecutive days, but was prevented by illness or
injury from doing so, shall be deemed to have provided more
than one-half the cost of supporting the child or nonworking
spouse for that period.
(II) (Blank). This Part (II) becomes operative if and only
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all

SB3410 Enrolled - 66 - LRB103 38675 KTG 68812 b
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023.
A. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's weekly
benefit amount shall be an amount equal to the weekly benefit
amount as defined in the provisions of this Act as amended and
in effect on November 18, 2011.
B. 1. With respect to any benefit year beginning on or
after January 4, 2004 and before January 6, 2008, an
individual's weekly benefit amount shall be 48% of his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar; provided, however,
that the weekly benefit amount cannot exceed the maximum
weekly benefit amount and cannot be less than $51. Except as
otherwise provided in this Section, with respect to any
benefit year beginning on or after January 6, 2008, an
individual's weekly benefit amount shall be 47% of his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar; provided, however,
that the weekly benefit amount cannot exceed the maximum
weekly benefit amount and cannot be less than $51. With
respect to any benefit year beginning on or after January 1,
2024 and before January 1, 2025, an individual's weekly
benefit amount shall be 40.6% of his or her prior average

SB3410 Enrolled - 67 - LRB103 38675 KTG 68812 b
weekly wage, rounded (if not already a multiple of one dollar)
to the next higher dollar; provided, however, that the weekly
benefit amount cannot exceed the maximum weekly benefit amount
and cannot be less than $51.
2. For the purposes of this subsection:
An individual's "prior average weekly wage" means the
total wages for insured work paid to that individual during
the 2 calendar quarters of his base period in which such total
wages were highest, divided by 26. If the quotient is not
already a multiple of one dollar, it shall be rounded to the
nearest dollar; however if the quotient is equally near 2
multiples of one dollar, it shall be rounded to the higher
multiple of one dollar.
"Determination date" means June 1 and December 1 of each
calendar year except that, for the purposes of this Act only,
there shall be no June 1 determination date in any year.
"Determination period" means, with respect to each June 1
determination date, the 12 consecutive calendar months ending
on the immediately preceding December 31 and, with respect to
each December 1 determination date, the 12 consecutive
calendar months ending on the immediately preceding June 30.
"Benefit period" means the 12 consecutive calendar month
period beginning on the first day of the first calendar month
immediately following a determination date, except that, with
respect to any calendar year in which there is a June 1
determination date, "benefit period" shall mean the 6

SB3410 Enrolled - 68 - LRB103 38675 KTG 68812 b
consecutive calendar month period beginning on the first day
of the first calendar month immediately following the
preceding December 1 determination date and the 6 consecutive
calendar month period beginning on the first day of the first
calendar month immediately following the June 1 determination
date.
"Gross wages" means all the wages paid to individuals
during the determination period immediately preceding a
determination date for insured work, and reported to the
Director by employers prior to the first day of the third
calendar month preceding that date.
"Covered employment" for any calendar month means the
total number of individuals, as determined by the Director,
engaged in insured work at mid-month.
"Average monthly covered employment" means one-twelfth of
the sum of the covered employment for the 12 months of a
determination period.
"Statewide average annual wage" means the quotient,
obtained by dividing gross wages by average monthly covered
employment for the same determination period, rounded (if not
already a multiple of one cent) to the nearest cent.
"Statewide average weekly wage" means the quotient,
obtained by dividing the statewide average annual wage by 52,
rounded (if not already a multiple of one cent) to the nearest
cent. Notwithstanding any provision of this Section to the
contrary, the statewide average weekly wage for any benefit

SB3410 Enrolled - 69 - LRB103 38675 KTG 68812 b
period prior to calendar year 2012 shall be as determined by
the provisions of this Act as amended and in effect on November
18, 2011. Notwithstanding any provisions of this Section to
the contrary, the statewide average weekly wage for the
benefit period of calendar year 2012 shall be $856.55 and for
each calendar year thereafter, the statewide average weekly
wage shall be the statewide average weekly wage, as determined
in accordance with this sentence, for the immediately
preceding benefit period plus (or minus) an amount equal to
the percentage change in the statewide average weekly wage, as
computed in accordance with the first sentence of this
paragraph, between the 2 immediately preceding benefit
periods, multiplied by the statewide average weekly wage, as
determined in accordance with this sentence, for the
immediately preceding benefit period. However, for purposes of
the Workers' Compensation Act, the statewide average weekly
wage will be computed using June 1 and December 1
determination dates of each calendar year and such
determination shall not be subject to the limitation of the
statewide average weekly wage as computed in accordance with
the preceding sentence of this paragraph.
With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, "maximum weekly benefit
amount" with respect to each week beginning within a benefit
period shall be as defined in the provisions of this Act as
amended and in effect on November 18, 2011.

SB3410 Enrolled - 70 - LRB103 38675 KTG 68812 b
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, "maximum weekly
benefit amount" with respect to each week beginning within a
benefit period means 48% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
Except as otherwise provided in this Section, with respect
to any benefit year beginning on or after January 6, 2008,
"maximum weekly benefit amount" with respect to each week
beginning within a benefit period means 47% of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 1, 2024 and before January 1, 2025, "maximum weekly
benefit amount" with respect to each week beginning within a
benefit period means 40.6% of the statewide average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar.
C. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's
eligibility for a dependent allowance with respect to a
nonworking spouse or one or more dependent children shall be
as defined by the provisions of this Act as amended and in
effect on November 18, 2011.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, an individual to

SB3410 Enrolled - 71 - LRB103 38675 KTG 68812 b
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such
week, as follows: in the case of an individual with a
nonworking spouse, 9% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 57% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 17.2% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed 65.2% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 6, 2008 and before January 1, 2010, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such
week, as follows: in the case of an individual with a
nonworking spouse, 9% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 56% of the
statewide average weekly wage, rounded (if not already a

SB3410 Enrolled - 72 - LRB103 38675 KTG 68812 b
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 18.2% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed 65.2% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
The additional amount paid pursuant to this subsection in
the case of an individual with a dependent child or dependent
children shall be referred to as the "dependent child
allowance", and the percentage rate by which an individual's
prior average weekly wage is multiplied pursuant to this
subsection to calculate the dependent child allowance shall be
referred to as the "dependent child allowance rate".
Except as otherwise provided in this Section, with respect
to any benefit year beginning on or after January 1, 2010, an
individual to whom benefits are payable with respect to any
week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual
with a nonworking spouse, the greater of (i) 9% of his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, or (ii) $15, provided
that the total amount payable to the individual with respect
to a week shall not exceed 56% of the statewide average weekly
wage, rounded (if not already a multiple of one dollar) to the

SB3410 Enrolled - 73 - LRB103 38675 KTG 68812 b
next higher dollar; and in the case of an individual with a
dependent child or dependent children, the greater of (i) the
product of the dependent child allowance rate multiplied by
his or her prior average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar, or (ii) the
lesser of $50 or 50% of his or her weekly benefit amount,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed the product
of the statewide average weekly wage multiplied by the sum of
47% plus the dependent child allowance rate, rounded (if not
already a multiple of one dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 1, 2024 and before January 1, 2025, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such
week, as follows: in the case of an individual with a
nonworking spouse, the greater of (i) 9% of his or her prior
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar, or (ii) $15, provided that
the total amount payable to the individual with respect to a
week shall not exceed 49.6% of the statewide average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar; and in the case of an individual with a
dependent child or dependent children, the greater of (i) the
product of the dependent child allowance rate multiplied by

SB3410 Enrolled - 74 - LRB103 38675 KTG 68812 b
his or her prior average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar, or (ii) the
lesser of $50 or 50% of his or her weekly benefit amount,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed the product
of the statewide average weekly wage multiplied by the sum of
40.6% plus the dependent child allowance rate, rounded (if not
already a multiple of one dollar) to the next higher dollar.
With respect to each benefit year beginning after calendar
year 2012, the dependent child allowance rate shall be the sum
of the allowance adjustment applicable pursuant to Section
1400.1 to the calendar year in which the benefit year begins,
plus the dependent child allowance rate with respect to each
benefit year beginning in the immediately preceding calendar
year, except as otherwise provided in this subsection. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2010 shall be 17.9%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2011 shall be 17.4%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2012 shall be 17.0% and, with
respect to each benefit year beginning after calendar year
2012, shall not be less than 17.0% or greater than 17.9%.
For the purposes of this subsection:
"Dependent" means a child or a nonworking spouse.

SB3410 Enrolled - 75 - LRB103 38675 KTG 68812 b
"Child" means a natural child, stepchild, or adopted child
of an individual claiming benefits under this Act or a child
who is in the custody of any such individual by court order,
for whom the individual is supplying and, for at least 90
consecutive days (or for the duration of the parental
relationship if it has existed for less than 90 days)
immediately preceding any week with respect to which the
individual has filed a claim, has supplied more than one-half
the cost of support, or has supplied at least 1/4 of the cost
of support if the individual and the other parent, together,
are supplying and, during the aforesaid period, have supplied
more than one-half the cost of support, and are, and were
during the aforesaid period, members of the same household;
and who, on the first day of such week (a) is under 18 years of
age, or (b) is, and has been during the immediately preceding
90 days, unable to work because of illness or other
disability: provided, that no person who has been determined
to be a child of an individual who has been allowed benefits
with respect to a week in the individual's benefit year shall
be deemed to be a child of the other parent, and no other
person shall be determined to be a child of such other parent,
during the remainder of that benefit year.
"Nonworking spouse" means the lawful husband or wife of an
individual claiming benefits under this Act, for whom more
than one-half the cost of support has been supplied by the
individual for at least 90 consecutive days (or for the

SB3410 Enrolled - 76 - LRB103 38675 KTG 68812 b
duration of the marital relationship if it has existed for
less than 90 days) immediately preceding any week with respect
to which the individual has filed a claim, but only if the
nonworking spouse is currently ineligible to receive benefits
under this Act by reason of the provisions of Section 500E.
An individual who was obligated by law to provide for the
support of a child or of a nonworking spouse for the aforesaid
period of 90 consecutive days, but was prevented by illness or
injury from doing so, shall be deemed to have provided more
than one-half the cost of supporting the child or nonworking
spouse for that period.
(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff.
1-1-23.)
(820 ILCS 405/403) (from Ch. 48, par. 403)
Sec. 403. Maximum total amount of benefits.
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023.
A. With respect to any benefit year beginning prior to
September 30, 1979, any otherwise eligible individual shall be
entitled, during such benefit year, to a maximum total amount

SB3410 Enrolled - 77 - LRB103 38675 KTG 68812 b
of benefits as shall be determined in the manner set forth in
this Act as amended and in effect on November 9, 1977.
B. With respect to any benefit year beginning on or after
September 30, 1979, except as otherwise provided in this
Section, any otherwise eligible individual shall be entitled,
during such benefit year, to a maximum total amount of
benefits equal to 26 times the individual's 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 amount is smaller. With
respect to any benefit year beginning in calendar year 2012,
any otherwise eligible individual shall be entitled, during
such benefit year, to a maximum total amount of benefits equal
to 25 times the individual's 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 amount is smaller. With respect to any
benefit year beginning on or after January 1, 2027 2025 and
before January 1, 2028 2026, any otherwise eligible individual
shall be entitled, during such benefit year, to a maximum
total amount of benefits equal to 23 times the individual's
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 amount is
smaller.
(II) (Blank). This Part (II) becomes operative if and only

SB3410 Enrolled - 78 - LRB103 38675 KTG 68812 b
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023.
A. With respect to any benefit year beginning prior to
September 30, 1979, any otherwise eligible individual shall be
entitled, during such benefit year, to a maximum total amount
of benefits as shall be determined in the manner set forth in
this Act as amended and in effect on November 9, 1977.
B. With respect to any benefit year beginning on or after
September 30, 1979, except as otherwise provided in this
Section, any otherwise eligible individual shall be entitled,
during such benefit year, to a maximum total amount of
benefits equal to 26 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 amount is smaller. With respect to any
benefit year beginning in calendar year 2012, any otherwise
eligible individual shall be entitled, during such benefit
year, to a maximum total amount of benefits equal to 25 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 amount is
smaller. With respect to any benefit year beginning on or

SB3410 Enrolled - 79 - LRB103 38675 KTG 68812 b
after January 1, 2024 and before January 1, 2025, any
otherwise eligible individual shall be entitled, during such
benefit year, to a maximum total amount of benefits equal to 23
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
amount is smaller.
(Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21;
102-700, eff. 4-19-22; 102-1105, eff. 1-1-23.)
(820 ILCS 405/1400.1)
Sec. 1400.1. Solvency Adjustments.
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023.
As used in this Section, "prior year's trust fund balance"
means the net amount standing to the credit of this State's
account in the unemployment trust fund (less all outstanding
advances to that account, including but not limited to
advances pursuant to Title XII of the federal Social Security
Act) as of June 30 of the immediately preceding calendar year.
The wage base adjustment, rate adjustment, and allowance
adjustment applicable to any calendar year prior to 2023 shall

SB3410 Enrolled - 80 - LRB103 38675 KTG 68812 b
be as determined pursuant to this Section as in effect prior to
the effective date of this amendatory Act of the 102nd General
Assembly.
The rate adjustment and allowance adjustment applicable to
calendar year 2023 and each calendar year thereafter shall be
as follows:
If the prior year's trust fund balance is less than
$525,000,000, the rate adjustment shall be 0.05%, and the
allowance adjustment shall be -0.3% absolute.
If the prior year's trust fund balance is equal to or
greater than $525,000,000 but less than $1,225,000,000,
the rate adjustment shall be 0.025%, and the allowance
adjustment shall be -0.2% absolute.
If the prior year's trust fund balance is equal to or
greater than $1,225,000,000 but less than $1,750,000,000,
the rate adjustment shall be 0, and the allowance
adjustment shall be -0.1% absolute.
If the prior year's trust fund balance is equal to or
greater than $1,750,000,000 but less than $2,275,000,000,
the rate adjustment shall be 0, and the allowance
adjustment shall be 0.1% absolute.
If the prior year's trust fund balance is equal to or
greater than $2,275,000,000 but less than $2,975,000,000,
the rate adjustment shall be -0.025%, and the allowance
adjustment shall be 0.2% absolute.
If the prior year's trust fund balance is equal to or

SB3410 Enrolled - 81 - LRB103 38675 KTG 68812 b
greater than $2,975,000,000, the rate adjustment shall be -
0.05%, and the allowance adjustment shall be 0.3%
absolute.
(II) (Blank). This Part (II) becomes operative if and only
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023.
As used in this Section, "prior year's trust fund
balance" means the net amount standing to the credit of this
State's account in the unemployment trust fund (less all
outstanding advances to that account, including but not
limited to advances pursuant to Title XII of the federal
Social Security Act) as of June 30 of the immediately
preceding calendar year.
The wage base adjustment, rate adjustment, and allowance
adjustment applicable to any calendar year after calendar year
2009 shall be as follows:
If the prior year's trust fund balance is less than
$300,000,000, the wage base adjustment shall be $220, the
rate adjustment shall be 0.05%, and the allowance
adjustment shall be -0.3% absolute.
If the prior year's trust fund balance is equal to or
greater than $300,000,000 but less than $700,000,000, the

SB3410 Enrolled - 82 - LRB103 38675 KTG 68812 b
wage base adjustment shall be $150, the rate adjustment
shall be 0.025%, and the allowance adjustment shall be -
0.2% absolute.
If the prior year's trust fund balance is equal to or
greater than $700,000,000 but less than $1,000,000,000,
the wage base adjustment shall be $75, the rate adjustment
shall be 0, and the allowance adjustment shall be -0.1%
absolute.
If the prior year's trust fund balance is equal to or
greater than $1,000,000,000 but less than $1,300,000,000,
the wage base adjustment shall be -$75, the rate
adjustment shall be 0, and the allowance adjustment shall
be 0.1% absolute.
If the prior year's trust fund balance is equal to or
greater than $1,300,000,000 but less than $1,700,000,000,
the wage base adjustment shall be -$150, the rate
adjustment shall be -0.025%, and the allowance adjustment
shall be 0.2% absolute.
If the prior year's trust fund balance is equal to or
greater than $1,700,000,000, the wage base adjustment
shall be -$220, the rate adjustment shall be -0.05%, and
the allowance adjustment shall be 0.3% absolute.
(Source: P.A. 102-1105, eff. 1-1-23.)
(820 ILCS 405/1505) (from Ch. 48, par. 575)
Sec. 1505. Adjustment of state experience factor.

SB3410 Enrolled - 83 - LRB103 38675 KTG 68812 b
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023.
The state experience factor shall be adjusted in accordance
with the following provisions:
A. For calendar years prior to 1988, the state experience
factor shall be adjusted in accordance with the provisions of
this Act as amended and in effect on November 18, 2011.
B. (Blank).
C. For calendar year 1988 and each calendar year
thereafter, for which the state experience factor is being
determined.
1. For every $50,000,000 (or fraction thereof) by
which the adjusted trust fund balance falls below the
target balance set forth in this subsection, the state
experience factor for the succeeding year shall be
increased one percent absolute.
For every $50,000,000 (or fraction thereof) by which
the adjusted trust fund balance exceeds the target balance
set forth in this subsection, the state experience factor
for the succeeding year shall be decreased by one percent
absolute.
The target balance in each calendar year prior to 2003

SB3410 Enrolled - 84 - LRB103 38675 KTG 68812 b
is $750,000,000. The target balance in calendar year 2003
is $920,000,000. The target balance in calendar year 2004
is $960,000,000. The target balance in calendar year 2005
and each calendar year through 2022 is $1,000,000,000. The
target balance in calendar year 2023 and each calendar
year thereafter is $1,750,000,000.
2. For the purposes of this subsection:
"Net trust fund balance" is the amount standing to the
credit of this State's account in the unemployment trust
fund as of June 30 of the calendar year immediately
preceding the year for which a state experience factor is
being determined.
"Adjusted trust fund balance" is the net trust fund
balance minus the sum of the benefit reserves for fund
building for July 1, 1987 through June 30 of the year prior
to the year for which the state experience factor is being
determined. The adjusted trust fund balance shall not be
less than zero. If the preceding calculation results in a
number which is less than zero, the amount by which it is
less than zero shall reduce the sum of the benefit
reserves for fund building for subsequent years.
For the purpose of determining the state experience
factor for 1989 and for each calendar year thereafter, the
following "benefit reserves for fund building" shall apply
for each state experience factor calculation in which that
12 month period is applicable:

SB3410 Enrolled - 85 - LRB103 38675 KTG 68812 b
a. For the 12 month period ending on June 30, 1988,
the "benefit reserve for fund building" shall be
8/104th of the total benefits paid from January 1,
1988 through June 30, 1988.
b. For the 12 month period ending on June 30, 1989,
the "benefit reserve for fund building" shall be the
sum of:
i. 8/104ths of the total benefits paid from
July 1, 1988 through December 31, 1988, plus
ii. 4/108ths of the total benefits paid from
January 1, 1989 through June 30, 1989.
c. For the 12 month period ending on June 30, 1990,
the "benefit reserve for fund building" shall be
4/108ths of the total benefits paid from July 1, 1989
through December 31, 1989.
d. For 1992 and for each calendar year thereafter,
the "benefit reserve for fund building" for the 12
month period ending on June 30, 1991 and for each
subsequent 12 month period shall be zero.
3. Notwithstanding the preceding provisions of this
subsection, for calendar years 1988 through 2003, the
state experience factor shall not be increased or
decreased by more than 15 percent absolute.
D. Notwithstanding the provisions of subsection C, the
adjusted state experience factor:
1. Shall be 111 percent for calendar year 1988;

SB3410 Enrolled - 86 - LRB103 38675 KTG 68812 b
2. Shall not be less than 75 percent nor greater than
135 percent for calendar years 1989 through 2003; and
shall not be less than 75% nor greater than 150% for
calendar year 2004 and each calendar year thereafter, not
counting any increase pursuant to subsection D-1, D-2, or
D-3;
3. Shall not be decreased by more than 5 percent
absolute for any calendar year, beginning in calendar year
1989 and through calendar year 1992, by more than 6%
absolute for calendar years 1993 through 1995, by more
than 10% absolute for calendar years 1999 through 2003 and
by more than 12% absolute for calendar year 2004 and each
calendar year thereafter, from the adjusted state
experience factor of the calendar year preceding the
calendar year for which the adjusted state experience
factor is being determined;
4. Shall not be increased by more than 15% absolute
for calendar year 1993, by more than 14% absolute for
calendar years 1994 and 1995, by more than 10% absolute
for calendar years 1999 through 2003 and by more than 16%
absolute for calendar year 2004 and each calendar year
thereafter, from the adjusted state experience factor for
the calendar year preceding the calendar year for which
the adjusted state experience factor is being determined;
5. Shall be 100% for calendar years 1996, 1997, and
1998.

SB3410 Enrolled - 87 - LRB103 38675 KTG 68812 b
D-1. The adjusted state experience factor for each of
calendar years 2013 through 2015 shall be increased by 5%
absolute above the adjusted state experience factor as
calculated without regard to this subsection. The adjusted
state experience factor for each of calendar years 2016
through 2018 shall be increased by 6% absolute above the
adjusted state experience factor as calculated without regard
to this subsection. The increase in the adjusted state
experience factor for calendar year 2018 pursuant to this
subsection shall not be counted for purposes of applying
paragraph 3 or 4 of subsection D to the calculation of the
adjusted state experience factor for calendar year 2019.
D-2. (Blank).
D-3. The adjusted state experience factor for calendar
year 2027 2025 shall be increased by 20% absolute above the
adjusted state experience factor as calculated without regard
to this subsection. The increase in the adjusted state
experience factor for calendar year 2027 2025 pursuant to this
subsection shall not be counted for purposes of applying
paragraph 3 or 4 of subsection D to the calculation of the
adjusted state experience factor for calendar year 2028 2026.
D-4. The If and only if an appropriation as set forth in
subsection B of Part (I) of Section 2101.1 is made, the
adjusted state experience factor for calendar years beginning
in 2024 shall be increased by 3% absolute above the adjusted
state experience factor as calculated without regard to this

SB3410 Enrolled - 88 - LRB103 38675 KTG 68812 b
subsection or subsection D-3. The increase in the state
experience factor provided for in this subsection shall not be
counted for purposes of applying paragraph 3 or 4 of
subsection D to the calculation of the adjusted state
experience factor for the following calendar year. This
subsection shall cease to be operative beginning January 1 of
the calendar year following the calendar year in which the
total amount of the transfers of funds provided for in
subsection B of Part (I) of Section 2101.1 equals the total
amount of the appropriation.
E. The amount standing to the credit of this State's
account in the unemployment trust fund as of June 30 shall be
deemed to include as part thereof (a) any amount receivable on
that date from any Federal governmental agency, or as a
payment in lieu of contributions under the provisions of
Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
reimbursement of benefits paid to individuals, and (b) amounts
credited by the Secretary of the Treasury of the United States
to this State's account in the unemployment trust fund
pursuant to Section 903 of the Federal Social Security Act, as
amended, including any such amounts which have been
appropriated by the General Assembly in accordance with the
provisions of Section 2100 B for expenses of administration,
except any amounts which have been obligated on or before that
date pursuant to such appropriation.
(II) (Blank). This Part (II) becomes operative if and only

SB3410 Enrolled - 89 - LRB103 38675 KTG 68812 b
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023.
The state experience factor shall be adjusted in accordance
with the following provisions:
A. For calendar years prior to 1988, the state experience
factor shall be adjusted in accordance with the provisions of
this Act as amended and in effect on November 18, 2011.
B. (Blank).
C. For calendar year 1988 and each calendar year
thereafter, for which the state experience factor is being
determined.
1. For every $50,000,000 (or fraction thereof) by
which the adjusted trust fund balance falls below the
target balance set forth in this subsection, the state
experience factor for the succeeding year shall be
increased one percent absolute.
For every $50,000,000 (or fraction thereof) by which
the adjusted trust fund balance exceeds the target balance
set forth in this subsection, the state experience factor
for the succeeding year shall be decreased by one percent
absolute.
The target balance in each calendar year prior to 2003

SB3410 Enrolled - 90 - LRB103 38675 KTG 68812 b
is $750,000,000. The target balance in calendar year 2003
is $920,000,000. The target balance in calendar year 2004
is $960,000,000. The target balance in calendar year 2005
and each calendar year thereafter is $1,000,000,000.
2. For the purposes of this subsection:
"Net trust fund balance" is the amount standing to the
credit of this State's account in the unemployment trust
fund as of June 30 of the calendar year immediately
preceding the year for which a state experience factor is
being determined.
"Adjusted trust fund balance" is the net trust fund
balance minus the sum of the benefit reserves for fund
building for July 1, 1987 through June 30 of the year prior
to the year for which the state experience factor is being
determined. The adjusted trust fund balance shall not be
less than zero. If the preceding calculation results in a
number which is less than zero, the amount by which it is
less than zero shall reduce the sum of the benefit
reserves for fund building for subsequent years.
For the purpose of determining the state experience
factor for 1989 and for each calendar year thereafter, the
following "benefit reserves for fund building" shall apply
for each state experience factor calculation in which that
12 month period is applicable:
a. For the 12 month period ending on June 30, 1988,
the "benefit reserve for fund building" shall be

SB3410 Enrolled - 91 - LRB103 38675 KTG 68812 b
8/104th of the total benefits paid from January 1,
1988 through June 30, 1988.
b. For the 12 month period ending on June 30, 1989,
the "benefit reserve for fund building" shall be the
sum of:
i. 8/104ths of the total benefits paid from
July 1, 1988 through December 31, 1988, plus
ii. 4/108ths of the total benefits paid from
January 1, 1989 through June 30, 1989.
c. For the 12 month period ending on June 30, 1990,
the "benefit reserve for fund building" shall be
4/108ths of the total benefits paid from July 1, 1989
through December 31, 1989.
d. For 1992 and for each calendar year thereafter,
the "benefit reserve for fund building" for the 12
month period ending on June 30, 1991 and for each
subsequent 12 month period shall be zero.
3. Notwithstanding the preceding provisions of this
subsection, for calendar years 1988 through 2003, the
state experience factor shall not be increased or
decreased by more than 15 percent absolute.
D. Notwithstanding the provisions of subsection C, the
adjusted state experience factor:
1. Shall be 111 percent for calendar year 1988;
2. Shall not be less than 75 percent nor greater than
135 percent for calendar years 1989 through 2003; and

SB3410 Enrolled - 92 - LRB103 38675 KTG 68812 b
shall not be less than 75% nor greater than 150% for
calendar year 2004 and each calendar year thereafter, not
counting any increase pursuant to subsection D-1, D-2, or
D-3;
3. Shall not be decreased by more than 5 percent
absolute for any calendar year, beginning in calendar year
1989 and through calendar year 1992, by more than 6%
absolute for calendar years 1993 through 1995, by more
than 10% absolute for calendar years 1999 through 2003 and
by more than 12% absolute for calendar year 2004 and each
calendar year thereafter, from the adjusted state
experience factor of the calendar year preceding the
calendar year for which the adjusted state experience
factor is being determined;
4. Shall not be increased by more than 15% absolute
for calendar year 1993, by more than 14% absolute for
calendar years 1994 and 1995, by more than 10% absolute
for calendar years 1999 through 2003 and by more than 16%
absolute for calendar year 2004 and each calendar year
thereafter, from the adjusted state experience factor for
the calendar year preceding the calendar year for which
the adjusted state experience factor is being determined;
5. Shall be 100% for calendar years 1996, 1997, and
1998.
D-1. The adjusted state experience factor for each of
calendar years 2013 through 2015 shall be increased by 5%

SB3410 Enrolled - 93 - LRB103 38675 KTG 68812 b
absolute above the adjusted state experience factor as
calculated without regard to this subsection. The adjusted
state experience factor for each of calendar years 2016
through 2018 shall be increased by 6% absolute above the
adjusted state experience factor as calculated without regard
to this subsection. The increase in the adjusted state
experience factor for calendar year 2018 pursuant to this
subsection shall not be counted for purposes of applying
paragraph 3 or 4 of subsection D to the calculation of the
adjusted state experience factor for calendar year 2019.
D-2. (Blank).
D-3. The adjusted state experience factor for calendar
year 2024 shall be increased by 20% absolute above the
adjusted state experience factor as calculated without regard
to this subsection. The increase in the adjusted state
experience factor for calendar year 2024 pursuant to this
subsection shall not be counted for purposes of applying
paragraph 3 or 4 of subsection D to the calculation of the
adjusted state experience factor for calendar year 2025.
E. The amount standing to the credit of this State's
account in the unemployment trust fund as of June 30 shall be
deemed to include as part thereof (a) any amount receivable on
that date from any Federal governmental agency, or as a
payment in lieu of contributions under the provisions of
Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
reimbursement of benefits paid to individuals, and (b) amounts

SB3410 Enrolled - 94 - LRB103 38675 KTG 68812 b
credited by the Secretary of the Treasury of the United States
to this State's account in the unemployment trust fund
pursuant to Section 903 of the Federal Social Security Act, as
amended, including any such amounts which have been
appropriated by the General Assembly in accordance with the
provisions of Section 2100 B for expenses of administration,
except any amounts which have been obligated on or before that
date pursuant to such appropriation.
(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff.
1-1-23.)
(820 ILCS 405/1506.6)
Sec. 1506.6. Surcharge; specified period.
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023. For each employer whose
contribution rate for calendar year 2027 2025 is determined
pursuant to Section 1500 or 1506.1, in addition to the
contribution rate established pursuant to Section 1506.3, an
additional surcharge of 0.350% shall be added to the
contribution rate. The surcharge established by this Section
shall be due at the same time as other contributions with

SB3410 Enrolled - 95 - LRB103 38675 KTG 68812 b
respect to the quarter are due, as provided in Section 1400.
Payments attributable to the surcharge established pursuant to
this Section shall be contributions and deposited into the
clearing account.
(II) (Blank). This Part (II) becomes operative if and only
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023. For each employer
whose contribution rate for calendar year 2024 is determined
pursuant to Section 1500 or 1506.1, in addition to the
contribution rate established pursuant to Section 1506.3, an
additional surcharge of 0.350% shall be added to the
contribution rate. The surcharge established by this Section
shall be due at the same time as other contributions with
respect to the quarter are due, as provided in Section 1400.
Payments attributable to the surcharge established pursuant to
this Section shall be contributions and deposited into the
clearing account.
(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff.
1-1-23.)
(820 ILCS 405/2101.1)

SB3410 Enrolled - 96 - LRB103 38675 KTG 68812 b
Sec. 2101.1. Mandatory transfers.
(I) If and only if funds from the State treasury are not
appropriated on or before January 31, 2023 that are dedicated
to pay all outstanding advances made to the State's account in
the Unemployment Trust Fund pursuant to Title XII of the
federal Social Security Act, then this Part (I) is inoperative
retroactive to January 1, 2023.
A. Notwithstanding any other provision in Section 2101 to
the contrary, no later than June 30, 2007, an amount equal to
at least $1,400,136 but not to exceed $7,000,136 shall be
transferred from the special administrative account to this
State's account in the Unemployment Trust Fund. No later than
June 30, 2008, and June 30 of each of the three immediately
succeeding calendar years, there shall be transferred from the
special administrative account to this State's account in the
Unemployment Trust Fund an amount at least equal to the lesser
of $1,400,000 or the unpaid principal. For purposes of this
Section, the unpaid principal is the difference between
$7,000,136 and the sum of amounts, excluding interest,
previously transferred pursuant to this Section. In addition
to the amounts otherwise specified in this Section, each
transfer shall include a payment of any interest accrued
pursuant to this Section through the end of the immediately
preceding calendar quarter for which the federal Department of
the Treasury has published the yield for state accounts in the
Unemployment Trust Fund. Interest pursuant to this Section

SB3410 Enrolled - 97 - LRB103 38675 KTG 68812 b
shall accrue daily beginning on January 1, 2007, and be
calculated on the basis of the unpaid principal as of the
beginning of the day. The rate at which the interest shall
accrue for each calendar day within a calendar quarter shall
equal the quotient obtained by dividing the yield for that
quarter for state accounts in the Unemployment Trust Fund as
published by the federal Department of the Treasury by the
total number of calendar days within that quarter. Interest
accrued but not yet due at the time the unpaid principal is
paid in full shall be transferred within 30 days after the
federal Department of the Treasury has published the yield for
state accounts in the Unemployment Trust Fund for all quarters
for which interest has accrued pursuant to this Section but
not yet been paid. A transfer required pursuant to this
Section in a fiscal year of this State shall occur before any
transfer made with respect to that same fiscal year from the
special administrative account to the Title III Social
Security and Employment Fund.
B. By If and only 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

SB3410 Enrolled - 98 - LRB103 38675 KTG 68812 b
Fund prior to July 1 of each year or as soon thereafter as
practical. Transfers shall begin in calendar year 2024 and
continue on an annual basis until the total amount of such
transfers equals the total amount of the appropriation. In any
calendar year in which the balance of this State's account in
the Unemployment Trust Fund, less all outstanding advances to
that account, pursuant to Title XII of the federal Social
Security Act, is below $1,200,000,000 as of June 1, any
transfer provided for in this subsection shall not be made
that calendar year.
(II) (Blank). This Part (II) becomes operative if and only
if funds from the State treasury are not appropriated on or
before January 31, 2023 that are dedicated to pay all
outstanding advances made to the State's account in the
Unemployment Trust Fund pursuant to Title XII of the federal
Social Security Act. If this Part (II) becomes operative, it
is operative retroactive to January 1, 2023. Notwithstanding
any other provision in Section 2101 to the contrary, no later
than June 30, 2007, an amount equal to at least $1,400,136 but
not to exceed $7,000,136 shall be transferred from the special
administrative account to this State's account in the
Unemployment Trust Fund. No later than June 30, 2008, and June
30 of each of the three immediately succeeding calendar years,
there shall be transferred from the special administrative
account to this State's account in the Unemployment Trust Fund
an amount at least equal to the lesser of $1,400,000 or the

SB3410 Enrolled - 99 - LRB103 38675 KTG 68812 b
unpaid principal. For purposes of this Section, the unpaid
principal is the difference between $7,000,136 and the sum of
amounts, excluding interest, previously transferred pursuant
to this Section. In addition to the amounts otherwise
specified in this Section, each transfer shall include a
payment of any interest accrued pursuant to this Section
through the end of the immediately preceding calendar quarter
for which the federal Department of the Treasury has published
the yield for state accounts in the Unemployment Trust Fund.
Interest pursuant to this Section shall accrue daily beginning
on January 1, 2007, and be calculated on the basis of the
unpaid principal as of the beginning of the day. The rate at
which the interest shall accrue for each calendar day within a
calendar quarter shall equal the quotient obtained by dividing
the yield for that quarter for state accounts in the
Unemployment Trust Fund as published by the federal Department
of the Treasury by the total number of calendar days within
that quarter. Interest accrued but not yet due at the time the
unpaid principal is paid in full shall be transferred within
30 days after the federal Department of the Treasury has
published the yield for state accounts in the Unemployment
Trust Fund for all quarters for which interest has accrued
pursuant to this Section but not yet been paid. A transfer
required pursuant to this Section in a fiscal year of this
State shall occur before any transfer made with respect to
that same fiscal year from the special administrative account

SB3410 Enrolled - 100 - LRB103 38675 KTG 68812 b
to the Title III Social Security and Employment Fund.
(Source: P.A. 102-1105, eff. 1-1-23.)
Section 55. "An Act concerning courts", approved August 9,
2024, Public Act 103-789, is amended by adding Section 99 as
follows:
(P.A. 103-789, Sec. 99 new)
Sec. 99. Effective date. This Act takes effect on July 1,
2025.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.