HB4861 102ND GENERAL ASSEMBLY

LRB102 24080 RJF 33301 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4861

Introduced 1/27/2022, by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.21 new
15 ILCS 305/5	from Ch. 124, par. 5
20 ILCS 5/5-125	was 20 ILCS 5/5.13i
20 ILCS 5/5-213 new
20 ILCS 5/5-540	was 20 ILCS 5/6.28 and 5/7.01
20 ILCS 1005/1005-7 new
20 ILCS 1005/1005-115	was 20 ILCS 1005/43a.10
20 ILCS 1005/1005-155

Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that beginning July 1, 2023, the Director of Employment Security shall be appointed by the Secretary of State. Provides further related appointments of the Secretary of State. Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that upon the appointment of a Director of Employment Security by the Secretary of State, the Department of Employment Security shall be a department under the jurisdiction of the Office of the Secretary of State. Allows the Secretary of State to establish a transition committee concerning the Department of Employment Security. Requires the Office of the Governor to coordinate with the Secretary of State concerning the Department of Employment Security. Amends the Secretary of State Act. Modifies the duties of the Secretary of State to include the appointment of and jurisdiction over the Director and Department of Employment Security, and related duties. Provides for the adoption of rules, including emergency rules. Makes conforming changes.

A BILL FOR

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 adding Section 5-45.21 as follows:

(5 ILCS 100/5-45.21 new)

Sec. 5-45.21. Emergency rulemaking; Secretary of State employment security transition. To provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 102nd General Assembly and any duties of the Secretary of State as required under such provisions regarding jurisdiction over the Department of Employment Security, emergency rules implementing the changes made by this amendatory Act of the 102nd General Assembly may be adopted by the Secretary in accordance with Section 5-45. 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 2 years after the effective date of this amendatory Act of the 102nd General Assembly.

Section 10. The Secretary of State Act is amended by changing Section 5 as follows:

(15 ILCS 305/5) (from Ch. 124, par. 5)

Sec. 5. It shall be the duty of the Secretary of State:

1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor.

2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.

3. To make proper indexes to public acts, resolutions, papers and documents in the Secretary's office.

3-a. To review all rules of all State agencies adopted in compliance with the codification system prescribed by the Secretary. The review shall be for the purposes and include all the powers and duties provided in the Illinois Administrative Procedure Act. The Secretary of State shall cooperate with the Legislative Information System to insure the accuracy of the text of the rules maintained under the Legislative Information System Act.

4. To give any person requiring the same paying the lawful fees therefor, a copy of any law, act, resolution, record or paper in the Secretary's office, and attach thereto the Secretary's certificate, under the seal of the state.

5. To take charge of and preserve from waste, and keep in repair, the houses, lots, grounds and appurtenances, situated in the City of Springfield, and belonging to or occupied by the State, the care of which is not otherwise provided for by law, and to take charge of and preserve from waste, and keep in repair, the houses, lots, grounds and appurtenances, situated in the State outside the City of Springfield where such houses, lots, grounds and appurtenances are occupied by the Secretary of State and no other State officer or agency.

6. To supervise the distribution of the laws.

7. To perform such other duties as may be required by law. The Secretary of State may, within appropriations authorized by the General Assembly, maintain offices in the State Capital and in such other places in the State as the Secretary may deem necessary to properly carry out the powers and duties vested in the Secretary by law.

8. In addition to all other authority granted to the Secretary by law, subject to appropriation, to make grants or otherwise provide assistance to, among others without limitation, units of local government, school districts, educational institutions, private agencies, not-for-profit organizations, and for-profit entities for the health, safety, and welfare of Illinois residents for purposes related to education, transportation, construction, capital improvements, social services, and any other lawful public purpose. Upon request of the Secretary, all State agencies are mandated to provide the Secretary with assistance in administering the grants.

9. To notify the Auditor General of any Public Act filed with the Office of the Secretary of State making an appropriation or transfer of funds from the State treasury. This paragraph (9) applies only through June 30, 2015.

10. To accept service of process only in those specifically mandated areas of the law and as determined by the General Assembly. The Secretary of State is not the default agent for service of process in the State of Illinois.

11. To appoint the Director of Employment Security and have jurisdiction over the Department of Employment Security as provided under Section 5-213 of the Departments of State Government Law of the Civil Administrative Code of Illinois, and all other related duties.

(Source: P.A. 102-591, eff. 1-1-22.)

Section 15. The Civil Administrative Code of Illinois is amended by changing Sections 5-125 and 5-540 and by adding Section 5-213 as follows:

(20 ILCS 5/5-125) (was 20 ILCS 5/5.13i)

Sec. 5-125. In the Department of Employment Security. The board of review, which shall consist of 5 members, 2 of whom shall be representatives of a labor organization recognized under the National Labor Relations Act, 2 of whom shall be representative citizens chosen from the employing class, and one of whom shall be a representative citizen not identified with either the employing class or a labor organization.

Beginning July 1, 2023, the Secretary of State shall appoint the board of review as provided in this Section, and the board of review shall thereafter be under the jurisdiction of the Secretary of State and otherwise under the direction, supervision, and control of the Director of Employment Security.

(Source: P.A. 101-384, eff. 1-1-20.)

(20 ILCS 5/5-213 new)

Sec. 5-213. Director of Employment Security. Beginning July 1, 2023, the Director of Employment Security shall be appointed by the Secretary of State, and the Department of Employment Security shall thereafter be a department under the jurisdiction of the Office of the Secretary of State. The Director of Employment Security shall possess all qualifications as prescribed by the Secretary of State.

(20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)

Sec. 5-540. In the Department of Employment Security. An Employment Security Advisory Board, composed of 12 persons. Of the 12 members of the Employment Security Advisory Board, 4 members shall be chosen from a labor organization recognized under the National Labor Relations Act, 4 members shall be representative citizens chosen from the employing class, and 4 members shall be representative citizens not identified with either the employing class or a labor organization.

Beginning July 1, 2023, the Secretary of State shall appoint the Employment Security Advisory Board as provided in this Section, and the Advisory Board shall thereafter be under the jurisdiction of the Secretary of State and otherwise under the direction, supervision, and control of the Director of Employment Security.

(Source: P.A. 101-384, eff. 1-1-20.)

Section 20. The Department of Employment Security Law of the Civil Administrative Code of Illinois is amended by changing Sections 1005-115 and 1005-155 and by adding Section 1005-7 as follows:

(20 ILCS 1005/1005-7 new)

Sec. 1005-7. Secretary of State jurisdiction.

(a) Upon the appointment of a Director of Employment Security by the Secretary of State as provided under Section 5-213 of the Departments of State Government Law of the Civil Administrative Code of Illinois, the Department of Employment Security shall be a department under the jurisdiction of the Office of the Secretary of State.

(b) To aid in this jurisdictional transition, the Secretary of State may establish a transition committee for a 2-year duration to be appointed as prescribed by the Secretary of State. The committee shall study statutory and administrative changes related to this jurisdictional transition and make recommendations to the Secretary of State.

(c) The Secretary of State may adopt rules, including emergency rules, necessary to administer the Department of Employment Security as a department under the jurisdiction of the Office of the Secretary of State.

(d) The Office of the Governor shall coordinate with the Secretary of State as necessary to ensure the transition as provided under this Section.

(20 ILCS 1005/1005-115) (was 20 ILCS 1005/43a.10)

Sec. 1005-115. Transfer of lands to other State agency; acquisition of federal lands. The Department has the power to transfer jurisdiction of any realty under the control of the Department to any other department of the State government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Secretary of State Governor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-155)

Sec. 1005-155. Illinois worknet Centers report. The Department of Employment Security, or the State agency responsible for the oversight of the federal Workforce Innovation and Opportunity Act if that agency is not the Department of Employment Security, shall prepare a report for the Secretary of State Governor and the General Assembly regarding the progress of the Illinois Employment and Training Centers in serving individuals with disabilities. The report must include, but is not limited to, the following: (i) the number of individuals referred to the Illinois Employment and Training Centers by the Department of Human Services Office of Rehabilitation Services; (ii) the total number of individuals with disabilities served by the Illinois Employment and Training Centers; (iii) the number of individuals with disabilities served in federal Workforce Innovation and Opportunity Act employment and training programs; (iv) the number of individuals with disabilities annually placed in jobs by the Illinois Employment and Training Centers; and (v) the number of individuals with disabilities referred by the Illinois Employment and Training Centers to the Department of Human Services Office of Rehabilitation Services. The report is due by December 31, 2004 based on the previous State program year of July 1 through June 30, and is due annually thereafter. "Individuals with disabilities" are defined as those who self-report as being qualified as disabled under the 1973 Rehabilitation Act or the 1990 Americans with Disabilities Act, for the purposes of this Law.

(Source: P.A. 99-143, eff. 7-27-15; 100-477, eff. 9-8-17.)