Illinois General Assembly - Full Text of HB2477
Illinois General Assembly

Previous General Assemblies

Full Text of HB2477  102nd General Assembly

HB2477 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2477

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the Act may be referred to as the COVID-19 Small Business Relief Act. Creates the COVID-19 Immunity Act. Provides that an employer shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the employer was in compliance or consistent with guidance applicable at the time of the alleged exposure. Creates the COVID-19 Business Operation Compliance Act. Provides that a qualified employer may lawfully operate his or her business in the State by adhering to any health and safety guidance that is in place during a time when there is a COVID-19-related public health emergency. Creates the Temporary Employment Tort Moratorium Act. Provides that any lawsuit against a small business for wrongful termination that occurred in the calendar years of 2020 or 2021 shall be stayed until January 1, 2022. Amends the Illinois Emergency Management Agency Act. Provides that the Governor's 30 days of emergency powers shall not be extended, renewed, or successively issued by any subsequent disaster proclamations for the same disaster. Amends the Counties Code and the Illinois Municipal Code. Provides that a county board, board of county commissioners, or a city council may waive any fees or costs associated with a business license or registration required by law to operate a place of business upon a demonstration of financial hardship at any point in a tax year in which the county board has declared a local disaster related to the COVID-19 public health emergency. Amends the Unemployment Insurance Act. Provides that for an annual administrative fee not to exceed $5, an employer subject to the payment of contributions may pay its quarterly contributions due for wages paid during the first 3 quarters of a calendar year in equal installments. Provides that the Director of the Department of Employment Security may establish a temporary unemployment tax holiday for the purposes of providing temporary tax payment relief to an eligible employer in the State. Allows for the development and implementation of an unemployment benefits claims-processing and contribution-management model pilot program that is operated by a responsible private entity or administrator. Makes other changes. Effective immediately.


LRB102 14513 LNS 19866 b

 

 

A BILL FOR

 

HB2477LRB102 14513 LNS 19866 b

1    AN ACT concerning COVID-19.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. COVID-19 Small Business Relief

 
5    Section 1-1. References to Act. This Act may be referred
6to as the COVID-19 Small Business Relief Act.
 
7
Article 5. Civil Immunity for Small Businesses

 
8    Section 5-1. Short title. This Article may be cited as the
9COVID-19 Immunity Act. References in this Article to "this
10Act" mean this Article.
 
11    Section 5-5. Definitions. As used in this Act:
12    "COVID-19" means the novel coronavirus identified as
13SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions
14associated with the disease.
15    "Employer" means any individual, partnership, association,
16corporation, limited liability company, business trust, or any
17person or group of persons acting directly or indirectly in
18the interest of an employer in relation to an employee, for
19which one to 50 persons are gainfully employed on some day
20within a calendar year. An employer is subject to this Act in a

 

 

HB2477- 2 -LRB102 14513 LNS 19866 b

1calendar year on and after the first day in such calendar year
2in which he employs one or more persons, and for the following
3calendar year.
4    "Guidance" means written guidelines related to COVID-19
5issued by the Centers for Disease Control and Prevention, the
6Occupational Safety and Health Administration of the United
7States Department of Labor, the Illinois Department of Public
8Health, the Illinois Department of Commerce and Economic
9Opportunity, or any other State agency, board, or commission.
 
10    Section 5-10. Civil immunity. Notwithstanding any other
11provision of law, an employer shall not be liable in a civil
12action claiming an injury from exposure or potential exposure
13to COVID-19 if the act or omission alleged to violate a duty of
14care of the employer was in compliance or consistent with
15federal or State regulations, a presidential or gubernatorial
16executive order, or guidance applicable at the time of the
17alleged exposure. If 2 or more sources of guidance apply to the
18conduct or risk at the time of the alleged exposure, the
19employer shall not be liable if the conduct is consistent with
20any applicable guidance.
 
21    Section 5-15. Exceptions. The immunity described in
22Section 5-10 does not apply to willful misconduct, reckless
23infliction of harm, or intentional infliction of harm. This
24Act does not affect rights and remedies under the Workers'

 

 

HB2477- 3 -LRB102 14513 LNS 19866 b

1Compensation Act.
 
2
Article 10. Businesses Allowed to Operate Under Federal
3
Guidance

 
4    Section 10-1. Short title. This Article may be cited as
5the COVID-19 Business Operation Compliance Act. References in
6this Article to "this Act" mean this Article.
 
7    Section 10-5. Definitions. As used in this Act:
8    "COVID-19" means the novel coronavirus identified as
9SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions
10associated with the disease.
11    "Guidance" means written guidelines related to COVID-19
12issued by the Centers for Disease Control and Prevention, the
13Occupational Safety and Health Administration of the United
14States Department of Labor, the Illinois Department of Public
15Health, the Illinois Department of Commerce and Economic
16Opportunity, or any other State agency, board, or commission.
17    "Qualified employer" means any essential businesses and
18operations as defined in Executive Order 2020-10 dated March
1920, 2020.
 
20    Section 10-10. Lawful operations during a COVID-19-related
21public health crisis. Notwithstanding any other provision of
22law, a qualified employer may lawfully operate his or her

 

 

HB2477- 4 -LRB102 14513 LNS 19866 b

1business in the State by adhering to any health and safety
2guidance that is in place during a time when there is a
3COVID-19-related public health emergency. The qualified
4employer may choose to adhere to specific federal guidance in
5lieu of any guidance offered by the State or local
6governmental agency if the federal guidance is deemed less
7stringent by the qualified employer.
 
8    Section 10-15. Relation to other laws. This Act supersedes
9any State law, including any local law or ordinance, contract,
10agreement, policy, plan, practice, or other matter that
11reduces, limits, or eliminates in any manner any protection
12provided by this Act, including the establishment of
13additional prerequisites to the exercise of any such
14protection.
 
15
Article 15. Temporary Employment Tort Moratorium

 
16    Section 15-1. Short title. This Article may be cited as
17the Temporary Employment Tort Moratorium Act. References in
18this Article to "this Act" mean this Article.
 
19    Section 15-5. Temporary stay of wrongful termination
20suits.
21    (a) Due to the vast effects of the COVID-19 pandemic on
22small businesses and the response from the State government

 

 

HB2477- 5 -LRB102 14513 LNS 19866 b

1that made it even more difficult for small businesses to
2operate, the purpose of this Act is to give small businesses
3time to recuperate some of their losses before any possible
4lawsuits may cause them any further harm.
5    (b) As used in this Section, "small business" means any
6business with 50 or fewer employees.
7    (c) Any wrongful termination lawsuit against a small
8business filed on the basis of a termination that occurred in
9the calendar years of 2020 or 2021 shall be stayed until
10January 1, 2022. This shall not abridge the right of a person
11to file or obtain any remedy for a wrongful termination suit
12and any statute of limitations period shall be tolled from the
13date the wrongful termination occurred or should have been
14discovered until January 1, 2022.
 
15
Article 20. Claims Against the State of Illinois; IEMA
16
Disaster Declaration Limitation

 
17    Section 20-5. The Illinois Emergency Management Agency Act
18is amended by adding Section 7.5 as follows:
 
19    (20 ILCS 3305/7.5 new)
20    Sec. 7.5. Expiration of emergency powers of the Governor.
21The Governor's 30 days of emergency powers shall not be
22extended, renewed, or successively issued by any subsequent
23disaster proclamations for the same disaster. Neither shall

 

 

HB2477- 6 -LRB102 14513 LNS 19866 b

1any disaster proclamations be extended, renewed, or
2successively issued beyond 30 days for the same disaster.
3Injunctive relief, attorney's fees, and court costs shall be
4awarded to a prevailing plaintiff in a suit alleging that an
5executive order by the Governor is in violation of this
6Section.
 
7
Article 25. Business License and Registration Fee Waiver

 
8    Section 25-5. The Counties Code is amended by adding
9Section 5-1186 as follows:
 
10    (55 ILCS 5/5-1186 new)
11    Sec. 5-1186. Waiver of business licensing and registration
12fees for small businesses. Notwithstanding any other provision
13of law, a county board or board of county commissioners may, by
14resolution, waive any fees or costs associated with a business
15license or registration required by law to operate a place of
16business upon a demonstration of financial hardship at any
17point in a tax year in which the county board has declared a
18local disaster as provided in the Illinois Emergency
19Management Agency Act related to the COVID-19 public health
20emergency.
 
21    Section 25-10. The Illinois Municipal Code is amended by
22adding Section 11-42-17 as follows:
 

 

 

HB2477- 7 -LRB102 14513 LNS 19866 b

1    (65 ILCS 5/11-42-17 new)
2    Sec. 11-42-17. Waiver of business licensing and
3registration fees for small businesses. Notwithstanding any
4other provision of law, a city council of a municipality may,
5by resolution, waive any fees or costs associated with a
6business license or registration required by law to operate a
7place of business upon a demonstration of financial hardship
8at any point in a tax year in which the county board has
9declared a local disaster as provided in the Illinois
10Emergency Management Agency Act related to the COVID-19 public
11health emergency.
 
12
Article 30. Unemployment Benefit Charges Relief Extended; No
13
Experience Factor Changes Based on COVID-19-Related
14
Unemployment

 
15    Section 30-5. The Unemployment Insurance Act is amended by
16changing Section 1502.4 and by adding Section 1504.1 as
17follows:
 
18    (820 ILCS 405/1502.4)
19    Sec. 1502.4. Benefit charges; COVID-19.
20    A. With respect to any benefits paid for a week of
21unemployment that begins on or after March 15, 2020, and
22before June 30, 2021 December 31, 2020, and is directly or

 

 

HB2477- 8 -LRB102 14513 LNS 19866 b

1indirectly attributable to COVID-19, notwithstanding any other
2provisions to the contrary an employer that is subject to the
3payment of contributions shall not be chargeable for any
4benefit charges.
5    B. With respect to any regular benefits paid for a week of
6unemployment that begins on or after March 15, 2020, and
7before June 30, 2021 December 31, 2020, and is directly or
8indirectly attributable to COVID-19, notwithstanding any other
9provisions to the contrary except subsection E, a nonprofit
10organization that is subject to making payments in lieu of
11contributions shall be chargeable for 50% of the benefits
12paid.
13    C. With respect to any benefits paid for a week of
14unemployment that begins on or after March 15, 2020, and
15before June 30, 2021 December 31, 2020, and is directly or
16indirectly attributable to COVID-19, notwithstanding any other
17provisions to the contrary except subsection E, the State and
18any local government that is subject to making payments in
19lieu of contributions shall be chargeable for 50% of the
20benefits paid, irrespective of whether the State or local
21government paid the individual who received the benefits wages
22for insured work during the individual's base period.
23    D. Subsections A, B, and C shall only apply to the extent
24that the employer can show that the individual's unemployment
25for the week was directly or indirectly attributable to
26COVID-19.

 

 

HB2477- 9 -LRB102 14513 LNS 19866 b

1    E. No employer shall be chargeable for the week of
2benefits paid to an individual under the provisions of Section
3500D-1.
4(Source: P.A. 101-633, eff. 6-5-20.)
 
5    (820 ILCS 405/1504.1 new)
6    Sec. 1504.1. State experience factor evaluation. The
7Department shall recommend to the General Assembly and the
8Governor that no change to the State's experience factor
9should be made in a calendar year if the Department reasonably
10believes that any change will result in increased costs to
11employers in the State.
 
12
Article 35. Quarterly Unemployment Insurance Contributions

 
13    Section 35-5. The Unemployment Insurance Act is amended by
14adding Section 1400.01 as follows:
 
15    (820 ILCS 405/1400.01 new)
16    Sec. 1400.01. Payments of contributions. For an annual
17administrative fee not to exceed $5, an employer subject to
18the payment of contributions may pay its quarterly
19contributions due for wages paid during the first 3 quarters
20of a calendar year in equal installments as follows:
21        (1) For contributions due for wages paid during the
22    first quarter of that calendar year, one-fourth of the

 

 

HB2477- 10 -LRB102 14513 LNS 19866 b

1    contributions due shall be paid on or before April 30 of
2    that calendar year, one-fourth shall be paid on or before
3    July 31 of that calendar year, one-fourth shall be paid on
4    or before October 31 of that calendar year, and one-fourth
5    shall be paid on or before January 31 of the succeeding
6    calendar year.
7        (2) In addition to the payments specified in paragraph
8    (1), for contributions due for wages paid during the
9    second quarter of that calendar year, one-third of the
10    contributions due shall be paid on or before July 31 of
11    that calendar year, one-third shall be paid on or before
12    October 31 of that calendar year, and one-third shall be
13    paid on or before January 31 of the succeeding calendar
14    year.
15        (3) In addition to the payments specified in
16    paragraphs (1) and (2), for contributions due for wages
17    paid during the third quarter of that calendar year,
18    one-half of the contributions due shall be paid on or
19    before October 31 of that calendar year, and one-half
20    shall be paid on or before January 31 of the succeeding
21    calendar year.
22        (4) The annual administrative fee assessed for
23    electing to pay under this Section for a calendar year
24    shall be due and payable on or before April 30 of that
25    calendar year and shall be deposited into the Special
26    Administrative Account.

 

 

HB2477- 11 -LRB102 14513 LNS 19866 b

1    Interest shall not accrue on any contribution that becomes
2due for wages paid during the first 3 quarters of a calendar
3year if the employer elects to utilize the provisions of this
4Section and pays its contributions and administrative fee in
5accordance with paragraphs (1) through (4). If an employer
6elects to utilize the provisions of this Section but fails to
7pay its contributions when due in accordance with paragraphs
8(1) through (4), interest shall accrue as of the date that the
9payment was originally due without regard to this Section.
10    The Director may adopt such rules as the Director deems
11necessary to carry out this Section.
 
12
Article 40. Unemployment Tax Holiday

 
13    Section 40-5. The Unemployment Insurance Act is amended by
14adding Section 1400.3 as follows:
 
15    (820 ILCS 405/1400.3 new)
16    Sec. 1400.3. Employer's contribution holiday. For calendar
17year 2021, the Director may establish a temporary unemployment
18tax holiday for the purposes of providing temporary tax
19payment relief to an eligible employer in the State. As used in
20this Section, "eligible employer" means an employer with 50 or
21fewer employees who is subject to this Act.
 
22
Article 45. Private Sector Option for Unemployment Insurance

 

 

HB2477- 12 -LRB102 14513 LNS 19866 b

1
Contribution and Benefit Pilot Program

 
2    Section 45-5. The Unemployment Insurance Act is amended by
3adding Section 101 as follows:
 
4    (820 ILCS 405/101 new)
5    Sec. 101. Private Sector Option for Unemployment Insurance
6Contribution and Benefit Pilot Program.
7    (a) The State is facing one of the most challenging
8financial times in State history that was brought about by the
92019 novel coronavirus. While at the beginning of the global
10pandemic, and to this day, the novel coronavirus created a
11public health crisis, its continued impacts on public health
12have additionally given way to an economic crisis. This has
13placed an incredible strain on the Department of Employment
14Security. Facing an unprecedented need for unemployment and
15other assistance, the Department has proven ineffectual in its
16safe, secure, and timely handling and processing of
17unemployment claims and benefits. All across this State, there
18have been countless cases of reported and suspected
19unemployment fraud committed against State residents. The
20great need for assistance by legitimate claimants and the
21seemingly unknown levels of fraudulent claims has resulted in
22an unworkable benefits delivery model that does not appear to
23be improving. Therefore, the State affirms herein the need to
24employ a new alternative method of processing unemployment

 

 

HB2477- 13 -LRB102 14513 LNS 19866 b

1claims that allows Illinois workers and businesses greater
2flexibility, security, and cost-effectiveness.
3    (b) The Department may allow for the development and
4implementation of an unemployment benefits claims-processing
5and contribution-management model pilot program that is
6operated by a responsible private entity or administrator with
7all appropriate, safe, and secure integrity measures that are
8required by State and federal laws governing the
9administration of unemployment insurance benefit systems.
10    (c) In establishing the pilot program, the Department may
11establish an unemployment insurance contribution model that
12allows qualified employers to, in lieu of making regular
13unemployment insurance contributions under the provisions of
14this Act, secure a bond that is managed by the responsible
15private entity or administrator for purposes of paying out any
16qualified unemployment claims. Similarly, a qualified employee
17may secure a bond that is managed by the responsible private
18entity or administrator for purposes of accessing qualified
19unemployment claims. In establishing the pilot program, the
20Department may, additionally, allow for the portability of any
21unemployment insurance that allows qualified employees to work
22with the responsible private entity or administrator to ensure
23that timely and secure payments are made from the bond. The
24Department may set any reasonable criteria for the
25establishment of the pilot program and may establish any
26necessary guidelines so as to ensure the State's compliance

 

 

HB2477- 14 -LRB102 14513 LNS 19866 b

1with any federal law.
2    (d) The pilot program shall be overseen by the Department
3and the Department, in consultation with the Department of
4Revenue, may adopt any rules necessary to ensure that the
5pilot program and the responsible private entity or
6administrator that acts as the administrator of the pilot
7program is abiding by all applicable State and federal laws.
8    (e) The Department may receive any and all information
9deemed necessary and appropriate from the responsible private
10entity or administrator to ensure the compliance of the
11responsible private entity or administrator with all State and
12federal laws, including any reporting requirements that the
13Department may deem reasonable and appropriate.
14    (f) Participation in the pilot program created under this
15Section may be limited to any qualified employee that:
16        (1) has filed for and received unemployment insurance
17    benefits in calendar year 2020 or 2021; or
18        (2) has been the victim of unemployment insurance
19    fraud; and
20        (3) is an employee of a qualified employer in the
21    State that employs less than 50 employees in the State.
22    (g) The pilot program under this Section shall become
23effective beginning on January 1, 2022 and shall be in effect
24until January 1, 2025.
25    (h) Nothing in this Section shall be interpreted to create
26a new tax or increase the rate of contribution of any employer

 

 

HB2477- 15 -LRB102 14513 LNS 19866 b

1required under this Act.
2    (i) As used in this Section:
3    "Private administration of unemployment insurance
4benefits" means the direct administration of State
5unemployment insurance benefits for qualifying taxpayers and
6businesses that elect to participate in the pilot program
7created under this Section.
8    "Qualified employee" means an Illinois worker who filed
9for and received unemployment benefits in calendar year 2020
10or 2021 or an Illinois worker who was the victim of
11unemployment insurance benefit fraud in calendar year 2020 or
122021.
13    "Qualified employer" means any business with 50 or fewer
14employees.
15    "Responsible private entity or administrator" means a
16nonpublic entity that has operated in the business of
17insurance or unemployment insurance administration and is
18licensed in the State and deemed capable and competent to
19implement the provisions of the pilot program created under
20this Section.
 
21
Article 99. Effective Date

 
22    Section 99-99. Effective date. This Act takes effect upon
23becoming law.

 

 

HB2477- 16 -LRB102 14513 LNS 19866 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 3305/7.5 new
5    55 ILCS 5/5-1186 new
6    65 ILCS 5/11-42-17 new
7    820 ILCS 405/1502.4
8    820 ILCS 405/1504.1 new
9    820 ILCS 405/1400.01 new
10    820 ILCS 405/1400.3 new
11    820 ILCS 405/101 new