SB 208

Abstract

Amends the Illinois Secure Choice Savings Program Act. Removes all references to and the definition of "small employer". Provides that the Act applies to employers with at least one employee (rather than employers with fewer than 25 employees). Requires the Illinois Secure Choice Savings Board to (i) establish annual automatic increases to the contribution rates and (ii) verify employee eligibility for auto-enrollment in accordance with the Internal Revenue Code and applicable federal and State laws. Makes changes regarding penalties for employers who fail, without reasonable cause, to enroll an employee in the Illinois Secure Choice Savings Program (Program). Provides that, for purposes of the penalties, the Department of Revenue shall determine total employee count for employers using the annual average from employer-reported quarterly data. Provides that the Department may provide notice regarding penalties in an electronic format to be determined by the Department. Removes a provision authorizing the Department to implement the penalties 9 months after the Illinois Secure Choice Savings Board notifies the Director of Revenue that the Program has been implemented. Senate Committee Amendment No. 1 Provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements. House Committee Amendment No. 1 Deletes reference to: 820 ILCS 80/5 820 ILCS 80/30 820 ILCS 80/60 820 ILCS 80/85 Adds reference to: 820 ILCS 115/15 from Ch. 48, par. 39m-15 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Makes a technical change in a Section concerning the short title. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 208, as amended by HA 3, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0208, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 208, as amended by House Amendment 3, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included in Senate Bill 208, House Amendment #3; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) Corrections Population Impact: None; Fiscal Impact: $68,984,327 over a ten-year period House Floor Amendment No. 4 Deletes reference to: 820 ILCS 115/15 Adds reference to: New Act 30 ILCS 105/5.990 new Replaces everything after the enacting clause. Creates the Paid Leave for All Workers Act. Requires employers to provide paid leave to employees for any purpose. Sets forth provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that an employee who works in this State is entitled to earn and use a minimum of 40 hours of paid leave during a 12-month period. Makes it unlawful for an employer to interfere with, restrain, deny, change scheduled work days or hours to avoid paid leave, or discipline an employee for the exercise of any right under the Act. Authorizes the Department of Labor to administer and enforce the Act. Provides for the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Amends the State Finance Act. Creates the Paid Leave for All Workers Fund as a special fund in the State treasury. Effective January 1, 2024