Rep. Aarón Ortíz

Calls upon the Director of the Illinois Department of Public Health to expeditiously participate in legislative public hearings, as well as hearings within the communities so affected, in order to provide expert and public testimony concerning the amelioration of this disturbing and reversible public health threat. Urges additional appropriations in State funding, along with any available federal dollars, to provide necessary preventative diagnostic and treatment services to mitigate the harmful effects of HIV among at-risk African American and Latinx populations.

Amends the Code of Civil Procedure. Defines "communication" and "restorative justice practice". Provides that communications received by a party in preparation for, during, or after a restorative justice practice are inadmissible in court unless the privilege is: waived by the party or parties about whom the communication concerns; subject to certain exemptions; or used in furtherance of a criminal act.

Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a rebate card that charges dormancy fees or other post-issuance fees. Defines "rebate card". Senate Committee Amendment No. 1 Provides that the prohibition on imposing post-issuance fees in connection with a rebate made by means of a rebate card applies only to fees charged to the consumer.

Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 735 ILCS 5/17-101 from Ch. 110, par. 17-101 735 ILCS 5/17-102 from Ch. 110, par. 17-102 735 ILCS 5/17-105 from Ch. 110, par. 17-105 735 ILCS 5/17-106 from Ch. 110, par. 17-106 Adds reference to: 775 ILCS 5/3-102.5 new Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately. House Floor Amendment No. 3 Adds reference to: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-103 from Ch. 68, par. 2-103 775 ILCS 5/3-102 from Ch. 68, par. 3-102 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.

Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption. Effective immediately. House Committee Amendment No. 2 Adds reference to: 35 ILCS 200/9-275 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with 3,000,000 or more inhabitants, for taxable years 2020 through 2024, a taxpayer who has been granted a senior citizens homestead exemption need not reapply (currently, the taxpayer must reapply annually). Provides that, if the property ceases to be qualified for that exemption in any year for which a reapplication is not required, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. Provides that the chief county assessment officer shall enter into intergovernmental agreements with the county clerk of his or her county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted a senior citizens homestead exemption. Makes conforming changes in provisions concerning erroneous homestead exemptions. Effective immediately.

Amends the Attorney General Act. Creates the Worker Protection Unit within the Office of the Illinois Attorney General to intervene in, initiate, enforce, and defend all criminal or civil legal proceedings on matters and violations relating to specified statutes. Provides further powers and requirements of the Attorney General in the Worker Protection Unit. Creates the Worker Protection Task Force. Provides for the purposes and composition of the Task Force. Provides that the Task Force shall submit a report to the Governor and the General Assembly regarding its progress no later than December 1, 2020. Repeals the Task Force December 1, 2021. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with additions and changes. Modifies provisions concerning the Worker Protection Unit. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. Modifies provisions concerning the Worker Protection Unit Task Force. Provides that the Task Force shall be coordinated by the Office of the Attorney General to promote a statewide outreach and enforcement effort to target businesses that violate the State's worker protection laws (currently, to target Illinois' underground economy). Adds members to the Task Force. Makes other changes concerning the purposes and duties of the Unit and Task Force.

Creates the Immigration Task Force Act. Creates the Immigration Task Force. Provides for membership of the Task Force. Provides for meetings of the Task Force. Provides that members of the Task Force shall serve without compensation. Provides for administrative and other support to the Task Force. Requires the Task Force to examine specified issues related to immigrant communities in this State. Repeals the Act on January 1, 2021. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Modifies the membership of the Immigration Task Force. Provides that the Department of Human Services (currently, the Department of Human Services and the Department of Human Rights), in consultation with any other State agency relevant to the issue of immigration in this State, shall provide administrative and other support to the Task Force. Adds to the number of issues required to be examined by the Task Force. Effective immediately. Senate Floor Amendment No. 1 Removes a provision requiring the Immigration Task Force to examine whether the State has parity in hiring immigrant persons. Makes conforming changes.

Amends the Abused and Neglected Child Reporting Act. Removes the list of mandated reports under the Act and instead lists several categories of professionals required to report suspected child abuse and neglect to the Department of Children and Family Services, including: (1) medical personnel; (2) social services and mental health personnel; and (3) crisis intervention personnel. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training provided through or approved by the Department and that the training must be completed within a specified timeframe. Requires the Department to adopt rules by January 1, 2020 on its process for approving mandated reporter training. Provides that, by January 1, 2021, continuing education requirements for persons licensed by the Department of Financial and Professional Regulation must include mandated reporter training. Requires the Department, by January 1, 2020, to adopt rules and procedures for educating members of the public about their right to report child abuse or neglect. Requires the Department to seek assistance from businesses and organizations on raising awareness about child abuse and child neglect and the Department's statewide toll-free child abuse hotline. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Organizes the list of mandated reporters under the Act into the following categories of professionals: (i) medical personnel; (ii) social services and mental health personnel; (iii) crisis intervention personnel; (iv) education personnel; (v) recreation or athletic program or facility personnel; (vi) child care personnel; (vii) law enforcement personnel; (viii) funeral home directors; (ix) clergy members; and (x) physicians and other specified medical personnel who provide abortions, abortion referrals, or contraceptives. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, and at least every 3 years thereafter. Provides that the trainings shall be in-person or web-based, and shall include, at a minimum, information on certain topics, including: (a) indicators for recognizing child abuse and child neglect, as defined under the Act; and (b) responding to a child in a trauma-informed manner. Provides that the mandated reporter training shall be provided through the Department of Children and Family Services, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Department of State Police, or through an organization approved by the Department to provide mandated reporter training. Requires the Department of Children and Family Services to make available a free web-based training for reporters. Requires each mandated reporter to report to his or her employer and, when applicable, to his or her licensing or certification board that he or she received the mandated reporter training. Provides that beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and his or her profession has continuing education requirements, the training mandated under the Act shall count toward meeting the licensee's required continuing education hours. Requires the Department of Children and Family Services to develop culturally sensitive materials on child abuse and child neglect, the statewide toll-free telephone number established under the Act, and the process for reporting any reasonable suspicion of child abuse or child neglect. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1, but with the following changes: Provides that educational personnel required to report under the Abused and Neglected Child Reporting Act must do so only to the extent required under a specified provision of the Act (rather than only to the extent required in accordance with other provisions expressly concerning the duty of school board members to report suspected child abuse). Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report (rather than a single report may be made by a designated reporter). In a provision requiring mandated reporters to complete reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, provides that the 3-month requirement may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession. Requires certain medical personnel who work with children in their professional or official capacity to complete mandated reporter training at least every 6 years. Requires such medical personnel to attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Requires medical personnel who do not work with children in their professional or official capacity to make similar affirmations in lieu of repeated training. House Committee Amendment No. 1 Adds reference to: 50 ILCS 705/7 from Ch. 85, par. 507 Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers at all certified police training schools shall include a block of instruction addressing the mandatory reporting requirements under the Abused and Neglected Child Reporting Act. Provides that minimum in-service training requirements, which a police officer must complete every 3 years, shall include training on reporting child abuse and neglect. Further amends the Abused and Neglected Child Reporting Act. Provides that persons required to report under the Act must complete an initial mandated reporter training (rather than must complete mandated reporter training) within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. Provides that the initial requirement (rather than the initial 3-month requirement) only applies to the first time they engage in their professional or official capacity (rather than only applies to the first time they engage in their professional or official capacity and may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession).

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.