Rep. Ann Williams

Amends the Election Code. Provides for the election of the Chicago Board of Education at the general primary election in 2020 only as a nonpartisan election on a separate ballot. Provides that a member of the Chicago Board of Education shall be elected at each consolidated election thereafter. Makes related changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the General Assembly for seats on the Chicago Board of Education. Sets forth provisions providing that in the year following each decennial census, the General Assembly shall redistrict the electoral districts to reflect the results of each decennial census. Makes other changes. Effective immediately. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections only (rather than beginning with the 2020 general primary election only as a nonpartisan election on a separate ballot and each consolidated election thereafter). Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Provides that, beginning on May 9, 2023 (rather than March 24, 2020) and until May 13, 2031, successors of the Inspector General for the Chicago school district shall be appointed by the school board instead of the Mayor. Effective immediately.

Amends the Criminal and Traffic Assessment Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 135/1-1 Adds reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Replaces everything after the enacting clause. Amends the Circuit Courts Act. Divides the 6th judicial circuit into the 6th and 24th judicial circuits on December 7, 2020. Provides that the 6th circuit shall consist of the county of Champaign, and the 24th circuit shall consist of the counties of Douglas, Moultrie, Macon, DeWitt and Piatt. Provides that of the 5 circuit judges elected in the 6th circuit before the 2020 general election, the Supreme Court shall assign 3 to the 6th circuit and 2 to the 24th circuit, based on the residency of the circuit judges then holding those judgeships. Provides that an individual seeking election or retention during the 2020 general election to one of the 6 at large judgeships assigned to the 6th circuit shall seek election or retention solely within the boundaries of Champaign County, and an individual seeking election or retention during the 2020 general election to one of the 2 at large judgeships assigned to the 24th circuit shall seek election or retention solely within the boundaries of DeWitt, Douglas, Macon, Moultrie, and Piatt counties. Provides that the resident judgeships elected in the counties of Macon, Moultrie, Douglas, and DeWitt shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Provides that before December 7, 2020, the Supreme Court shall allocate: the associate judgeships of the 6th circuit between the 6th and 24th circuits; and personnel, books, records, documents, property, funds, assets, liabilities, and pending matters concerning the 6th circuit between the 6th and 24th circuits. Makes corresponding changes. Effective immediately. House Floor Amendment No. 2 Provides that the one resident judgeship elected from Moultrie County and Piatt County (rather than 2 resident judgeships elected from Moultrie County) shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 1) 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. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 2) 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. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Senate Floor Amendment No. 2 Deletes reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Adds reference to: 705 ILCS 5/11 from Ch. 37, par. 16 Replaces everything after the enacting clause. Amends the Supreme Court Act. Provides that the office of marshal for the Supreme Court may also employ court security officers. Subjects such a court security officer hired by the marshal to the same training requirements and authorizes a court security officer to arrest in the same manner as a court security officer hired by a county sheriff. Allows a court security officer to carry a weapon at his or her place of employment and to and from his or her place of employment. Effective immediately.

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Amends the Criminal Code of 2012. Creates the offense of first responder endangerment. Provides that a person commits the offense when he or she knowingly creates a dangerous condition and intentionally conceals the dangerous condition in a commercial property under his or her management or operational control and the dangerous condition is found to be the primary cause of the death or serious bodily injury of a first responder in the course of his or her official duties. Provides that a violation is a Class 4 felony. Defines various terms. Senate Committee Amendment No. 1 Deletes reference to: 720 ILCS 5/12-5.1b new Adds reference to: 720 ILCS 5/1-1 from Ch. 38, par. 1-1 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.

Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income producing property shall submit income and expense data related to the property annually to the chief county assessment officer. Provides that, in counties with fewer than 3,000,000 inhabitants, the county board may provide by resolution that taxpayers of income producing property shall submit income and expense data annually to the chief county assessment officer. Provides that, when determining the value of property for assessment purposes, the assessor may consider all relevant information pertaining to the fair cash value of the property, including, but not limited to, income and expense data, sales data, property characteristics data, construction cost data, appraisals, and other valuation information. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: (1) provides that the term "income producing property" includes only non-owner-occupied real property; (2) defines "property"; (3) provides that failure to submit income and expense data shall result in a penalty of 0.5% (in the introduced bill, 2%) of the prior year's assessed value; (4) provides that the taxpayer shall not be required to pay more than $100,000 in penalties per property; (5) removes provisions from the introduced bill providing that, if the taxpayer fails to submit income and expense data, the taxpayer shall not be permitted to appeal the assessment of that income producing property for the applicable taxable year; and (6) provides that the chief county assessment officer is not prohibited from disclosing compiled and anonymized income and expense data. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/9-155 35 ILCS 200/9-160 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment 1 with changes. Removes conforming changes concerning income and expense data, but retains the new Article concerning income-producing property. Provides that the term "income and expense data" include specific federal income tax returns (in Senate Amendment 1, federal income tax returns generally). Provides that "income-producing property" means property that is not exclusively owner-occupied (in Senate Amendment 1, non-owner-occupied). Removes a reference to gas stations. Defines "owner-occupied" and "taxpayer". Provides that the chief county assessment officer shall notify taxpayers of their obligation to submit income and expense data. Makes changes concerning the submission of federal tax forms. Provides that the penalty for failure to submit income and expense data shall be 0.05% (instead of 0.5%) of the prior year's market value. Adds provisions concerning administrative hearings. Makes other changes. Effective immediately.

Amends the General Assembly Organization Act. Provides that in times of pestilence or an emergency resulting from a domestic or foreign terrorist attack, members of the General Assembly may participate remotely and cast votes in sessions, by joint proclamation of the Speaker of the House of Representatives and the President of the Senate, and committees of either the House of Representatives or Senate may participate remotely pursuant to the rules of the chamber. Provides that the House of Representatives and the Senate shall adopt rules for remote participation. Makes conforming changes. Effective immediately.

Amends the Illinois Criminal Justice Information Act. Requires the Authority to produce a monthly Pretrial Order Report, Pretrial Bail Proceeds Report, and Pretrial Custody and Release Report. Specifies requirements for these reports. Provides that the Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted. Amends the Counties Code and the Clerk of Courts Act to require certain reporting requirements. Amends the Criminal Code of 2012. Changes violation of bail bond to violation of conditions of pre-trial release. Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail under the Code, except under the Uniform Criminal Extradition Act. Provides for considerations for granting and denying pre-trial release. Provides that a person arrested with or without a warrant on an offense for which pre-trial release may not be denied shall, except as otherwise provided, be released by the officer without appearing before a judge. Provides that the court may use a regularly validated risk assessment tool to determine conditions of release. Provides that if a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. Makes other changes. Effective immediately.

Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately. Fiscal Note (Dept. of Employment Security) The Illinois Department of Employment Security has reviewed House Bill 5861 and has determined that the legislation, as it affects recoupment of unemployment insurance benefits payable under Illinois state law, could have a fiscal impact. The Agency has asked the Unites States Department of Labor (USDOL) for a standard conformity review with federal regulations, which is pending. Non-conformity with federal regulations could result in a loss of Federal Unemployment Tax Credits for Illinois employers, in essence increasing employer taxes, potentially by 900%. 42 U.S.C. §3303-3304. A determination of non-conformity could also result in the loss of federal grant funding for the administration of the unemployment insurance programs in Illinois. 42 U.S.C. §502. Additionally, it is unclear what, if any, actions the federal government may take regarding unemployment insurance programs, and whether there would be restrictions included in any such actions which would discourage states from taking an action that could worsen the health of the unemployment trust fund. The legislation may also have a fiscal impact on the Illinois Unemployment Insurance Trust Fund. The reported data indicates that for the programs payable under Illinois state law: (1) Fiscal Year 2019, non-fraudulent; recoupments totaled approximately $14,303,046.00; (2) Fiscal Year 2020, non-fraudulent recoupments totaled approximately $16,552,059.00; and (3) First Quarter Fiscal Year 2021, non-fraudulent recoupments totaled approximately $5,527,893.00. Based on the above date, it appears the legislation could forgive $3.3 million to $5.5 million for each quarter the waiver provision remained in effect. While the system is generally designed to replenish the state's Unemployment Trust Fund account by charging employers for benefits paid from the account, employers would not be directly charged for the forgiven overpayments as the bill is currently written.

Amends the School Code. Requires the State Board of Education to establish and maintain a homeless student pilot program during the 2021-2022, 2022-2023, and 2023-2024 school years at Ryan Banks Academy ("the School") for at-risk homeless students or housing-unstable students who are exposed to trauma or violence. Provides requirements for the School and the program. Contains provisions regarding the pilot program's goals. Requires the State Board of Education to report its recommendation for expansion, revision, or discontinuation of the pilot program to the Governor and the General Assembly on or before June 1, 2023. Repeals the provisions on June 1, 2024. Effective immediately.

Amends the Wildlife Code. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 520 ILCS 5/1.1 Adds reference to: 520 ILCS 5/2.18-1 from Ch. 61, par. 2.18-1 520 ILCS 5/2.33 from Ch. 61, par. 2.33 Replaces everything after the enacting clause. Amends the Wildlife Code. Provides that it shall be lawful for any person who holds the licenses, permits, and stamps required for the taking of migratory waterfowl to use steel and other non-toxic shotshells as approved by the United States Fish and Wildlife Service when taking waterfowl at any location in the State where the hunting of migratory waterfowl is authorized. Provides that it is unlawful to use any shotgun larger than 10 gauge or smaller than a .410 bore to take species protected by this Act; however, nothing shall prohibit the use of a shotgun, not larger than 10 gauge nor smaller than a 20 gauge, with a rifled barrel. Provides that it shall be unlawful to use lead shotshells to take wildlife on Department of Natural Resources properties on or after January 1, 2022. Makes other changes.