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.
Sponsored bills
Amends the Environmental Protection Act. Codifies the findings and recommendations of the Mahomet Aquifer Task Force established under P.A. 100-0403. Provides that the Environmental Protection Agency shall identify unlined, thinly covered legacy landfills for inspection and study the landfills after prioritizing them based on potential hazards to surface water and groundwater resources. Prescribes required qualifications for Agency inspectors designated to identify and inspect legacy landfills. Provides that the Agency shall collect and archive information about landfills for present and long-term use, including manifests and engineering records. Provides that the Agency shall assemble location information about industries and companies that generate waste and that the resulting records should be available for use as confidential information by regulatory agencies but shall not be subject to the Freedom of Information Act. Amends the Illinois Groundwater Protection Act. Provides that, subject to appropriation, the Agency, in consultation and cooperation with the Illinois State Geological Survey and the Illinois State Water Survey, shall design and implement a Pilot Project at the Pekin Metro Landfill in Tazewell County, to be completed by December 31, 2020. Provides that the Pilot Program shall perform specified tasks. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 2, and makes the following changes: Provides that, when prioritizing the unregulated or underregulated landfills (currently, only landfills) that overlie the Mahomet Aquifer for inspection, the Agency shall consider the specified factors. Requires the Agency to identify unknown, unregulated, or underregulated (currently, unpermitted) waste disposal sites that overlie (currently, that are located within the boundaries of) the Mahomet Aquifer. Removes language requiring the Prairie Research Institute to offer specified training to instruct landfill instructors for the routine inspection and management of landfills. Removes language requiring the Prairie Research Institute to provide the Agency with updates on developments in specified technologies and systems. Requires the Agency to (i) archive information about landfills prioritized for response action following inspection and investigation, including their ownership, operational details, and waste disposal history, and (ii) assemble location information about industries and companies that generate waste. Removes language requiring the information to be available for use as confidential information but exempted from the Freedom of Information Act. Removes language requiring the Agency to utilize the information and data collected from the project to create best management practices for addressing other landfills throughout the State. Requires the Agency, following the completion of the pilot project response actions, to (i) evaluate the use of aerial photography and other remote sensing technologies to aid in the inspection and investigation of landfills; and (ii) identify additional procedures, requirements, or authorities that may be appropriate or necessary to address threats to human health and the environment from other unregulated or underregulated landfills throughout the State. House Floor Amendment No. 1 Adds reference to: 415 ILCS 5/13.9 new Further amends the Environmental Protection Act to require the Prairie Research Institute to conduct a Mahomet Aquifer natural gas storage study using specified methods.
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.
Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.
Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.
Amends the Consumer Fraud and Deceptive Business Practices Act in relation to the dissemination of criminal record information. In provisions making it an unlawful practice for a person or entity that publishes for profit a person's criminal record information to fail to correct an error in the individual's criminal record information under specified circumstances, provides that those provisions also apply to other dissemination of the information and to publication in a criminal history report. Provides that nothing in the Act shall be construed to restrict or limit the ability of an aggrieved party to proceed through established federal or State remedies or other alternative methods of redress for similar offenses. Senate Floor Amendment No. 2 Adds reference to: 815 ILCS 505/11a from Ch. 121 1/2, par. 271a Replaces everything after the enacting clause with contents of the bill as introduced except that the provision relating to the construction of the Act not restricting or limiting the ability to seek other remedies for similar offenses is changed to refer to similar violations rather than offenses. Makes a technical change. Senate Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/11a Removes provision regarding construction of the Act and providing that the Act does not restrict the ability to seek alternative remedies.
Creates the Asian American Family Commission Act. Creates the Asian American Family Commission. Provides for the appointment of members to the Commission and terms of membership. Provides that members shall serve without compensation, but shall be reimbursed for Commission-related expenses. Provides for the appointment of liaisons from specified State agencies to serve as ex officio members of the Commission. Provides that the Office of the Governor, in cooperation with the State agencies appointing liaisons to the Commission, shall provide administrative support to the Commission. Provides for funding to the Commission. Requires the Commission to annually report to the Governor and the General Assembly.
Amends the Code of Criminal Procedure of 1963. Provides that any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of the offense shall be allowed a credit of $30 (rather than $5) for each day so incarcerated upon application of the defendant. House Floor Amendment No. 1 Adds reference to: 705 ILCS 135/5-20 Amends the Criminal and Traffic Assessment Act. Provides that any credit for time served prior to sentencing that reduces the amount a defendant is required to pay shall be deducted from the fine, if any, ordered by the court (rather than any credit for time served prior to sentencing that reduces the amount a defendant is required to pay shall be deducted first from the fine, if any, ordered by the court). Deletes that any remainder of the credit shall be equally divided between the assessments indicated in the ordered schedule and conditional assessments.
Repeals the Kyoto Protocol Act of 1998. Effective immediately.
Amends the Homelessness Prevention Act. Changes certain types of assistance grantees shall offer households to prevent homelessness as follows: (1) payment of a rent or mortgage arrearage (rather than payment of a rent or mortgage arrearage in an amount established as necessary to defeat the eviction or foreclosure, but shall in no event be greater than 3 months of rental or mortgage arrears); (2) payment of a security deposit (rather than payment of a rent deposit or security deposit and payment of not more than 2 months rent or mortgage payments); and (3) payment of rent or mortgage. Provides that in no case shall the total assistance for a household be greater than the equivalent of 6 months of rent or mortgage payments. Provides that, on an annual basis, a grantee's administrative costs and case management expenses shall not exceed 15% of the grant amount it receives.