Rep. Lindsey LaPointe

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to send to a consumer an unsolicited check that, when cashed, obligates the recipient to repay the amount of the check plus interest and fees. Provides that the provision does not apply to a transaction in which a consumer has submitted an application for, or requested an extension of, credit from the person before receiving the check or instrument, or when the consumer has an existing relationship with the person. House Floor Amendment No. 2 Deletes reference to: 815 ILCS 505/2WWW new Adds reference to: 205 ILCS 670/18 from Ch. 17, par. 5424 Replaces everything after the enacting clause. Amends the Consumer Installment Loan Act. Provides that no person shall deliver to a consumer an unsolicited check payable to the consumer that, upon cashing, obligates the consumer to repay the amount of the check plus interest and fees unless the check bears the following statement printed in 18-point type in uppercase print on the face of the check: "THIS IS A LOAN.". Excludes certain transactions involving consumers who have requested an extension of credit or who have an existing relationship with the person advertising. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 670/18 Adds reference to: 235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-6.65 new 235 ILCS 5/6-28.8 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 120/3 from Ch. 120, par. 442 Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that the amendatory Act may be known as the COVID-19 Pandemic Hospitality Recovery Act. Provides that payment by credit card during the period during which merchandising credit may be extended shall be considered payment. Provides that a retailer may use a credit card to make purchases from a distributor, and the distributor may charge to the retailer any fees associated with that credit card transaction. Provides that manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors may donate money or COVID-19-related improvements, fixtures, and equipment to an entity exempt from federal income taxes under Section 501 of the Internal Revenue Code with the intent that eligible restaurants or retail licensees will apply for and acquire these COVID-19-related improvements, fixtures, and equipment for their use in their operations during the current COVID-19 pandemic until December 31, 2021. Provides that retail license holders may accept temporary donations, pursuant to certain restrictions, of COVID-19-related improvements, fixtures, and equipment from an entity exempt from federal income taxes under Section 501 of the Internal Revenue Code donated to the entity by Illinois licensed manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors. Authorizes the delivery and carry out of a single serving of wine if specified conditions are met. Provides that the provision concerning delivery and carry out of mixed drinks is repealed on January 1, 2024 (instead of June 2, 2021). Makes other changes. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, with respect to certain eating and drinking establishments, the obligation to make quarter monthly payments shall be suspended, and the taxpayer shall, instead, make monthly payments as otherwise provided by law. Effective immediately. Senate Floor Amendment No. 3 Provides that if a taxpayer is engaged in business in the industry identified under Subsector 722 of the North American Industry Classification System (NAICS) entitled "Food Services and Drinking Places", beginning on February 1, 2021 and continuing through December (instead of June) 31, 2021, the obligation to make certain tax payments on or before the 7th, 15th, 22nd and last day of the month shall be suspended, and the taxpayer may choose instead to make payments on or before the 20th day of each calendar month.

Supports and urges the Governor and the Secretary of the IDFPR to issue an Amended Emergency Proclamation to include an amended version that allows dentists to receive, store, and administer the COVID-19 vaccine and a second provision allowing Just in Time (JIT) training for both dentists and dental hygienists in order to participate in mass vaccination efforts throughout the State of Illinois.

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.

Congratulates David "Dave" Wians on his retirement as president of the Gladstone Park Chamber of Commerce. Further commends him for his dedication to the organization over the past 21 years.

Mourns the passing of Edmund J. Gronkiewicz of Chicago and Berwyn.

Creates the Certified Professional Midwives Practice Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2031. Amends the Illinois Insurance Code, the Medical Practice Act of 1987, the Nurse Practice Act, and the Illinois Public Aid Code to make related changes.

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.

Creates the Task Force on Missing and Murdered Chicago Women Act. Creates the Task Force on Missing and Murdered Chicago Women. Provides for the composition of the Task Force and its appointment and meetings. Provides that the Task Force must examine and report on the following: (1) the systemic causes behind violence that Chicago women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against Chicago women and girls, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the violence; (2) appropriate methods for tracking and collecting data on violence against Chicago women and girls, including data on missing and murdered Chicago women and girls; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact violence against Chicago women and girls and the investigation and prosecution of crimes of gender-related violence against Chicago residents; (4) measures necessary to address and reduce violence against Chicago women and girls; and (5) measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against Chicago women and girls. Provides that the Task Force shall report annually to the General Assembly and the Governor on the work of the Task Force.

Amends the State Officials and Employees Ethics Act. Provides that each officer, member, and employee must complete, at least annually, a diversity, inclusion, and cultural competence training program. Provides for the contents of the training program. Provides that proof of completion must be submitted to the applicable ethics officer. Provides that the training program shall be overseen by the appropriate Ethics Commission and Inspector General. Requires each ultimate jurisdictional authority to submit a report summarizing the training program with specified content. Requires governmental units to adopt an ordinance or resolution establishing a policy of diversity, inclusion, and cultural competence training.