Rep. Lisa Hernandez

Amends the Minimum Wage Law. Provides that, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025.

Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately.

Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that, in determining whether an individual is an Illinois resident, if the individual enrolls or attains credits at a public or private elementary school in this State, a public or private high school in this State, an adult school organized under the Public Community College Act, or a community college campus organized under the Public Community College Act, or either graduated from a public or private high school or received the equivalent of a high school diploma in this State, attained an associate degree from a community college campus organized under the Public Community College Act, or fulfilled the minimum transfer requirements established by the college for students transferring from a campus of a community college organized under the Public Community College Act, then the individual can qualify as a resident (instead of requiring that the individual resided with his or her parent or guardian while attending a public or private high school in this State or graduated from a public or private high school or received the equivalent of a high school diploma in this State). Removes the requirement that the individual must attend school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma to qualify as an Illinois resident.

Amends the Rent Control Preemption Act. Provides that the Act does not prohibit a municipality from setting rent controls for manufactured homes.

Makes various appropriations from the General Revenue Fund to the Department of Human Services, the Department of Early Childhood, and the Illinois State Board of Education for early childhood and related purposes. Effective July 1, 2024.

Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offenses of child sexual abuse material to child sexual abuse material. Changes the penalty for grooming from a Class 4 to a Class 3 felony. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent". Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".

Creates the Transmission Efficiency and Cooperation Law within the Public Utilities Act. Provides that an incumbent electric transmission owner has the right to construct, own, and maintain an electric transmission line approved in a transmission plan that will connect to facilities that are owned by that incumbent electric transmission owner and that are or will be under the functional control of a regional transmission operator. Specifies that the right to construct, own, and maintain such an electric transmission line belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed upon in writing. Provides that proportionality shall be determined based on the location of the electric transmission line relative to each incumbent electric transmission owner's retail service territory. Authorizes an incumbent electric transmission owner to assign its right to construct, own, and maintain an electric transmission line to a transmission affiliate. Provides that an owner may notify the Illinois Commerce Commission that it will not construct any or all of the electric transmission line, and the Commission may grant permission and approval for the construction to another entity. Effective immediately.

Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Effective immediately.

Amends the Chicago School District Article of the School Code. Prohibits, until February 1, 2027, the Chicago Board of Education from closing any attendance center within the school district that has selective admission requirements that are approved by the Board. Prohibits, until February 1, 2027, the Board from changing the standards for admission to any attendance center within the school district that has selective admission requirements that are approved by the Board. Provides that, notwithstanding any other provision of the Code, the Board may not take any action, until February 1, 2027, that results in a decrease in either the total amount or percentage of funds allocated to an attendance center within the school district that has selective admission requirements that are approved by the Board. Effective immediately.

Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of: (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately.