Rep. Michael J. Zalewski

Amends the Metropolitan Water Reclamation District Article of the Illinois Pension Code. Provides that "average final salary" means the highest average monthly (instead of annual) salary as calculated by accumulating the salary for the highest 520 consecutive paid days of service (instead of 52 consecutive pay periods) within the last 10 years of service immediately preceding the date of retirement and dividing by 24 (instead of 2). Provides that if the employee is paid for any portion of a work day, the fraction of the day worked and the salary for that fraction of the day shall be counted in accordance with the Fund's administrative rules. Effective immediately.

Amends the University of Illinois Trustees Act. Provides that in order to determine residency status of a potential or current student trustee, the student must provide evidence of the student's Illinois domicile for at least the previous 6 months and either (i) evidence of the student's current, valid Illinois driver's license or Illinois Identification Card or (ii) evidence of the student's valid Illinois voter registration (instead of having evidence of the student's Illinois domicile, Illinois driver's license, and Illinois voter registration positively demonstrate residency). Effective January 1, 2020.

Amends the Chicago Teacher Article of the Illinois Pension Code. For school years beginning on or after July 1, 2019, increases to 120 days (instead of 100 days) the amount of days a service retirement pensioner who is re-employed as a teacher may work without having his or her pension cancelled. Makes conforming changes. Effective immediately.

Amends the Personal Information Protection Act. Provides that a data collector required to report breaches to more than 100 Illinois residents as a result of a single breach must also report to the Attorney General. Provides that the Attorney General shall report to the General Assembly specified information concerning breaches of data security by February 1 of each year. Senate Floor Amendment No. 1 Deletes reference to: 815 ILCS 530/55 new Provides that a data collector required to report breaches to more than 500 (rather than 100) Illinois residents must provide notice to the Attorney General in the most expedient time possible but in no event later than when notice is provided to the consumer (rather than within 14 days). Provides that the Attorney General may publish information concerning the breach. Deletes a proposed requirement that the Attorney General report to the General Assembly regarding breaches.

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the introduced bill with the following changes: defines the terms "casino employer" and "hotel employer"; provides for the utilization of a safety device rather than a panic button; requires time off to be granted to file criminal complaints rather than sign police complaints; removes requirement that anti-harassment policies be posted in Polish; limits economic damage awards to $350 per incident; deletes the home rule preemption; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020. Senate Floor Amendment No. 2 Adds a definition. Defines the term "sexual assault" to mean: (1) an act of sexual conduct, as defined in Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. House Floor Amendment No. 1 Adds reference to: New Act 5 ILCS 140/7.5 20 ILCS 2105/2105-15 710 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 5/2-109 new 775 ILCS 5/2-110 new 775 ILCS 5/7-109.1 from Ch. 68, par. 7-109.1 775 ILCS 5/7A-102 from Ch. 68, par. 7A-102 775 ILCS 5/8-109 from Ch. 68, par. 8-109 775 ILCS 5/8-109.1 new 820 ILCS 180/5 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 5 ILCS 420/4A-101.5 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106 5 ILCS 420/4A-106.5 new 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 430/5-10.5 5 ILCS 430/20-5 5 ILCS 430/20-10 5 ILCS 430/20-50 5 ILCS 430/20-63 new 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-50 5 ILCS 430/25-63 new 5 ILCS 430/70-5 25 ILCS 170/4.7 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Creates the Workplace Transparency Act. Limits the terms of employment agreements that restrict specified employee rights with respect to allegations of unlawful conduct. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Division of Professional Regulation of the Department of Financial and Professional Regulation must exchange information with the Department of Human Rights regarding recommendations received regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Division of Professional Regulation. 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; employer disclosure requirements, and bar and restaurant sexual harassment policies and prevention training. Makes a corresponding change in the Freedom of Information Act. 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. Amends the Victims' Economic Security and Safety Act. Defines "gender violence" and makes the Act applicable in instances of gender violence. Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act to require annual participation in harassment and discrimination prevention training. Further amends the State Officials and Employees Ethics Act. Makes changes concerning: rights of persons subjected to discrimination, harassment, or sexual harassment; jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General, and the Legislative Ethics Commission; complaint process, reporting, and independent review of allegations of sexual harassment made against an elected official; and other matters. Contains severability language. Effective January 1, 2020, except (i) the Hotel and Casino Employee Safety Act takes effect July 1, 2020; and (ii) the changes to the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, and the Lobbyist Registration Act take effect immediately.

Amends the Deferred Compensation Article of the Illinois Pension Code. Provides that the Department of Central Management Services shall automatically enroll in the deferred compensation plan any employee who, on or after 6 months after the effective date of the amendatory Act, first becomes a member or participant under the General Assembly, State Employees, or Judges Article. Provides that an employee automatically enrolled shall have 3% of his or her gross compensation for each compensation period deferred into his or her deferred compensation account. Provides that an employee automatically enrolled in the deferred compensation plan shall have 6 months from the date of enrollment to elect to not participate in the deferred compensation plan or to elect to increase or reduce the amount of gross compensation deferred. Provides that an automatically enrolled employee who elects not to participate shall receive a refund of the compensation deferred. House Committee Amendment No. 1 Adds reference to: 40 ILCS 5/24-105 from Ch. 108 1/2, par. 24-105 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that if a participating employee fails to direct the investment of amounts deferred into the various investment options offered to the participant, the amounts deferred shall be invested in the Plan's default investment fund and the investment shall be deemed to have been made at the participant's investment direction. Provides that an employee automatically enrolled into the deferred compensation plan shall have 3% of his or her pre-tax gross compensation (instead of gross compensation) for each compensation period deferred into his or her deferred compensation account. Provides that an employee shall have 30 days from the start date of employment (instead of 6 months from the date of enrollment) to elect to not participate in the deferred compensation plan or to elect to increase or reduce the amount of gross compensation deferred. Provides that an employee shall be automatically enrolled in the deferred compensation plan beginning the first day of the pay period following the employee's thirtieth day of employment. Makes changes to provisions concerning withdrawal from the deferred compensation plan. Provides that an employee electing to withdraw from the deferred compensation plan shall forfeit all employer matching contributions, if any, made prior to the election. Provides that any refunded amount shall be included in the employee's gross income for the taxable year in which the refund is issued.

Amends the Consent by Minors to Health Care Services Act. Provides that a minor of 12 years or older who may have come into contact with any sexually transmitted disease or may be determined to be an intoxicated person or a person with a substance use disorder, or who may have a family member who abuses drugs or alcohol, may give consent to the furnishing of health care services or counseling related to the prevention, diagnosis, or treatment, rather than just the diagnosis or treatment, of the disease.

Amends the Diversifying Higher Education Faculty in Illinois Act. Provides that the Program Board created to administer the grant program authorized by the Act shall be comprised of 11 (rather than 21) members. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 930/3 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that, beginning with the 2020-2021 school year, in addition to any other requirements under the Code, as a prerequisite to receiving a high school diploma, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must (i) file a Free Application for Federal Student Aid with the United States Department of Education or, if applicable, an application for State financial aid or (ii) on a form created by the State Board of Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application. Provides that a school district must require each high school student to comply with the requirements and must provide to each student and, if applicable, his or her parent or guardian any support or assistance necessary for compliance. Provides that a school district must award a high school diploma to a student who is unable to meet the requirements due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under the Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver. Allows the State Board to adopt rules.

Amends the Property Tax Code. Removes a sunset provision concerning increases in a property's overall valuation that are directly attributable to the investment, improvement, replacement, or expansion of railroad operating property through State or federal government programs necessary for high speed passenger rail transportation (currently, those provisions sunset on December 31, 2019). Effective immediately. House Committee Amendment No. 1 Makes changes to the introduced bill to provide that provisions of the Property Tax Code concerning increases in a property's overall valuation that are directly attributable to the investment, improvement, replacement, or expansion of railroad operating property through State or federal government programs necessary for high speed passenger rail transportation sunset on December 31, 2029 (currently, those provisions sunset on December 31, 2019; in the introduced bill, the sunset date is removed).

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Creates an exemption for qualified tangible personal property used in the construction or operation of a data center that has been granted a certificate of exemption by the Department of Revenue. Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to add provisions concerning those certificates of exemption. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 2505/2505-810 new Adds reference to: 20 ILCS 605/605-1025 new 35 ILCS 5/229 new Makes changes to the introduced bill to provide that the Department of Commerce and Economic Opportunity shall certify qualified data centers (in the introduced bill, the Department of Revenue). Provides that contractors or subcontractors of qualified data centers shall comply with certain responsible bidder requirements of the Illinois Procurement Code. Provides that those contractors shall enter into project labor agreements. Adds provisions to the introduced bill amending the Illinois Income Tax Act. Creates an income tax credit in the amount of 20% of the wages paid during the taxable year to a full-time or part-time employee of a construction contractor employed by a certified data center if those wages are paid for the construction of a new data center in a geographic area that meets certain criteria related to poverty or unemployment. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1025 new 35 ILCS 105/3-5 35 ILCS 110/3-5 35 ILCS 115/3-5 35 ILCS 120/2-5 35 ILCS 640/2-4 Adds reference to: 35 ILCS 5/201 from Ch. 120, par. 2-201 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Provides that the research and development credit applies for taxable years ending prior to January 1, 2027 (currently, January 1, 2022). Creates an income tax credit for qualified education expenses incurred by an employer on behalf of a qualifying apprentice, subject to certain limitations. Effective immediately.