Rep. Theresa Mah

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.

Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption. Effective immediately. House Committee Amendment No. 2 Adds reference to: 35 ILCS 200/9-275 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with 3,000,000 or more inhabitants, for taxable years 2020 through 2024, a taxpayer who has been granted a senior citizens homestead exemption need not reapply (currently, the taxpayer must reapply annually). Provides that, if the property ceases to be qualified for that exemption in any year for which a reapplication is not required, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. Provides that the chief county assessment officer shall enter into intergovernmental agreements with the county clerk of his or her county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted a senior citizens homestead exemption. Makes conforming changes in provisions concerning erroneous homestead exemptions. Effective immediately.

Amends the Attorney General Act. Creates the Worker Protection Unit within the Office of the Illinois Attorney General to intervene in, initiate, enforce, and defend all criminal or civil legal proceedings on matters and violations relating to specified statutes. Provides further powers and requirements of the Attorney General in the Worker Protection Unit. Creates the Worker Protection Task Force. Provides for the purposes and composition of the Task Force. Provides that the Task Force shall submit a report to the Governor and the General Assembly regarding its progress no later than December 1, 2020. Repeals the Task Force December 1, 2021. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with additions and changes. Modifies provisions concerning the Worker Protection Unit. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. Modifies provisions concerning the Worker Protection Unit Task Force. Provides that the Task Force shall be coordinated by the Office of the Attorney General to promote a statewide outreach and enforcement effort to target businesses that violate the State's worker protection laws (currently, to target Illinois' underground economy). Adds members to the Task Force. Makes other changes concerning the purposes and duties of the Unit and Task Force.

Amends the Illinois Procurement Code. Provides that the Capital Development Board and the Department of Transportation shall each, by rule, implement a pilot program under which select construction contracts shall contain provisions that if a subcontractor has performed in accordance with the provisions of the subcontract and the work has been accepted by the State agency, the State agency shall pay the subcontractor directly. Provides that the program shall be implemented by January 1, 2021. Amends the State Prompt Payment Act. Provides that certain provisions concerning payments to subcontractors do not apply to payments to a subcontractor for work performed under a subcontract entered into with a construction contractor if the contract contains a provision that the State agency shall pay the subcontractor directly. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Modifies the term "a proper bill or invoice" to include the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item of each pay period such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides that on and after July 1, 2021, "a proper bill or invoice" also includes the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier, either electronically, within 7 business days after receiving payment, or if paid by a printed check, the printed check must be postmarked within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 3 Requires the Department of Transportation to publish on its website a searchable database that allows for queries for each active construction contract by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor (currently, queries for each active construction contract not required). House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and provides that when a contractor receives any payment, the contractor shall pay each subcontractor and material supplier electronically within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, payment required within 7 business days), or, if paid by a printed check, the printed check must be postmarked within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, postmark required within 7 business days), after receiving payment. Makes conforming changes. Fiscal Note, House Floor Amendment No. 1 (Dept. of Transportation) The changes to prompt pay will not add cost to current IDOT procedures. The query portal for the IDOT website will cost $100,000 to develop.

Creates the Immigration Task Force Act. Creates the Immigration Task Force. Provides for membership of the Task Force. Provides for meetings of the Task Force. Provides that members of the Task Force shall serve without compensation. Provides for administrative and other support to the Task Force. Requires the Task Force to examine specified issues related to immigrant communities in this State. Repeals the Act on January 1, 2021. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Modifies the membership of the Immigration Task Force. Provides that the Department of Human Services (currently, the Department of Human Services and the Department of Human Rights), in consultation with any other State agency relevant to the issue of immigration in this State, shall provide administrative and other support to the Task Force. Adds to the number of issues required to be examined by the Task Force. Effective immediately. Senate Floor Amendment No. 1 Removes a provision requiring the Immigration Task Force to examine whether the State has parity in hiring immigrant persons. Makes conforming changes.

Amends the Illinois Wage Payment and Collection Act. Provides that gratuities to employees are the property of the employees and may not be retained by an employer. Provides that an employer's retention of gratuities is an underpayment of wages for purposes of the Act. Provides that the new provisions do not prohibit tip pooling as permitted by law. Provides that the new provisions do not affect an employer's entitlement to an allowance for gratuities to the extent permitted under the Minimum Wage Law. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments. Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 115/11 from Ch. 48, par. 39m-11 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Wage Payment and Collection Act. Provides that if a final and binding administrative decision issued by the Department of Labor requires an employer or other party to pay wages, penalties, or other amounts in connection with a wage claim, and the employer or other party has neither: (i) made the required payment within 35 days of the issuance of the final and binding administrative decision; nor (ii) timely filed a complaint seeking review of the final and binding administrative decision pursuant to the Administrative Review Law in a court of competent jurisdiction, the Department may file a verified petition against the employer or other party to enforce the final administrative decision and to collect any amounts due in the circuit court of any county where an official office of the Department is located.

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.

Amends the Abused and Neglected Child Reporting Act. Removes the list of mandated reports under the Act and instead lists several categories of professionals required to report suspected child abuse and neglect to the Department of Children and Family Services, including: (1) medical personnel; (2) social services and mental health personnel; and (3) crisis intervention personnel. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training provided through or approved by the Department and that the training must be completed within a specified timeframe. Requires the Department to adopt rules by January 1, 2020 on its process for approving mandated reporter training. Provides that, by January 1, 2021, continuing education requirements for persons licensed by the Department of Financial and Professional Regulation must include mandated reporter training. Requires the Department, by January 1, 2020, to adopt rules and procedures for educating members of the public about their right to report child abuse or neglect. Requires the Department to seek assistance from businesses and organizations on raising awareness about child abuse and child neglect and the Department's statewide toll-free child abuse hotline. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Organizes the list of mandated reporters under the Act into the following categories of professionals: (i) medical personnel; (ii) social services and mental health personnel; (iii) crisis intervention personnel; (iv) education personnel; (v) recreation or athletic program or facility personnel; (vi) child care personnel; (vii) law enforcement personnel; (viii) funeral home directors; (ix) clergy members; and (x) physicians and other specified medical personnel who provide abortions, abortion referrals, or contraceptives. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, and at least every 3 years thereafter. Provides that the trainings shall be in-person or web-based, and shall include, at a minimum, information on certain topics, including: (a) indicators for recognizing child abuse and child neglect, as defined under the Act; and (b) responding to a child in a trauma-informed manner. Provides that the mandated reporter training shall be provided through the Department of Children and Family Services, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Department of State Police, or through an organization approved by the Department to provide mandated reporter training. Requires the Department of Children and Family Services to make available a free web-based training for reporters. Requires each mandated reporter to report to his or her employer and, when applicable, to his or her licensing or certification board that he or she received the mandated reporter training. Provides that beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and his or her profession has continuing education requirements, the training mandated under the Act shall count toward meeting the licensee's required continuing education hours. Requires the Department of Children and Family Services to develop culturally sensitive materials on child abuse and child neglect, the statewide toll-free telephone number established under the Act, and the process for reporting any reasonable suspicion of child abuse or child neglect. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1, but with the following changes: Provides that educational personnel required to report under the Abused and Neglected Child Reporting Act must do so only to the extent required under a specified provision of the Act (rather than only to the extent required in accordance with other provisions expressly concerning the duty of school board members to report suspected child abuse). Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report (rather than a single report may be made by a designated reporter). In a provision requiring mandated reporters to complete reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, provides that the 3-month requirement may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession. Requires certain medical personnel who work with children in their professional or official capacity to complete mandated reporter training at least every 6 years. Requires such medical personnel to attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Requires medical personnel who do not work with children in their professional or official capacity to make similar affirmations in lieu of repeated training. House Committee Amendment No. 1 Adds reference to: 50 ILCS 705/7 from Ch. 85, par. 507 Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers at all certified police training schools shall include a block of instruction addressing the mandatory reporting requirements under the Abused and Neglected Child Reporting Act. Provides that minimum in-service training requirements, which a police officer must complete every 3 years, shall include training on reporting child abuse and neglect. Further amends the Abused and Neglected Child Reporting Act. Provides that persons required to report under the Act must complete an initial mandated reporter training (rather than must complete mandated reporter training) within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. Provides that the initial requirement (rather than the initial 3-month requirement) only applies to the first time they engage in their professional or official capacity (rather than only applies to the first time they engage in their professional or official capacity and may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession).

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutrition Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become ineligible for SNAP benefits according to SNAP regulations. Effective immediately. House Committee Amendment No. 1 Provides that the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) program operated by the Department of Human Services may only be mandatory in counties where the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants (rather than the SNAP E&T program shall be voluntary in every county except those in which the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants). Provides that nothing in the amendatory Act shall prevent the Department from operating a fully voluntary SNAP E&T program.