Rep. Justin Slaughter

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 School Code. Provides that a school board shall require its schools to either connect at-risk students with anger management classes offered in the community or conduct their own anger management classes for at-risk students. Provides that if the school board requires a school to conduct these classes, the classes do not have to be implemented until the beginning of the 2021-2022 school year. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/10-20.69 new 105 ILCS 5/34-18.61 new Adds reference to: 105 ILCS 5/27-23.12 Replaces everything after the enacting clause. Amends the School Code. With regard to the Emotional Intelligence and Social and Emotional Learning Task Force, provides that the curriculum and assessment guidelines and best practices on emotional intelligence and social and emotional learning that the Task Force must develop must include strategies and instruction to address the needs of students with anger management issues. Provides that the Task Force must also make recommendations on the funding of appropriate services and the availability of sources of funding, including, but not limited to, federal funding, to address social and emotional learning. Requires the Task Force to complete the guidelines and recommendations on or before March 1, 2020 (rather than January 1, 2019).

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 Juvenile Court Act of 1987. Provides that all proceedings under the Act in respect to any minor automatically terminate upon his or her attaining the age of 21 years (rather than 19 years). Makes conforming changes. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that wardship concerning neglected, abused, and dependent minors terminates at 21 years of age rather than 19 years of age. Provides that a provision providing the wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed automatically terminates when the minor attains the age of 19 years becomes inoperative on and after the effective date of the amendatory Act. Provides that notwithstanding any provision of law to the contrary, the changes made by the amendatory Act apply to all cases that are pending on or after the effective date of the amendatory Act. Provides that when terminating wardship, if the minor is over 18, or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (1) the minor's wishes regarding case closure; (2) the manner in which the minor will maintain independence without services from the Department of Children and Family Services; (3) the minor's engagement in services including placement offered by the Department; (4) if the minor is not engaged the Department's efforts to engage the minor; (5) the nature of communication between the minor and the Department; (6) the minor's involvement in other State systems or services; (7) the minor's connections with family and other community support; and (8) any other factor the court deems relevant. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 705 ILCS 405/2-31 705 ILCS 405/2-33 Adds reference to: 325 ILCS 5/7.14 from Ch. 23, par. 2057.14 325 ILCS 5/7.22a new 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.

Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Assistance Fund is created as a nonappropriated State trust fund within the State treasury. Provides that all gifts, donations, and charitable contributions that are contributed by any public or private individual or entity to the Illinois Law Enforcement Training Standards Board for the purpose of supporting local law enforcement training shall be deposited into this Fund. Amends the Law Enforcement Intern Training Act. Creates the Correctional Officer Intern Program. To be eligible to participate, the person must meet the minimum criteria established by the Illinois Law Enforcement Training Standards Board that includes, but is not limited to, physical fitness standards, educational standards, psychological standards, being at least 21 years of age, of good character, and not convicted of a felony offense or other crime involving moral turpitude under the laws of this State or any other State that, if convicted in this State, would be punishable as a felony or a crime of moral turpitude. Provides that the Board shall require correctional interns to undertake, at a minimum, the same training requirements as established for correctional officers. Provides that the Board certificate reserved for correctional officers shall not be awarded until the correctional intern is employed, has successfully completed the State certification exam, and meets the requirements. Makes other conforming changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 30 ILCS 105/5.891 new 50 ILCS 705/10.23 new Deletes language providing that the Law Enforcement Training Assistance Fund is created as a nonappropriated State trust fund within the State treasury. Deletes language providing that all gifts, donations, and charitable contributions that are contributed by any public or private individual or entity to the Illinois Law Enforcement Training Standards Board for the purpose of supporting local law enforcement training shall be deposited into this Fund.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services, subject to appropriations, to provide eligible youth an apprenticeship stipend to cover those costs associated with entering an apprenticeship, including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provide that the following youth shall be eligible for an apprenticeship stipend: youth for whom the Department has court-ordered legal responsibility; youth who aged out of care at age 18 or older; or youth formerly under care who have been adopted and were the subject of an adoption assistance agreement or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement. Limits the stipend to eligible youth who: (i) are enrolled in an approved apprenticeship training program; (ii) are not a recipient of any other scholarship or fee waiver provided by the Department; and (iii) are under the age of 26. Provides that apprenticeship stipends shall be available to an eligible youth for a maximum of 5 years after the youth enrolls in a qualifying apprenticeship program. Waives the age requirement and 5-year cap on the stipend for applicants who were unable to enroll in a qualifying apprenticeship program because the applicant: (i) was called into active duty with the United States Armed Forces; (ii) was deployed for service in the United States Public Health Service Commissioned Corps; or (iii) volunteered in the Peace Corps or the AmeriCorps. Requires the Department to develop outreach programs to ensure qualifying youths are aware of the availability of the apprenticeship stipends. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the Department of Children and Family Services shall provide eligible youth an apprenticeship stipend to cover those costs associated with entering and sustaining through completion an apprenticeship (rather than those costs associated with entering an apprenticeship), including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provides that certain youth may (rather than shall) be eligible for the apprenticeship stipend. Provides that, to receive a stipend, an applicant must be enrolled in an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or an apprenticeship program approved by the United States Department of Labor (rather than an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or a similar federal entity). House Floor Amendment No. 2 Provides that youth for whom the Department of Children and Family Services has court-ordered legal responsibility, youth who aged out of care at age 18 or older, and youth formerly under care who have been adopted or who have been placed in private guardianship shall receive a tuition and fee waiver to assist them in attending and completing their post-secondary education at any community college, university, or college maintained by the State of Illinois (rather than providing that such youth shall receive a tuition and fee waiver if they are not selected to receive a scholarship or fee waiver under a specified provision of the Children and Family Services Act).

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.

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 Property Tax Code. In a Section concerning the Senior Citizens Homestead Exemption, provides that in all counties (now, in counties with less than 3,000,000 inhabitants), the county board may by resolution provide that if a person has been granted a senior citizens homestead exemption, the person qualifying need not reapply for the exemption. Provides that the county recorder of deeds shall alert the assessor whenever the transfer of ownership of any property receiving a Senior Citizens Homestead Exemption has occurred. Provides that, if such a transfer occurs, the assessor shall remove the exemption and provide the new property owner with information concerning reapplication. Effective immediately. Senate Floor Amendment No. 1 Provides that the county assessor shall exchange information with the county recorder of deeds or the county clerk (in the introduced bill, the county recorder of deeds only) for the purpose of alerting the assessor whenever the transfer of ownership of any property receiving a Senior Citizens Homestead Exemption has occurred. Provides that changes in the introduced bill concerning reapplication for the Senior Citizens Homestead Exemption apply for taxable year 2019 and thereafter. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 200/15-170 Adds reference to: 35 ILCS 5/205 from Ch. 120, par. 2-205 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Makes changes concerning the calculation of base income for an organization that is exempt from the federal income tax by reason of the Internal Revenue Code. Effective immediately.