Rep. Bob Rita

Amends the Regulatory Sunset Act. Extends the repeal date of the Real Estate License Act of 2000 from January 1, 2020 to January 1, 2030. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Adds reference to: 225 ILCS 454/1-5 225 ILCS 454/1-10 225 ILCS 454/5-5 225 ILCS 454/5-6 225 ILCS 454/5-7 225 ILCS 454/5-10 225 ILCS 454/5-15 225 ILCS 454/5-20 225 ILCS 454/5-25 225 ILCS 454/5-27 225 ILCS 454/5-28 225 ILCS 454/5-29 new 225 ILCS 454/5-35 225 ILCS 454/5-40 225 ILCS 454/5-41 225 ILCS 454/5-45 225 ILCS 454/5-50 225 ILCS 454/5-60 225 ILCS 454/5-70 225 ILCS 454/5-75 225 ILCS 454/10-5 225 ILCS 454/10-10 225 ILCS 454/10-15 225 ILCS 454/10-20 225 ILCS 454/10-30 225 ILCS 454/10-35 225 ILCS 454/10-50 new 225 ILCS 454/10-55 new 225 ILCS 454/15-5 225 ILCS 454/15-10 225 ILCS 454/15-15 225 ILCS 454/15-25 225 ILCS 454/15-35 225 ILCS 454/15-45 225 ILCS 454/15-50 225 ILCS 454/15-65 225 ILCS 454/15-75 225 ILCS 454/20-5 225 ILCS 454/20-10 225 ILCS 454/20-15 225 ILCS 454/20-20 225 ILCS 454/20-20.1 new 225 ILCS 454/20-21 225 ILCS 454/20-22 225 ILCS 454/20-25 225 ILCS 454/20-60 225 ILCS 454/20-64 225 ILCS 454/20-65 225 ILCS 454/20-66 225 ILCS 454/20-72 225 ILCS 454/20-75 225 ILCS 454/20-85 225 ILCS 454/20-90 225 ILCS 454/25-15 225 ILCS 454/25-21 225 ILCS 454/25-25 225 ILCS 454/30-5 225 ILCS 454/30-15 225 ILCS 454/30-25 225 ILCS 454/20-68 rep. 225 ILCS 454/25-14 rep. 225 ILCS 454/25-37 rep. Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Real Estate Brokerage Act from January 1, 2020 to January 1, 2030. Amends the Real Estate License Act of 2000. Adds provisions concerning the temporary practice as a designated managing broker. Makes changes in provisions concerning legislative intent; definitions; applications for managing broker, broker, and leasing agent licenses; requirements for licensure; exemptions from licensure; consideration of prior revocations, conduct, and convictions; examinations; sponsorships; contact information; offices; expiration and renewal of licenses; continuing education requirements; payment of compensation; advertising; agency relationships; recovery from the Real Estate Recovery Fund; and licensing of education provider instructors. Changes references to "leasing agents" to "residential leasing agents" throughout the Act. Provides that, if the party applying for judicial review is not a resident of the State of Illinois, the venue shall be Cook County (rather than Sangamon County). Repeals provisions concerning the Real Estate Audit Fund; surrender of licenses upon revocation or suspension; and advisory letters. Makes other changes. Effective immediately.

Amends the Criminal Code of 2012. Provides that it is an aggravating factor in sentencing for first degree murder that the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that assault and battery committed in a church, synagogue, mosque, or other building, structure, or place used for religious worship are enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault under this provision is a Class A misdemeanor. Provides that aggravated battery under this provision is a Class 1 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly carries or possesses with intent to use the same unlawfully against another, any firearm, knife, or other dangerous weapon, in any school church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a violation is a Class 2 felony. Makes technical changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, except: (1) provides that aggravated battery committed by knowingly causing great bodily harm or permanent disability or disfigurement is a Class 2 felony (rather than a Class 1 felony in the engrossed bill) when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; and (2) provides that the offense of unlawful use of weapons also includes carrying or possessing with intent to use the same unlawfully against another, any firearm (rather than any firearm, knife, or other dangerous weapon in the engrossed bill) in a church, synagogue, mosque, or other building, structure, or place used for religious worship (deletes school).

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 Animal Welfare Act. Provides that a kennel operator shall install in the kennel a fire alarm monitoring system that triggers notification to local emergency responders when activated. Provides that the Department of Agriculture shall deny the initial licensure or license renewal of a kennel operator for the failure to comply with this provision. House Committee Amendment No. 1 Deletes reference to: 225 ILCS 605/3.9 new Adds reference to: 225 ILCS 605/18.2 new Replaces everything after the enacting clause. Amends the Animal Welfare Act. Provides that a kennel operator that maintains dogs and cats for boarding that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Provides that an applicable federal, State, or local law, rule, or building code requiring the installation or maintenance of fire alarm monitoring systems in a manner different from, but providing a level of safety for occupants that is equal to or greater than that provided by the amendatory Act, shall be deemed to comply with the amendatory Act and the requirements of the more stringent law shall govern. Provides that the State Fire Marshal shall inspect, or shall direct a local fire marshal to inspect, a kennel operator that maintains dogs and cats for boarding when a resident makes a credible complaint alleging that the kennel operator is not in compliance with the amendatory Act. Provides that local fire inspectors shall determine whether a kennel operator is in compliance with the amendatory Act during the course of routine building and fire inspections of the kennel operator. Provides that local fire officials and the State Fire Marshal shall immediately notify the Department of Agriculture upon discovery that a kennel operator is not in compliance with the amendatory Act. Provides that the Department shall deny issuing a license under the Act to a kennel operator that is not in compliance with the amendatory Act. Provides that a kennel operator that is already licensed under the Act and found by the Department not to be in compliance with amendatory Act shall be liable for $500 for the first violation, $1,500 for the second violation, and $2,500 and the loss of the license for the third violation. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 1 with the following changes: Provides that a kennel operator that maintains dogs or cats for boarding and that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Requires the kennel operator to certify in its license application and annually certify in its license renewal that either: (1) its facility has a fire alarm system or a fire sprinkler system, and shall include with the application or license renewal an attached description and picture of the make and model of the system used; or (2) the kennel is staffed at all times dogs or cats are on the premises, and shall include with the application or license renewal an attached staffing plan. Requires the Department of Agriculture to include the certification on each application for license or license renewal. Provides that a qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine fire inspections. Allows the inspector to inform the Department if, during a routine inspection, the fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system. Provides that, for the purposes of the amendatory Act's provisions, veterinary hospitals, practices, or offices are not kennel operators. Effective January 1, 2020.

Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020. House Committee Amendment No. 1 In provisions amending the Illinois Insurance Code, provides that it is unlawful to refuse to insure, to refuse to continue to insure, to limit the amount, extent, or kind of coverage available for life insurance, disability insurance, or long-term care insurance to an individual, or to charge an individual a different rate for the same coverage, solely because of the individual's status as a living organ donor (rather than providing specific prohibitions on denial of coverage and cost of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies). Provides that with respect to all other conditions, as persons who are living organ donors shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who are not organ donors. House Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 Adds reference to: 755 ILCS 50/5-47 Replaces everything after the enacting clause. Reinserts the introduced bill, as amended by House Amendment 1, with the following changes: Removes provisions amending the Illinois Vehicle Code. Amends the Illinois Anatomical Gift Act. Requires the Secretary of State to create a database consisting of all individuals who have consented to having their names included in the First Person Consent organ and tissue donor registry who have consented to having their names included in the First Person Consent organ and tissue donor registry. Provides what shall be included in the database and requires the Secretary of State to update the database not less than every 7 days. Allows an organ procurement organization that has executed a data access agreement with the Secretary of State to have online access to the database to determine whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry. Requires the organ procurement organization to indemnify and hold harmless the State, its officials, and employees for certain costs arising out of the organ procurement organization's use of the database. Effective January 1, 2020.

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to adopt rules to expand the usage of federally allowable set-aside programs within the Water Revolving Fund, including, but not limited to, programs that provide financial assistance to utilities exploring consolidation or other collaborative approaches with separate utilities for the purpose of improving efficiency, sustainable water management, and equitable water rates. Effective immediately House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that, beginning on the effective date of the amendatory Act, and running for a period of 5 years after that date, the Environmental Protection Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. Provides that the prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. Provides specified methods of support.

Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.

Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weed Act, on protected land, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages. Limits the relief available under the Act. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to establish a Restaurant Meals Program to permit individuals who are elderly, persons with a disability, and homeless individuals to redeem their Supplemental Nutrition Assistance Program benefits at private establishments that contract with the Department to offer meals for eligible SNAP recipients at concessional prices. Requires the Restaurant Meals Program to be operational no later than January 1, 2020. Requires the Department to adopt rules. Effective immediately.