Rep. Will Davis

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.

Amends the Illinois Food, Drug and Cosmetic Act. Provides that provisions prohibiting the offer for sale of any bulk food in a manner other than to prevent direct handling of such items by the consumer shall not prohibit self-service by consumers provided that take-home containers, including bags, cups, and lids, provided for consumer use are stored and dispensed in a sanitary manner. Provides that a retailer may allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Provides that county health departments and municipalities shall not prohibit the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that take-home containers provided for consumer use must be cleaned, stored, and dispensed (rather than stored and dispensed) in a sanitary manner. Provides that personal containers filled or refilled by customers with bulk food shall be clean and sanitary. In a provision that prohibits a county health department or municipality from prohibiting the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food, adds an exception if the prohibition is provided for in a specified provision of the Illinois Administrative Code and adds a requirement that the personal containers must be clean and sanitary.

Amends the Illinois Credit Union Act. Provides that if the Act requires information to be written or delivered in writing, an electronic record or delivery satisfies the rule of law. Provides that if the Act requires a policy, record, notice, or other document or information to be mailed or otherwise furnished or disclosed by a credit union, electronic distribution or delivery satisfies the rule of law. Provides that a policy adopted by the board may delegate expulsion authority to senior management officials of the credit union. Provides that a member expelled by a senior management official may seek reinstatement by appealing the action within 30 days of expulsion to the board of directors, and that the board may affirm, disaffirm, or modify the action, and the board's decision is final. Provides that a credit union may invest in securities, obligations, or other instruments of or issued by entities properly registered with or licensed by the Department of Financial and Professional Regulation. Increases a credit union's aggregate loan amount and the total amount of funds not used in loans to members that may be invested in shares and stocks of Credit Union Service Organizations to 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union. Modifies a credit union's investment limit in shares or stocks of Credit Union Service Organizations to not exceed 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 305/44 Adds reference to: 205 ILCS 305/44.1 new Replaces provisions regarding the reporting and turnover provisions of the Revised Uniform Unclaimed Property Act relating to credit unions with a provision allowing a credit union to deduct a dormancy charge or escheat fee from property delivered to the administrator under the Revised Uniform Unclaimed Property Act. Senate Floor Amendment No. 2 Requires that credit unions annually disclose director remuneration to the membership. Provides that the disclosure shall contain: (i) the amount paid to each director and (ii) the amount paid to the directors as a group. Deletes language authorizing credit unions to invest in securities of entities licensed by the Department of Financial and Professional Regulation, including entities licensed under the Residential Mortgage License Act of 1987, the Consumer Installment Loan Act, and the Sales Finance Agency Act. Corrects a typographical error. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 305/51 from Ch. 17, par. 4452 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Provides that the Department of Financial and Professional Regulation shall, by rule, establish maximum rates of reasonable compensation for directors and committee members that are generally applicable to credit unions considering factors the Department may establish from time to time, including, but not limited to, total assets, nonprofit cooperative structure, and the best interests of members. Deletes language providing that with approval of the board of directors, a credit union may make loans to credit union organizations if the aggregate amount of all such loans outstanding does not exceed the greater of 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Deletes language providing that funds not used in loans to members may be invested in shares or stocks of credit union service organizations in the total amount not exceeding the greater of 10% (instead of 3%) of the unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.

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.

Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. Provides that the person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity to give consent to sexual activity and (2) for developmentally appropriate sex education materials and resources. Provides that as part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. Provides that the person's decision making capacity to consent to sexual activity and the developmentally appropriate sex education materials and resources shall be determined by the treatment team that includes the individual, professionals who have knowledge of the individual, and the individual's guardian, if appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by the Probate Act of 1975. Provides that the Department of Human Services shall approve course material in sex education. Establishes standards for the course materials and instruction. Defines "healthy sexual practices". Fiscal Note (Dept. of Human Services) Minimal fiscal impact exists for the Department of Human Services. These services are already within the scope of services provided at the developmental disability facilities. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State Mandate.

Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, for complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the creation of the State Board of Education's compensatory education plan and notification of that plan to parents and guardians of impacted children to file a complaint if the complainant has not obtained relief through (i) the compensatory education plan, (ii) a due process claim, or (iii) mediation. Provides that the State Board's notification of its compensatory education plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection. Effective July 1, 2019. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/14-8.02e Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a complainant has no less than 2 years following the finalization (rather than creation) of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report (rather than compensatory education plan) and notification of that plan to parents and guardians of potentially impacted (rather than only impacted) children to file a complaint concerning delays and denials of special education services; makes conforming changes. Removes provisions requiring certain conditions for a parent or guardian to file a complaint. Requires a respondent to include corrective action compliance documentation with all other documentation provided to a complainant. Effective July 1, 2019. Senate Floor Amendment No. 1 Requires a complaint made under the State complaint procedures alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by the Chicago school district as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful to be filed on or before September 30, 2021 (rather than, for complaints made under procedures authorized for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint). Provides that, with respect to a student enrolled in the Chicago school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under the School Code, State-sponsored mediation, or an impartial due process hearing under the Code. Specifies what the notification must include. Changes the effective date to immediate (rather than July 1, 2019).