Rep. Will Davis

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).

Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2020. House Floor Amendment No. 4 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 2 and House Amendment No. 3 with the following changes. Removes language allowing specified individuals to consent to authorized electronic monitoring if the resident or the roommate has not affirmatively objected to the monitoring and his or her physician determines that he or she lacks the ability to understand and appreciate the nature and consequences of electronic monitoring. Provides that if a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for installing a secure, password-protected network. In provisions amending the Community-Integrated Living Arrangements Licensure and Certification Act and the Mental Health and Developmental Disabilities Code, provides that intentionally retaliating or discriminating against any recipient for consenting to authorized electronic monitoring, or preventing the installation or use of an electronic monitoring device by a recipient under the Act, is a business offense punishable by a fine not to exceed $1,000 (rather than $10,000).

Amends the Code of Civil Procedure. Provides that a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name is not required to provide notice by publication of the change of name. Makes conforming changes in the Illinois Marriage and Dissolution of Marriage Act and further provides that if a judgment contains a provision authorizing the person to resume the use of his or her former or maiden name, the person resuming the use of his or her former or maiden name is not required to file a petition for a change of name under the Code of Civil Procedure.

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 Film Production Services Tax Credit Act of 2008. Provides that Illinois labor expenditures include the first $200,000 of out-of-state wages paid or incurred by a production company or loan out corporation, subject to withholding payments, and all resident wages paid or incurred by the production company or loan out corporation. Provides that the credit applies on a permanent basis. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 35 ILCS 5/213 35 ILCS 16/10 Replaces everything after the enacting clause. Amends the Film Production Services Tax Credit Act of 2008. Provides that the credit applies on a permanent basis. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Film Production Services Tax Credit Act of 2008. Provides that a taxpayer may not take a credit awarded under that Act for tax years beginning on or after January 1, 2027. Effective immediately.

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

Amends the Nuclear Safety Law of 2004. Provides that subject to appropriation (currently, not subject to appropriation), the Illinois Emergency Management Agency shall study specified items in the formulation of State nuclear power policy. Repeals the Illinois Construction Evaluation Act. Amends the Illinois Criminal Justice Information Act. Repeals Sections concerning the Custodial Interview Pilot Program and grants for electronic recording equipment. Amends the School Code. Repeals a Section concerning full year feasibility study, grants, and transitional expenditure reimbursements. Amends the Board of Higher Education Act. Repeals a Section concerning the graduation incentive grant program. Makes conforming changes. Effective immediately.

Amends the Illinois False Claims Act. Creates the State Whistleblower Reward and Protection Fund as a fund to be held outside of the State Treasury with the State Treasurer as custodian. Creates the Attorney General Whistleblower Reward and Protection Fund and the State Police Whistleblower Reward and Protection Fund as special funds in the State Treasury. Provides for the allocation of specified amounts, regardless of appropriation, from the State Whistleblower Reward and Protection Fund into the Attorney General Whistleblower Reward and Protection Fund and the State Police Whistleblower Reward and Protection Fund. Amends the State Finance Act to provide for the Attorney General Whistleblower Reward and Protection Fund and the State Police Whistleblower Reward and Protection Fund. Repeals the Whistleblower Reward and Protection Fund as a special fund in the State Treasury. Amends the Public Corruption Profit Forfeiture Act to make conforming changes. Effective immediately.

Amends the Unified Code of Corrections. Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment, occupational licensing, or housing bar (rather than just an employment bar). House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that a certificate of good conduct does not limit any employer, landlord, judicial proceeding, administrative, licensing, or other body, board, or authority from accessing criminal background information; nor does it hide, alter, or expunge the record. Provides that the existence of a certificate of good conduct does not preclude a landlord or an administrative, licensing, or other body, board, or authority from retaining full discretion to grant or deny the application for housing or licensure.

Amends the School Code. With regard to special education joint agreements, provides that under no circumstances may a petition for withdrawal from a joint agreement be presented to other member districts less than 18 months from the date of the proposed withdrawal. Provides that if a petition for withdrawal is not approved by the other member districts, any petitioning member district (rather than only a petitioning member district that is part of a Class II county school unit outside of a city of 500,000 or more inhabitants) may appeal the disapproval. Provides that the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future; specifies requirements for the withdrawing district prior to the hearing. Provides that each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in specified special education rules of the State Board of Education and all relevant portions of the federal Individuals with Disabilities Education Act. Provides that the withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. Effective immediately. Senate Floor Amendment No. 1 Provides that under no circumstances may a petition to withdraw from a joint agreement be presented to other member districts less than 12 (rather than 18) months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Provides that upon approval by school board written resolution of all remaining member districts, the petitioning member district must submit its comprehensive plan to the State Board for review. Removes a provision providing that the petitioning member district shall be withdrawn from the joint agreement effective the following July 1. Provides that, in the event of a hearing conducted by a hearing panel, the withdrawing district must, prior to the hearing and among other requirements, hold a public hearing to allow for the opportunity to review (rather than hear) the plan for educating students after the withdrawal and prepare and provide a comprehensive plan (rather than prepare evidence that it has all of the components of a comprehensive plan).