Rep. Marcus Evans

Amends the Unified Code of Corrections. Removes sunset date of December 31, 2020 for the provision creating the Illinois Sentencing Policy Advisory Council. Adds the Cook County Sheriff, or his or her designee as an ex-officio member of the Council. Provides that the Council shall determine the qualifications for and hire the Executive Director. Effective immediately.

Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Services shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 301/25-13 new Adds reference to: 720 ILCS 635/1 from Ch. 38, par. 22-50 720 ILCS 635/2 from Ch. 38, par. 22-51 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Renames the Needle and Hypodermic Syringe Access Program Act the Overdose Prevention and Harm Reduction Act. Provides that the Department of Human Services' report on drug overdose trends statewide shall provide information on the current substance use disorder treatment capacity within the State. Requires the report to include an inventory of the State's substance use disorder treatment capacity. Provides that the Department may support specified drug overdose projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal. Provides specified elements the Department may promote in supporting best practices in drug overdose prevention programming. Deletes provisions requiring the Department to give preference for grants to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access substance use disorder treatment or other strategies for abstaining from illegal drugs. Removes provisions requiring the Department to contract with a third party research organization to conduct a needs assessment of the Illinois substance use disorder treatment system. Makes other changes. Amends the Hypodermic Syringes and Needles Act. Provides that the Act shall not prohibit the sale, possession, or use of hypodermic syringes or hypodermic needles by a staff person, volunteer, or participant in a needle or hypodermic syringe access program. Effective immediately.

Amends the Personal Information Protection Act. Provides that a data collector required to report breaches to more than 100 Illinois residents as a result of a single breach must also report to the Attorney General. Provides that the Attorney General shall report to the General Assembly specified information concerning breaches of data security by February 1 of each year. Senate Floor Amendment No. 1 Deletes reference to: 815 ILCS 530/55 new Provides that a data collector required to report breaches to more than 500 (rather than 100) Illinois residents must provide notice to the Attorney General in the most expedient time possible but in no event later than when notice is provided to the consumer (rather than within 14 days). Provides that the Attorney General may publish information concerning the breach. Deletes a proposed requirement that the Attorney General report to the General Assembly regarding breaches.

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the introduced bill with the following changes: defines the terms "casino employer" and "hotel employer"; provides for the utilization of a safety device rather than a panic button; requires time off to be granted to file criminal complaints rather than sign police complaints; removes requirement that anti-harassment policies be posted in Polish; limits economic damage awards to $350 per incident; deletes the home rule preemption; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020. Senate Floor Amendment No. 2 Adds a definition. Defines the term "sexual assault" to mean: (1) an act of sexual conduct, as defined in Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. House Floor Amendment No. 1 Adds reference to: New Act 5 ILCS 140/7.5 20 ILCS 2105/2105-15 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/2-109 new 775 ILCS 5/2-110 new 775 ILCS 5/7-109.1 from Ch. 68, par. 7-109.1 775 ILCS 5/7A-102 from Ch. 68, par. 7A-102 775 ILCS 5/8-109 from Ch. 68, par. 8-109 775 ILCS 5/8-109.1 new 820 ILCS 180/5 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 5 ILCS 420/4A-101.5 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106 5 ILCS 420/4A-106.5 new 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 430/5-10.5 5 ILCS 430/20-5 5 ILCS 430/20-10 5 ILCS 430/20-50 5 ILCS 430/20-63 new 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-50 5 ILCS 430/25-63 new 5 ILCS 430/70-5 25 ILCS 170/4.7 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Creates the Workplace Transparency Act. Limits the terms of employment agreements that restrict specified employee rights with respect to allegations of unlawful conduct. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Division of Professional Regulation of the Department of Financial and Professional Regulation must exchange information with the Department of Human Rights regarding recommendations received regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Division of Professional Regulation. Amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; employer disclosure requirements, and bar and restaurant sexual harassment policies and prevention training. Makes a corresponding change in the Freedom of Information Act. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. Amends the Victims' Economic Security and Safety Act. Defines "gender violence" and makes the Act applicable in instances of gender violence. Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act to require annual participation in harassment and discrimination prevention training. Further amends the State Officials and Employees Ethics Act. Makes changes concerning: rights of persons subjected to discrimination, harassment, or sexual harassment; jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General, and the Legislative Ethics Commission; complaint process, reporting, and independent review of allegations of sexual harassment made against an elected official; and other matters. Contains severability language. Effective January 1, 2020, except (i) the Hotel and Casino Employee Safety Act takes effect July 1, 2020; and (ii) the changes to the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, and the Lobbyist Registration Act take effect immediately.

Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Creates a tax increment allocation financing extension for an ordinance adopted on July 3, 1996 by the Village of Phoenix. Effective immediately. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Creates tax increment allocation financing extensions for ordinances adopted: (i) on May 19, 1997 by the Village of Swansea; (ii) on August 13, 2001 by the Village of Saunemin; (iii) on January 10, 2005 by the Village of Romeoville; (iv) on January 28, 1997 by the City of Berwyn for the South Berwyn Corridor Tax Increment Financing District and for the Roosevelt Road Tax Increment Financing District; and (v) on May 3, 2001 by the Village of Hanover Park for the Village Center Tax Increment Financing Redevelopment Project Area (TIF # 3). Effective immediately.

Amends the School Code. Provides that every public elementary school shall include in its 6th, 7th, or 8th grade curriculum, beginning with the 2019-2020 school year, at least one semester of civics education; specifies course content requirements and requires the education to be in accordance with Illinois Learning Standards for social science. Allows school districts to consult with civics education stakeholders, as deemed appropriate by the State Board of Education. Allows school districts to utilize private funding available for the purposes of offering civics education. Effective July 1, 2019. House Committee Amendment No. 1 Provides that, beginning with the 2020-2021 school year (rather than the 2019-2020 school year), every public elementary school shall include in its 6th, 7th, or 8th grade curriculum at least one semester of civics education. Changes the effective date of the Act to July 1, 2020 (rather than July 1, 2019).

Creates the Limited Cooperative Association Act. Authorizes the organization of a limited cooperative association, as an entity distinct from its members, for any lawful purpose, whether or not for profit. Provides that a limited cooperative association may be a collective worker cooperative in which there is only one class of members consisting of worker-members who manage all of the affairs of the limited cooperative association or a worker cooperative or employment cooperative that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the limited cooperative association. Contains provisions regarding: findings; formation; articles of organization; organization; bylaws; members; community investors; voting; a board of directors; an assembly; dissolution; conversion; and applicability of securities laws. Amends the Co-operative Act and the Illinois Securities Law of 1953 to make conforming changes. Effective immediately. House Committee Amendment No. 1 Changes the short title of the new Act to the Limited Worker Cooperative Association Act. Authorizes the establishment of limited worker cooperative associations rather than limited cooperative associations. Eliminates patron members as a form of membership. Provides for multi-stakeholder cooperatives. Changes the effective date to January 1, 2020.

Amends the Residential Mortgage License Act of 1987. Makes a technical change in the Section concerning the short title of the Act. Senate Floor Amendment No. 2 Deletes reference to: 205 ILCS 635/1-1 Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Structural Engineering Practice Act of 1989 from January 1, 2020 to January 1, 2030. Effective immediately. House Committee Amendment No. 1 Adds reference to: 225 ILCS 340/1 from Ch. 111, par. 6601 225 ILCS 340/3 from Ch. 111, par. 6603 225 ILCS 340/4 from Ch. 111, par. 6604 225 ILCS 340/4.10 new 225 ILCS 340/5 from Ch. 111, par. 6605 225 ILCS 340/5.5 new 225 ILCS 340/6 from Ch. 111, par. 6606 225 ILCS 340/7 from Ch. 111, par. 6607 225 ILCS 340/8 from Ch. 111, par. 6608 225 ILCS 340/9 from Ch. 111, par. 6609 225 ILCS 340/10 from Ch. 111, par. 6610 225 ILCS 340/11 from Ch. 111, par. 6611 225 ILCS 340/12 from Ch. 111, par. 6612 225 ILCS 340/12.5 new 225 ILCS 340/14 from Ch. 111, par. 6614 225 ILCS 340/14.5 225 ILCS 340/15 from Ch. 111, par. 6615 225 ILCS 340/15.5 new 225 ILCS 340/16 from Ch. 111, par. 6616 225 ILCS 340/17 from Ch. 111, par. 6617 225 ILCS 340/17.5 new 225 ILCS 340/19 from Ch. 111, par. 6619 225 ILCS 340/20 from Ch. 111, par. 6620 225 ILCS 340/20.5 225 ILCS 340/21 from Ch. 111, par. 6621 225 ILCS 340/22 from Ch. 111, par. 6622 225 ILCS 340/23 from Ch. 111, par. 6623 225 ILCS 340/24 from Ch. 111, par. 6624 225 ILCS 340/25 from Ch. 111, par. 6625 225 ILCS 340/26 from Ch. 111, par. 6626 225 ILCS 340/27 from Ch. 111, par. 6627 225 ILCS 340/28 from Ch. 111, par. 6628 225 ILCS 340/29 from Ch. 111, par. 6629 225 ILCS 340/30 from Ch. 111, par. 6630 225 ILCS 340/31 from Ch. 111, par. 6631 225 ILCS 340/32 from Ch. 111, par. 6632 225 ILCS 340/32.5 new 225 ILCS 340/35 from Ch. 111, par. 6635 225 ILCS 340/36 from Ch. 111, par. 6636 225 ILCS 340/4.5 rep. 225 ILCS 340/18 rep. 225 ILCS 340/33 rep. 225 ILCS 340/34 rep. Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Structural Engineering Practice Act of 1989 from January 1, 2020 to January 1, 2030. Amends the Structural Engineering Practice Act of 1989. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Add provisions concerning technical submissions; display of license; the title "Structural Engineer, Retired"; returned checks and fines; and confidentiality. Makes changes in provisions concerning powers and duties of the Department; the Structural Engineering Board; application for licensure; examination; seals; renewal, reinstatement, or restoration of license; inactive status; endorsement; professional design firm registration; grounds for disciplinary action; unlicensed practice; injunction and cease and desist orders; investigations; record of proceedings; hearings; hearing officers; restoration from disciplinary status; and administrative review. Repeals provisions concerning references to the Department or Director of Professional Regulation; rosters; certification of record; and penalties. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 225 ILCS 340/18 rep. Adds reference to: 225 ILCS 340/18 from Ch. 111, par. 6618 Replaces everything after the enacting clause with the provisions of House Amendment No. 1, and makes the following changes: Deletes language providing that a person shall also be regarded as practicing structural engineering who is engaged as a principal in the design, analysis, or supervision of the construction of structures or of the structural part of edifices designed solely for specified purposes. Provides that nothing imposes on a person licensed under the Act the responsibility for the performance of any acts or practice unless the person specifically contracts to provide it. Provides that nothing precludes an employee from acting under the direct supervision or responsible charge of a licensed structural engineer. Expands the powers and duties of the Department of Financial and Professional Regulation and the Structural Engineering Board. Provides that if technical submissions are prepared utilizing a computer or other electronic means, the seal may be generated by a computer. Provides that the licensee may provide an original signature in the licensee's handwriting, a scanned copy of the technical submission bearing an original signature, or a signature generated by a computer. Deletes language providing that an applicant applying for licensure as a structural engineer who has been licensed as a structural engineer in another United States jurisdiction for 10 consecutive years without discipline is not required to submit proof of qualifications other than a certified verification of licensure from the jurisdiction in which the applicant practiced. Deletes language providing that the Department may take disciplinary action for directly or indirectly giving to or receiving from any person or entity any fee, commission, rebate, or other form of compensation for any professional service not actually or personally rendered. Provides that the Department may take disciplinary action for making a statement that technical submissions prepared by the structural engineer or prepared under the structural engineer's responsible control for construction or alteration of an occupancy required to be in compliance with the Environmental Barriers Act are in compliance with the Environmental Barriers Act when such technical submissions are not in compliance (rather than that a plan for construction or alteration of a public facility or for construction of a multi-story housing unit is in compliance with the Environmental Barriers Act when such plan is not in compliance). Makes changes to provisions concerning discipline of a licensee or registrant for failing to file a return or to pay any tax, penalty, or interest as required by any tax Act. Provides that use of the title "structural engineer" or any of its derivations is limited to those persons or entities licensed or registered under the Act. Restores language providing that if the Secretary of the Department disagrees with the report of the Board or hearing officer, he or she may issue an order in contravention thereof, and that the Secretary may (rather than shall) notify the Board of any such deviation. Makes other changes. Effective immediately. House Floor Amendment No. 3 Specifies that all meetings of the Structural Engineering Board shall be conducted in accordance with the Open Meetings Act. Removes language allowing the Structural Engineering Board to recommend employment or utilization of and the Department of Financial and Professional Regulation to employ or utilize legal services of outside counsel and investigative services of outside personnel. Provides that if any person practices as a licensed structural engineer or holds himself out as a structural engineer without being licensed under the provisions of the Act, then any licensed structural engineer, any interested party or any person injured thereby may file a complaint with the Department.

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 Illinois Public Labor Relations Act. Makes a technical change in a Section concerning the short title. House Committee Amendment No. 1 Deletes reference to: 5 ILCS 315/1 Adds reference to: 20 ILCS 2905/3 from Ch. 127 1/2, par. 3 Replaces everything after the enacting clause. Amends the State Fire Marshal Act. Provides that one person who is a representative of a registered United States Department of Labor apprenticeship program primarily instructing in the installation and repair of fire extinguishing systems shall be appointed by the Governor to serve on the Illinois Fire Advisory Commission. Effective immediately. Senate Floor Amendment No. 1 Provides that the Commission shall include one licensed operating or stationary engineer who has an associate degree in facilities engineering technology and has knowledge of the operation and maintenance of fire alarm and fire extinguishing systems primarily for the life safety of occupants in a variety of commercial or residential structures.