Rep. Marcus Evans

Creates the Kratom Consumer Protection Act. Establishes safety requirements for the preparation, distribution, sale, and exposure for sale of Kratom products and extracts. Prohibits the preparation, distribution, sale, and exposure for sale of adulterated Kratom products and extracts. Provides that a processor of Kratom products that violates the Act is subject to an administrative penalty of not more than $5,000 for the first offense and not more than $10,000 for the second or subsequent offense. Provides that the penalty shall be collected by the Department of Public Health and paid into the Food and Drug Safety Fund. Upon the request of a person to whom an administrative penalty is issued, the Director of Public Health shall conduct a hearing in accordance with the Illinois Administrative Procedure Act. Provides that a processor shall not distribute, sell, or expose for sale a Kratom product to a person under 18 years of age. Provides that a person who violates the age restrictions shall be punished as provided in the Kratom Control Act. Provides that a retailer does not violate the Act if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a Kratom product.

Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning the short title.

Amends the School Code. Provides that a school district shall employ a ratio of no less than one counselor to 150 students (rather than allowing a school district to employ a ratio of no less than one counselor to 250 students).

Amends the Criminal Code of 2012. Provides that a person is not accountable for the conduct of another if he or she was subjected to specific and credible coercion, compulsion, duress, or threats. Provides that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, changes the allegations a movant must establish when presenting a meritorious claim to: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was related to experiencing or the effects of gender-based violence; and (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing. Changes the term "domestic violence" to "gender-based violence". Removes the definition of "intimate partner". Makes corresponding changes. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Criminal Code of 2012, removes language providing that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. In the Code of Civil Procedure, restores language providing that a movant may present a meritorious claim if the allegations in the petition establish that the evidence of domestic violence or gender-based violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court. Restores the term "domestic violence". Defines "gender-based" violence. Restores the definition of "intimate partner". Makes other changes.

Amends the Workers' Compensation Act. Replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides that the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission. Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4a-2 from Ch. 48, par. 138.4a-2 820 ILCS 305/4a-4 from Ch. 48, par. 138.4a-4 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 820 ILCS 305/4a-6.1 from Ch. 48, par. 138.4a-6.1 820 ILCS 305/4a-7 from Ch. 48, par. 138.4a-7 820 ILCS 305/13 from Ch. 48, par. 138.13 820 ILCS 305/14 from Ch. 48, par. 138.14 Adds reference to: 820 ILCS 115/13.5 new Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney's fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. Senate Floor Amendment No. 2 Makes various changes to the bill, as amended by Senate Amendment No. 1, with respect to terminology, the definition of "private work", a primary contractor's liability, and claims brought pursuant to the new provisions. Defines "construction" as building, altering, repairing, improving, or demolishing any structure or building, or making improvements of any kind to real property.

Amends the Crematory Regulation Act. Provides that "cremation" includes natural organic reduction. Defines "natural organic reduction". Effective immediately.

Amends the Public Community College Act. Provides for the election (rather than appointment) of the board of trustees of the City Colleges of Chicago beginning with the 2023 consolidated election. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Makes related changes. Effective immediately.

Congratulates Terry Cosgrove on his retirement from serving as the president and CEO of Personal PAC. Further commends him for his years of dedicated service.

Amends the Employee Sick Leave Act. Removes language exempting from coverage under the Act an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act.

Amends the Charter Schools Law of the School Code. Provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal. Defines "union neutrality clause". Effective immediately.