Rep. Will Guzzardi

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.

Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that in case any officer whose signature appears upon any check or draft, issued pursuant to the Article, ceases to hold office, the signature nevertheless shall be valid and sufficient for all purposes. Removes language concerning checks or drafts signed by an officer who ceases to hold office before the delivery of the check to the payee. Provides that if the Fund mistakenly sets any benefit at an incorrect amount, the Fund shall recalculate the benefit as soon as may be practicable after the mistake is discovered. Provides that if the benefit was mistakenly set too low, the Fund shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid, plus interest at the rate of 3% from the date the unpaid amounts accrued to the date of payment. Provides that if the benefit was mistakenly set too high, the Fund may recover the amount overpaid from the recipient plus interest at 3% from the date of overpayment to the date of recovery. Contains provisions concerning repayment of the overpaid amount. Provides that if (1) the amount of the benefit was mistakenly set too high, (2) the error was undiscovered for 3 years or longer from the date of the first mistaken benefit payment, and (3) the error was not the result of incorrect information supplied by the affected member, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit shall not be required to repay to the Fund the excess amounts received in error. Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 40 ILCS 5/17-140 40 ILCS 5/17-151.1 Adds reference to: 40 ILCS 5/3-110.11a new 40 ILCS 5/8-151 from Ch. 108 1/2, par. 8-151 30 ILCS 805/8.45 new Replaces everything after the enacting clause. Amends the Illinois Pension Code. In the Downstate Police Article, allows an officer under that Article to establish optional credit for up to 5 years of service as a participant under the Chicago Police Article if the officer (i) was certified under the law governing the certification of police officers at the time the service was rendered, (ii) applies in writing on or before December 31, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes 10 years of contributing service under the Downstate Police Article, and (v) makes specified contributions to the fund. In the Chicago Municipal Article, provides that unless the performance of an act or acts of duty results solely in the death of the employee, a compensation annuity or supplemental annuity shall not be paid. Provides that the death of any employee as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the employee shall be rebuttably presumed to have been fatally injured while in active service. Provides that the presumption shall apply to any employee who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021. Provides that the presumption shall not apply if the employee was on a leave of absence from his or her employment or otherwise not required to report for duty at the physical work space generally assigned to the employee, including, but not limited to, working remotely, for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 40 ILCS 5/8-165 from Ch. 108 1/2, par. 8-165 Further amends the Chicago Municipal Article of the Illinois Pension Code. Provides that for school years beginning on or after July 1, 2021, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a Special Education Classroom Assistant or Classroom Assistant on a temporary and non-annual basis or on an hourly basis if the employee: does not work for compensation on more than 120 days in a school year; or does not accept gross compensation for the re-employment in a school year in excess of $30,000.

Amends the School Code. Provides that all public schools shall provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through grade 8. Specifies further requirements concerning play time. Provides that play time shall not count as a course of physical education. Provides that play time shall be considered clock hours for purposes of the Code. Provides for the inclusion of students with disabilities in play time. Provides that public schools shall prohibit the withholding of play time as a disciplinary or punitive action, except when a student's participation in play time poses an immediate threat to the safety of the student or others. Effective July 1, 2021. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill, and makes the following changes. Provides that play time shall be for all students in kindergarten through grade 5 (rather than for all students in kindergarten through grade 8). Requires play time to be for at least 30 minutes (rather than 60 minutes) on any school day that is 5 clock hours or longer in length. Provides that, for any school day less than 5 clock hours, play time shall be at least one-tenth (rather than one-fifth) of a day of attendance. Removes the requirement that, to the extent appropriate, students with disabilities shall participate in play with students who do not have a disability; provides instead that play time must comply with a student's applicable individualized education program (IEP) or federal Section 504 plan. Effective July 1, 2021. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts.

Amends the School Code. Provides that a school district shall make menstrual (rather than feminine) hygiene products available, at no cost to students, in each bathroom of every school building (rather than in bathrooms of school buildings). Effective immediately. House Floor Amendment No. 2 Provides that menstrual hygiene products shall be made available in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day (rather than in each bathroom of every school building). Fiscal Note, House Floor Amendment No. 2 (IL State Board of Education) HB 156 (H-AM 2) will not have a fiscal impact to the State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends various Acts relating to the governance of public schools, public universities, and public community colleges in Illinois. Provides that an employee of a school district, public university, or community college district who has been employed for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.

Amends the State Commemorative Dates Act. Provides that Juneteenth National Freedom Day shall be observed on June 19 of each year as a holiday throughout the State (currently, not a holiday and is observed on the third Saturday of June of each year). Provides that when June 19 falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Juneteenth National Freedom Day as a holiday. Effective immediately. Fiscal Note (Dept. of Central Management Services) Senate Bill 1965 will not require additional resources. Salaries will be paid, whether on holiday or at work. What is lost is productivity. If that equates to the cost of salaries, then CMS Bureau of Personnel's estimate is $11.3M statewide.

Amends the Public University Uniform Admission Pilot Program Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 118/1 Adds reference to: 105 ILCS 5/21B-30 Replaces everything after the enacting clause. Amends the Educator Licensure Article of School Code. Provides that, beginning with the 2021-2022 school year, in order to obtain a license under the Article, a student teacher candidate may not be required to videotape himself or herself or his or her students in a classroom setting. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Educator Licensure Article of School Code. With regard to licensure candidates being required to pass a teacher performance assessment, provides that a candidate may not be required to submit test materials by video submission. Effective immediately.

Amends the Rental Housing Support Program Act. In a provision requiring the Illinois Housing Development Authority to adopt rules concerning grants awarded to local administering agencies to fund rent subsidies for low-income families, provides that the rules must limit eligibility for tenancy in the subsidized rental units to households with gross income that is at or below 40% (rather than 30%) of the family median income for the area in which the grant will be made. In a provision concerning rules on grants awarded to entities for the development of affordable rental housing, provides that the rules must require 50% of the units that are supported by any grant to be set aside for households whose income is at or below 25% (rather than 15%) of the median family income for the area in which the grant will be made. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Rental Housing Support Program Act. Provides that once a tenant has received assistance under the Rental Housing Support Program the tenant shall remain eligible for assistance under the Program until the tenant reaches an income level of 35% of area median family income and will then begin the transition out of the Program, as described in the rules governing the Program. Provides that local administering agencies should (rather than must) include 2-bedroom, 3-bedroom, and 4-bedroom units among those intended to be supported by grants under the Program.

Creates the Human Trafficking Task Force Act. Provides requirements regarding the composition and duties of the task force. Provides that the task force shall provide a report containing specified information to the General Assembly and Governor no later than June 30, 2024. Abolishes the task force and repeals the Act on July 1, 2024. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: adds a statement of findings; and includes additional duties for the Task Force. Effective immediately.

Amends the Juvenile Court Act of 1987. Relocates a provision regarding special immigrant minors from the Abused, Neglected, or Dependent Minors Article to the General Provisions Article. Amends the Probate Act of 1975. Provides that a petition for guardianship of the person of a minor who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or nonrelative person over the age of 21. Provides that a court making determinations concerning such a petition shall consider the best interest of the minor. Provides that an appointed guardian shall have responsibility for the custody, nurture, and tuition of the minor, and shall have the right to determine the minor's residence based on the minor's best interest. Provides that a minor who is the subject of a petition for guardianship or for extension of guardianship may be referred for psychological, educational, medical, or social services under certain circumstances. Makes other changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-5.6 new Adds reference to: 755 ILCS 5/11-5.5 Relocates the changes to the Probate Act of 1975 into a Section related to special immigrant minor findings. Provides that with the consent of the minor, the court shall appoint the petitioner as the guardian (rather than "shall appoint a guardian") of the person for a minor who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a motion for special findings.