Rep. Barbara Hernandez

Amends the Code of Civil Procedure. Provides that anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (1) disclosure is necessary to prevent death, great bodily harm, or the commission of a crime; (2) necessary to comply with another law; or (3) a court, tribunal, or administrative body requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected. Effective immediately.

Amends the Public Utilities Act. Changes the repeal date for provisions authorizing natural gas surcharges to provide for recovery of costs associated with investments in qualifying infrastructure plants from December 31, 2023 to January 1, 2021.

Amends the Eviction Article of the Code of Civil Procedure. Defines terms. Provides that a complaint for an eviction action shall include specified information. Provides that upon entry of an eviction order, the court shall make specified findings. Provides that a court file shall not be sealed if it pertains to an eviction in which: (1) the tenancy is commercial, or (2) the property that the plaintiff seeks possession of is a condominium unit and no tenants or occupants are named as defendants. Provides that the court may order that a court file in an eviction action be sealed if the interests of justice outweigh the interests of the public, taking specified factors in account. Provides that the court file shall be sealed: (1) in a foreclosure-related eviction action; (2) in a not-for-cause eviction; (3) if the parties to the eviction action so agree; and (4) in any action not resulting in an eviction order entered in favor of the plaintiff. Provides that any tenant or occupant named as a defendant in an eviction action may file a motion or petition to seal the court file. Provides the manner in which court files shall be sealed. Provides that the clerk of the circuit court shall automatically seal all eviction court files no later than 3 years after the plaintiff's initial filing with the court. Provides that if a person knows or has reasonable cause to know that information is derived from a sealed court file, he or she shall not disseminate the information. Provides, with exceptions, that a consumer reporting agency shall not disclose, or use in a consumer report, information regarding an eviction action in which there is no final disposition entered or the court file is sealed, and that any violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for damages in the amount of $2,000 for each violation, or twice the actual and consequential damages sustained, whichever is greater, and the costs of the action. Makes conforming changes in the Mortgage Foreclosure Article of the Code of Civil Procedure and the Consumer Fraud and Deceptive Business Practices Act.

Creates the Clean Energy Jobs Act. Contains only a short title provision. House Committee Amendment No. 1 Adds reference to: 20 ILCS 627/30 new 20 ILCS 627/35 new 20 ILCS 627/40 new 20 ILCS 3855/1-5 20 ILCS 3855/1-20 20 ILCS 3855/1-56 20 ILCS 3855/1-75 105 ILCS 5/2-3.176 new 220 ILCS 5/8-103B 220 ILCS 5/8-104.1 new 220 ILCS 5/9-220.3 220 ILCS 5/16-107 220 ILCS 5/16-107.5 220 ILCS 5/16-107.6 220 ILCS 5/16-107.7 new 220 ILCS 5/16-107.8 new 220 ILCS 5/16-108.9 new 220 ILCS 5/16-108.13 new 220 ILCS 5/16-108.17 new 220 ILCS 5/16-111.5 220 ILCS 5/16-115E new 220 ILCS 5/16-128B 415 ILCS 5/4.2 new 415 ILCS 5/9.10 415 ILCS 5/13.9 new 415 ILCS 5/9.15 rep. 415 ILCS 140/Act rep. Replaces everything after the enacting clause. Creates the Clean Jobs Workforce Hubs Act, the Expanding Clean Energy Entrepreneurship Act, the Community Energy and Climate Planning Act, and the Clean Energy Empowerment Zones Act to reduce emissions, promote renewable energy sources, improve energy efficiency, and reduce carbon pollution related to transportation. Requires the Department of Commerce and Economic Opportunity to administer a program to increase employment opportunities related to clean energy projects. Provides for the creation of a clean jobs curriculum to increase workforce skills. Provides for the promotion of opportunities for small and disadvantaged businesses in clean energy development. Establishes a framework to achieve 100% reliance on renewable energy. Amends the Electric Vehicle Act, the Illinois Power Agency Act, the School Code, the Public Utilities Act, and the Environmental Protection Act to make changes to implement the new programs. Repeals the Kyoto Protocol Act of 1998. Makes other changes. Effective immediately.

Creates the Build Illinois Homes Tax Credit Act. Provides that the Illinois Housing Development Authority and the City of Chicago Department of Housing may award credits for certain qualified low-income housing projects. Provides that the credits may be taken against any or all of the following: (i) the taxes imposed by the Illinois Income Tax Act; or (ii) any retaliatory or privilege tax imposed by the Illinois Insurance Code. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of a case involving the injury, health, or safety of a cat or dog, the court may, on its own motion or motion of any party, appoint a special advocate to assist the court, as deemed appropriate by the court, and represent the interests of justice regarding the health or safety of the cat or dog. Amends the Department of Agriculture Law of the Civil Administrative Code of Illinois. Provides that the Department of Agriculture shall compile a list comprised of pro bono attorneys and law students from each county who may serve as special advocates for these cases.

Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.

Creates the Carryout Bag Fee Act. Provides that a carryout bag fee of $0.10 is imposed on each carryout bag used by a customer at retail establishments, except in municipalities with a population greater than 1,000,000, with $0.03 being returned to the retail establishment, $0.04 into the Carryout Bag Fee Fund, $0.01 to the Prairie Research Institute of the University of Illinois, $0.01 into the Solid Waste Management Fund, and $0.01 into the Partners for Conservation Fund. Provides that the carryout bag fee does not apply to the retail sale or use of carryout bags that are used to carry items purchased under specified governmental food assistance programs. Repeals the new Act on January 1, 2026. Amends the State Finance Act making conforming changes. Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of carryout bags. Limits the applicability of the provisions as they relate to a county or municipality that charged a fee or tax on carryout bags on February 1, 2018 and specified recycling programs. Limits home rule powers.

Amends the Labor Dispute Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 5/1.1 Adds reference to: New Act 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) The fiscal impact of SB 471, as amended by HA 1, is not known as the number of COVID-related fatalities amongst the ranks of Chicago police officers and firefighters cannot be predicted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 471 (H-AM-1); therefore, there are no appraisals to be filed. House Floor Amendment No. 3 Deletes reference to: New Act 30 ILCS 105/5.891 new Adds reference to: 5 ILCS 345/1 from Ch. 70, par. 91 230 ILCS 5/15.5 new 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) There is no discernible fiscal impact to pension funds that employ public safety personnel as a result of SB 0471, as amended by HA 3. The number of public safety employees who will contract COVID-19 during the time period enumerated in the bill cannot be predicted. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does pre-empt home rule authority State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) This amendment has no fiscal impact or population impact on the Department of Corrections. Fiscal Note, House Floor Amendment No. 3 (Department of Employment Security) Senate Bill 471 (HA-3) has no fiscal impact on the Department of Employment Security.

Creates the Eliminate Racial Profiling Act. Provides that no law enforcement agent or law enforcement agency shall engage in racial profiling. Allows the State or a person injured by racial profiling to enforce the racial profiling provision in a civil action for declaratory or injunctive relief. Requires law enforcement agencies to maintain policies and procedures, designed to eliminate racial profiling, and to certify that in applications for certain federal grant programs. Requires the Attorney General to adopt rules for administrative complaint procedures and independent audit programs applicable to law enforcement agencies. Allows the Attorney General to make grants to law enforcement agencies to develop and implement best practices to eliminate racial profiling. Allows the Attorney General to order the withholding of certain federal grants for law enforcement agencies that are not in compliance with the Act. Grants rulemaking authority to the Attorney General to implement the Act. Defines terms.