Rep. Dan Didech

Amends the Limited Liability Company Act. Provides that if a company fails to permit the inspection of records as required under the Act, a person making a request or demand may file an action to compel the company to permit the inspection and copying and obtain other legal or equitable relief, including (if the court finds that the company acted unreasonably) costs and attorney's fees. Provides that specified provisions do not limit the personal liability of a member or manager imposed under a law other than the Act, including agency, contract, and tort law. Makes various changes concerning: definitions; admission of members; statements of authority; operating agreements; actions by members; transfer of interests; and dissociation of members. Senate Floor Amendment No. 1 Deletes reference to: 805 ILCS 180/15-5 Provides that a purpose of the bill is to overrule Dass v. Yale, 2013 IL App (1st) 122520. Removes changes that would have permitted certain decisions to be ratified by one or more members or disinterested managers or other disinterested persons. House Committee Amendment No. 1 Provides that a purpose of the bill is to overrule the interpretation of specified portions of the Limited Liability Company Act set forth in Dass v. Yale, 2013 IL App (1st) 122520, and Carollo v. Irwin, 2011 IL App (1st) 102765 instead of ("to overrule Dass v. Yale"). Corrects a typographical error.

Amends the Illinois Wage Payment and Collection Act. Provides that gratuities to employees are the property of the employees and may not be retained by an employer. Provides that an employer's retention of gratuities is an underpayment of wages for purposes of the Act. Provides that the new provisions do not prohibit tip pooling as permitted by law. Provides that the new provisions do not affect an employer's entitlement to an allowance for gratuities to the extent permitted under the Minimum Wage Law. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments. Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 115/11 from Ch. 48, par. 39m-11 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Wage Payment and Collection Act. Provides that if a final and binding administrative decision issued by the Department of Labor requires an employer or other party to pay wages, penalties, or other amounts in connection with a wage claim, and the employer or other party has neither: (i) made the required payment within 35 days of the issuance of the final and binding administrative decision; nor (ii) timely filed a complaint seeking review of the final and binding administrative decision pursuant to the Administrative Review Law in a court of competent jurisdiction, the Department may file a verified petition against the employer or other party to enforce the final administrative decision and to collect any amounts due in the circuit court of any county where an official office of the Department is located.

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a person who holds elective office as a member of a county board, notwithstanding whether he or she has not elected to participate in the Fund with respect to that office or has revoked his or her election to participate with respect to that office, shall be disqualified from receiving a retirement annuity until he or she no longer holds that elective office. Provides that the changes apply without regard to whether the person is in service on or after the effective date of the amendatory Act. Makes a conforming change. Senate Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/7-137.1 Adds reference to: 55 ILCS 5/4-10005 new Replaces everything after the enacting clause. Amends the Counties Code. Provides that a member of a county board shall not receive a salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the member's service as a county board member. Provides that if a member of the county board is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 50 ILCS 145/25 new Amends the Local Government Officer Compensation Act. Provides an elected officer of a unit of local government shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position. Provides that if an elected official is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the official's salary and compensation shall be reduced to zero at the beginning of the member's next term. Limits home rule powers. House Committee Amendment No. 1 Adds reference to: 55 ILCS 5/2-1003 from Ch. 34, par. 2-1003 55 ILCS 5/5-3003 new 55 ILCS 5/6-31013 new 70 ILCS 805/8 from Ch. 96 1/2, par. 6315 Replaces everything after the enacting clause. Amends the Local Government Officer Compensation Act and Counties Code. Provides that an elected officer of a unit of local government, including county board members, shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position and, if a current officer is receiving benefits, then reduces the official's salary and compensation to zero at the beginning of the official's next term. Limits home rule powers. Further amends the Counties Code. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the chairman removed maintains his or her status as a member of the county board. Includes procedures to replace the chairman. Provides that a vendor wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county, prior to a county board's vote on the contract, any familial relationship between the vendor and specified county officials. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county's expense (limiting home rule powers). Amends the Downstate Forest Preserve District Act. Provides for removal of officers of a forest preserve district board and procedures to replace the officers. Effective immediately. House Floor Amendment No. 2 Provides that a county may deny, suspend, or terminate the eligibility of a person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor of goods or services to the county if such vendor, for contracts greater than $30,000, fails to disclose to the county a familial relationship between a county elected official or county department director and specified individuals of the vendor. Defines "familial relationship". Provides that a contract greater than $30,000 may be be approved or renewed by roll call vote of the county board following a recitation of the name of the county official and the nature of the familial relationship being disclosed. Requires the county board chairperson, county board president, or county executive (rather than the county clerk) to notify newly elected countywide officials elected of the option for an auditor to conduct a transitional audit no later than 10 days (rather than 5 days) after certification of the election results. House Floor Amendment No. 3 Provides that if a county has adopted an ordinance or resolution effective prior to January 1, 2019 that reduces compensation of elected county officials who are receiving pension benefits from the Illinois Municipal Retirement Fund for their service as elected officials of that county to an amount less than other elected county officials who are not receiving such pension benefits for their service as elected officials, then the provisions do not apply to that county.

Amends the Code of Criminal Procedure of 1963. Provides that upon commencement of a prosecution for a sex offense against a person known to be an employee of a school, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment. Provides that the notification shall not diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract. Defines "employee" and "sex offense". Effective immediately. Senate Floor Amendment No. 1 Provides that upon arrest after commencement of a prosecution (rather than upon commencement of a prosecution) for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment.

Amends the Township Code. Provides that the township clerk shall attest to a payout of funds from the township treasury by the supervisor's duly authorized designee. Provides that a township board may adopt rules relating to attestation of funds endorsed by the supervisor or the supervisor's duly authorized designee. Provides that attestation is not required by the township clerk prior to the issuance of an emergency financial assistance payout. Makes a technical change. Effective immediately. House Floor Amendment No. 1 Adds reference to: 60 ILCS 1/70-5 605 ILCS 5/6-134 605 ILCS 5/6-135 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change: provides that a township board may adopt rules relating to regulating the township clerk's attestation when the township clerk is temporarily unavailable, for payroll processing, and for the payout of funds made by cash, credit and debit card, electronic check, and other means. Further amends the Township Code. In provisions about a supervisor's bond, removes provisions requiring a bond from a person temporarily appointed to perform the clerical functions of a supervisor. Removes a provision requiring the township clerk to attest a payment authorized by the supervisor's duly authorized designee. Amends the Illinois Highway Code. Provides that, if a referendum has been approved by voters to abolish a road district at the November 6, 2018 election and the road district has not yet been abolished, then: (1) the township board shall have the sole authority, until the date of abolition of the road district, to create and approve the budget of the road district, levy road district taxes, to enter into contracts for the road district, to employ and fix the compensation of road district employees that the township board deems necessary, and to set and adopt rules concerning all benefits available to employees of the road district; and (2) the road district or the highway commissioner may not commence or maintain litigation against the township to resolve any dispute related to the road district regarding powers of the office of the highway commissioner, the powers of the supervisor, or the powers of the township board. Provides that if a township has approved a consolidated road district with another township but that consolidation is not yet effective and if the township subsequently approves a referendum to consolidate the road district with the township, then the dual township consolidated road district is void and shall not occur. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. 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: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. Senate Floor Amendment No. 2 Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out (rather than brought) pursuant to a provision regarding cotenant buyout, a party of the property representing the combined interests of those cotenants as determined by the court.

Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately. Fiscal Note (Dept. of Public Health) HB 2 would not pose any fiscal cost aside from standard staff time with the rulemaking. The cost would be negligible. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Removes language regarding a woman's rights to receive maternity care regarding social and behavioral factors, to receive continuous social, emotional, and physical support during labor and birth, and to receive full advance information about specified risks and benefits. Provides that a woman has the right to a certified nurse midwife as her maternity care professional and to examine and receive an explanation of her total bill for services rendered. Specifies that nothing in the provisions or any rules adopted under them shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Makes other changes. Effective January 1, 2020 (rather than immediately).

Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.