Rep. Rita Mayfield

Amends the Illinois Procurement Code. Provides that the Capital Development Board and the Department of Transportation shall each, by rule, implement a pilot program under which select construction contracts shall contain provisions that if a subcontractor has performed in accordance with the provisions of the subcontract and the work has been accepted by the State agency, the State agency shall pay the subcontractor directly. Provides that the program shall be implemented by January 1, 2021. Amends the State Prompt Payment Act. Provides that certain provisions concerning payments to subcontractors do not apply to payments to a subcontractor for work performed under a subcontract entered into with a construction contractor if the contract contains a provision that the State agency shall pay the subcontractor directly. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Modifies the term "a proper bill or invoice" to include the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item of each pay period such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides that on and after July 1, 2021, "a proper bill or invoice" also includes the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier, either electronically, within 7 business days after receiving payment, or if paid by a printed check, the printed check must be postmarked within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 3 Requires the Department of Transportation to publish on its website a searchable database that allows for queries for each active construction contract by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor (currently, queries for each active construction contract not required). House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and provides that when a contractor receives any payment, the contractor shall pay each subcontractor and material supplier electronically within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, payment required within 7 business days), or, if paid by a printed check, the printed check must be postmarked within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, postmark required within 7 business days), after receiving payment. Makes conforming changes. Fiscal Note, House Floor Amendment No. 1 (Dept. of Transportation) The changes to prompt pay will not add cost to current IDOT procedures. The query portal for the IDOT website will cost $100,000 to develop.

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois 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. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.

Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school. Provides that in determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/27A-3 105 ILCS 5/27A-10.10 105 ILCS 5/27A-11 105 ILCS 5/27A-12 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Repeals the State Charter School Commission Fund on October 1, 2020 (rather than July 31, 2020). Provides that, beginning on July 1, 2020 through August 31, 2020, all money in the State Charter School Commission Fund shall be used by the State Board of Education for operational and administrative costs and, on September 1, 2020 (rather than July 1, 2020), in consultation with the State Board, the State Comptroller shall order transferred and the State Treasurer shall transfer all money in the State Charter School Commission Fund to the State Board of Education Special Purpose Trust Fund. Provides that, beginning on July 1, 2020, the State Board of Education may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities; specifies what the authorizing activities may include. Provides that, beginning on the effective date of the amendatory Act, the Commission may not enter into or renew a contract, other than a charter renewal, that expires after July 1, 2020. Until July 1, 2020, allows the State Charter School Commission to hear an appeal on a local board's decision to not renew a charter. Allows the State Board of Education to reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if certain conditions are met. Requires the State Board to appoint and utilize a hearing officer for those appeals. Provides that if a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. Adds an immediate effective date.

Amends the Secretary of State Act. Requires the Secretary of State to take steps to ensure that all State forms and documents requiring the listing of gender designations or requiring persons to identify their gender shall include, as a gender designation, the term "non-binary" in addition to male and female gender designations. Requires each unit of local government in this State to adopt an ordinance or resolution requiring that unit of local government to take steps to ensure that all its forms and documents shall include the "non-binary" gender designation in a manner substantially similar to forms and documents as may be produced by the Secretary. Effective January 1, 2020. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 305/30 new Adds reference to: 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 Replaces everything after the enacting clause. Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after the effective date of this amendatory Act, and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary of State shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on identification card and driver's license application forms. Provides that the sex designated by the applicant shall be displayed on the identification card or driver's license issued to the applicant. Fiscal Note, House Committee Amendment No. 1 (Office of the Secretary of State) At this time, there is no fiscal impact to the Secretary of State's Office with HB 3534 (H-AM 1). We cannot project the fiscal impact on a future contract bid. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the Illinois Credit Union Act. Provides that if the Act requires information to be written or delivered in writing, an electronic record or delivery satisfies the rule of law. Provides that if the Act requires a policy, record, notice, or other document or information to be mailed or otherwise furnished or disclosed by a credit union, electronic distribution or delivery satisfies the rule of law. Provides that a policy adopted by the board may delegate expulsion authority to senior management officials of the credit union. Provides that a member expelled by a senior management official may seek reinstatement by appealing the action within 30 days of expulsion to the board of directors, and that the board may affirm, disaffirm, or modify the action, and the board's decision is final. Provides that a credit union may invest in securities, obligations, or other instruments of or issued by entities properly registered with or licensed by the Department of Financial and Professional Regulation. Increases a credit union's aggregate loan amount and the total amount of funds not used in loans to members that may be invested in shares and stocks of Credit Union Service Organizations to 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union. Modifies a credit union's investment limit in shares or stocks of Credit Union Service Organizations to not exceed 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 305/44 Adds reference to: 205 ILCS 305/44.1 new Replaces provisions regarding the reporting and turnover provisions of the Revised Uniform Unclaimed Property Act relating to credit unions with a provision allowing a credit union to deduct a dormancy charge or escheat fee from property delivered to the administrator under the Revised Uniform Unclaimed Property Act. Senate Floor Amendment No. 2 Requires that credit unions annually disclose director remuneration to the membership. Provides that the disclosure shall contain: (i) the amount paid to each director and (ii) the amount paid to the directors as a group. Deletes language authorizing credit unions to invest in securities of entities licensed by the Department of Financial and Professional Regulation, including entities licensed under the Residential Mortgage License Act of 1987, the Consumer Installment Loan Act, and the Sales Finance Agency Act. Corrects a typographical error. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 305/51 from Ch. 17, par. 4452 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Provides that the Department of Financial and Professional Regulation shall, by rule, establish maximum rates of reasonable compensation for directors and committee members that are generally applicable to credit unions considering factors the Department may establish from time to time, including, but not limited to, total assets, nonprofit cooperative structure, and the best interests of members. Deletes language providing that with approval of the board of directors, a credit union may make loans to credit union organizations if the aggregate amount of all such loans outstanding does not exceed the greater of 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Deletes language providing that funds not used in loans to members may be invested in shares or stocks of credit union service organizations in the total amount not exceeding the greater of 10% (instead of 3%) of the unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. 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.

Creates the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Provides that a general acute care hospital or special hospital that has a perinatal unit, in collaboration with medical staff, shall by January 1, 2021 develop and implement a program to provide education and information to appropriate health care professionals and patients about maternal mental health conditions. Provides that the educational program shall include: (i) education and information for postpartum women and families about maternal mental health conditions, post-hospital treatment options, and community resources; (ii) education and information for hospital employees regularly assigned to work in the perinatal unit, including, as appropriate, registered nurses and social workers, about maternal mental health conditions; and (iii) any other service the hospital determines should be included in the program to provide optimal patient care. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Provides that the Department of Human Services shall develop educational materials for health care professionals and patients about maternal mental health conditions. Provides that a birthing hospital shall, on or before January 1, 2021, distribute these materials to employees regularly assigned to work with pregnant or postpartum women and incorporate these materials in any employee training that is related to patient care of pregnant or postpartum women. Requires a birthing hospital to supplement the materials provided by the Department to include relevant resources to the region or community in which the birthing hospital is located. Requires the educational materials to include specified information. Contains definitions and findings.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.

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.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).