Rep. Dan Ugaste

Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, changes the ending date of the employment from no later than June 30, 2021 to no later than June 30, 2026. Removes language requiring a school to advertise its vacancies in the subject shortage area in a newspaper of general circulation in the area in which the school is located. Provides that certain requirements related to advertising the vacancy in the subject shortage area and searching for teachers legally qualified to fill those vacancies through the Illinois Education Job Bank shall not apply to a school district replacing a teacher who is unable to continue employment with the school district because of illness, injury, or disability after being hired by a school district. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, changes the ending date of the employment from no later than June 30, 2021 to no later than June 30, 2024 (rather than June 30, 2026). Provides that before hiring a teacher under the provisions, the school district must post all vacancies on the school district's website and list the vacancy in an online job portal or database. Provides that a school district replacing a teacher who is unable to continue employment with the school district because of documented illness, injury, or disability that occurred after being hired by a school district shall be exempt from the job-posting requirements for 90 school days. Requires the school district to comply with the job-posting requirements on an ongoing basis. Effective immediately.

Amends the Local Mass Transit District Act. Provides that, on January 1, 2022, the Chicago South Suburban Mass Transit District is discontinued. Includes procedures for discontinuance, including transfer of: all funds remaining after winding up the District to specified municipalities that created the District; and parking lots and related facilities and equipment to the municipality in which the parking lot is located. Effective January 1, 2022.

Amends the Illinois Vehicle Code. Allows the Secretary of State to provide a disabilities motor decal or device to an expectant mother during her third trimester. Provides that a decal or device provided to an expectant mother shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. Provides that a decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester.

Amends the Compulsory Attendance of Pupils Article of the School Code. Provides that a child may be absent from a public school because of religious reasons, including the observance of a religious holiday or participation in religious instruction. Removes the provision that requires a school board to prescribe rules relative to absences for religious holidays, including a list of religious holidays on which it shall be mandatory to excuse a child's absence. Provides instead that a district superintendent shall develop and distribute to schools appropriate procedures with regard to an absence. Effective immediately.

Amends the Illinois Insurance Code. In provisions concerning reductions to rates and premium charges for automobile liability insurance for any insured over age 55 upon successful completion of the National Safety Council's Defensive Driving Course or a motor vehicle accident prevention course, provides that the course may be an eLearning course. Provides that any accident prevention course approved by the Secretary of State shall consist of at least 8 hours of classroom or eLearning equivalent instruction (rather than only classroom instruction).

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 Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Creates the Carbon Capture, Utilization, and Storage Legislation Task Force Act. Creates the Carbon Capture, Utilization, and Storage Legislation Task Force. Adds provisions governing Task Force membership, duties, powers, and compensation. Provides that the Task Force shall meet no less than once a month beginning in July 2021. Provides that the Task Force shall submit a report to the Governor and the General Assembly on or before December 31, 2021. Dissolves the Task Force upon the filing of the report. Provides that the Act is repealed on January 1, 2023. Effective immediately. House Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 110 ILCS 305/120 new Replaces everything after the enacting clause. Amends the University of Illinois Act. Provides that subject to appropriation, the Prairie Research Institute at the University of Illinois at Urbana-Champaign, in consultation with an intergovernmental advisory committee, must file a report on potential for carbon capture, utilization, and storage as a clean energy technology throughout Illinois with the Governor and General Assembly no later than December 31, 2022. Provides that the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings. Provides that in developing the report, the Prairie Research Institute shall form an advisory committee and provides for membership of the committee. Provides that the Prairie Research Institute shall also engage with interested stakeholders throughout the State to gain insights into socio-economic perspectives from environmental justice organizations, environmental non-governmental organizations, industry, landowners, farm bureaus, manufacturing, labor unions, and others. Repeals the provisions on January 1, 2023. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act Adds reference to: 110 ILCS 305/120 new Replaces everything after the enacting clause. Amends the University of Illinois Act. Provides that subject to appropriation, the Prairie Research Institute at the University of Illinois at Urbana-Champaign, in consultation with an intergovernmental advisory committee, must file a report on potential for carbon capture, utilization, and storage as a climate mitigation technology throughout Illinois with the Governor and General Assembly no later than December 31, 2022. Provides that the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings. Provides that in developing the report, the Prairie Research Institute shall form an advisory committee and provides for membership of the committee. Provides that the Prairie Research Institute shall also engage with interested stakeholders throughout the State to gain insights into socio-economic perspectives from environmental justice organizations, environmental non-governmental organizations, industry, landowners, farm bureaus, manufacturing, labor unions, and others. Repeals the provisions on January 1, 2023. Effective immediately. Senate Floor Amendment No. 1 In provisions amending the University of Illinois Act, provides that the report on the potential for carbon capture, utilization, and storage shall provide an assessment of Illinois subsurface storage resources, a description of existing and selected subsurface storage projects, and best practices for carbon storage. Provides that additionally, the report shall provide recommendations for policy and regulatory needs at the State level based on its findings (rather than the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings).

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).

Amends the Illinois Vehicle Code. Requires the passenger of a motorcycle to be capable of resting a foot on the footrest while the motorcycle is in motion.