Rep. Maurice West

Amends the Property Tax Code. Provides that a taxing district may abate taxes on residential property that qualifies for an abatement under any program adopted by the governing authority of the taxing district for the purpose of revitalizing or stabilizing neighborhoods. Provides that, if a county purchases delinquent property, the county may take steps to maintain the property, including, but not limited to, the mowing of grass or removal of nuisance greenery, the removal of garbage, waste, debris, or other materials, or the demolition, repair, or remediation of unsafe structures. In a Section concerning sales in error granted because a county, city, village or incorporated town has an interest in the property because of advancements made from public funds, provides that no petition for a sale in error may be brought unless the party seeking the sale in error has submitted a request in writing to the county, city, village, or town to waive the amounts owed, and that request has been (i) denied or (ii) not acted upon for a period of at least 90 days from the date on which the request was made. Provides that the redemption period for property that has been declared abandoned or blighted is 6 months (currently, 2 years) from: (1) the date of sale, if the holder of the certificate of purchase is a unit of local government; or (2) the date the property was declared abandoned or blighted, if the holder of the certificate of purchase is not a unit of local government. Senate Floor Amendment No. 1 Removes references to blighted property from provisions of the introduced bill concerning the period of redemption. Provides that, if the property is abandoned and the holder of the certificate of purchase is a unit of local government, then the court may order that the property may be redeemed at any time on or before the expiration of 6 months from the date of sale (currently, 2 years). Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/21-350 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: (1) removes provisions concerning the redemption period for abandoned or blighted property; (2) in provisions concerning the purchase of delinquent property by the county, provides that the county may take steps to maintain the property, mow the grass or remove nuisance greenery, remove garbage, waste, debris, or other materials, or demolish, repair, or remediate unsafe structures (in the introduced bill, those activities were listed as components of "maintaining the property"); and (3) in provisions concerning sales in error, removes provisions providing that the request to waive amounts owed to a county, city, village, or town must be denied or not acted upon for a period of 90 days, and provides that court may not grant a sale in error for the property if the liens owed to a county, city, village, or town have been released within 60 days of the purchaser's request.

Amends the Governor Transition Act. Makes a technical change in a Section concerning the orderly transition of the office of Governor.

Declares the date of May 8, 2019 as Alpha Kappa Alpha Day in the State of Illinois in honor of Alpha Kappa Alpha Sorority, Incorporated, and its work.

Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 30 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program, which is a 5-year pilot program within the Department of Corrections. Provides that a maximum of 15 males and a maximum of 15 females may be selected for the Program. Excludes from the Program persons convicted of first degree murder of a peace officer or firefighter and sexual predators. Establishes eligibility requirements for the Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Provides that optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that time served in the Program shall be credited toward time served on the sentence. Provides that the Program is terminated 6 years after the effective date of the amendatory Act. Correctional Note (Dept of Corrections) The impact of this legislation on the Department will depend on how many offenders would be accepted into and complete the Pathway to Community Program, how many offenders would receive executive clemency, how many staff are needed to meet the requirements outlined in this legislation, how victims and their families respond, and how fiscal needs will be met. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown since program participants must petition for Governor clemency to receive an early release from prison based on their progress through the program. Also, though participants may be released from prison before their expected parole or mandatory supervised release date, the end date of their supervised release period does not change, leaving the offender under the jurisdiction of the Department for the entirety of their sentence. Second, House Bill 2400 does not specify the components of an atonement and restorative adjustment program. The Department does not currently operate such a program. In addition, Department efforts are presently focusing on evidence-based programs. Therefore, an atonement and restorative adjustment program would have to be created, or acquired, and this will result in costs for program development and/or acquisition. Staff would have to develop a research design necessary to implement a program with a potentially high success rate for older offenders who have been incarcerated for many years, and then develop and study the specific components. Among many undertakings, staff would have to be trained; selection criteria and methods would have to be developed; policies would be written; means to measure if offenders have demonstrated reform, changed behavior, remorse, and the ability to socialize; renunciation of criminal activity and gang affiliation would have to be identified; and outcome measures would have to be constructed. Moreover, this legislation specifies that offenders must participate for 5 years; however, there is no indication in House Bill 2400 as written for the justification for mandating that time period. The costs for these responsibilities, as well as costs for acquisition of licensed curriculum and supplies, if available, are unknown at this time. Third, House Bill 2400 stipulates that, following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. This presents numerous logistical problems for Department staff. Records are very old, and documents may not identify victims by name or where to contact them after more than 30 years. Department staff currently struggle to get victim information from the courts. Many victims' families would have to be contacted, and if found, may not want to participate in any activities with the offenders, relive the memories, or even be identified at all. Many victims want absolutely nothing to do with their offenders. Correctional staff do not treat victims; there are no staff to perform any necessary therapeutic services to victims. If the victims refuse this service, the Department is unsure if it would be mandated to withhold the program if a victim chooses not to participate. Despite efforts made by centralized program staff, as well as the facility staff, Victims Services is already inundated with work related to assisting the victims of Illinois' 39,000 inmates and 27,000 parolees. current Victim Services staff would not be able to assist in meeting House Bill 2400 provisions. The Department estimates this program would need to be implemented In two facilities, one for males and one for females. The Department also estimates two additional staff members would need to be employed at each facility where Pathway programs are implemented, one to assist in Victim Services and one to assist in the administrative tasks of the program. Staff are estimated at an annual cost of $100,000 each for salary and benefits. Fourth, House Bill 2400 provides that up to $1,000 of trauma-informed victim services or traumacertified professional therapy must be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members' financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense would be provided by the Department at no cost to the family members of the victim. The impact of these fiscal constraints on the Department cannot be identified until the program is implemented, though the number of victims this legislation may address is unknown, and potentially quite large. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown as offenders are not eligible for early release until granted clemency by the Governor based on petitions filed and an offender's program progress, a process that cannot be initiated until more than 5 years after enactment. The Department currently lacks the resources, training, curriculum, victim information, and funding to enact this proposal. House Floor Amendment No. 1 Deletes provision that the Department of Corrections may enter an order releasing and discharging a participant in the Pathway to Community Program from mandatory supervised release if it determines that he or she is likely to remain at liberty without committing another offense.

Creates the Collective Bargaining Freedom Act. Provides that employers and labor organizations covered by the National Labor Relations Act may execute and apply agreements requiring membership in a labor organization as a condition of employment to the fullest extent authorized by the National Labor Relations Act. Provides that it is the policy of the State that employers, employees, and their labor organizations are free to bargain collectively. Provides that the authority to enact laws or rules that restrict the use of union security agreements between an employer and a labor organization vests exclusively with the General Assembly. Prohibits local governments from enforcing any such law or rule. Defines terms. Effective immediately. Senate Committee Amendment No. 1 Changes a reference to federal law with respect to union security agreements from a reference relating to requiring membership in a union in conflict with state law to a reference relating to unfair labor practices in connection with membership in a union. House Committee Amendment No. 1 Deletes provision making a violation of the Act by a local governmental official a Class A misdemeanor.

Amends the Good Samaritan Energy Plan Act. Makes a technical change in a Section concerning the solicitation of contributions to the Good Samaritan Energy Trust Fund. House Floor Amendment No. 1 Deletes reference to: 305 ILCS 22/20 Adds reference to: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Requires the Department of Human Services to provide child care services to all children who are eligible for assistance and are: (A) under age 13; or (B) under age 19 and (i) are under court supervision or (ii) have physical or mental incapacities as documented by a statement from a local health provider or other health professional. Deletes a provision that authorizes the Department to: (i) lower income eligibility ceilings, raise parent co-payments, create waiting lists, or take such other actions during a fiscal year as are necessary to ensure that child care benefits paid under the Illinois Public Aid Code do not exceed the amounts appropriated for those child care benefits; and (ii) accomplish such changes by emergency rule. Effective July 1, 2019. House Floor Amendment No. 2 Restores a provision that authorizes the Department of Humans Services to: (i) raise parent co-payments, create waiting lists, or take such other actions during a fiscal year (rather than lower income eligibility ceilings, raise parent co-payments, create waiting lists, or take such other actions during a fiscal year) as are necessary to ensure that child care benefits paid under the Illinois Public Aid Code do not exceed the amounts appropriated for those child care benefits; and (ii) accomplish such changes by emergency rule. Deletes language that exempts the Department from the limitation on the number of emergency rules that may be adopted in a 24-month period.

Amends the Property Tax Code. Provides for a property tax abatement for property located in a taxing district that: (i) is owner-occupied; (ii) is the owner's primary residence; and (iii) meets the criteria of a residential home ownership incentive program adopted by the taxing district.

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the short title of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Prohibits the sale or furnishing of tobacco products, electronic cigarettes, or alternative nicotine products to a person under 21 years of age. Prohibits the purchase of tobacco products, electronic cigarettes, or alternative nicotine products by a person under 21 years of age. Makes changes regarding definitions, age verification, penalties, possession, and other matters. Repeals the Smokeless Tobacco Limitation Act. Amends other Acts to make conforming changes. Effective July 1, 2019. House Committee Amendment No. 1 Makes technical changes.

Amends the Illinois Vehicle Code. Provides that the amendatory Act may be referred to as the License to Work Act. Deletes language providing that all notices sent to a person involved in an administrative proceeding shall state that failure to satisfy any fine or penalty shall result in the Secretary of State suspending his or her driving privileges, vehicle registration, or both. Provides that the Secretary is authorized to cancel any license or permit if the holder failed to pay any fees owed to the Secretary for the license or permit (rather than failure to pay any fees, civil penalties owed to the Illinois Commerce Commission, or taxes due upon reasonable notice and demand). Provides that a person whose driver's license was canceled, suspended, or revoked under certain circumstances shall have his or her driving privileges reinstated. Deletes language providing that the reporting requirements for public officials shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Provides for the immediate revocation of the license, permit, or driving privileges of any driver if the driver was convicted of a misdemeanor relating to a motor vehicle if the person exercised actual physical control over the vehicle during the commission of the offense. Provides that the Secretary is authorized to suspend or revoke the driving privileges of any person without a preliminary hearing if the person has been convicted of criminal trespass to vehicle if the person exercised actual physical control over the vehicle during the commission of the offense. Provides that in order to be subject to suspension or revocation for violation of specific provisions of the Liquor Control Act of 1934, a person must also be an occupant of a motor vehicle at the time of the violation. Deletes language authorizing the Secretary to suspend or revoke the driving privileges of a person without a preliminary hearing for specific adjudications or violations. Deletes language providing that the owner of a registered vehicle that has failed to pay any fine or penalty due and owing as a result of 10 or more violations shall have his or her driving privileges suspended. Repeals Sections concerning the suspension of a driver's license for theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective July 1, 2020.