Rep. Camille Lilly

Amends the Personal Information Protection Act. Makes a technical change in a Section concerning the short title. House Committee Amendment No. 2 Deletes reference to: 815 ILCS 530/1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Data Transparency and Privacy Act. Finds that individuals have a right to privacy in information pertaining to the individual. Provides that an entity that collects through the Internet personal information about individual consumers must make disclosures to the individual regarding the collection of the information. Establishes that a consumer has a right to opt out of the sale of the consumer's information. Provides for enforcement by the Attorney General. Effective April 1, 2020. Fiscal Note, House Committee Amendment No. 2 (Office of the Attorney General) The proposed legislation, HB 3358 (H-AM 2) may require our Consumer Bureau to hire up to three additional privacy attorneys to undertake the additional privacy enforcement that may be required by the bill. Privacy enforcement is a specialized area for which attorneys must be knowledgeable in data security, which can get very technical and requires additional training and certifications, such as the Certified Information Privacy Professional designation issued by the International Association of Privacy Professionals. Because of the specialized nature of this work and the demand for attorneys with this expertise, we anticipate the salary of each attorney hired to perform the work required by this bill to be $86,500 each. Additional costs related to retirement contributions, social security , and group insurance would total $77,578 for each attorney. Because of the uncertainty in the additional level of work this bill may require of our Consumer Bureau, we estimate the costs to our office to range from $164,078, for one attorney, up to $494,234 for three attorneys. House Floor Amendment No. 3 Replaces everything after the enacting clause. Creates a Data Transparency and Privacy Act different than that contained in House Amendment No. 2. Finds that individuals have a right to privacy and a personal property interest in information pertaining to the individual. Provides that an entity that collects through the Internet personal information about individual consumers must make disclosures to the individual regarding the collection of the information. Exempts from the protections information collected while a natural person is acting in an employment context. Establishes that a consumer has a right to opt out of the sale of the consumer's information. Creates exemptions for certain retail transactions, credit arrangements, and government program utilization. Provides for enforcement by the Attorney General. Provides that there is no private right of action to enforce the Act. Effective April 1, 2020. State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note, House Floor Amendment No. 3 (Office of the Attorney General) The proposed legislation, HB 3358, as amended by House Amendment #3, may require our Consumer Bureau to hire up to three additional privacy attorneys to undertake the additional privacy enforcement that may be required by the bill. Privacy enforcement is a specialized area for which attorneys must be knowledgeable in data security, which can get very technical and requires additional training and certifications, such as the Certified Information Privacy Professional designation issued by the International Association of Privacy Professionals. Because of the specialized nature of this work and the demand for attorneys with this expertise, we anticipate the salary of each attorney hired to perform the work required by this bill to be $86,500 each. Additional costs related to retirement contributions, social security, and group insurance would total $77,578 for each attorney. Because of the uncertainty in the additional level of work this bill may require of our Consumer Bureau, we estimate the costs to our office to range from $164,078, for one attorney, up to $494,234 for three attorneys. Fiscal impact: Uncertain Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State of Illinois.

Urges an investment of $1 billion by the State for affordable housing to be included in the next capital budget.

Directs the Department of Agriculture and the Department of Financial & Professional Regulation to conduct a disparity study on whether minority-owned businesses face any barriers that prevent the equitable participation in the business of cultivating, manufacturing, delivering, distributing, testing, transporting, and other avenues within the business of legalized cannabis in Illinois.

Directs the Department of Agriculture to conduct a disparity study on whether minority and women-owned businesses face any barriers that prevent the equitable participation in the business of cultivating, manufacturing, delivering, distributing, testing, transporting, and other avenues within the business of legalized cannabis in Illinois.

Urges Education Secretary Betsy DeVos and the Department of Education to withdraw the proposed rule and instead pursue policies that reflect the concerns raised by law enforcement, create a safe environment for victims to report instances, aggressively address the problem of campus sexual assault and harassment, and broadly address all instances of sexual harassment affecting college students.

Amends the Employment Contract Act. Provides that an employer may not require as a condition or precondition of employment that an employee or person seeking employment waive, arbitrate, or otherwise diminish any future claim, right, or benefit to which the person would otherwise be entitled under State or federal law. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 820 ILCS 15/5 new Adds reference to: 710 ILCS 5/1.5 new Replaces everything after the enacting clause. Amends the Uniform Arbitration Act. Inserts the provisions contained in the engrossed bill and makes the following changes: (1) excludes from the definition of "employee" persons employed as a managerial, professional, or confidential employee, (2) includes the State of Illinois and other governmental bodies within the scope of the term "employer", and (3) provides that labor unions and employers may agree to arbitration clauses in grievance resolution procedures, but that the existence of an arbitration clause does not waive an employee's individual right to file an action with an administrative agency or court. Effective Immediately. Senate Floor Amendment No. 2 Adds a requirement that an arbitration agreement presented to an employee or prospective employee must contain a statement across the top of the document stating that the arbitration agreement is not a precondition of employment.

Amends the State Police Act. Provides that the Department of State Police shall pay directly or reimburse, up to a maximum of $20,000 (rather than $10,000) the burial expenses of each State police officer who is killed in the line of duty. House Floor Amendment No. 2 Adds reference to: 820 ILCS 315/3.5 Replaces everything after the enacting clause. Amends the State Police Act. Provides that the Department of State Police shall pay directly or reimburse, up to a maximum of $20,000 (rather than $10,000) the burial expenses of each State police officer who is killed in the line of duty after June 30, 2018. Amends the Line of Duty Compensation Act. Provides that a burial benefit of up to a maximum of $20,000 (rather than $10,000) shall be payable to the surviving spouse or estate of a law enforcement officer or fireman who is killed in the line of duty after June 30, 2018.

Creates the Keep Illinois Families Together Act. Provides that the Attorney General, within 90 days of the effective date of this Act, in consultation with the appropriate stakeholders, shall propose new rules related to limiting assistance with immigration enforcement at the following facilities to the fullest extent possible consistent with federal and State law to ensure that these facilities remain safe and accessible to all Illinois residents, regardless of immigration status: (1) public schools, including public pre-schools and other early learning programs, public elementary and secondary schools, and public institutions of higher education; (2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities; (3) public libraries; (4) facilities operated by the Office of the Secretary of State; and (5) courthouses. Provides that within 6 months of the effective date of the Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose. Provides that a law enforcement agency or official may not inquire about the citizenship or immigration status or place of birth of any individual, including any person who has been arrested or detained by the agency, any person in the agency or official's custody, any person submitting to questioning by the agency or official, any crime victim, any witness, or any person who calls or approaches the law enforcement agency or official seeking assistance. Makes other changes. Fiscal Note (Dept. of Central Management Services) There is no fiscal impact to the Department of Central Management Services. Fiscal Note (Office of the Attorney General) HB 1637 would not have a significant fiscal impact on our Office as an existing bureau within the Office of the Attorney General could cover the work. House Floor Amendment No. 2 Replaces everything after the enacting clause. Creates the Keep Illinois Families Together Act. Provides that on or after the effective date of the Act, no law enforcement agency or official may enter into or remain in an agreement with U.S. Immigration and Customs Enforcement under a federal delegated authority program. Provides that nothing shall preclude a law enforcement official from otherwise executing that official's duties in ensuring public safety. Defines terms. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference at a sentencing hearing for a defendant who: (i) at the time of the proceeding was serving a sentence of imprisonment for another offense; and (ii) has agreed to enter a negotiated plea. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 5/106D-1 Adds reference to: 50 ILCS 705/10.23 new 720 ILCS 5/3-6 from Ch. 38, par. 3-6 720 ILCS 5/10-9 735 ILCS 5/13-225 Replaces everything after the enacting clause. Amends the Illinois Police Training Act. Provides that all law enforcement officers must take human trafficking training. Amends the Criminal Code of 2012. Provides that when the victim is 18 years of age or over at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses may be commenced within 25 years (rather than 3 years) after the commission of the offense. Provides that a company commits trafficking in persons when the company benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. Amends the Code of Civil Procedure. Provides that an action under the Trafficking Victims Protection Act must be commenced within 25 (rather than 10) years of the date the limitation period begins to run or within 25 (rather than 10) years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (1) that the sex trade, involuntary servitude, or human trafficking act occurred, and (2) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. Makes other changes. House Floor Amendment No. 3 Adds reference to: New Act 20 ILCS 2605/2605-99 new 50 ILCS 705/7 from Ch. 85, par. 507 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1.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. Provides that beginning June 1, 2020, a lodging establishment shall provide its employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department shall develop and publish the human trafficking recognition training program by July 1, 2020. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police shall conduct or approve a training program in the detection and investigation of all forms of human trafficking, including, but not limited to "involuntary servitude", "involuntary sexual servitude of a minor", and "trafficking in persons" and that the program shall be made available to all cadets and state police officers. In the amendatory changes to the Illinois Police Training Act, provides that the curriculum of police training schools shall include training in the detection and investigation of all forms of human trafficking. In the amendatory changes to the Criminal Code of 2012, provides that a company is criminally liable for trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. Makes other changes. Some provisions effective immediately.

Amends the Regulatory Sunset Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/1 Adds reference to: 305 ILCS 5/5-5.07 Replaces everything after the enacting clause. Amends the Medical Assistance Article of the Illinois Public Aid Code. Reenacts a Section of the Code that requires the Department of Children and Family Services to pay the DCFS per diem rate for inpatient psychiatric stay at a free-standing psychiatric hospital effective the 11th day when a child is in the hospital beyond medical necessity, and the parent or caregiver has denied the child access to the home and has refused or failed to make provisions for another living arrangement for the child or the child's discharge is being delayed due to a pending inquiry or investigation by the Department of Children and Family Services. Removes the repeal date for the Section and instead makes the Section inoperative on and after July 1, 2019. Effective immediately.