Rep. Anne Stava

Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.

Amends the Illinois Commercial Feed Act of 1961. Provides that pet food and specialty pet food are misbranded if the label fails to disclose whether the pet food contains a major food allergen. Defines "major food allergen" as milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from those foods.

Amends the Department of Human Services Act. Provides that subject to appropriation, a person is eligible for a diaper allowance of $30 per month per child if: the person's household income is at or below 50% of the federal poverty guidelines; the person is responsible for the welfare of a child 3 years of age or younger; and the child who is 3 years of age or younger receives medical assistance under the Illinois Public Aid Code. Provides that the diaper allowance may be used only to purchase diapers and shall be issued through an electronic benefit transfer card. Provides that the diaper allowance is not considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit provided under State law. Effective July 1, 2025.

Amends the Eviction Article of the Code of Civil Procedure. Repeals language regarding the discretionary sealing of court files and the mandatory sealing of court files. Requires the court to automatically order the impounding of any court file in a residential eviction action when: the parties agree to impound the court file; the court dismisses the case; either party files a satisfaction of judgment; the court enters judgment in favor of the tenant; or the court enters an eviction order against the tenant, but the complaint does not allege a material violation of the lease. Requires the court to order the impounding of any court file in a residential eviction action if the interests of justice in impounding the court file outweigh the public interest in maintaining a public record. Requires court files relating to the termination of bona fide leases in residential real estate in foreclosure and the right to possession to be impounded or placed under seal. Sets forth impounding requirements for residential eviction cases initiated prior to the effective date of the amendatory Act. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files. Provides that any person who disseminates a sealed or impounded court file is liable for a civil penalty of $2,000 or twice the actual and consequential damages, whichever is greater. Allows the Attorney General to enforce a violation of the provisions under the Consumer Fraud and Deceptive Business Practices Act. Sets forth notice requirements for the court when a plaintiff has not further prosecuted an eviction action for a period of 180 days. Allows for the dismissal of such a case if the plaintiff fails to take further action after such notice is received. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against a day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Defines terms. Effective July 1, 2023.

Amends the Cannabis Regulation and Tax Act. Provides that cannabis packaging must not contain neon or fluorescent colors; the words "candy", "candies", or any variant of those words, such as "kandy" or "kandeez"; things that are commonly used to market products to individuals under the age of 21, including symbols, images, characters, public figures, or phrases; or images of individuals who could reasonably appear to be under the age of 21. Modifies a prohibition of images on labels designed or likely to appeal to minors to include games. Makes conforming changes.

Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical Leave Insurance Account Fund. Provides phase-in periods for the collection of money and making of claims for benefits under the Act. Effective January 1, 2024.

Amends The Making of Nominations by Political Parties Article of the Election Code. In provisions concerning petitions for nomination, provides that a statement of candidacy shall set out an email address for the candidate.

Amends the Illinois Secure Choice Savings Program Act. Removes all references to and the definition of "small employer". Provides that the Act applies to employers with at least one employee (rather than employers with fewer than 25 employees). Requires the Illinois Secure Choice Savings Board to (i) establish annual automatic increases to the contribution rates and (ii) verify employee eligibility for auto-enrollment in accordance with the Internal Revenue Code and applicable federal and State laws. Makes changes regarding penalties for employers who fail, without reasonable cause, to enroll an employee in the Illinois Secure Choice Savings Program (Program). Provides that, for purposes of the penalties, the Department of Revenue shall determine total employee count for employers using the annual average from employer-reported quarterly data. Provides that the Department may provide notice regarding penalties in an electronic format to be determined by the Department. Removes a provision authorizing the Department to implement the penalties 9 months after the Illinois Secure Choice Savings Board notifies the Director of Revenue that the Program has been implemented. Senate Committee Amendment No. 1 Provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements. House Committee Amendment No. 1 Deletes reference to: 820 ILCS 80/5 820 ILCS 80/30 820 ILCS 80/60 820 ILCS 80/85 Adds reference to: 820 ILCS 115/15 from Ch. 48, par. 39m-15 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Makes a technical change in a Section concerning the short title. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 208, as amended by HA 3, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0208, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 208, as amended by House Amendment 3, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included in Senate Bill 208, House Amendment #3; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) Corrections Population Impact: None; Fiscal Impact: $68,984,327 over a ten-year period House Floor Amendment No. 4 Deletes reference to: 820 ILCS 115/15 Adds reference to: New Act 30 ILCS 105/5.990 new Replaces everything after the enacting clause. Creates the Paid Leave for All Workers Act. Requires employers to provide paid leave to employees for any purpose. Sets forth provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that an employee who works in this State is entitled to earn and use a minimum of 40 hours of paid leave during a 12-month period. Makes it unlawful for an employer to interfere with, restrain, deny, change scheduled work days or hours to avoid paid leave, or discipline an employee for the exercise of any right under the Act. Authorizes the Department of Labor to administer and enforce the Act. Provides for the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Amends the State Finance Act. Creates the Paid Leave for All Workers Fund as a special fund in the State treasury. Effective January 1, 2024

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.