Rep. Dee Avelar

Creates the Not-for-Profit Business Enterprise Act. Allows for the certification of and the preference in awarding of State contracts to minority-led not-for-profit organizations, woman-led not-for-profit organizations, and not-for-profit organizations led by a person with a disability under the Act. Provides further requirements concerning the awarding of State contracts and certification. Requires State agencies and institutions of higher education to annually file with the Business Enterprise Council a compliance plan for contracting with minority-led not-for-profit organizations, woman-led not-for-profit organizations, and not-for-profit organizations led by a person with a disability. Provides enforcement provisions. Provides for the adoption of rules necessary to implement and enforce the requirements of the Act. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides the Business Enterprise Council with the authority and responsibility to devise a certification procedure for not-for-profit organizations and to make a list of all not-for-profit organizations legitimately classified as a minority-led not-for-profit organization, a woman-led not-for-profit organization, or a not-for-profit organization led by a person with a disability for purposes of the Not-for-Profit Business Enterprise Act. Amends the Public Utilities Act. Provides that specified supplier diversity goal requirements under the Act apply to minority-led not-for-profit organizations, woman-led not-for-profit organizations, and not-for-profit organizations led by a person with a disability. Defines terms. Makes other changes. House Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Creates the Diversity in Not-for-Profit Act (rather than the Not-for-Profit Business Enterprise Act). Allows any State agency, county, or unit of local government of the State of Illinois that certifies entities under a disadvantaged business enterprise program (rather than the Business Enterprise Council) to certify organizations as minority-led not-for-profit organizations, woman-led not-for-profit organizations, and not-for-profit organizations led by a person with a disability under the Act. Removes provisions concerning the awarding of State contracts, agency compliance plans, and enforcement. Removes provisions under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act that provide the Business Enterprise Council with the authority and responsibility to devise certification procedures. Defines terms. Makes conforming changes.

Amends the Landlord and Tenant Act. Restricts a landlord from requiring a tenant or prospective tenant to remit any amount due to the landlord by means of an electronic funds transfer. Provides that beginning 90 days after the effective date of the amendatory Act, a landlord who violates the provision is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and is subject to a civil penalty of $100 for each violation. Provides that a landlord who commits a second violation within 5 years of the first violation is subject to a civil penalty of $200, and a landlord who commits a third violation within 5 years of the first or second violation is subject to a civil penalty of $300. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Amends the Workers' Compensation Act. Replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides that the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission. Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4a-2 from Ch. 48, par. 138.4a-2 820 ILCS 305/4a-4 from Ch. 48, par. 138.4a-4 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 820 ILCS 305/4a-6.1 from Ch. 48, par. 138.4a-6.1 820 ILCS 305/4a-7 from Ch. 48, par. 138.4a-7 820 ILCS 305/13 from Ch. 48, par. 138.13 820 ILCS 305/14 from Ch. 48, par. 138.14 Adds reference to: 820 ILCS 115/13.5 new Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney's fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. Senate Floor Amendment No. 2 Makes various changes to the bill, as amended by Senate Amendment No. 1, with respect to terminology, the definition of "private work", a primary contractor's liability, and claims brought pursuant to the new provisions. Defines "construction" as building, altering, repairing, improving, or demolishing any structure or building, or making improvements of any kind to real property.

Amends the Crematory Regulation Act. Provides that "cremation" includes natural organic reduction. Defines "natural organic reduction". Effective immediately.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides for continuing education cultural competency trainings for health care professionals. Defines "cultural competency" and "health care professional". Provides that the cultural competency training includes information on sensitivity relating to providing affirming care to people in the person's preferred language, people with disabilities, people who are intersex, people living with HIV, and people of diverse sexual orientations and gender identities. Provides that for the first license or registration renewal occurring after the effective date of the amendatory Act, a health care professional who has continuing education requirements must complete at least 5 hours in cultural competency training. Provides that for the first license or registration renewal occurring after the effective date of the amendatory Act, a person licensed or registered by the Department of Financial and Professional Regulation under the Medical Practice Act of 1987 and who has continuing education requirements must complete at least 10 hours in cultural competency training. Provides that the hours required for cultural competency count toward meeting minimum hours required for continuing education. Effective January 1, 2023.

Amends the Counties Code and Illinois Municipal Code. Provides that a veteran who is honorably discharged from the Armed Forces of the United States and is a resident of a county or municipality shall not be required to pay any county or municipal license fee for a business selling or providing services if the veteran is the sole proprietor of the business. Limits home rule powers.

Congratulates Terry Cosgrove on his retirement from serving as the president and CEO of Personal PAC. Further commends him for his years of dedicated service.

Amends the Employee Sick Leave Act. Removes language exempting from coverage under the Act an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act.

Amends the Illinois Act on the Aging. In provisions concerning the Council on Aging, provides that at least 7 citizen members shall represent underrepresented communities, including, but not limited to: one member who is a lesbian, gay, bisexual, or queer individual; one member who is a transgender or gender-expansive individual; one member who is an African-American or Black individual; and one member who is an Asian-American or Pacific Islander individual. Creates the Illinois Commission on LGBTQ Aging to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers. Requires the Commission to make recommendations to improve access to benefits, services, and supports for LGBTQ older adults and their caregivers. Requires the Commission to: examine the impact of State and local laws, policies, and regulations on LGBTQ older adults and make recommendations to ensure equitable access, treatment, care and benefits, and overall quality of life; and examine strategies to increase provider awareness of the needs of LGBTQ older adults and their caregivers and to improve the competence of and access to treatment, services, and ongoing care, including preventive care; and carry out other duties. Contains provisions concerning: members appointed to the Commission; Commission meetings and reports; an LGBTQ Older Adult Advocate to advocate for LGBTQ older adults and older adults living with HIV who experience barriers to accessing and utilizing services; an LGBTQ Older Adult Curriculum and Training Program; and other matters. Effective immediately.

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to select and enter into a contract with a packaging stewardship organization to operate a packaging stewardship program meeting specified requirements. Provides that, beginning one calendar year following the effective date of the contract entered into by the Agency and the stewardship organization, a producer may not sell, offer for sale, or distribute for sale in or into the State a product contained, protected, delivered, presented, or distributed in or using packaging material for which the producer has not complied with all applicable requirements of the provisions. Provides that the stewardship organization shall annually submit to the Agency and make available on its publicly accessible website a report with specified requirements. Provides that the stewardship organization shall annually disburse to participating municipalities from a packaging stewardship fund reimbursement payments for the median per-ton cost of managing packaging material that is readily recyclable and reimbursement payments for the median per-ton cost of managing packaging material that is not readily recyclable. Requires the Agency to administer and enforce the provisions and to adopt rules as necessary to implement, administer, and enforce the provisions. Contains other provisions.