Rep. Tony McCombie

Amends the Retailers' Occupation Tax Act. Provides that a "marketplace facilitator" does not include a person licensed under the Auction License Act, except for an Internet auction listing service, as defined in the Auction License Act. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 Replaces everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Effective immediately.

Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law. House Floor Amendment No. 1 Provides that "offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals (rather than to display, sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals). Provides that provisions concerning the prohibition of dogs and cats sold by pet shops shall not prohibit a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

Creates the Privacy of Adult Victims of Criminal Sexual Offenses Act. Defines "adult victim" and "criminal history record information." Provides that notwithstanding any other law to the contrary, inspection and copying of law enforcement records maintained by any law enforcement agency or all circuit court records maintained by any circuit clerk relating to any investigation or proceeding pertaining to a criminal sexual offense, by any person not exempted by this Act, shall be restricted to exclude the identity of the adult victim without a court order. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the criminal history record information relating to the investigation of the offense or alleged offense shall be transmitted to the superintendent of schools if certain conditions are met. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records, and removes "parent" from the list of exempt individuals. Provides that a court may for the adult victim's protection and for good cause shown, prohibit any person or agency present in court from further disclosing the adult victim's identity. Provides that a court may prohibit such disclosure only after giving notice and a hearing to all affected parties. Provides that in determining whether to prohibit disclosure of the adult victim's identity the court shall consider: (a) the best interest of the adult victim; and (b) whether such nondisclosure would further a compelling State interest. Provides that the copy of the criminal history record information that is to be provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. Provides that the superintendent shall be restricted from revealing the identity of the adult victim. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.

Amends the Illinois Enterprise Zone Act. With respect to new wind power facilities and Wind Energy Businesses, repeals language providing that (i) the penalties for failure to comply with the Prevailing Wage Act are limited to the penalties identified in the Prevailing Wage Act and (ii) the Department of Commerce and Economic Opportunity may not revoke a High Impact Business designation as a result of the failure to comply with the Prevailing Wage Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Illinois Enterprise Zone Act. Provides that "new wind power facility" includes the replacement of an existing electric generation facility, including the demolition and removal of an electric generation facility irrespective of whether it will be replaced. Provides that a new wind power facility shall be deemed to include any permanent structures associated with the electric generation facility. Effective immediately.

Amends the Nursing Home Care Act. In provisions requiring the Department of Public Health to adopt a protocol specifying how informed consent for psychotropic medication may be obtained or refused that requires a discussion between the resident or the resident's surrogate decision maker and the resident's physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department, (i) removes language prohibiting the registered pharmacist from being a dispensing pharmacist for the facility where the resident lives and (ii) specifies that a licensed nurse includes a licensed practical nurse. Provides that specified forms shall be designated (rather than developed) by the Department and may be able to be downloaded from a website designated by the Department (other than the Department's official website). Provides that the maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase in dosage (rather than a change in dosage), unless the physician's order for which informed consent was given provides for an increase in dosage. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each form designated or developed (rather than designated) by the Department of Public Health shall conform with specified requirements. Provides that the maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase or decrease in dosage, dosage range, or titration schedule of the prescribed medication that was not included in the original informed consent (rather than the change in the type of psychotropic medication or an increase in dosage, unless the physician's order for which informed consent was given provides for an increase in dosage). Provides that when informed consent is not required for a change in dosage, the facility shall note in the resident's file that the resident was informed of the dosage change prior to the administration of the medication or that verbal, written, or electronic notice has been communicated to the resident's surrogate decision maker that a change in dosage has occurred. Effective immediately. House Floor Amendment No. 1 In provisions requiring that the protocol adopted by the Department of Public Health specifying how informed consent for psychotropic medication may be obtained or refused include a discussion between specified persons, removes language providing that a licensed nurse includes, but is not limited to, a licensed practical nurse. Provides that "licensed nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner". House Committee Amendment No. 1 Adds reference to: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. In a provision concerning relief from firearm prohibitions, provides that Department of Corrections employees authorized to possess firearms (in addition to active law enforcement officers) may apply to the Director of State Police requesting relief if certain conditions are met. Makes conforming changes to a provision concerning grounds for denial and revocation. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine an employee's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why an employee has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".

Amends the Grant Accountability and Transparency Act. Provides that for public institutions of higher education, specified provisions of the Act apply only to awards funded by federal pass-through awards from a State agency to public institutions of higher education (currently, also applies to awards funded by State appropriations). Provides that the Act shall recognize specified provisions of the Code of Federal Regulations as applicable to public institutions of higher education. Effective immediately. House Floor Amendment No. 3 Adds reference to: 30 ILCS 740/2-3 from Ch. 111 2/3, par. 663 30 ILCS 740/2-4 from Ch. 111 2/3, par. 664 30 ILCS 740/2-5 from Ch. 111 2/3, par. 665 30 ILCS 740/2-5.1 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667 30 ILCS 740/2-9 from Ch. 111 2/3, par. 669 30 ILCS 740/2-10 from Ch. 111 2/3, par. 670 30 ILCS 740/2-11 from Ch. 111 2/3, par. 671 30 ILCS 740/2-12 from Ch. 111 2/3, par. 672 30 ILCS 740/2-13 from Ch. 111 2/3, par. 673 30 ILCS 740/2-14 from Ch. 111 2/3, par. 674 30 ILCS 740/2-15.2 30 ILCS 740/2-15.3 30 ILCS 740/2-17 from Ch. 111 2/3, par. 678 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the requirements established under the Grant Accountability and Transparency Act do not apply to allocations of State revenues paid over by the Comptroller to units of local government and other taxing districts pursuant to the State Revenue Sharing Act from the Local Government Distributive Fund or the Personal Property Tax Replacement Fund, or to allotments of State motor fuel tax revenues distributed by the Department of Transportation to units of local government pursuant to the Motor Fuel Tax Law from the Motor Fuel Tax Fund or the Transportation Renewal Fund. Amends the Downstate Public Transportation Act. Provides that commencing with State fiscal year 2022 programs, and for each fiscal year thereafter, all appropriations made under the provisions of the Act shall not constitute a grant program subject to the requirements of the Grant Accountability and Transparency Act. Provides that the Department of Transportation shall approve programs of proposed expenditures and services submitted by participants under specified provisions. Provides that in the event the Department is prevented from processing applications or certifying that a participant meets specified requirements due to extraordinary circumstances beyond its control, the certification deadline for that application shall be stayed until the Department is able to process and certify the same. Provides that notice from the Department, as well as an explanation of the extraordinary circumstances, shall be provided to each participant affected by such delay. Provides for the adoption of rules to govern participants. Provides requirements for participant applications for funding concerning a program of proposed expenditures and services. Provides additional requirements for specified units of local government when applying for the approval of the program of proposed expenditures and services. Specifies further requirements for participants to receive funding. Makes conforming changes. Effective immediately.

Creates the Pembroke Township Natural Gas Investment Pilot Program Act. Directs the Department of Commerce and Economic Opportunity to create a pilot program for the distribution of grants for the construction of new natural gas pipelines and infrastructure in Pembroke Township. Requires applicants for grants to demonstrate that the grants will result in the construction of a new natural gas pipeline to provide natural gas to the residents of the township. Provides that the Department shall report annually to the Governor and General Assembly beginning in 2022 regarding cost estimates for the Pilot Program, recommendations for improvement to the Pilot Program, and a recommendation as to whether the Pilot Program should be continued. Amends the State Finance Act to create the Pembroke Township Natural Gas Investment Pilot Program Fund as a special fund in the State treasury. Amends the Public Utilities Act. Provides that a gas public utility may apply for a certificate of public convenience and necessity to increase its gas service territory and extend its gas distribution system to serve a designated hardship area. Provides that the Illinois Commerce Commission shall, after notice and hearing, grant a certificate of public convenience and necessity if, based upon the application filed with the Commission and the evidentiary record, the Commission finds that specified criteria are satisfied. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces provisions concerning the Pembroke Township Natural Gas Investment Pilot Program with language providing that the Department of Commerce and Economic Opportunity shall create the Pembroke Township Natural Gas Investment Pilot Program for a duration of 5 years. Provides that the Department shall distribute grants, subject to appropriation, from moneys in the Pembroke Township Natural Gas Investment Fund for the conversion of appliances to be compatible with natural gas. Provides that the Department shall adopt rules for the administration of the Program. Provides that, at a minimum, the rules shall require that the applicant for the grants demonstrate that the grants will result in the conversion of necessary equipment to have the ability to utilize natural gas. Provides that the rules shall allow for conversion grants awarded to residents of Pembroke Township and to Pembroke Township to provide assistance for the use of natural gas and shall ensure that the applicant complies with all other requirements of the rules. In provisions amending the Public Utilities Act, makes changes concerning what a gas public utility applying for a certificate of public convenience and necessity shall include in the application and the criteria the Illinois Commerce Commission shall consider in granting the certificate. Effective immediately.

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all State agencies shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses for purposes of participating in the Business Enterprise Program, when such certification was provided by any entity having certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/8k new Adds reference to: 30 ILCS 575/8l new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the Business Enterprise Program (rather than State agencies) shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Makes other changes.

Amends the State Commemorative Dates Act. Provides that the second day of April of each year is a holiday to be known as Autism Awareness Day to be observed throughout the State as a day to promote the awareness of autism. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Autism Awareness Day as a holiday. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/1-6 30 ILCS 500/15-45 105 ILCS 5/24-2 205 ILCS 630/17 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Awareness Week (rather than designated as a holiday to be known as Autism Awareness Day) to be observed throughout the State as a week to promote the awareness of autism and to encourage school districts, organizations, businesses, and local residents to support this week and participate in informed educational events planned to commemorate the occasion. Removes provisions creating Autism Awareness Day as a holiday. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Acceptance Week (rather than Autism Awareness Week). Makes conforming changes.