Rep. Sue Scherer

Amends the Illinois Income Tax Act. Creates an income tax credit for an Illinois business that increases its average full-time employee head count in the State for the taxable year by more than 20% over its average full-time employee head count in the State for the immediately preceding taxable year. Provides that the amount of the credit is 20% of its tax liability under this Act (other than its withholding tax liability) for the taxable year. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997. Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 5/16-101 Adds reference to: 220 ILCS 5/16-115A 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-123 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Amends the Public Utilities Act. Adds additional requirements concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides requirements concerning alternative retail electric and gas supplier utility assistance recipients. Provides additional requirements concerning alternative retail electric and gas supplier utility single billing. Authorizes electric utilities to disclose and furnish specified information to customers concerning supply price and electric power and energy supply rate offers. Provides for additional information concerning electric and gas utilities to be submitted to the Illinois Commerce Commission in specified reports. Provides that the utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall not include the purchased electricity adjustment. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and solicitation of services. Makes other changes. Senate Floor Amendment No. 3 In marketing materials, requires the price to compare or utility gas supply cost rate beginning on (rather than on) the effective date of the price to compare. Makes grammatical changes in references to the Low Income Home Energy Assistance Program and the Percentage of Income Payment Plan. Provides that an agreement between an alternative retail electric supplier and a consumer who either received financial assistance in the last 12 months from the Low Income Home Energy Assistance Program or, at the time of enrollment, is participating in the Percentage of Income Payment Plan is void and unenforceable. Requires that alternative gas suppliers submit to the Illinois Commerce Commission and the Office of the Attorney General the rates the retail gas supplier charged to residential customers in the prior year (rather than prior quarter). In provisions requiring alternative gas suppliers to disclose the utility gas supply cost rates per therm price to compare, requires the alternative gas supplier to disclose the date on which the utility gas supply cost rates per therm became effective and the date on which they will expire. Requires that certain written information provided by an alternative retail gas supplier to a customer switching from another supplier shall be provided in a language in which the customer subject to the marketing or solicitation is able to understand and communicate, and the alternative retail gas supplier shall comply with specified provisions of the Consumer Fraud and Deceptive Business Practices Act. Makes changes in provisions concerning alternative retail gas supplier and utility assistance recipients. Makes other changes. House Committee Amendment No. 1 Adds reference to: 220 ILCS 5/16-115 220 ILCS 5/16-115A 220 ILCS 5/16-115B 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-119 220 ILCS 5/16-123 220 ILCS 5/19-110 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-120 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with additions and changes. Adds provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers, and provides additional requirements for the granting of a certificate of service authority. Makes changes in provisions concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides additional oversight requirements by the Illinois Commerce Commission of alternative retail electric suppliers and alternative gas suppliers. Makes changes in provisions concerning financial assistance recipients. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and services. Makes other changes. House Floor Amendment No. 3 In a Section of the Consumer Fraud and Deceptive Business Practices Act relating to alternative retail electric suppliers, limits the disclosure of comparison prices and a related explanatory statement to consumers who are either small commercial retail customers or residential consumer (currently, these disclosures are made to all consumers).

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a rebate card that charges dormancy fees or other post-issuance fees. Defines "rebate card". Senate Committee Amendment No. 1 Provides that the prohibition on imposing post-issuance fees in connection with a rebate made by means of a rebate card applies only to fees charged to the consumer.

Creates the Illinois Student Loan Investment Act. Provides for the establishment, operation, and administration of the Student Investment Account by the State Treasurer. Provides that the State Treasurer shall establish fees to cover the costs of administration, recordkeeping, marketing, and investment management related to the Student Investment Account. Provides that the State Treasurer may charge and collect insurance premiums and deduct wages under the Act. Requires the State Treasurer to develop, publish, and implement one or more investment policies covering the investment of moneys under the Act. Provides for the creation and use of specified Funds to be held outside of the State Treasury with the State Treasurer as custodian. Provides for the adoption of rules. Amends the Deposit of State Moneys Act. Allows the State Treasurer to invest or reinvest State money in, among other items or purposes, investments made in accordance with the Student Loan Investment Act. Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Creates the Student Investment Account Act (currently, the Student Loan Investment Act). Adds a provision concerning the use of earnings from the Student Investment Account. Modifies provisions concerning the establishment, operation, and administration of the Student Investment Account by the State Treasurer, and adds requirements concerning income share agreements and income share agreement providers. Allows the State Treasurer to enter into income share agreements with participants (currently, borrowers) and to facilitate such arrangements between participants and eligible income share agreement providers (currently, lenders). Provides that the State Treasurer or his or her designee (currently, only State Treasurer) may charge and collect insurance premiums under the Act. Provides for the creation and use of specified Funds as non-appropriated separate and apart trust funds in the State Treasury (currently, Funds to be held outside of the State Treasury with the State Treasurer as custodian). Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" does not include, among other entities, the State Treasurer (currently, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf). Modifies and defines terms. Makes other changes. Effective immediately. House Floor Amendment No. 1 Provides that "student loan servicer" or "servicer" includes persons or entities acting on behalf of the State Treasurer. Modifies findings and purpose provisions.

Amends the Consumer Installment Loan Act and the Payday Loan Reform Act. Provides that "substantially equal installment" includes a last regularly scheduled payment that is no more than 5% as large as the previous scheduled payment according to a disclosed payment schedule agreed to by the parties. Effective immediately. Senate Committee Amendment No. 1 Provides that "substantially equal installment" includes a last regularly scheduled payment that may be less than, but not more than 5% larger than, the previous scheduled payment rather than a regularly scheduled payment that is no more than 5% as large as the previous scheduled payment according to a disclosed payment schedule agreed to by the parties. House Floor Amendment No. 1 Adds reference to: 205 ILCS 670/15 from Ch. 17, par. 5415 815 ILCS 5/2.11 from Ch. 121 1/2, par. 137.2-11 815 ILCS 5/2.12b from Ch. 121 1/2, par. 137.2-12b 815 ILCS 5/3.5 new 815 ILCS 5/8 from Ch. 121 1/2, par. 137.8 815 ILCS 5/12 from Ch. 121 1/2, par. 137.12 815 ILCS 122/2-5 815 ILCS 5/2.10a rep. Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Amends the Illinois Securities Law of 1953. Makes changes to the definition of "investment adviser" and "investment adviser representative". Provides that the Secretary of State has the authority to enforce the provisions of the Act as it pertains to the offer, sale, or investment advice concerning covered securities under the Act. Provides that every registered dealer, limited Canadian dealer, Internet portal, and investment adviser shall provide to the Secretary of State, upon request, such accounts, correspondence, memoranda, papers, books, and records as the Secretary of State may by rule prescribe, that it possesses and that it preserves for periods of longer than 3 years. Provides that it a violation of the Act to make a false or misleading statement during sworn testimony before the Secretary of State or the Illinois Securities Department within the Office of the Secretary. Removes the definition for "telephone solicitor". Effective immediately.

Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption. Effective immediately. House Committee Amendment No. 2 Adds reference to: 35 ILCS 200/9-275 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with 3,000,000 or more inhabitants, for taxable years 2020 through 2024, a taxpayer who has been granted a senior citizens homestead exemption need not reapply (currently, the taxpayer must reapply annually). Provides that, if the property ceases to be qualified for that exemption in any year for which a reapplication is not required, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. Provides that the chief county assessment officer shall enter into intergovernmental agreements with the county clerk of his or her county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted a senior citizens homestead exemption. Makes conforming changes in provisions concerning erroneous homestead exemptions. Effective immediately.

Amends the State Treasurer Act. Provides that, subject to the provisions of the Public Contract Fraud Act, the State Treasurer is authorized during fiscal years 2019 and 2020 to purchase real property located in the City of Springfield, Illinois which the State Treasurer deems necessary to properly carry out the powers and duties vested in him or her. Provides that, subject to provisions of the Treasurer's Procurement Rules, the State Treasurer may enter into contracts relating to construction, reconstruction, or renovation projects for any such buildings or lands acquired under this Act, and the State Treasurer may equip, lease, operate, and maintain those grounds, buildings, and facilities as may be appropriate to carry out the State Treasurer's statutory purposes and duties. Provides that the State Treasurer may enter into agreements with any person with respect to the use and occupancy of the grounds, buildings, and facilities of the State Treasurer, including concession, license, and lease agreements on terms and conditions as the State Treasurer determines and in accordance with the procurement processes for the Office of the State Treasurer, which shall be substantially in accordance with the requirements of Illinois Procurement Code. Provides that exercise of the authority vested by this Act is subject to the appropriation of the necessary funds. Amends the State Finance Act. Expands the use of moneys in the State Pension Fund to include the acquisition of land and buildings in State fiscal year 2019 and 2020 for use by the Office of the State Treasurer, as well as construction, reconstruction, improvement, repair, and maintenance, in accordance with the provisions of laws relating thereto, of such lands and buildings beginning in State fiscal year 2019 and thereafter. Effective immediately. House Committee Amendment No. 1 Provides that the State Treasurer is authorized to acquire (currently, purchase) real property located in Springfield, Illinois. Provides that real property acquired by the State Treasurer under specified provisions may be acquired subject to any third party interests in the property that do not prevent the State Treasurer from exercising the intended beneficial use of such property. Removes provisions concerning the form in which property may be acquired by the State Treasurer. Removes provisions concerning a leaseback of property. Modifies the term "operational expenses of the Office of the State Treasurer".

Amends the Environmental Protection Act. Codifies the findings and recommendations of the Mahomet Aquifer Task Force established under P.A. 100-0403. Provides that the Environmental Protection Agency shall identify unlined, thinly covered legacy landfills for inspection and study the landfills after prioritizing them based on potential hazards to surface water and groundwater resources. Prescribes required qualifications for Agency inspectors designated to identify and inspect legacy landfills. Provides that the Agency shall collect and archive information about landfills for present and long-term use, including manifests and engineering records. Provides that the Agency shall assemble location information about industries and companies that generate waste and that the resulting records should be available for use as confidential information by regulatory agencies but shall not be subject to the Freedom of Information Act. Amends the Illinois Groundwater Protection Act. Provides that, subject to appropriation, the Agency, in consultation and cooperation with the Illinois State Geological Survey and the Illinois State Water Survey, shall design and implement a Pilot Project at the Pekin Metro Landfill in Tazewell County, to be completed by December 31, 2020. Provides that the Pilot Program shall perform specified tasks. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 2, and makes the following changes: Provides that, when prioritizing the unregulated or underregulated landfills (currently, only landfills) that overlie the Mahomet Aquifer for inspection, the Agency shall consider the specified factors. Requires the Agency to identify unknown, unregulated, or underregulated (currently, unpermitted) waste disposal sites that overlie (currently, that are located within the boundaries of) the Mahomet Aquifer. Removes language requiring the Prairie Research Institute to offer specified training to instruct landfill instructors for the routine inspection and management of landfills. Removes language requiring the Prairie Research Institute to provide the Agency with updates on developments in specified technologies and systems. Requires the Agency to (i) archive information about landfills prioritized for response action following inspection and investigation, including their ownership, operational details, and waste disposal history, and (ii) assemble location information about industries and companies that generate waste. Removes language requiring the information to be available for use as confidential information but exempted from the Freedom of Information Act. Removes language requiring the Agency to utilize the information and data collected from the project to create best management practices for addressing other landfills throughout the State. Requires the Agency, following the completion of the pilot project response actions, to (i) evaluate the use of aerial photography and other remote sensing technologies to aid in the inspection and investigation of landfills; and (ii) identify additional procedures, requirements, or authorities that may be appropriate or necessary to address threats to human health and the environment from other unregulated or underregulated landfills throughout the State. House Floor Amendment No. 1 Adds reference to: 415 ILCS 5/13.9 new Further amends the Environmental Protection Act to require the Prairie Research Institute to conduct a Mahomet Aquifer natural gas storage study using specified methods.

Amends the Educator Licensure Article of the School Code. With regard to the fee Section, moves and changes a provision concerning the license renewal fee for an Educator License with Stipulations with a paraprofessional educator endorsement. With regard to the alternative educator licensure program, provides that, in addition to other requirements, an individual must pass the State Board of Education's teacher performance assessment (rather than pass the assessment of professional teaching) no later than the end of the first semester of his or her second year of residency (rather than before entering the second residency year). Effective immediately. House Floor Amendment No. 1 Adds reference to: 105 ILCS 5/10-20.21 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the School Code. With regard to the requirement that all contracts for the purchase of supplies and materials or work involving an expenditure in excess of $25,000 or a lower amount as required by school board policy be awarded to the lowest responsible bidder, exempts contracts for the purchase of fuel, including diesel, gasoline, oil, aviation, natural gas, or propane, lubricants, or other petroleum products (rather than contracts for the purchase of natural gas when the cost is less than that offered by a public utility). With regard to the alternative educator licensure program, restores a provision requiring an individual to pass the State Board of Education's teacher performance assessment before entering the second residency year. Effective immediately.

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.