Rep. Natalie Manley

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 2 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person shall not sell or offer at auction salvage vehicles to a nonresident individual or business in the United States unless the nonresident is licensed in another state or jurisdiction, provides a National Motor Vehicle Title Information System (NMVTIS) number, a social security number or federal employment identification number, and resale tax certificate, if applicable. Provides that a person in the State shall not sell or offer at auction salvage vehicles to an out-of-country buyer unless the out-of-country buyer is licensed in its jurisdiction as a recycler or rebuilder and provides a foreign license number, passport, or other form of identification issued by the foreign jurisdiction. Provides that an out-of-country buyer who provides a business address not within the sovereign boundaries of the United States shall receive a title stamped with the designation of "export only" at the point of sale. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Adds reference to: 30 ILCS 105/5.891 new 625 ILCS 5/11-709 from Ch. 95 1/2, par. 11-709 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 625 ILCS 5/11-907.5 705 ILCS 135/15-70 720 ILCS 5/9-3 from Ch. 38, par. 9-3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 730 ILCS 5/5-5-3.2 Replaces everything after the enacting clause. Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the zipper merge method when merging into a reduced number of lanes (drivers in merging lanes are expected to use both lanes to advance to the lane reduction point and merge at that location, alternating turns). House Floor Amendment No. 2 Adds reference to: 625 ILCS 5/6-109 625 ILCS 5/11-907.1 new Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle. Creates the Move Over Task Force to study the issue of violations of the provisions of the Code prescribing how to safely enter a highway construction zone, approach a disabled vehicle, and approach an authorized emergency vehicle. Prescribes membership for the Task Force. Provides that the Task Force shall meet no fewer than 3 times and shall present its report and recommendations to the General Assembly no later than January 1, 2020. Repeals the Task Force on January 1, 2021. House Floor Amendment No. 3 Adds to the Move Over Task Force one representative, appointed by the Governor, from a bona fide labor organization representing certified road flaggers and other road construction workers.

Amends the Public Officer Prohibited Activities Act. Provides that an elected or appointed official of a unit of local government may not hire or appoint himself or herself to a second position in the unit of local government if the second position is a salaried or hourly position. Allows the governing body of the unit of local government to hire or appoint an elected or appointed official to a second position in the unit of local government with a salary or hourly wages by ordinance or resolution if the ordinance or resolution states the salary or total compensation of an hourly position. Effective immediately. Senate Committee Amendment No. 1 (Senate recedes Jun 02, 2019) Provides that an elected or appointed official of a unit of local government may not hire or appoint himself or herself to a position (rather than a second position) in the unit of local government if the position is a salaried or hourly position. Provides that the governing body of the unit of local government may consolidate positions within the unit of local government (rather than hire or appoint an elected or appointed official to a second position in the unit of local government with a salary or hourly wages) by ordinance or resolution if the ordinance or resolution states the salary or total compensation of the combined position. Senate Committee Amendment No. 2 (Senate recedes Jun 02, 2019) Deletes reference to: 50 ILCS 105/4.1 new Adds reference to: 50 ILCS 50/5 50 ILCS 50/10 50 ILCS 50/15 50 ILCS 50/20 50 ILCS 50/25 50 ILCS 50/30 50 ILCS 50/35 50 ILCS 50/42 new 50 ILCS 50/45 new 50 ILCS 50/50 new 50 ILCS 50/40 rep. Replaces everything after the enacting clause. Amends the Property Assessed Clean Energy Act. Modifies and deletes various definitions. Expands and changes the financing or refinancing that a governmental unit (rather than a local unit of government) or the Illinois Finance Authority may use for assessment contracts. Provides that a governmental unit or the Authority may sale and assign assessment contracts without competitive bidding or the solicitation of requests for proposals or requests for qualifications. Changes elements required in an ordinance or resolution establishing a property assessed clean energy program. Changes elements required to be included in a property assessed clean energy program report. Changes requirements of assessment contracts in a program. Provides that assessments under the program may be included in property tax bills and establishes procedures for billing and collection of assessments. Modifies how PACE bonds are issued and paid, including that the State will not limit or alter the rights and powers vested in governmental units by this Act or in the Authority in accordance with this Act. Provides that the provisions of the Act are intended to be supplemental and in addition to all other powers or authorities granted to any governmental unit, shall be construed liberally, and shall not be construed as a limitation of any power or authority otherwise granted. Requires PACE bonds to contain a recital. Validates all actions and bonds issued prior to the effective date of the amendatory Act. Repeals provisions on joint property assessed clean energy programs. Makes other changes. Effective immediately. Senate Committee Amendment No. 3 (Senate recedes Jun 02, 2019) Makes organizational and grammatical changes. Changes a cross-reference. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2, as amended by Senate Amendment No. 3, with the following changes: Removes cost of collecting assessments from costs allowed to be included in the amount of financing or refinancing. Modifies the definitions of "assessment", "property", "record owner", and "resiliency improvement". Modifies the requirements of the program report. Changes requirements of property that may be subject to an assessment contract. Removes provisions allowing a county collector to charge flat fees relating to collection of assessments. Removes language providing that a record owner waives objects to assessments related to assessment contracts when entering into the assessment contract. Makes grammatical changes. Makes other changes. Effective immediately. Senate Floor Amendment No. 5 Provides that "capital provider" means any credit union, federally insured depository institution, insurance company, trust company, or other entity (rather than institution) approved by a governmental unit or its program administrator or program administrators that finances or refinances an energy project by purchasing PACE bonds issued by the governmental unit or the Authority for that purpose. Corrects typographical errors.

Amends the Criminal Code of 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense). Makes conforming changes.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services, in coordination with specified entities, to develop and process a standardized survey to gather feedback from children who are aging out of foster care and from children who have transitioned out of the foster care system. Provides that the survey shall include requests for information regarding the children's experience with and opinion of State foster care services, the children's recommendations for improvement of such services, the amount of time the children spent in the foster care system, and any other information deemed relevant by the Department. Provides that after the survey is created the Department shall circulate the survey to all youth participating in transitional living programs, independent living programs, or Youth in College and to all youth receiving scholarships or tuition waivers under the DCFS Scholarship Program. Requires the Department to conduct the survey every 5 years and to submit a report to the Governor and the General Assembly at the completion of each survey. Provides that the first report shall be submitted no later than December 1, 2021 and shall provide a detailed review of the survey results. House Floor Amendment No. 1 Adds reference to: 20 ILCS 505/39.3 Further amends the Children and Family Services Act. Requires the Department of Children and Family Services to place a locked suggestion box in each group home, shelter, and transitional living arrangement that accepts youth in care for placement by the Department. Requires the Department to submit a report to the General Assembly each year outlining the issues and concerns submitted to the locked suggestion box and the solution to each issue and concern.

Amends the Genetic Information Privacy Act. Provides that long-term care and life insurance policies are among those for which an insurer may not seek information derived from genetic testing. Removes language specifying that a provision prohibiting an insurer from using or disclosing protected health information that is genetic information for underwriting purposes does not apply to insurers issuing long-term care policies. House Committee Amendment No. 1 Adds reference to: 410 ILCS 513/10 Replaces everything after the enacting clause. Amends the Genetic Information Privacy Act. Provides that "genetic testing" includes direct-to-consumer commercial genetic testing. Provides that a company providing direct-to-consumer commercial genetic testing is prohibited from sharing any genetic test information or other personally identifiable information about a consumer with any health or life insurance company without written consent from the consumer.

Amends the Juvenile Court Act of 1987. Provides that the court has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings: (1) the minor is declared a dependent of the court or the minor is legally committed to, or placed under the custody of, a State agency or department, or an individual or entity appointed by the court; (2) that reunification of the minor with one or both of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and (3) that it is not in the best interest of the minor to be returned to the minor's or parent's previous country of nationality or last habitual residence. Makes other changes. House Committee Amendment No. 1 Adds reference to: 750 ILCS 5/603.11 new 750 ILCS 46/613.5 new 750 ILCS 50/17.01 new 750 ILCS 60/214.5 new 755 ILCS 5/11-5.5 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Deletes language providing that the special immigrant minor provisions of the Juvenile Court Act of 1987 do not apply to a minor who applies for special immigrant minor status solely for the purpose of qualifying for financial assistance for himself or herself or for his or her parents, guardian, or custodian. Amends the Illinois Marriage and Dissolution of Marriage Act, Illinois Parentage Act of 2015, the Adoption Act, and the Probate Act of 1975. Provides that a court of the State that is competent to petitions under those Acts has jurisdiction to make the findings necessary to enable a child, who is the subject of the action, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status under federal law, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order with certain specifications. Makes other changes.

Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weed Act, on protected land, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages. Limits the relief available under the Act. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.