Sen. Rob Martwick

Amends the Illinois Income Tax Act. Provides that all the corporations, wherever incorporated or domiciled, that are members of a unitary business shall file a combined return as a combined group. Makes changes to the definition of "unitary business". Contains provisions concerning a water's edge election. Provides that, with respect to unitary business groups, "United States" means the 50 states of the United States, the District of Columbia, and United States' territories and possessions.

Amends the Criminal Code of 2012. Makes it unlawful for any person to knowingly possess an assault weapon 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Effective immediately.

Amends the Chicago School District Article of the School Code. Provides that a local school council shall be established for each public small school, contract school, and military school within the school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/34-8.4 Replaces everything after the enacting clause. Amends the Chicago School District Article of the School Code. Provides that a local school council shall be established for each public small school within the school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. With respect to the appointment of teacher members to local schools councils by the Chicago Board of Education, requires the Board to make public the vetting process of teacher candidates. Allows any member of the school community to make an inquiry to the Board to determine if the Board may challenge a teacher's candidacy. Provides for binding elections (rather than non-binding, advisory polls) for the appointment of student members to local school councils. Allows the Board to establish criteria for students to be considered eligible to serve as a student member. Makes changes concerning limitations upon applicability and remediation and probation of attendance centers. Effective immediately. Senate Floor Amendment No. 3 Requires the Chicago Board of Education to make public the vetting process of staff member candidates (rather than teacher candidates). Allows any member of the school community to inquire if the Board may challenge a staff member's (rather than a teacher's) candidacy; requires an inquiry to be made in writing in accordance with Board rules. Specifies that a local school council retains the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of the school improvement plan or implementation thereof is consistent with State and federal requirements.

Amends the Illinois Vehicle Code. Provides that if the Illinois Environmental Protection Agency operates a motor vehicle inspection station or contracts with one or more parties to operate an inspection station on its behalf, the Agency shall locate the station so that the owners of vehicles subject to inspection reside within 5 (rather than 12) miles of an official inspection station.

Amends the Deferred Compensation Article of the Illinois Pension Code. Provides that "eligible sponsoring entity" means a school district organized under the Chicago School District Article of the School Code; the City of Chicago as the sponsoring entity for the City of Chicago Deferred Compensation Plan; or Cook County as the sponsoring entity for the Cook County Deferred Compensation Plan. Authorizes an eligible sponsoring entity to automatically enroll employees in its deferred compensation program. Provides that the eligible sponsoring entity shall continue to be subject to specified fiduciary duty provisions under the General Provisions Article of the Illinois Pension Code. Provides that an employee who is automatically enrolled in the deferred compensation program shall contribute 3% of his or her pretax gross compensation for each compensation period into his or her account. Removes language providing that the provisions authorizing local government deferred compensation plans does not limit the power or authority of any unit of local government, school district, or any institution supported in whole or in part by public funds to establish and administer any other deferred compensation plans that may be authorized by law and deemed appropriate by the officials of such subdivisions or institutions. Contains provisions concerning fiduciary duties; availability of multiple plans or programs; elections not to participate; refunds; and increases to the default contribution rate. Effective immediately.

Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that any fireman receiving a retirement annuity shall be entitled to an occupational disease disability benefit if the fireman (1) has not reached the age of compulsory retirement, (2) has not been receiving a retirement annuity for more than 5 years, and (3) has a condition that would have qualified the fireman for an occupational disease disability benefit if he or she was an active fireman. Provides that a fireman who receives an occupational disease disability benefit in accordance with the amendatory Act may not receive a retirement annuity during the period in which he or she receives an occupational disease disability benefit. Provides that the occupational disease disability benefit shall terminate upon the fireman reaching compulsory retirement age. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Amends the Illinois Income Tax Act. Contains provisions concerning a deduction for income included in the taxpayer's federal adjusted gross income and deemed received under Section 951A (GILTI) or Section 952 (Subpart F) of the Internal Revenue Code.

Amends the Fire Department Promotion Act. Modifies the definition of "affected department" for purposes of the Act to include a municipality with a population over 1,000,000.

Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency. House Floor Amendment No. 1 Provides that the Department of Financial and Professional Regulation shall have the authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets by banks chartered under the Illinois Banking Act, savings banks chartered under the Savings Bank Act, and corporate fiduciaries authorized under the Certificate Of Authority And Organization Article or Special Purpose Trust Company Authority And Organization Article of the Corporate Fiduciary Act. Defines "digital asset". Removes language that provides that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency.

Amends the Regional Transportation Authority Act. Provides that, by January 1, 2023, the Chicago Metropolitan Agency for Planning and its MPO Policy Committee, in coordination with the Authority, shall develop and submit a report of legislative recommendations to the Governor and General Assembly regarding changes to the recovery ratio, sales tax formula and distributions, governance structures, regional fare systems, and any other changes to State statute, Authority, or Service Board enabling legislation, policy, rules, or funding that will ensure the long-term financial viability of a comprehensive and coordinated regional public transportation system that moves people safely, securely, cleanly, and efficiently and supports and fosters efficient land use. Provides for the content and development of the report. Repeals the provisions on January 1, 2024. Effective immediately. House Committee Amendment No. 1 Moves the date on which the report of legislative recommendations shall be developed and submitted to January 1, 2024 (from January 1, 2023). Moves the repeal of the provisions to January 1, 2025 (from January 1, 2024). Senate Floor Amendment No. 1 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Illinois Police Training Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Provides that the rules shall provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training, prior to the approval of a waiver. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers while not performing any other law enforcement-related activity (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately.