Sen. Rob Martwick

Amends the Illinois Public Labor Relations Act. Modifies the definition of "supervisor" under the Act. Provides that in fire fighter units (rather than new fire fighter units), employees shall consist of fire fighters of the highest rank of company officer and below (currently, highest rank not specified). Provides that a company officer may be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift. Provides that there may be more than one company officer per shift. Provides that all other ranks above that of the highest company officer shall be supervisors (currently, highest rank not specified).

Amends the Board of Higher Education Act. Provides that each public institution of higher education shall study and issue a report on the cost-saving methods and practices utilized by the public institution for improving students' timely access to required course materials and the affordability of required course materials. Sets forth the required areas of study that must be included in the report. Provides that the report from each public institution must be submitted to the Board of Higher Education or Illinois Community College Board no later than August 1, 2022. Provides that no later than February 1, 2023, the Board of Higher Education and the Illinois Community College Board shall submit a joint report to the Governor and General Assembly that summarizes the findings from the reports submitted by public institutions. Requires the Board of Higher Education and the Illinois Community College Board to post each institution's report and the joint report on their respective websites. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 110 ILCS 205/9.40 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the College Course Materials Affordability and Equitable Access Collaborative Study Act. Provides that the College Course Materials Affordability and Equitable Access Task Force is created within the Illinois Student Assistance Commission. Sets forth the membership of the task force. Provides that the duties of the task force are to (i) conduct a collaborative college course materials affordability and equitable access study, (ii) examine the cost-saving methods and practices utilized by public and private institutions of higher learning in this State and throughout the United States for improving students' equitable first-day-of-class access to required course materials and conduct an affordability comparison of providing students' course materials, including digital learning tools, and (iii) submit a report of its findings to the Governor, the General Assembly, and the Illinois Student Assistance Commission. Contains provisions concerning meetings, expenses, Commission assistance, collaboration, and reporting. Dissolves the task force on March 31, 2024, and repeals the Act on March 31, 2025. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 105 ILCS 5/1-2 from Ch. 122, par. 1-2 Replaces everything after the enacting clause. Amends the School Code. Makes a technical change in a Section concerning the School Code's construction. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/1-2 from Ch. 122, par. 1-2 Adds reference to: 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 105 ILCS 5/34-2.2 from Ch. 122, par. 34-2.2 105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3 105 ILCS 5/34-2.4b from Ch. 122, par. 34-2.4b 105 ILCS 5/34-8.3 from Ch. 122, par. 34-8.3 Replaces everything after the enacting clause. Amends provisions related to local school councils in the Chicago School District Article of the School Code. Provides that beginning with the first local school council election that occurs after the effective date of the amendatory Act, a local school council shall be established for each attendance center within the school district, including public small schools within the district. Provides that one full-time student member shall be appointed in each attendance center enrolling students in 7th and 8th grade. In the case of a tie vote in the election of candidates to serve on a local school council, requires the local school council to determine the winner by lottery (rather than lot). Requires the Chicago Board of Education to make public the vetting process of staff member candidates. Allows any staff member seeking candidacy to inquire if the Board may deny the staff member's appointment; requires an inquiry to be made in writing in accordance with Board procedure. Provides for binding elections (rather than non-binding, advisory polls) for the appointment of student members to local school councils. Makes other changes concerning the appointment of teacher and non-teacher staff members and student members to a local school council. Makes changes to provisions concerning vacancies, the calling of special meetings, quorums, the vote to transfer allocations within funds, and limitations upon applicability. 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. Makes changes concerning schools placed on probation, including providing for the restoration of certain powers to the local school councils of schools that have been on probation for 5 years or more. Requires the Board to deliver certain criteria to local school councils by October 31 of each year. Makes other changes. Effective immediately.

Amends the Election Code. Provides that political committee funds may be used for certain child care or dependent elder home care expenses that are necessary for the fulfillment of political, governmental, or public policy duties, activities, or purposes. Effective immediately. Senate Floor Amendment No. 1 Provides that political committee funds may be used for care of a dependent family member (rather than dependent elder home care expenses) that are necessary for the fulfillment of political, governmental, or public policy duties, activities, or purposes. Removes language allowing for the expenditure regardless of whether the need for child care or dependent elder home care predated the campaign or term of office. Provides that "care of a dependent family member" includes caregiving, personal care, adult day services, and home health services for elderly persons and persons with an illness, injury, or disability who require assistance in caring for themselves. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/9-8.10 Adds reference to: 10 ILCS 5/9-1 from Ch. 46, par. 9-1 Replaces everything after the enacting clause. Amends the Election Code. Makes a technical change in a Section of the campaign finance Article concerning definitions. House Floor Amendment No. 2 Deletes reference to: 10 ILCS 5/9-1 from Ch. 46, par. 9-1 Adds reference to: 10 ILCS 5/1-19 new 10 ILCS 5/1A-16 10 ILCS 5/2A-1.1b 10 ILCS 5/9-8.5 10 ILCS 5/9-10 from Ch. 46, par. 9-10 10 ILCS 5/11-2 from Ch. 46, par. 11-2 10 ILCS 5/11-3 from Ch. 46, par. 11-3 10 ILCS 5/11-4.2 from Ch. 46, par. 11-4.2 10 ILCS 5/11-8 10 ILCS 5/19-2 from Ch. 46, par. 19-2 10 ILCS 5/19-2.5 10 ILCS 5/19-6 from Ch. 46, par. 19-6 10 ILCS 5/11-5 rep. 25 ILCS 130/9-2.5 55 ILCS 5/2-3004 from Ch. 34, par. 2-3004 70 ILCS 805/3c 70 ILCS 805/3c-1 new 705 ILCS 35/2f from Ch. 37, par. 72.2f 705 ILCS 35/2f-2 705 ILCS 35/2f-4 705 ILCS 35/2f-5 705 ILCS 35/2f-6 705 ILCS 35/2f-9 Replaces everything after the enacting clause. Amends the Election Code. Provides that applicants for voter registration may select "male", "female", or "non-binary" when designating the applicant's sex on a voter registration form. Makes changes concerning 2022 general primary election and general election dates and signature requirements. Makes changes concerning election precincts. Provides that a polling place that is accessible to voters with disabilities and elderly voters shall include at least one voting booth that is wheelchair accessible. In provisions concerning limitations on campaign contributions for a candidate political committee for a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court, provides that the political committee may not accept contributions from any group that is not required by law to disclose the identity of its contributors or accept contributions from any out-of-state source. Provides that "contribution" includes expenditures made by any person in concert or cooperation with, or at the request or suggestion of, a candidate, his or her designated committee, or their agents and the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committee, or their designated agents. Prohibits the making and accepting of anonymous contributions. Provides that contributions made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association that exceed $1,000 (currently $500) in a quarterly reporting period shall be itemized on the political action committee's quarterly report. Makes other changes. Amends the Legislative Commission Reorganization Act of 1984. Makes changes concerning a prohibition on the Legislative Printing Unit printing newsletters or brochures for members of the General Assembly. Amends the Counties Code. In provisions concerning county apportionment commissions for the reapportionment of 2021, provides that the county board shall complete the reapportionment by December 31 (currently, the third Wednesday in November). Amends the Downstate Forest Preserve District Act. Provides that commissioners of a forest preserve district shall be elected from districts, as determined by the board of commissioners. Contains provisions concerning reapportionment. Amends the Circuit Courts Act. Provides that the boundaries of the subcircuits in certain judicial circuits shall be redrawn in 2022 (currently, in 2021). Effective immediately.

Declares October 28, 2021 as First Responders Day in the State of Illinois. Recognizes and remembers the first responders we have lost and extends gratitude to all first responders for continuously putting their lives on the line for the citizens of Illinois.

Amends the State Treasurer Act. Provides that for purposes of the ABLE account program, a designated beneficiary means the ABLE account owner. Provides that upon the death of a designated beneficiary, proceeds from an account may be transferred pursuant to a payable on death account agreement. Provides that upon the death of a designated beneficiary, the State Treasurer may require verification that the funeral and burial expenses of the designated beneficiary have been paid. Makes conforming changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 505/16.6 Adds reference to: 20 ILCS 5/5-15 was 20 ILCS 5/3 Replaces everything after the enacting clause. Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 5/5-15 Adds reference to: 5 ILCS 420/1-102.5 new 5 ILCS 420/1-104.3 new 5 ILCS 420/1-104.4 new 5 ILCS 420/1-104.5 new 5 ILCS 420/1-105.2 new 5 ILCS 420/1-105.3 new 5 ILCS 420/1-105.5 new 5 ILCS 420/1-105.6 new 5 ILCS 420/1-105.7 new 5 ILCS 420/1-109 from Ch. 127, par. 601-109 5 ILCS 420/1-110 from Ch. 127, par. 601-110 5 ILCS 420/1-112.5 new 5 ILCS 420/1-113.6 new 5 ILCS 420/1-113.7 new 5 ILCS 420/2-101 from Ch. 127, par. 602-101 5 ILCS 420/3A-50 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-103 from Ch. 127, par. 604A-103 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 420/4A-104 rep. 5 ILCS 430/5-40 5 ILCS 430/5-45 5 ILCS 430/20-20 5 ILCS 430/20-95 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-15 5 ILCS 430/25-20 5 ILCS 430/25-85 10 ILCS 5/1A-14 from Ch. 46, par. 1A-14 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8 10 ILCS 5/9-3.5 new 10 ILCS 5/9-8.5 25 ILCS 115/1 from Ch. 63, par. 14 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/3 from Ch. 63, par. 173 25 ILCS 170/4.5 25 ILCS 170/4.7 25 ILCS 170/5 25 ILCS 170/6 from Ch. 63, par. 176 25 ILCS 170/8 from Ch. 63, par. 178 25 ILCS 170/11.2 Replaces everything after the enacting clause. Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Requires the Secretary of State to adjust specified amounts that prompt disclosure under the Act for purposes of inflation, and requires the Secretary to make conforming changes to the statement of economic interest form. Requires candidates filing for supreme court justice, appellate court judge, circuit court judge, or judicial retention to file their statement of economic interests in written or printed form. Modifies requirements concerning legislator restricted activities and the code of conduct. Prohibits a person appointed to an affected office from serving as an officer of a candidate political committee under specified circumstances. Amends the State Officials and Employees Ethics Act. Restricts fundraising during sessions of the General Assembly, regardless of county. Modifies provisions concerning procurement and revolving door prohibitions concerning the fiscal administration of State contracts. Provides further revolving door requirements for executive branch officers and members of the General Assembly concerning lobbying. Modifies requirements concerning the Executive Ethics Commission and the Legislative Ethics Commission. Modifies requirements for Executive Inspectors General and the Legislative Inspector General. Provides that all investigatory files and reports of the Office of an Executive Inspector General are, among other exemptions, privileged. Amends the Election Code. Prohibits a member of the State Board of Elections from contributing to a political committee, serving as an officer of a political committee, or being a candidate supported by a candidate political committee. Prohibits a limited activity committee from accepting contributions except under specified circumstances. Provides that a limited activity committee may only make specified expenditures. Amends the General Assembly Compensation Act. Provides that the compensation to be paid per year to members of the General Assembly shall be paid bi-monthly. Provides for member compensation on a prorated basis. Amends the Lobbyist Registration Act. Applies the requirements of the Act to municipalities, counties, and officials thereof, and other specified State officials. Provides for home rule preemption under the Act. Defines terms. Makes conforming changes. Adds an applicability clause. Effective January 1, 2022. Governor Amendatory Veto Message Recommends: (i) deleting new language providing that the Executive Inspectors General have the duty to "receive and investigate, without advance approval of the Executive Ethics Commission, allegations of violations of this Act and other wrongful acts within his or her jurisdiction based on a complaint" and that an "investigation may not be initiated more than one year after the alleged wrongful act or the most recent act of a series of alleged wrongful acts based on the same wrongful conduct except if there is reasonable cause to believe that fraudulent concealment has occurred"; and (ii) restoring existing law providing that the Executive Inspectors General have the duty to "receive and investigate allegations of violations of this Act" and that an "investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred".

Amends the Medical Assistance Article of the Illinois Public Aid Code. Exempts transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers, from the State's managed care medical assistance program. Provides that these services shall continue to be paid under the State's traditional fee-for-service program. House Floor Amendment No. 1 Requires the Department of Healthcare and Family Services to exempt ground ambulance services from the State's managed care medical assistance program (rather than exempt transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers).

Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately. House Committee Amendment No. 2 Deletes language providing that a person against whom there has been a finding of abuse, neglect, or exploitation of the principal, a child, an elderly individual, or a person with a disability is disqualified from acting as a supporter. Instead disqualifies a person who is listed on the Health Care Worker Registry maintained by the Department of Public Health as ineligible to work. Deletes language providing that a person against whom the principal has obtained an order of protection is disqualified from acting as a supporter. Instead disqualifies an individual who is the subject of a civil or criminal order prohibiting contact with the principal. Deletes language providing that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Senate Committee Amendment No. 1 Allows a supporter in a supported decision-making agreement to ascertain the wishes and decisions of the principal in order to advocate that the wishes and decisions of an individual with disabilities are implemented (rather than "ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented"). Requires the Guardianship and Advocacy Commission to develop training and education materials for both principals and supporters. Provides that the Act is effective 6 months after becoming law (rather than immediately).

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 Chicago Teacher Article of the Illinois Pension Code. Adds to the definition of "teacher", educational staff employed by a Chicago contract school in a position requiring certification or licensure, except for managerial, supervisory, or confidential employees, who are required to or elect to participate in the Fund. Requires such educational staff to participate, unless they began employment with the contract school before the effective date of the amendatory Act. Provides that educational staff that began employment with the contract school before the effective date of the amendatory Act may elect to participate as a member for service accrued after the effective date of the election. Makes conforming and other changes. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective July 1, 2021. Senate Committee Amendment No. 1 In provisions concerning the submission of payroll records and pension contributions, provides that the Fund shall provide a conditional grace period for contract schools that show evidence of timely and good faith efforts to submit payroll records and make pension contributions due between July 1, 2021 and October 1, 2021. Provides that if payroll records and pension contributions due during that time period are not submitted by October 1, 2021, the statutory penalties, liquidated damages, and interest shall be calculated from the original due date to the submission date of the pension contributions or payroll records, as applicable. Provides that evidence of timely and good faith efforts shall include specified evidence. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Changes the dates of the conditional grace period for contract schools to show evidence of timely and good faith efforts to submit payroll records and make pension contributions due to between January 1, 2022 and April 1, 2022 (rather than between July 1, 2021 and October 1, 2021). Provides that participation in the Fund shall begin on January 1, 2022 for educational staff of a contract school beginning employment on and after the effective date of the amendatory Act. Allows educational staff employed in a contract school before the effective date of the amendatory Act that elect to participate in the Fund to participate as a member for service accrued after January 1, 2022 (rather than after the effective date of the election) with the contract school, another contract school, a charter school, or the Board of Education. Prohibits a person from accruing service for employment with a contract school that occurred before January 1, 2022 (rather than before the effective date of the election to participate as a member).

Amends the Illinois Income Tax Act. Provides that a partnership or Subchapter S corporation may elect to pay a tax computed by multiplying the share of business income apportionable to Illinois and nonbusiness income allocated to Illinois that is distributable to each partner or shareholder and multiplied by the applicable rates of tax for that partner or shareholder. Creates a deduction in an amount equal to those amounts. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 5/502 from Ch. 120, par. 5-502 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the tax imposed under the introduced bill applies for taxable years beginning on or after January 1, 2021. Provides that certain nonresident individuals with no Illinois income tax liability after taking into account the deductions in the amendatory Act are not required to file returns. Makes various technical corrections concerning pass-through entities. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/502 from Ch. 120, par. 5-502 35 ILCS 5/601 from Ch. 120, par. 6-601 35 ILCS 5/709.5 35 ILCS 5/1501 from Ch. 120, par. 15-1501 Replaces everything after the enacting clause. Reinserts provisions of the introduced bill creating an entity-level tax, but makes certain formatting changes. Provides that the entity-level tax applies for taxable years ending on or after December 31, 2021 and beginning prior to January 1, 2026. Provides that the entity-level tax shall be in an amount equal to 4.95% of the taxpayer's net income for the taxable year. Defines "net income". Provides that a partnership or Subchapter S corporation that elects to pay tax at the entity level is required to pay estimated tax if the amount payable as estimated tax can reasonably be expected to exceed $500. Effective immediately. House Committee Amendment No. 1 Adds reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/901 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that provisions concerning pass-through entities apply only with respect to taxable years for which a specified limitation on individual deductions applies under the Internal Revenue Code. Adds a corresponding addition modification. Makes a conforming change with respect to the Local Government Distributive Fund. Effective immediately.