Sen. Celina Villanueva

Amends the Labor Dispute Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 5/1.1 Adds reference to: New Act 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) The fiscal impact of SB 471, as amended by HA 1, is not known as the number of COVID-related fatalities amongst the ranks of Chicago police officers and firefighters cannot be predicted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 471 (H-AM-1); therefore, there are no appraisals to be filed. House Floor Amendment No. 3 Deletes reference to: New Act 30 ILCS 105/5.891 new Adds reference to: 5 ILCS 345/1 from Ch. 70, par. 91 230 ILCS 5/15.5 new 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) There is no discernible fiscal impact to pension funds that employ public safety personnel as a result of SB 0471, as amended by HA 3. The number of public safety employees who will contract COVID-19 during the time period enumerated in the bill cannot be predicted. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does pre-empt home rule authority State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) This amendment has no fiscal impact or population impact on the Department of Corrections. Fiscal Note, House Floor Amendment No. 3 (Department of Employment Security) Senate Bill 471 (HA-3) has no fiscal impact on the Department of Employment Security.

Creates the Water Heater Safety Valve Act. Provides that a manufacturer or supplier of a hot water heater for use in a residential home or facility must supply or attach a temperature mixing valve or other safety valve to the hot water heater or tank that prevents water with a temperature above 130 degrees Fahrenheit from coming from any faucet or other source of water into direct contact with a person. Amends the Illinois Plumbing License Law to provide that a person engaged in plumbing who installs a hot water heater for use in a residential home or facility must supply or attach a temperature mixing valve or other safety valve to the hot water heater or tank that prevents water with a temperature above 130 degrees Fahrenheit from coming from any bathtub faucet, shower faucet, sink faucet, or any other source of water into direct contact with a person. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Replaces "hot water heater or tank" with "water heater or tank". Provides that a manufacturer or supplier of a water heater or tank for use in a residence or residential facility located in Illinois (rather than a residential home or facility) must supply or attach a temperature mixing valve or other safety valve that prevents water with a temperature above 120 degrees Fahrenheit (rather than 130 degrees Fahrenheit) from coming into direct contact with a person. Provides that the Department of Public Health shall administer and enforce the provisions of the Act. Provides that any person or entity who violates the Act's provisions shall be liable for a civil penalty of $500 for the first violation and $1,000 for each subsequent violation.

Amends the Illinois Wage Payment and Collection Act. Provides that, for contracts entered into on or after July 1, 2019, a direct contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work shall assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the contract between the direct contractor and the owner. Provides for enforcement by the Department of Labor. Provides authorization for third parties owed fringe or other benefits or a joint labor-management cooperation committee to bring a civil action to enforce liability against a direct contractor. Provides exemptions for work done by an employee of the State or any political subdivision of the State. Provides requirements and guidelines for notice, awards, filing, and records retention. Provides that the new provisions are severable, and that the obligations and remedies provided are in addition to any obligations and remedies otherwise provided by law. Provides that nothing the Section shall alter specified obligations and penalties set forth in the State Prompt Payment Act. Effective immediately.

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that a provision providing a minor 10 years of age or older arrested under the Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility and that a minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider has been contacted and has not been able to accept the minor for services shall be inoperative on and after July 1, 2019. Provides that on and after July 1, 2019, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. Makes conforming changes. Fiscal Note (Dept. of Children & Family Services) This bill has no fiscal impact to the Department of Children & Family Services. Fiscal Note (Dept. of Healthcare & Family Services) This bill has no fiscal impact to the Department of Healthcare and Family Services. State Debt Impact Note (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Pension Note (Government Forecasting & Accountability) HB 1468 amends the Children and Family Services Act and the Juvenile Court Act of 1987 in a way that does not impact any public pension fund or retirement system in Illinois. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to this bill, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State of Illinois. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department.

Creates the Racial Impact Note Act. Provides that every bill which has or could have a disparate impact on racial and ethnic minorities, upon the request of any member, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on those racial and ethnic minorities likely to be impacted by the bill. Specifies the contents and provides for the preparation of each racial impact note. Amends the State Officials and Employees Ethics Act. Prohibits racial discrimination and harassment by State officers and employees. Provides that each State officer and employee shall annually complete a racial bias, discrimination, and harassment training program approved by the appropriate jurisdictional authority. Expands the jurisdiction of the Executive Ethics Commission to include allegations of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that the personnel policies of units of local government shall prohibit racial discrimination and harassment. Defines "racial discrimination and harassment". Provides for rulemaking, including emergency rulemaking. Amends the Secretary of State Act. Provides the Secretary of State's Inspector General with jurisdiction to investigate complaints of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Amends the Lobbyist Registration Act. Prohibits racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that each registered lobbyist shall annually complete a racial bias, discrimination, and harassment training program approved by the Secretary of State. Defines "racial discrimination and harassment". Amends the Illinois Human Rights Act. Requires the Department of Human Rights to establish a racial discrimination and harassment hotline for the anonymous reporting of racial discrimination and harassment in both public and private places of employment, and to provide for reporting by both telephone and Internet. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.

Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Makes technical changes having a revisory function. Effective July 1, 2020.

Amends the Early Intervention Services System Act. Provides that, for State fiscal years 2020 through 2022, the Department of Human Services shall increase reimbursement rates for early intervention services and related services by 3% each State fiscal year; except that, for State fiscal years 2020 through 2022, the Department of Human Services shall increase reimbursement rates for developmental therapy services by 6% each State fiscal year. Effective immediately.

Amends the Department of Human Services Act. Contains a declaration of policy and intent. Requires the Department of Human Services, in partnership with specified State agencies, to develop and implement a plan to phase out, by July 1, 2024, authorizations under the Minimum Wage Law to pay an employee with a disability less than the minimum wage. Requires the Department to consult with specified organizations when implementing the phase-out plan. Requires the Secretary of Human Services to submit reports to the Governor and the General Assembly on the benchmarks and status of achieving the outcomes included in the phase-out plan and recommendations for funding levels or other resources necessary to implement the phase-out plan. Amends the Department of Labor Law. Prohibits the Director of Labor from authorizing a work activities center or other sheltered workshop to pay an employee who has a disability less than the minimum wage unless certain requirements are met. Amends the Illinois Council on Developmental Disabilities Law. Requires the Illinois Council on Developmental Disabilities to commission an independent study of the phase-out plan; determine whether the plans are having their intended effects; and make recommendations for possible changes in State law or policy regarding the employment of individuals with disabilities. Requires the Council to report its findings and recommendations to the Governor and the General Assembly by July 1, 2023. Amends the Minimum Wage Law. Provides that the State of Illinois shall not fund any entity that pays individuals less than the minimum wage under a certificate issued by the United States Department of Labor that authorizes Community Rehabilitation Programs to pay individuals less than the wage otherwise required for the individuals under federal law. Effective immediately, except that the provisions amending the Minimum Wage Law take effect July 1, 2024.

Repeals the Rent Control Preemption Act.

Amends the School Code. Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking. Effective immediately.