Sen. Emil Jones

Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing those programs. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Motor Fuel Tax Law. Provides that, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program. Provides that the municipality, county, or road district shall accept vendor certification from the State of Illinois, the County of Cook, and the City of Chicago. Provides that, if a Department of Central Management Services study does not support the establishment of a business enterprise program for any local municipality, county, or road district, the requirements shall not apply to that local municipality, county, or road district. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing business enterprise programs. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: (1) provides that the Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts; (2) provides that program shall take into account the size, geographic location, and general procurement needs of the various municipalities, counties, and road districts of the State; (3) provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district establishes a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services (in Senate Amendment No. 1, the program must be consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program); and (4) removes provisions requiring the Department of Transportation to assist municipalities in implementing business enterprise programs. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 505/8 Adds reference to: 30 ILCS 575/8c from Ch. 127, par. 132.608c Replaces everything after the enacting clause. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Makes a technical change in a Section concerning rules and regulations for the establishment and continuation of narrowly tailored sheltered markets. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new 30 ILCS 575/8c 35 ILCS 505/8 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 30 ILCS 559/20-10 30 ILCS 559/20-15 30 ILCS 559/20-20 30 ILCS 559/20-25 20 ILCS 1505/1505-215 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/7 from Ch. 127, par. 132.607 720 ILCS 5/17-10.3 Replaces everything after the enacting clause. Amends the Administrative Procedure Act. Provides that emergency rules may be adopted to implement the Illinois Works Jobs Program Act. Amends the Illinois Works Jobs Program Act. Makes changes in provisions governing: definitions; the Illinois Works Preapprenticeship Program; the Illinois Works Bid Credit Program; the Illinois Works Apprenticeship Initiative; and the Illinois Works Review Panel. Amends the Department of Labor Law of the Civil Administrative Code. Deletes provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Changes the definition of "minority person". Provides that State contracts shall require that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a "commercially useful function" under federal law may be counted toward the goals set forth by the Act. Provides that, by December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement. Provides that funds collected as penalties under the Act shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation by minorities, women, and persons with disabilities in State procurement. Makes other changes concerning: State contracts; the Business Enterprise Council; exemptions; and waivers. Amends the Criminal Code of 2012. Provides that it shall be a Class 2 felony (rather than a Class 1 felony) to commit violations of the Act regarding deception relating to certification of disadvantaged business enterprises. Effective immediately, except that the changes to the Department of Labor Law of the Civil Administrative Code, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the Criminal Code of 2012 are effective January 1, 2020. House Floor Amendment No. 4 Makes technical changes to the bill as amended by House Amendment No. 2.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a rebate card that charges dormancy fees or other post-issuance fees. Defines "rebate card". Senate Floor Amendment No. 1 Provides that the prohibition on imposing post-issuance fees in connection with a rebate made by means of a rebate card applies only to fees charged to the consumer. House Committee Amendment No. 1 Deletes reference to: 815 ILCS 505/2LLL Adds reference to: 815 ILCS 505/12 from Ch. 121 1/2, par. 272 Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/12 Adds reference to: 230 ILCS 10/7.7 230 ILCS 10/22 from Ch. 120, par. 2422 230 ILCS 45/25-20 230 ILCS 45/25-107 new Replaces everything after the enacting clause. Amends the Illinois Gambling Act and the Sports Wagering Act. Provides procedures by which an applicant for certain licenses shall submit his or her fingerprints. Provides that if there is a conflict between the Sports Wagering Act and the Illinois Gambling Act, the Sports Wagering Act shall control. Effective immediately.

Amends the Personnel Code. Provides that no person may be appointed from any eligible list unless that person becomes a resident of the State of Illinois within 3 months from the first day of employment. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Personnel Code. Provides that, for any position filled after December 31, 2019, no person may be appointed to a position based in the State of Illinois from any eligible list unless that person becomes a resident of the State of Illinois within 3 months from the person's first day of employment in that position or unless the residency requirement is waived for just cause by the Director of Central Management Services. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 415/8b.1 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 420/1-110 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 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-103 from Ch. 127, par. 604A-103 5 ILCS 420/4A-108 5 ILCS 420/4A-104 rep. 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/5 25 ILCS 170/7 from Ch. 63, par. 177 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 candidates filing for Supreme Court Judge, appellate court judge, circuit court judge, or judicial retention to file his or her statement of economic interests in written or printed form. Repeals a provision that established a separate form for persons required to file a statement of economic interests with county clerks. Amends the Lobbyist Registration Act. Modifies the lobbyist registration and disclosure requirements. Requires the Secretary of State to create a publicly accessible and searchable database bringing together disclosures by registered lobbyists, contributions by registered lobbyists, and statements of economic interests required to be filed by State officials and employees. Defines terms. Adds applicability clause. Makes conforming changes. Effective upon becoming law, except that Sections 5 and 10 take effect January 1, 2020. House Floor Amendment No. 3 Deletes reference to: 20 ILCS 415/8b.1 Adds reference to: 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/5 25 ILCS 170/7 from Ch. 63, par. 177 Replaces everything after the enacting clause. Amends the Lobbyist Registration Act. Modifies the lobbyist registration and disclosure requirements. Requires the Secretary of State to create a publicly accessible and searchable database bringing together disclosures by registered lobbyists, contributions by registered lobbyists, and statements of economic interests required to be filed by State officials and employees. Defines terms. Effective immediately.

Mourns the death of Robert Earl Washington.

Creates the Joint Commission on Ethics and Lobbying Reform to review and make recommendations for changes to the State Officials and Employees Ethics Act, the Illinois Governmental Ethics Act, the Lobbyist Registration Act, the Public Officers Prohibited Activities Act, and Article 50 of the Illinois Procurement Code. House Floor Amendment No. 1 Replaces everything after the heading. Reinserts the provisions of the Resolution as introduced, with technical changes regarding appointments by the Governor, the Attorney General, and the Secretary of State.

Amends the Business Corporation Act of 1983. Provides that, no later than the close of the 2020 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation's SEC 10-K form, are located in Illinois shall have a minimum of one female director and one African American director on its board of directors. Provides that the Secretary of State shall publish a report on its website documenting the number of corporations that have at least one female director and one African American director, the number of corporations that were in compliance at one point during the preceding calendar year, the number of corporations that moved to Illinois during the preceding calendar year, and the number of corporations that were previously subject to the requirements during the preceding year but are no longer publicly traded. Provides penalties for violations. House Committee Amendment No. 1 Removes language permitting the Secretary of State to impose penalties against himself or herself for failing to comply with specified reporting requirements. Senate Floor Amendment No. 3 Deletes reference to: 805 ILCS 5/8.10.1 new Adds reference to: 805 ILCS 5/8.12 new 805 ILCS 5/14.05 from Ch. 32, par. 14.05 Replaces everything after the enacting clause. Amends the Business Corporation Act of 1983. Provides that corporations shall report to the Secretary of State: (1) whether the corporation is a publicly held domestic or foreign corporation with its principal executive office located in Illinois; (2) data on specific qualifications, skills, and experience that the corporation considers for its board of directors, nominees for the board of directors, and executive officers; (3) whether each member of the corporation's board of directors self-identifies as a minority person and, if so, which race or ethnicity to which the member belongs; and (4) other information. Requires the Secretary to State to make the information public. Requires the University of Illinois System to review the reported information and publish on its website a report that provides aggregate data on the demographic characteristics of the boards of directors and executive officers of corporations filing an annual report for the preceding year along with an individualized rating for each corporation. Requires the establishment of a rating system assessing the representation of women and minorities on corporate boards. Provides that the report shall also identify strategies for promoting diversity and inclusion among boards of directors and corporate executive officers. Effective immediately.

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

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

Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local enforcement agency and State's Attorney for consideration of criminal investigation or other action. House Floor Amendment No. 1 Removes language requiring the Department of Children and Family Services to refer to the State's Attorney any report alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent.

Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 735 ILCS 5/17-101 from Ch. 110, par. 17-101 735 ILCS 5/17-102 from Ch. 110, par. 17-102 735 ILCS 5/17-105 from Ch. 110, par. 17-105 735 ILCS 5/17-106 from Ch. 110, par. 17-106 Adds reference to: 775 ILCS 5/3-102.5 new Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately. House Floor Amendment No. 3 Adds reference to: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-103 from Ch. 68, par. 2-103 775 ILCS 5/3-102 from Ch. 68, par. 3-102 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.