Sen. Napoleon Harris

Amends the Illinois Vehicle Code. Provides that 30 days after the effective date of the bill, the Department of Transportation shall conduct a study evaluating automated traffic law enforcement systems in this State. Provides that on or before December 31, 2019, the Department shall file a report with the General Assembly with the results from the study, including input from local law enforcement, and any recommendations the Department deems necessary. Effective immediately.

Creates the Student Athlete Endorsement Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective January 1, 2023. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Changes the definition of "institution" to mean a publicly or privately operated college or university located in this State that offers baccalaureate degrees (rather than providing that "institution" has the meaning given to that term under the Higher Education Student Assistance Act). Provides that professional representation provided by an athlete agent to a student athlete shall be by a person licensed pursuant to the Illinois Athlete Agents Act. Effective January 1, 2023.

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.

Mourns the death of Phillip William Lowery Sr.

Amends the Counties Code, the Illinois Municipal Code, Illinois Insurance Code, the Health Maintenance Organization Act, and the Illinois Public Aid Code. In provisions concerning coverage for mammograms, provides that coverage shall also include a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant. Makes changes to coverage for a comprehensive ultrasound screening and MRI. Effective immediately. Senate Floor Amendment No. 1 Provides that if an insurance policy or medical assistance coverage includes mammogram coverage, the coverage shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Exempts coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account. Defines "diagnostic mammogram" and "diagnostic mammography". Corrects a typographical error. House Floor Amendment No. 1 Changes the immediate effective date to January 1, 2020.

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 Committee 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.

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 Children's Advocacy Center Act. Provides that consent is not required for a forensic interview to be electronically recorded and that failure to record does not render a forensic interview inadmissible. Provides that a forensic interview, an electronic recording, or a transcription of an interview or electronic recording is confidential and exempt from public inspection and copying and may only be viewed by a court, attorneys, investigators, or experts for the purpose of judicial and administrative hearings and shall not be disseminated except pursuant to a court's protective order. Provides that nothing in the Act shall be construed to limit or prohibit electronically recorded forensic interviewing in accordance with provisions concerning surveillance and investigations in the Criminal Code of 2012 and Code of Criminal Procedure of 1963. Adds a definition and modifies a definition. Amends the Freedom of Information Act making conforming changes. Effective January 1, 2020. Senate Committee Amendment No. 1 Defines a "forensic interview transcription" as a verbatim transcript of a forensic interview for the purpose of translating the interview into another language. Makes a conforming change. House Committee Amendment No. 2 Deletes reference to: 5 ILCS 140/7.5 55 ILCS 80/2.5 55 ILCS 80/4.5 new Adds reference to: 45 ILCS 105/2 from Ch. 127, par. 63s-2 Replaces everything after the enacting clause. Amends the Bi-State Development Agency Act. Provides that a county authorized to appoint commissioners that does not contract for light rail service with the Bi-State Development Agency and pay for that service in part with county-generated revenue shall be limited to one commissioner. Provides for appointment of commissioners from counties with a light rail service until a county without light rail service only has one commissioner left. House Floor Amendment No. 3 Adds reference to: 45 ILCS 105/10 new 45 ILCS 105/2 from Ch. 127, par. 63s-2 Further amends the Bi-State Development Agency Act. Provides that Bi-State Development Agency shall pass through 100% of specified Urbanized Area Formula Funding program assistance and funding to the Madison Mass Transit District. Provides that the Agency shall retain specified Urbanized Area Formula Funding program funds constituting the total commitment and payment in full for: (1) all claims, debts or obligations, rights, liabilities made or asserted by the Agency, arising out of any previous service agreements, issues, or relationship between the District and the Agency occurring on or before June 30, 2019; and (2) any capital or operating subsidy for the MetroLink Light Rail System.

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.