Sen. Elgie Sims

Creates the Coal Tar Sealant Disclosure Act. Requires specified persons and entities, public schools and public school districts, and State agencies to disclose the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product. Requires public schools or public school districts and State agencies to post, for a minimum of 10 years after application, signage regarding the dangers such use poses. Provides requirements for disclosures made and signage posted under the Act. Requires persons or entities to provide information regarding alternative sealant upon request and public schools or public school districts and the State to seek an asphalt-based sealant when distributing any request for proposals. Requires public schools or public school districts and State agencies to determine whether specified benefits of alternative products outweigh the cost, and if so to use them. On or before January 1, 2021, requires the Department of Public Health to adopt rules for prescribed procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of pavement seals on properties covered under the Act. Provides that the Department, in consultation with the State Board of Education, shall conduct outreach to public schools and public school districts regarding coal tar-based sealant and high polycyclic aromatic hydrocarbon product. Provides that units of local government shall adopt ordinances providing for the enforcement of the Act. Provides that a person or entity who commits a violation of the Act shall be subject to a civil penalty of not less than $1,000 nor more than $10,000 and that each incidence of violation shall be deemed a separate offense. Contains other provisions. Senate Committee Amendment No. 1 Removes a provision requiring a unit of local government to adopt an ordinance providing for enforcement of the Act and oversee distribution of specified disclosure materials and enforcement of the ordinance.

Amends the State Appellate Defender Act. Creates the Public Defender Bail Reform Grant Program to assist county public defenders in implementing a provision of the Code of Criminal Procedure of 1963 which requires counsel at bail hearings. Provides that the Public Defender Bail Reform Grant Program is to be administered by the State Appellate Defender, under the direction of the State Appellate Defender Commission. Provides that the State Appellate Defender shall request funds for this grant program within its annual appropriation. Provides for eligibility and administration of the grant program. Makes other changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 105/12 new 725 ILCS 105/13 new 725 ILCS 105/14 new Adds reference to: 5 ILCS 140/7.5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 30 ILCS 105/5.891 new 30 ILCS 105/5.893 new 30 ILCS 105/6z-107 new 30 ILCS 105/6z-108 new 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3a from Ch. 38, par. 83-3a 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/7 from Ch. 38, par. 83-7 430 ILCS 65/7.5 new 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.4 new 430 ILCS 65/9.5 430 ILCS 65/14 from Ch. 38, par. 83-14 430 ILCS 66/13 new 430 ILCS 66/30 430 ILCS 66/50 720 ILCS 5/24-3 from Ch. 38, par. 24-3 725 ILCS 5/110-10 from Ch. 38, par. 110-10 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police shall (rather than may) establish a statewide multi-jurisdictional Violent Crime Intelligence Task Force. Provides that the Violent Crime Intelligence Task Force shall also conduct enforcement operations against persons whose Firearm Owner's Identification Cards have been revoked or suspended and persons who fail to comply with the revocation or suspension requirements of the Firearm Owners Identification Card Act, prioritizing individuals presenting a clear and present danger to themselves or to others under that Act. Provides that the Task Force shall collaborate with local law enforcement agencies to enforce provisions of the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and the Deadly Weapons Article of the Criminal Code of 2012. Provides that the Director of State Police may establish intergovernmental contracts written and executed in conformity with the Intergovernmental Cooperation Act. Provides that the Department of State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) shall, within 48 hours of receiving notice of the revocation or suspension: (1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides; and (2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that nothing in the firearm revocation or suspension provisions of the Firearm Owners Identification Card Act prevents a court from ordering an individual to surrender his or her Firearm Owner's Identification Card to a law enforcement agency of the court's choosing in a timeframe shorter than 48 hours after receipt of the notice of revocation or suspension. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, current law regarding the unlawful transfer of a firearm; (2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Amends the State Finance Act. Creates the State Police Revocation Enforcement Fund and the School-Based Mental Health Services Fund in the State treasury and defines their purposes. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of fingerprints if the applicant has previously done so under the Act or the Firearm Owners Identification Card Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she transfers ownership of a firearm to a person in violation of the Firearm Owners Identification Card Act. This offense is a Class 4 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Modifies requirements for transfer of firearms to a law enforcement agency as required under those Acts. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 30 ILCS 105/5.893 new 30 ILCS 105/6z-108 new Adds reference to: 30 ILCS 105/6z-99 In the amendatory changes to the State Finance Act, eliminates the School-Based Mental Health Services Fund and provides that moneys in the Mental Health Reporting Fund may be used for reporting prohibitors to the National Instant Criminal Background Check System (NICS). Provides that any surplus moneys in the Fund shall be used as follows: (1) 50% shall be used to fund community-based mental health programs aimed at reducing gun violence, community integration and education, or mental health awareness and prevention, including administrative costs; and (2) 50% shall be used to award grants that use and promote the National School Mental Health Curriculum model for school-based mental health support, integration, and services. In the amendatory changes to the Firearm Owners Identification Card Act, provides that a live scan fingerprint vendor may not charge more than $30 per set of fingerprints. Reduces the application and renewal fees for Firearm Owner's Identification Cards from $50 to $20. Changes the amounts of the distribution of fees for applications for Firearm Owner's Identification Cards to various funds. House Floor Amendment No. 3 Restores language that any person within the State who, before the provisions concerning transferring firearms only through federally licensed firearm dealers become operative, shall keep a record of the transfer for a period of 10 years from the date of transfer under the same requirements before the provisions became operative and with the same penalties for violations. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) 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. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) 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. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) 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. Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1966, as amended by HA 1, will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1966, as amended by HA 2, will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 1966, as amended by HA 3, will not impact any public pension fund or retirement system in Illinois. Pension Note (Government Forecasting & Accountability) SB 1966, as engrossed, will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 1966, as engrossed, 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. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1966, 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. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1966, as amended by House Amendment 2, 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. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 1966, 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. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) In calendar year 2018, the Illinois State Police (ISP) received approximately 361,328 new and renewal FOID Card applications. SB 1966 (H-AM 1) would allow the Illinois State Police to collect $23 on each application for the Firearms Services Fund (administrative processes) and $15 for the State Police Revocation Enforcement Fund. Based upon 2018 new and renewal application submissions, a $38 fee would allow the ISP to collect approximately $13,730,464. Fiscal Note, House Floor Amendment No. 2 (Illinois State Police) In calendar year 2018, the Illinois State Police (ISP) received approximately 361,328 new and renewal FOID Card applications. SB 1966 (H-AM 2) would allow the Illinois State Police to collect $15 on each application for administrative processes and $5 for the State Police Revocation Enforcement Fund. Based upon 20I8 new and renewal application submissions, a $20 fee would allow the ISP to collect approximately $7,226,560. Fiscal Note, House Floor Amendment No. 3 (Illinois State Police) SB 1966 (H-AM 3) has no fiscal impact on the Illinois State Police. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. 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. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of Senate Bill 1966 (H-AM 1) would result in an increase of 79 offenders, with additional marginal costs of $6,324,000 over the first ten years after enactment. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Committee 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. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. 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.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a provider who has exhausted the written internal appeals process of a managed care organization (MCO) shall be entitled to an external independent third-party review of the MCO's final decision that denies, in whole or in part, a health care service to an enrollee or a claim for reimbursement to a provider for a health care service rendered to an enrollee of the Medicaid managed care organization. Requires an MCO's final decision letter to a provider to include: (i) a statement that the provider's internal appeal rights within the MCO have been exhausted; (ii) a statement that the provider is entitled to an external independent third-party review; (iii) the time period granted to request an external independent third-party review; and (iv) the mailing address to initiate an external independent third-party review. Provides that a party shall be entitled to appeal a final decision of the external independent third-party review within 30 days after the date upon which the appealing party receives the external independent third-party review. Provides that a final decision by the Director of Healthcare and Family Services shall be final and reviewable under the Administrative Review Law. Contains provisions concerning fees to help defray the cost of the administrative hearings; the specific claims of services that are appealable; and the Department's rulemaking authority. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/5-30.1 Adds reference to: 305 ILCS 5/1-5 from Ch. 23, par. 1-5 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning construction of the Code.

Amends the Illinois Income Tax Act. Provides that, upon the transfer of a film production services credit, the taxpayer shall pay to the Department of Commerce and Economic Opportunity 1.5% of the credit amount, which shall be deposited into the Film Workforce Training and Diversity Fund. Amends the State Finance Act to create the Film Workforce Training and Diversity Fund. Provides that moneys in the Fund shall be used to provide grants to certain organizations and institutions to administer workforce development and training programs that support efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce in the film industry. Effective immediately.

Amends the Counties Code. Provides that in a county exceeding a population of 3,000,000, if the court determines that the appointment of a special prosecutor is required because the State's Attorney is sick, absent, or unable to fulfill his or her duties or has a conflict of interest, the court shall request the Office of the State's Attorneys Appellate Prosecutor to serve as the special prosecutor where the cause or proceeding is an officer-involved death. Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Amends the Unified Code of Corrections. Makes changes in eligibility for the Offender Initiative Program and the Second Chance Probation Program. Increases the maximum amount of sentence credit that a prisoner may receive for various offenses from 4.5 to 8.5 (from 7.5 to 10.5 for gunrunning, drug-induced homicide, or aggravated methamphetamine-related child endangerment) days of sentence credit for each month of his or her sentence of imprisonment. Reduces the mandatory supervised release term for Class X, 1, and 2 felonies other than certain sex offenses to 18 months. Makes other changes.

Amends the Unified Code of Corrections. Provides that with certain exceptions the mandatory supervised release term for: (1) a Class X felony is 18 months (rather than 3 years); and (2) a Class 1 felony or a Class 2 felony is 12 months (rather than 2 years). Provides that with certain exceptions, a mandatory supervised release term shall not be imposed for a Class 3 felony or a Class 4 felony unless: (1) the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term; and (2) if the Prisoner Review Board determines a mandatory supervised release term is necessary base upon the validated risk and needs assessment, the Prisoner Review Board shall specify the maximum number of months of mandatory supervised release the offender may serve, limited to a term of: (i) 12 months for a Class 3 felony; and (ii) 6 months for a Class 4 felony.

Creates the Kratom Consumer Protection Act. Requires dealers of kratom products to disclose specified information. Provides that dealers shall not prepare, distribute, sell, or expose for sale: kratom products or kratom-containing products that meet specified criteria; or any kratom product to an individual who is under 18 years of age. Provides penalties and establishes a private cause of action for violations of the Act. Provides that the Department of Public Health shall adopt rules for the administration and enforcement of the Act.

Amends the Consumer Installment Loan Act. Provides that an income share agreement provider shall clearly and conspicuously disclose specified information in an income-based financing transaction no later than 3 business days before the consummation of the transaction. Requires an income share agreement provider to disclose a borrower's effective annual percentage rate under specified scenarios. Requires an income share agreement provider to provide a borrower with a monthly statement within 15 days before a payment due date, and to provide a borrower with an annual statement. Provides that the contractual payment percentage of an agreement may not exceed 5% of a borrower's qualified income, and no income share agreement term may exceed 60 months. Provides that an income share agreement provider shall not contract for a payment cap that exceeds 1.10 times the amount of the advance or extend an advance that exceeds $5,000. Provides that no payment may be collected under the terms of an income share agreement when a borrower is enrolled in a covered educational program, or during the 6-month grace period after a borrower leaves such a program. Provides that an income share agreement provider shall not engage in unfair or deceptive practices toward a borrower or misrepresent or omit any material information in connection with an income-based financing transaction. Provides that a borrower must exhaust all sources of federal student loans and state grants for which the borrower is directly eligible before entering into an educational income share agreement. Requires an income share agreement provider to provide readily accessible methods for consumers to submit a request for assistance to the provider, and to implement a process by which a borrower can escalate any request for assistance. Makes other changes. Defines terms.

Amends the School Code. Makes changes concerning sex education, including changing the name to sexual health and changing course requirements. Makes changes concerning family life course requirements. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the educational areas a comprehensive health education program must include. Effective immediately.

Mourns the passing of Justice Charles E. Freeman.