Sen. Elgie Sims

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that if a merchant closes a customer's credit account because the merchant's business is closing or being liquidated, or due to inactivity on the credit account by its owner, the merchant shall report to the credit reporting agencies and to the owner of the account information explaining that the account was closed due to issues related to the merchant or inactivity and not the customer's failure to pay the balance of the credit account. Provides that any person who violates the provisions commits an unlawful practice.

Amends the Juvenile Court Act of 1987. Establishes procedures for determining whether a child is fit to stand trial. Provides that the procedures apply to a child under the age of 21, regardless of whether the person is subject to the Act or prosecuted under the criminal laws of the State. Provides that unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. Provides that a diagnosis is not required for a finding of unfitness. Provides that a child is unfit when the child either: (1) lacks sufficient present ability to consult with the child's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the child's defense; or (2) lacks a rational or a factual understanding of the proceedings against the child, as evidenced by certain specified factors. Provides that the issue of the child's fitness to stand trial, to plead, or to be sentenced may be raised by the child's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. Provides that in making determinations on the issue of a child's fitness, the following burdens of proof and presumptions shall apply: (1) when the court finds a bona fide doubt as to the fitness of a child, the State bears the burden of proving that the child is fit by clear and convincing evidence; and (2) a child who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication. Provides that the Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of these provisions. Provides that the report and recommendations shall be submitted to the General Assembly on or before January 1, 2024. Contains a severability provision. Effective July 1, 2023.

Amends the Illinois Library System Act. Provides that it is the policy of the State to encourage the improvement of free public libraries and to encourage cooperation among all types of libraries in promoting the sharing of library resources, including digital resources, and to encourage and protect the freedom of public libraries and library systems to acquire materials without external limitation and to be protected against attempts to ban, remove, or otherwise restrict access to books or other materials. Provides that the State Librarian shall prescribe rules concerning the development of a written policy declaring the inherent authority of the public library or library system to prohibit the practice of banning specific books or resources. Provides that, in order to be eligible for State grants, a public library or library system shall develop a written policy prohibiting the practice of banning books within the public library or library system. Makes other changes.

Amends the Casualty Insurance, Fidelity Bonds, and Surety Contracts Article of the Illinois Insurance Code. Provides that an insurer that is licensed and authorized to do business in the State of Illinois shall consider an applicant's or insured's compliance with the amendatory Act when providing commercial liability insurance to a music venue. Amends the Liquor Control Act of 1934. Provides that if a licensee operates as a music venue, the licensee shall ensure that, during its hours of operation as a music venue, it or the music venue operator has opioid antagonists available at the premises and that there is a staff member on the premises who has been sufficiently trained on how to properly administer an opioid antagonist. Provides that a licensee or music venue operator and a person who is sufficiently trained and in good faith administers or provides an opioid antagonist in accordance with the provisions, shall not, as a result of the person's acts or omissions, except willful or wanton misconduct on the part of the person, in administering or providing the opioid antagonist, be liable for civil damages. Defines "music venue". Effective June 1, 2024.

Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.

Amends the Automatic Contract Renewal Act. Provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately. Defines "clear and conspicuous".

Creates the Illinois Underground Railroad Task Force Act. Creates the Illinois Underground Railroad Task Force. Provides that the Task Force shall develop a statewide plan to connect existing local projects and new projects to create a cohesive statewide history of the Underground Railroad in Illinois while creating new educational and tourism opportunities for the State. Establishes the membership of the Task Force. Provides that the members of the Task Force shall serve without compensation. Provides that the Department of Natural Resources shall provide administrative and technical support to the Task Force. Provides that all members of the Task Force shall be appointed within 30 days after the effective date of the Act. Provides that the Task Force shall review available research, existing infrastructure and projects, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall prepare a report detailing the Task Force's findings and recommendations and needed resources. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor on or before July 1, 2024. Provides that the Task Force is dissolved, and the Act is repealed, on January 1, 2025.

Amends the Children and Family Services Act. In the definition of "child welfare services", provides that one of the purposes of the Department of Children and Family Services is to place children in suitable permanent family arrangements (rather than in suitable adoptive homes), in cases where restoration to the biological family is not safe, possible, or appropriate. Removes language providing that one of the purposes of the Department's child welfare services is to assure safe and adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. Repeals a provision requiring the Department of Children and Family Services to establish the Governor's Youth Services Initiative.

Amends the Illinois Procurement Code. Removes a repeal date for the definition of "single prime", but makes the definition inoperative on January 1, 2026 for public institutions of higher education. Removes a provision limiting applicability through December 31, 2025 of provisions related to single prime projects. Removes a provision limiting the Capital Development Board from using the single prime procurement delivery method under specified circumstances. Limits provisions relating to building construction contracts in excess of $250,000 to public institutions of higher education. Provides that, before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of specified factors. Provides that the Chief Procurement Officer must review the Capital Development Board's determination and consider the adequacy the evaluation of the specified factors to determine whether the Board may proceed with single prime. Allows the Board to cure their determination if the Chief Procurement Officer finds the Board's written determination insufficient. Effective immediately.

Amends the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act to update a cross reference. Effective immediately.