Sen. Elgie Sims

Amends the Election Code. Makes a technical change in a Section of the campaign finance Article concerning definitions. Senate Floor Amendment No. 2 Deletes reference to: 10 ILCS 5/9-1 Adds reference to: 10 ILCS 5/25-6 from Ch. 46, par. 25-6 Replaces everything after the enacting clause. Amends the Election Code. Provides that when a vacancy occurs in the office of State Senator or State Representative in the General Assembly, the legislative or representative committee of that legislative or representative district that fills the vacancy shall provide members of the public within the district with notice of the vacancy and the replacement process. Provides that the committee shall also provide members of the public with notice of an impending vote to fill the vacancy. Provides that any meeting held by a legislative or representative committee for purposes of filling a vacancy in the General Assembly shall be open to the public and shall also be recorded and broadcast by electronic means for public consumption. Provides requirements for appointments that may be filled by the Governor. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/25-6 Adds reference to: 10 ILCS 5/1-18 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 10 ILCS 5/19A-20 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 Replaces everything after the enacting clause. Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2022. Pension Note, House Committee Amendment No. 1 (Dept. of Transportation) SB 0828, as amended by HA I, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 0828, as amended by House Amendment 1 as it is not a supplement.al appropriation that increases or decreases appropriaiions. Under the Act, a balanced budget note must be prepared only for bills that change a genCral funds appropriation for the fiscal year in which the new bill is enacted. Fiscal Note, House Committee Amendment No. 1 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of 5B828, HCA1. Total Fiscal Impact: N/A House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45.8 new 10 ILCS 5/1-19 new In provisions amending the Election Code concerning post-conviction voting, removes the requirement that a person convicted of a felony, or otherwise under sentence in a correctional institution or jail, be eligible to vote not later than 5 days before the first primary, general, consolidated, or special election immediately following his or her conviction. Makes changes to the requirements of the annual report by the State Board of Elections. Provides that the provisions apply to all elections beginning with the general primary election in 2022. Provides the State Board of Elections with rulemaking authority, including emergency rules, to implement the provisions. Creates the Post-Conviction Task Force to study how to implement provisions restoring voting rights and allowing voting while a person is under sentence in a correctional institution. Requires the Task Force to submit a report on its findings and recommendations on or before December 31, 2021. Dissolves the Task Force on January 1, 2023. Makes conforming changes in the Illinois Administrative Procedure Act. Changes the effective date to immediate rather than July 1, 2022. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 0828, as amended by House Amendment 2 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. Fiscal Note, House Floor Amendment No. 2 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828 (H-AM). Total Fiscal Impact: N/A Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 828 House Amendment #2; therefore, there are no appraisals to be filed. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 0828, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 2, w8uld not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 828 House Amendment #2; therefore, there are no appraisals to be filed. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. 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. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate under the State Mandates Act. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) The proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) The proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. House Floor Amendment No. 3 Deletes reference to: 10 ILCS 5/1-18 new Adds reference to: 10 ILCS 5/1-21 new Replaces everything after the enacting clause. Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that correctional institutions shall make available to persons in custody certain current resource materials related to elections. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote for a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2022. Fiscal Note, House Floor Amendment No. 3 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828 (H-AM 3) Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0828, as amended by HA 3, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) 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. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 828, 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. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. 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. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not 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. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) Therefore, Senate Bill 0828 as Amended by House Amendment 003 would result in no increase in the corrections population and have an unknown fiscal impact on the Department over the first ten years after enactment. House Floor Amendment No. 4 Makes changes to the bill as amended by House Amendment No. 3. Provides that a correctional institution shall make available to a person in its custody resource materials current to an election, which are requested by that person in its custody and received at the correctional institution from a local election authority in response to that person's request. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall only be allowed to vote by mail. Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) SB 0828, as amended by HA 4, will not impact any public pension fund or retirement system in the State of Illinois. Home Rule Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 4 (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. Housing Affordability Impact Note, House Floor Amendment No. 4 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Judicial Note, House Floor Amendment No. 4 (Admin Office of the Illinois Courts) The proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Fiscal Note, House Floor Amendment No. 4 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828, HCA4.

Amends the Residential Real Property Disclosure Act. Changes the definition of "seller". Defines "contract". Changes the phrases "disclosure document" and "disclosure statement" to "disclosure report". Provides that if a seller is involved in specified types of transfers, the seller is exempt from the Act, regardless of whether a disclosure report is delivered. Provides that the seller shall deliver to the prospective buyer the written disclosure report before the signing of a contract (rather than before the signing of a written agreement by the seller and prospective buyer that would require the prospective buyer to accept a transfer of the residential real property). Provides that if, prior to closing, any seller becomes aware (rather than has actual knowledge) of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shall supplement the prior disclosure report. Makes changes to the disclosure report form. Provides that if a seller discloses a material defect in the disclosure report, a prospective buyer, within 5 (rather than 3) business days after receipt of the disclosure report, may terminate the contract. Provides that if a seller discloses a material defect in a supplement to the disclosure, the prospective buyer shall not have a right to terminate unless: (i) the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time of the prior disclosure; (ii) the material defect is not repairable prior to closing; or (iii) the material defect is repairable prior to closing, but within 5 business days after delivery of the supplemental disclosure, the seller declines, or otherwise fails to agree in writing, to repair the material defect. Allows for the disclosure report to be delivered by email or other electronic delivery. Makes other changes. Effective immediately.

Amends the Illinois Income Tax Act. Provides that a taxpayer who may claim a qualifying student as a dependent is allowed a credit of up to $2,000 for qualified tuition and fee expenses paid by the taxpayer. Provides that the term qualifying student means a person who (i) is a resident of the State, (ii) is under the age of 24 at the close of the school year for which a credit is sought, and (iii) during the school year for which a credit is sought, is a full-time student enrolled in a program at a qualifying college or university. Effective immediately.

Makes various appropriations to the Office of the State Comptroller for the fiscal year ending June 30, 2022. Effective July 1, 2021.

Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date.

Amends the Public Utilities Act. Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article from December 31, 2021 to December 31, 2026. Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). Effective immediately.

Appropriates $6,000,000 from the General Revenue Fund to the Department on Aging for services provided under the Family Caregiver Act. Effective immediately.

Amends the Criminal Identification Act. Provides that no fee shall be required if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except for the expungement or sealing of certain records of minor traffic violations. Eliminates the county fee waiver pilot program that was only applicable in counties of 3,000,000 or more inhabitants that was set to expire on January 1, 2021.

Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor under the age of 12 (rather than 14) years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that neglect does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (1) traveling to and from school, including by walking, running, or bicycling; (2) traveling to and from nearby commercial or recreational activities; (3) engaging in outdoor play; (4) remaining in a vehicle unattended, except as otherwise provided by law; (5) remaining at home unattended; or (6) engaging in a similar independent activity. Amends the Criminal Code of 2012. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 12 (rather than 13) without supervision by a responsible person over the age of 14 for a period of 24 hours or more. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the legislative findings. Provides that a neglected minor includes any minor (rather than a minor under 14 years) whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides that factors considered in determining if a minor's needs can be sufficiently met during an independent activity are whether the activity is generally accepted as suitable for minors of the same age or level of maturity, or are developmentally appropriate for a minor based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the minor's age or age group. Provides that the determination for a specific minor shall also take into account the developmental stage of that minor's cognitive, emotional, and physical development and the minor's behavioral capacities. Amends the Criminal Code of 2012 to change the child abandonment statute. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that for the purposes of this provision, no specific age shall be determinative of reasonableness. Provides that reasonableness shall be determined by the maturity of each individual child (rather than leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more).

Amends the Public Building Commission Act. Makes a technical change to a Section concerning the short title.