Sen. Elgie Sims

Amends the Criminal Code of 2012. Provides that for purposes of the Sex Offenses Article of the Code, "unable to give knowing consent" also includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance. House Floor Amendment No. 1 Replaces the amendatory language of the bill. Provides that "unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance.

Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race", as used in the Employment Article, includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. House Floor Amendment No. 1 Adds reference to: 775 ILCS 5/5-102.2 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. Provides that, with respect to certain places of public accommodation, the Department of Human Rights has jurisdiction over the denial or refusal of the full and equal enjoyment of (rather than the denial of access to) facilities, goods, or services.

Creates the Park District and Public Utility Liability Act. Provides that provisions in, or in connection with, a land lease agreement between an electric public utility and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable. Provides that nothing in the Act shall prevent or prohibit a contract, promise, or agreement for a lessor to indemnify or hold harmless any lessee against liability for damages resulting from the sole negligence of the lessor. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes the word electric from the definition of "lessor." To the definition of "park district", adds forest preserve districts, conservation districts, and other local public entities that have recreation departments or facilities and have leases with lessors. Provides that waivers of subrogation are against public policy. House Floor Amendment No. 1 Provides that provisions in, or in connection with, a land lease agreement between a public utility (rather than an electric public utility) and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable.

Creates the Decennial Committees on Local Government Consolidation and Efficiency Act. Provides that, within one year after the effective date of the Act and at least once every 10 years thereafter, each unit of local government that may levy any tax (except municipalities and counties) must form a committee to: study local efficiencies, including an analysis of whether to consolidate with another unit of local government, municipality, or county; and create a report with recommendations regarding efficiencies, increased accountability, and consolidation. Provides that the duties of the committee include, but are not limited to, the study of the unit of local government's governing statutes, ordinances, rules, procedures, powers, jurisdiction, shared services, intergovernmental agreements, and interrelationships with other units of local government and the State. Provides that the committee shall collect data, research, analysis, and public input. Dissolves the committee after completion of its report. Provides for committee membership, meetings, and report requirements. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 5/17-1.1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Renames the Act to the Decennial Committees on Local Government Efficiency Act. Removes a requirement that a committee study whether the governmental unit should consolidate with another governmental unit, municipality, or county and makes conforming changes. Amends the School Code. Provides that the report that accompanies the school district's annual financial report must be adopted at an open meeting that allows for public comment. Amends the State Mandates Act to require implementation without reimbursement.

Amends the Critical Health Problems and Comprehensive Health Education Act. With respect to the Comprehensive Health Education Program, requires that the instruction on mental health and illness discuss how and where to find mental health resources in this State. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 110/5.5 new Adds provisions regarding instruction on mental health and illness to include how to find a mental health provider and how to access the mental health system. Creates the Student Mental Health Council to evaluate mental health among students, how mental health resources are being used, and the effect of COVID-19 on students' mental health. Provides that the Council shall meet at least once per quarter. Provides that the Council shall advise and make recommendations to the General Assembly and the Governor regarding: (i) the dissemination of information to schools, including agency websites, informational materials, and outreach personnel; (ii) available services to students and any gaps; and (iii) how to improve state policy concerning student mental health. Provides guidelines for appointing members. Provides that the State Board of Education shall provide administrative support. Defines which members serve for compensation, and the amount of the compensation. Provides that the Council shall deliver annual reports to the General Assembly and the Governor's Office. Provides that the Council is dissolved, and the Section creating the Council is repealed, on January 1, 2026. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Critical Health Problems and Comprehensive Health Education Act. Adds provisions regarding requiring instruction on how and where to find mental health resources and specialized treatment in the State. Creates the Student Mental Health Council to evaluate: mental health; how mental health resources are being used; and the effect of COVID-19 on students' mental health, substance use disorders, and other mental health conditions. Provides that the Council shall meet at least once per quarter. Provides that the Council shall advise and make recommendations to the General Assembly and the Governor regarding: (i) the dissemination of information to schools, including agency websites, informational materials, and outreach personnel; (ii) available services to students and any service gaps; and (iii) how to improve State policy concerning student mental health. Provides guidelines for appointing members. Provides that the State Board of Education shall provide administrative support. Describes which members serve for compensation and the amount of the compensation. Provides that the Council shall deliver annual reports to the General Assembly and the Governor's Office. Provides that the Council is dissolved, and the Section creating the Council is repealed, on January 1, 2026. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by Senate Amendment No. 2, with the following changes. Removes a provision providing for a stipend for certain members. Provides that no member of the Council, including the chairperson, shall receive any compensation for services on the Council but shall be reimbursed for ordinary and necessary expenses incurred in attending meetings of the Council. Senate Floor Amendment No. 4 Deletes reference to: 105 ILCS 110/5.5 new Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: With respect to the Comprehensive Health Education Program, requires that the Program include instruction on how and where to find mental health resources and specialized treatment in the State (rather than on mental health and illness discuss how and where to find mental health resources in the State). Amends the Children's Mental Health Act of 2003. Provides that the Children's Mental Health Partnership shall also include an adjunct council. Defines membership and qualifications of the adjunct council. Provides that the adjunct council will make recommendations to the Partnership regarding youth mental health, including, but not limited to, identifying barriers to youth feeling supported by and empowered by the system of mental health and treatment providers, barriers perceived by youth in accessing mental health services, gaps in the mental health system, available resources in schools, including youth's perceptions and experiences with outreach personnel, agency websites, and informational materials, methods to destigmatize mental health services, and how to improve State policy concerning student mental health. Provides that the council shall meet at least 4 times annually. House Floor Amendment No. 2 Provides that the Partnership shall include an adjunct council comprised of no more than 6 youth aged 14 to 25 and (rather than no more than) 4 representatives of 4 different community-based organizations (instead of 3 representatives of 3 different community based organizations) that focus on youth mental health. Provides that, of the community-based organizations that focus on youth mental health, one of the community-based organizations shall be led by an LGBTQ-identified person, one of the community-based organizations shall be led by a person of color, and one of the community-based organizations shall be led by a woman (instead of each community-based organization shall be led by an LGBTQ-identified person, a person of color, or a woman). Provides that, of the representatives appointed to the council from the community-based organizations, at least one representative shall be LGBTQ-identified, at least one representative shall be a person of color, and at least one representative shall be a woman.

Creates the Renewable Energy Component Recycling Task Force Act. Creates the Renewable Energy Component Recycling Task Force to investigate options for recycling and other end of life management methods for renewable energy generation components and energy storage devices in accordance with State and federal requirements, to identify preferred methods to safely and responsibly manage end of life renewable energy generating components and energy storage devices, including the reuse or refurbishment, and other specified duties. Provides for the membership and duties of the Task Force. Directs the Task Force to report its findings and recommendations to the Governor and the General Assembly by March 1, 2023. Provides legislative findings. Repeals the Act on December 31, 2023. Effective immediately. Senate Floor Amendment No. 1 Requires the Environmental Protection Agency to coordinate meetings for and provide other logistical assistance to the Task Force. Provides that the Agency may arrange to have outside experts provide research assistance, technical support, and assistance in the preparation of reports for the Task Force. Permits the Agency to use moneys from the Solid Waste Management Fund to fulfill its obligations. Requires the Task Force's final report to be submitted no later than July 1, 2025 (rather than March 1, 2023). Provides that the Act is repealed on December 31, 2025 (rather than December 31, 2023).

Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the Abraham Lincoln Presidential Library and Museum Act, to the extent that there is a conflict between the provisions of Executive Order 2017-1 and the Act, supersedes the Executive Order, and shall be controlling. Provides that the position of State Historian is now an honorary position, and specifies new duties of the honorary State Historian. Transfers previously held duties and requirements of the State Historian under the Act to the Abraham Lincoln Presidential Library and Museum and its Executive Director. Removes provision requiring the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to mutually cooperate to establish a working group for specified purposes. Removes provision allowing the Executive Director of the Abraham Lincoln Presidential Library and Museum to have hiring and appointing power over specified personnel. Repeals the State Historical Library Act. Repeals the Illinois Sesquicentennial of the American Civil War Commission Act. Makes conforming changes concerning the State Historian. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 3475/20 Replaces everything after the enacting clause. Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the Abraham Lincoln Presidential Library and Museum Act, to the extent that there is a conflict between the provisions of Executive Order 2017-1 and the Act, supersedes the Executive Order, and shall be controlling. Provides that the Governor in consultation with the Board of Trustees of the Abraham Lincoln Presidential Library and Museum and the Illinois Historical Society shall appoint the Illinois State Historian (currently, appointed by the Executive Director of the Abraham Lincoln Presidential Library and Museum). Provides for qualifications and term requirements of the Illinois State Historian. Transfers previously held duties and requirements of the State Historian under the Act to the Abraham Lincoln Presidential Library and Museum and its Executive Director. Removes provision requiring the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to mutually cooperate to establish a working group for specified purposes. Removes provision allowing the Executive Director of the Abraham Lincoln Presidential Library and Museum to have hiring and appointing power over specified personnel. Repeals the State Historical Library Act. Repeals the Illinois Sesquicentennial of the American Civil War Commission Act. Makes conforming changes.

Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, on and after January 1, 2023, returns for motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of the State are required to be filed electronically. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 120/3 from Ch. 120, par. 442 Adds reference to: 35 ILCS 200/Art. 10 Div. 21 heading new 35 ILCS 200/10-800 new Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that certain property located in Bloom, Bremen, Calumet, Rich, Thornton, or Worth Township may be certified as southland reactivation property. Provides that, beginning with the first tax year after the property is certified as southland reactivation property and continuing through the twelfth tax year after the property is certified as southland reactivation property, the property shall be valued at 50% of the base year equalized assessed value. Provides that the base year is the last tax year prior to the date of the application for southland reactivation designation during which the property was occupied and assessed and had an equalized assessed value. Sets forth the maximum aggregate tax liability for property that has been certified as southland reactivation property. Effective immediately.

Amends the Unified Code of Corrections. Directs the Department of Corrections to create a searchable database on its website of all real property under the Department's control within the State of Illinois. Specifies the information to be contained in the searchable database and requires the Department to regularly update the information in the database. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 730 ILCS 5/3-4-2.5 new Replaces everything after the enacting clause. Authorizes the Director of Corrections to deliver a quitclaim deed for certain real property in Kankakee County to the Village of Hopkins Park for $1, subject to specified conditions. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: Authorizes the Director of the Department of Corrections to execute and deliver to the Lockport Township Fire Protection District, for and in consideration of $1, a quitclaim deed for the certain described real property in Will County. Effective immediately.