Sen. Elgie Sims

Creates the Student Debt Assistance Act. Prohibits an institution of higher learning or a public or private entity that provides academic transcripts from (i) withholding academic transcripts from a current or former student because the student owes a debt to the institution, (ii) conditioning the provision of an academic transcript on the payment of a debt, other than a fee charged to provide the transcript, (iii) charging a higher fee to obtain an academic transcript or providing less favorable treatment of a request for an academic transcript because a current or former student owes a debt, or (iv) using academic transcript issuance as a tool for debt collection. Beginning with the 2022-2023 academic year, requires an institution of higher learning to make a good faith effort to offer a debt repayment plan to any student who owes a debt of $250 or more to the institution. Sets forth provisions concerning the debt repayment plan and enrollment procedures. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Student Debt Assistance Act. Prohibits an institution of higher education from refusing to provide an unofficial transcript to a current or former student on the grounds that the student owes a debt; conditioning the provision of an unofficial transcript on the payment of a debt, other than a fee charged to provide the transcript; or charging a higher fee for obtaining an unofficial transcript or providing less favorable treatment of a request for an unofficial transcript because a current or former student owes a debt. Provides that an institution of higher education (1) must provide an official transcript of a current or former student to a current or potential employer, even if the current or former student owes a debt; (2) may not condition the provision of an official transcript to a current or potential employer on the payment of a debt, other than a fee charged to provide the transcript; and (3) may not charge a higher fee for transferring an official transcript to a current or potential employer or provide less favorable treatment for such a request because a current or former student owes a debt. Beginning with the 2022-2023 school year, requires every institution of higher education to have a policy instituting a financial or physical hardship withdrawal process; sets forth requirements concerning the process. Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies or used against that student in a credit report or credit score. Effective immediately. House Floor Amendment No. 2 Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies, except as provided by federal law (instead of may not be reported to any credit reporting agencies or used against that student in a credit report or credit score).

Amends the Property Tax Code. Provides that condominium associations and homeowner associations may also file appeals with the Property Tax Appeal Board. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that an association may, on behalf of all or several of the owners that constitute the association, file an appeal to the Property Tax Appeal Board or intervene in an appeal filed by a taxing body. Defines "association" as: (1) a common interest community association; (2) a unit owners' association; or (3) a master association.

Creates the Children's Mental Health Council Act. Creates the Children's Mental Health Council. Requires the Council to conduct at least 4 meeting each year, research and provide recommendations for the General Assembly on children with mental and behavioral disabilities and residential placements around the State and out of state, research and provide recommendations on how State agencies will be able to provide emergency placement for children with disabilities, research and provide recommendations on expanding residential beds and increasing the workforce, and review and provide recommendations for the General Assembly, State Board of Education, Department of Children and Family Services, Department of Healthcare and Family Services, Department of Juvenile Justice, and any other agency that is involved in the process of the placement of a child. Provides guidelines for appointing members. Provides terms for members appointed by the Governor. Provides that the State Board of Education shall provide administrative support. Provides that the Council shall prepare and deliver annual reports to the General Assembly, the Governor, and certain State agencies with any recommendations for legislation and any additional recommendations regarding children's mental and behavioral health. Provides that the Act is repealed on January 1, 2032. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Adds a requirement that the Children's Mental Health Plan include recommendations on how to more effectively meet the emergency and residential placement needs for all children with severe mental and behavioral challenges. Adds representatives of community mental health provider trade organizations to the group of representatives to the Children's Mental Health Partnership that are appointed by the Governor. Provides that the annual report will be delivered to the Governor and the General Assembly (currently, only the Governor). House Floor Amendment No. 5 Adds reference to: 405 ILCS 49/1 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Changes the title of the Act to the "Children's Mental Health Act". Provides that the Children's Mental Health Partnership shall advise the State of Illinois on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care. Provides that the Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan (instead of developing and monitoring the implementation of the Plan as approved by the Governor). Removes provisions concerning development of previous Plans. Provides for the powers and duties of the Partnership. Provides that the Partnership shall submit: an annual report to the Governor and the General Assembly on the progress of the Plans; recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act; and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary. Provides that the Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership. Effective January 1, 2023. House Floor Amendment No. 6 Provides that a representative of a statewide organization representing pediatricians shall also be included as one of the required public representatives of the Partnership appointed by the Governor.

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.

Amends the Public Utilities Act. In provisions concerning an application for a certificate of public convenience and necessity, provides that the Illinois Commerce Commission shall notify each owner of record of land included in a right-of-way over which the utility seeks in its application to construct a high-voltage electric line of the time and place scheduled for the initial hearing on the public utility's application by certified mail (rather than registered mail). Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 5/8-406 220 ILCS 5/8-406.1 Adds reference to: 720 ILCS 5/24-5.1 new Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that it shall be unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer. Provides that 180 days after the effective date of the amendatory Act, it shall be unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless: (A) the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer; (B) the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or (C) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer as specified. Provides that 180 days after the effective date of the amendatory Act, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it shall be unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process. Specifies requirements for the firearm serialization process. Requires the Director of the Illinois State Police to issue a public notice regarding the provisions concerning serialization of unfinished frames or receivers, prohibition on unserialized firearms, exceptions, and penalties within 30 days after the effective date of the amendatory Act. Provides exemptions and establishes penalties for violations. Effective immediately.

Amends the Illinois Vehicle Code. Provides that the registration fee paid by any vehicle owner who is eligible under the Senior Citizens and Persons with Disabilities Property Tax Relief Act or who is the spouse of such a person shall be $10 instead of $24.

Amends the Department of Innovation and Technology Act. Removes provision requiring the Department of Innovation and Technology to assist client agencies in identifying funding opportunities and ensuring compliance with all applicable laws, regulations, and grant terms. Removes provision requiring the Department to develop and implement a comprehensive plan to coordinate or centralize communications services among State agencies with offices at different locations. Modifies defined terms.

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. House Floor Amendment No. 1 Adds reference to: 765 ILCS 77/65 Provides that newly constructed residential real property that has never been occupied does not include the rehabilitation of existing residential real property (rather than rehabilitation of an existing home). Provides that a seller who has indicated "no" to occupying the property within the last 12 months on a residential real property form shall identify capacity or explain the relationship to the property (rather than only explain the relationship to the property). Requires a copy of specific provisions of Article 2 (rather than a copy of the whole Act) to be printed on or as a part of the Residential Real Property Disclosure Report form.

Amends the Employee Sick Leave Act. Removes language exempting from coverage under the Act an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act. House Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Employee Sick Leave Act. Provides that the rights afforded under the Act serve as the minimum standard in a negotiated collective bargaining agreement.

Amends the Illinois Vehicle Code. Provides that the registration fee for cars and small trucks shall be reduced by $25 if the vehicle is manufactured in this State and the application for registration is made no more than one year after the month in which the vehicle was manufactured. Senate Floor Amendment No. 3 Adds reference to: 625 ILCS 5/3-113 from Ch. 95 1/2, par. 3-113 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes the following changes: (1) removes language excluding motorcycles from the class of vehicles entitled to a rebate; and (2) further amends the Illinois Vehicle Code to provide that, beginning 90 days after the effective date of the amendatory Act, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $10 if the certificate of title is received by the Secretary from the dealer more than 45 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 or more days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $20.