Amends the Department of Innovation and Technology Act. Modifies provisions concerning the powers and duties of the Department of Innovation and Technology and its Secretary. Provides purpose provisions. Modifies definitions. Makes conforming and other changes in the Department of Innovation and Technology Act and the State Finance Act.
Sen. Elgie Sims
Sponsored bills
Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.
Creates the Interstate Contracts for Mental Health and Substance Use Disorder Treatment Act. Provides that the purpose of the Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health or substance use disorder to obtain appropriate treatment across state lines in qualified hospitals and facilities that are closer to their homes than are facilities available in their home states. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to provide substance use or mental health treatment to Wisconsin residents who are subject to involuntary commitment orders for treatment issued by Wisconsin courts, except that no services may be provided to Wisconsin residents who are involved in a criminal proceeding. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to secure substance use or mental health treatment for Illinois residents who are subject to involuntary commitment orders for treatment issued by State courts, except that no services may be secured for Illinois residents who are committed under specified provisions of the Code of Criminal Procedure or the Unified Code of Corrections. Contains provisions concerning involuntary commitment court orders, treatment records, transfers between facilities, required contract provisions, and other matters. Senate Floor Amendment No. 1 Changes the short title of the Act to the Interstate Contracts for Mental Health Disorder Treatment Act (rather than the Interstate Contracts for Mental Health and Substance Use Disorder Treatment Act). Removes all references to treatment for a substance use disorder and instead provides that the purpose of the Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health disorder to obtain appropriate treatment across state lines in qualified private hospitals and facilities that are closer to their homes than are facilities available in their home states. Provides that the Act does not apply to state-operated or public facilities or hospitals located in Wisconsin or Illinois.
Amends the Limitations Article of the Code of Civil Procedure. Provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered may not be commenced in any event more than 6 years after the date the professional services were performed. Provides, with exceptions, that the changes apply to every cause of action, regardless of the date that the cause of action accrues.
Amends the State Commemorative Dates Act. Provides that Juneteenth National Freedom Day shall be observed on June 19 of each year as a holiday throughout the State (currently, not a holiday and is observed on the third Saturday of June of each year). Provides that when June 19 falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Juneteenth National Freedom Day as a holiday. Effective immediately. Fiscal Note (Dept. of Central Management Services) Senate Bill 1965 will not require additional resources. Salaries will be paid, whether on holiday or at work. What is lost is productivity. If that equates to the cost of salaries, then CMS Bureau of Personnel's estimate is $11.3M statewide.
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish and support, subject to appropriation, entrepreneurship assistance centers, including the issuance of grants, at career education agencies and not-for-profit corporations. Provides criteria for the selection and designation of centers. Provides requirements for the establishment and operation of each center. Provides requirements for grant applicants. Provides reporting requirements. Defines terms.
Amends the Lodging Services Human Trafficking Recognition Training Act. Requires restaurants and truck stops to provide employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority.
Amends the Rental Housing Support Program Act. In a provision requiring the Illinois Housing Development Authority to adopt rules concerning grants awarded to local administering agencies to fund rent subsidies for low-income families, provides that the rules must limit eligibility for tenancy in the subsidized rental units to households with gross income that is at or below 40% (rather than 30%) of the family median income for the area in which the grant will be made. In a provision concerning rules on grants awarded to entities for the development of affordable rental housing, provides that the rules must require 50% of the units that are supported by any grant to be set aside for households whose income is at or below 25% (rather than 15%) of the median family income for the area in which the grant will be made. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Rental Housing Support Program Act. Provides that once a tenant has received assistance under the Rental Housing Support Program the tenant shall remain eligible for assistance under the Program until the tenant reaches an income level of 35% of area median family income and will then begin the transition out of the Program, as described in the rules governing the Program. Provides that local administering agencies should (rather than must) include 2-bedroom, 3-bedroom, and 4-bedroom units among those intended to be supported by grants under the Program.
Amends the Higher Education Veterans Service Act. With regard to the requirement to advertise the office location and phone number of and Internet access to the Coordinator of Veterans and Military Personnel and Student Services, provides that the advertisement must also include the website and any social media accounts of the public college or university. Requires each public college and university to annually report to the Board of Higher Education on the efforts of the public college or university in attracting, recruiting, and retaining veterans and military personnel. Effective immediately.
Creates the Human Trafficking Task Force Act. Provides requirements regarding the composition and duties of the task force. Provides that the task force shall provide a report containing specified information to the General Assembly and Governor no later than June 30, 2024. Abolishes the task force and repeals the Act on July 1, 2024. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: adds a statement of findings; and includes additional duties for the Task Force. Effective immediately.