Sen. Omar Aquino

Creates the Small Business Truth in Lending Act. Sets forth provisions concerning disclosure requirements for sales-based financing, closed-end commercial financing, open-end commercial financing, factoring transactions, renewal financing, and other forms of financing. Provides that all commercial financing shall include a clear and conspicuous notice on how to file a complaint with the Department of Financial and Professional Regulation. Provides that the Department may adopt rules. Provides that upon a finding by the Secretary of Financial and Professional Regulation that a provider has violated the provisions or rules, the provider shall be ordered to pay the Department a civil penalty for each violation of the provisions or any rule not to exceed $10,000 for each violation, or if a violation is willful, $20,000 for each violation. Sets forth provisions concerning cease and desist orders, injunctions, investigation and examination, civil actions, violations, and registration. Provides that a violation of the provisions constitutes an unlawful practice in violation of the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

Amends the State Treasurer Act. Provides that the State Treasurer may establish and administer a non-profit investment pool to supplement and enhance investment opportunities otherwise available to not-for-profit corporations in the State. Provides that the Treasurer may receive funds paid into the pool for the purpose of holding and investing those funds. Provides for surety bonds payable to not-for-profit corporations who participate in the pool. Makes changes to provisions concerning the direct deposit of State payments. Amends the Accountability for the Investment of Public Funds Act. Provides that the Treasurer shall adopt rules for the efficient administration of the pool. Provides that each State agency shall make available on the Internet, and update at least monthly, no later than the end of each month (rather than by the 15th of the month), sufficient information concerning the investment of any public funds held by that State agency to identify specified information. Effective immediately.

Urges the President of the United States to authorize the DHS Secretary to establish a program to evaluate parole and work authorization on a case-by-case basis for long-term immigrant workers who are undocumented and residing in Illinois to address this State's critical need for labor and to secure the family life for tens of thousands of mixed status families in Illinois. Urges the Governor to work with federal partners to urge, by all possible means, the establishment of such a parole and work authorization program for the long-term immigrant population who are undocumented and residing in Illinois.

Encourages the utilization of small, diverse, and veteran-owned firms, as M/WBE and DBE programs have demonstrated success in promoting economic opportunity, equity and access. Supports federal DBE standards and programs to ensure the success of the Illinois Department of Transportation's DBE Program. Urges Congress to take action to protect the USDOT DBE program and M/WBE and DBE programs overall.

Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.

Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.

Creates the Accessible Electric Vehicle Charging Station Act. Requires the Department of Transportation to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Requires chargers designed to serve people who use mobility devices to be located on an accessible route. Provides that the Department shall adopt the technical requirements for accessible routes established under the federal Americans with Disabilities Act of 1990 (ADA) and the federal Architectural Barriers Act of 1968 (ABA), including walking surfaces, curb ramps, and ramps. Establishes that a charging space with mobility features must provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet. Requires chargers to provide a clear floor or ground space. Requires clear floor or ground spaces to meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Provides that a reasonable number of chargers, as determined by the Department, shall comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Provides that a connector must allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than 5 pounds of force. Provides that all chargers operated or maintained by any entity within the State must comply with the technical requirements for hardware under the federal Rehabilitation Act of 1973. Grants rulemaking authority. Defines terms.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

Appropriates $20,000,000 from the General Revenue Fund to the Illinois Emergency Management Agency and Office of Homeland Security for deposit into the IEMA State Projects Fund for grants and operational expenses associated with the administration of Illinois’ Not-For-Profit Security Grant Program. Effective July 1, 2024.

Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2023.