Sen. Omar Aquino

Amends Public Act 94-653. Authorizes the Department of Human Services to grant and convey a permanent conservation easement to any entity in addition to the Department of Natural Resources that the Department of Human Services deems appropriate. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following change: authorizes the Department of Human Services to grant and convey a permanent conservation easement to the Chicago Park District (instead of to any entity that the Department of Human Services deems appropriate). Effective immediately. Senate Floor Amendment No. 2 Adds reference to: P.A. 94-653, Sec. 10 rep. Repeals a provision in Public Act 94-653 regarding the legal description of the land. Makes a conforming change and corrects a typographical error. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Authorizes the Department of Human Services to grant and convey a permanent conservation easement to the Chicago Park District. Repeals a provision in Public Act 94-653 regarding the legal description of the land. Authorizes the Director of the Department of Natural Resources to terminate all contractual interests of the State of Illinois provided in the agreement between the State and the City of Pana, made on June 28, 1949, for the purpose of funding the construction of a dam and water reservoir to create the Pana Lake Project. Provides that the State of Illinois shall not receive compensation for the termination of its contractual rights. Provides that the Director shall execute a mutual termination with the City of Pana terminating both parties' interests in the agreement. Authorizes the Director to execute and deliver a quitclaim deed concerning specified real property to the Forest Preserve District of Will County for $1. Authorizes and directs the Illinois Medical District Commission to execute and deliver a quitclaim deed for specified real property to the Julie and Michael Tracy Family Foundation. Effective immediately. Governor Amendatory Veto Message Recommends the deletion of language authorizing and directing the Illinois Medical District Commission to execute and deliver a quitclaim deed for specified real property to the Julie and Michael Tracy Family Foundation.

Amends the Business Corporation Act of 1983. Provides that, no later than the close of the 2020 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation's SEC 10-K form, are located in Illinois shall have a minimum of one female director and one African American director on its board of directors. Provides that the Secretary of State shall publish a report on its website documenting the number of corporations that have at least one female director and one African American director, the number of corporations that were in compliance at one point during the preceding calendar year, the number of corporations that moved to Illinois during the preceding calendar year, and the number of corporations that were previously subject to the requirements during the preceding year but are no longer publicly traded. Provides penalties for violations. House Committee Amendment No. 1 Removes language permitting the Secretary of State to impose penalties against himself or herself for failing to comply with specified reporting requirements. Senate Floor Amendment No. 3 Deletes reference to: 805 ILCS 5/8.10.1 new Adds reference to: 805 ILCS 5/8.12 new 805 ILCS 5/14.05 from Ch. 32, par. 14.05 Replaces everything after the enacting clause. Amends the Business Corporation Act of 1983. Provides that corporations shall report to the Secretary of State: (1) whether the corporation is a publicly held domestic or foreign corporation with its principal executive office located in Illinois; (2) data on specific qualifications, skills, and experience that the corporation considers for its board of directors, nominees for the board of directors, and executive officers; (3) whether each member of the corporation's board of directors self-identifies as a minority person and, if so, which race or ethnicity to which the member belongs; and (4) other information. Requires the Secretary to State to make the information public. Requires the University of Illinois System to review the reported information and publish on its website a report that provides aggregate data on the demographic characteristics of the boards of directors and executive officers of corporations filing an annual report for the preceding year along with an individualized rating for each corporation. Requires the establishment of a rating system assessing the representation of women and minorities on corporate boards. Provides that the report shall also identify strategies for promoting diversity and inclusion among boards of directors and corporate executive officers. Effective immediately.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997. Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 5/16-101 Adds reference to: 220 ILCS 5/16-115A 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-123 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Amends the Public Utilities Act. Adds additional requirements concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides requirements concerning alternative retail electric and gas supplier utility assistance recipients. Provides additional requirements concerning alternative retail electric and gas supplier utility single billing. Authorizes electric utilities to disclose and furnish specified information to customers concerning supply price and electric power and energy supply rate offers. Provides for additional information concerning electric and gas utilities to be submitted to the Illinois Commerce Commission in specified reports. Provides that the utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall not include the purchased electricity adjustment. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and solicitation of services. Makes other changes. Senate Floor Amendment No. 3 In marketing materials, requires the price to compare or utility gas supply cost rate beginning on (rather than on) the effective date of the price to compare. Makes grammatical changes in references to the Low Income Home Energy Assistance Program and the Percentage of Income Payment Plan. Provides that an agreement between an alternative retail electric supplier and a consumer who either received financial assistance in the last 12 months from the Low Income Home Energy Assistance Program or, at the time of enrollment, is participating in the Percentage of Income Payment Plan is void and unenforceable. Requires that alternative gas suppliers submit to the Illinois Commerce Commission and the Office of the Attorney General the rates the retail gas supplier charged to residential customers in the prior year (rather than prior quarter). In provisions requiring alternative gas suppliers to disclose the utility gas supply cost rates per therm price to compare, requires the alternative gas supplier to disclose the date on which the utility gas supply cost rates per therm became effective and the date on which they will expire. Requires that certain written information provided by an alternative retail gas supplier to a customer switching from another supplier shall be provided in a language in which the customer subject to the marketing or solicitation is able to understand and communicate, and the alternative retail gas supplier shall comply with specified provisions of the Consumer Fraud and Deceptive Business Practices Act. Makes changes in provisions concerning alternative retail gas supplier and utility assistance recipients. Makes other changes. House Committee Amendment No. 1 Adds reference to: 220 ILCS 5/16-115 220 ILCS 5/16-115A 220 ILCS 5/16-115B 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-119 220 ILCS 5/16-123 220 ILCS 5/19-110 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-120 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with additions and changes. Adds provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers, and provides additional requirements for the granting of a certificate of service authority. Makes changes in provisions concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides additional oversight requirements by the Illinois Commerce Commission of alternative retail electric suppliers and alternative gas suppliers. Makes changes in provisions concerning financial assistance recipients. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and services. Makes other changes. House Floor Amendment No. 3 In a Section of the Consumer Fraud and Deceptive Business Practices Act relating to alternative retail electric suppliers, limits the disclosure of comparison prices and a related explanatory statement to consumers who are either small commercial retail customers or residential consumer (currently, these disclosures are made to all consumers).

Creates the Illinois Student Loan Investment Act. Provides for the establishment, operation, and administration of the Student Investment Account by the State Treasurer. Provides that the State Treasurer shall establish fees to cover the costs of administration, recordkeeping, marketing, and investment management related to the Student Investment Account. Provides that the State Treasurer may charge and collect insurance premiums and deduct wages under the Act. Requires the State Treasurer to develop, publish, and implement one or more investment policies covering the investment of moneys under the Act. Provides for the creation and use of specified Funds to be held outside of the State Treasury with the State Treasurer as custodian. Provides for the adoption of rules. Amends the Deposit of State Moneys Act. Allows the State Treasurer to invest or reinvest State money in, among other items or purposes, investments made in accordance with the Student Loan Investment Act. Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Creates the Student Investment Account Act (currently, the Student Loan Investment Act). Adds a provision concerning the use of earnings from the Student Investment Account. Modifies provisions concerning the establishment, operation, and administration of the Student Investment Account by the State Treasurer, and adds requirements concerning income share agreements and income share agreement providers. Allows the State Treasurer to enter into income share agreements with participants (currently, borrowers) and to facilitate such arrangements between participants and eligible income share agreement providers (currently, lenders). Provides that the State Treasurer or his or her designee (currently, only State Treasurer) may charge and collect insurance premiums under the Act. Provides for the creation and use of specified Funds as non-appropriated separate and apart trust funds in the State Treasury (currently, Funds to be held outside of the State Treasury with the State Treasurer as custodian). Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" does not include, among other entities, the State Treasurer (currently, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf). Modifies and defines terms. Makes other changes. Effective immediately. House Floor Amendment No. 1 Provides that "student loan servicer" or "servicer" includes persons or entities acting on behalf of the State Treasurer. Modifies findings and purpose provisions.

Amends the Property Tax Code. Makes changes concerning certifications required for township and multi-township assessors and supervisors of assessments. Effective immediately.

Amends the Downstate Teacher Article of the Illinois Pension Code. In the definition of "teacher", removes a provision specifying that an annuitant receiving a retirement annuity under the Chicago Teacher Article who is employed by a board of education or other employer as permitted under specified provisions is not a "teacher" for purposes of the Downstate Teacher Article. Provides that the board may also require reporting requirements that are different than those specified in a provision concerning employer reporting requirements and may require different reporting requirements for different benefits or purposes established under the Article, including, but not limited to, any optional benefit plan an employee chooses to participate in. Provides that if the governing body of an employer that is not a State agency fails to forward specified required contributions within a specified period, the System shall notify the employer of an additional amount due, equal to $50 per day for each day that elapses from the due date until the day the report and employee contributions are received by the System (instead of the greater of an amount representing the interest lost by the system due to late forwarding of contributions, calculated for the number of days which the employer is late in forwarding contributions at a rate of interest prescribed by the board or $50). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 735 ILCS 5/17-101 from Ch. 110, par. 17-101 735 ILCS 5/17-102 from Ch. 110, par. 17-102 735 ILCS 5/17-105 from Ch. 110, par. 17-105 735 ILCS 5/17-106 from Ch. 110, par. 17-106 Adds reference to: 775 ILCS 5/3-102.5 new Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately. House Floor Amendment No. 3 Adds reference to: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-103 from Ch. 68, par. 2-103 775 ILCS 5/3-102 from Ch. 68, par. 3-102 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.

Amends the Illinois Aeronautics Act. Provides that the Division of Aeronautics of the Department of Transportation shall require the display of an MIA flag at any airport in its jurisdiction, either upon the same flag-staff as the United States national flag or otherwise. Effective immediately. House Floor Amendment No. 1 Changes the reference to the "MIA flag" to "POW/MIA flag". Provides that, if the POW/MIA flag is displayed on the same flagstaff as the United States flag, the POW/MIA flag shall fly immediately below the United States flag. Provides that, if the United States flag and a State flag or other flag or pennant is flown along with the POW/MIA flag on the same flagstaff, the order from top to bottom shall be: the United States flag, the POW/MIA flag, then the State flag or other flags, unless otherwise stipulated by the Flag Display Act.

Amends the Revised Uniform Unclaimed Property Act. Provides that the Act does not apply to any annuity, pension, or benefit funds held in a fiduciary capacity by a retirement system. Provides that property assumed abandoned in an annuity, pension, or benefit fund held in a fiduciary capacity by a retirement system shall be reported by the retirement system to the administrator. Provides that no retirement system shall pay or deliver any annuity, pension, or benefit funds held in a fiduciary capacity to the administrator. Provides, with exceptions, that the provisions are retroactive to January 1, 2018. House Floor Amendment No. 1 Adds reference to: 765 ILCS 1026/15-1506 new Replaces everything after the enacting clause. Amends the Revised Uniform Unclaimed Property Act. Provides, with exceptions, that the Act does not apply to any annuity, pension, or benefit fund held in a fiduciary capacity by a retirement system, pension fund, or investment board created under any Article of the Illinois Pension Code. Provides that property presumed abandoned in an annuity, pension, or benefit fund shall be reported by the retirement system, pension fund, or investment board to the administrator. Provides that no retirement system, pension fund, or investment board shall pay or deliver any annuity, pension, or benefit fund to the administrator. Provides, with exceptions, that the provisions are retroactive to January 1, 2018. Provides that a retirement system, pension fund, or investment board created under specified Articles of the Illinois Pension Code shall meet or exceed specified minimum standards for due diligence if an annuity, pension, or benefit fund would otherwise be presumed abandoned. Provides that a retirement system, pension fund, or investment board does not need to engage in due diligence if: the property is no longer presumptively abandoned because an apparent owner responds or otherwise indicates interest in the property in response to the due diligence efforts; or the property has a value of less than $50. Provides that the administrator and each retirement system, pension fund, and investment board shall enter into an interagency agreement concerning the implementation of the compliance provisions.

Amends the Illinois Wage Payment and Collection Act. Provides that gratuities to employees are the property of the employees and may not be retained by an employer. Provides that an employer's retention of gratuities is an underpayment of wages for purposes of the Act. Provides that the new provisions do not prohibit tip pooling as permitted by law. Provides that the new provisions do not affect an employer's entitlement to an allowance for gratuities to the extent permitted under the Minimum Wage Law. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments. Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 115/11 from Ch. 48, par. 39m-11 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Wage Payment and Collection Act. Provides that if a final and binding administrative decision issued by the Department of Labor requires an employer or other party to pay wages, penalties, or other amounts in connection with a wage claim, and the employer or other party has neither: (i) made the required payment within 35 days of the issuance of the final and binding administrative decision; nor (ii) timely filed a complaint seeking review of the final and binding administrative decision pursuant to the Administrative Review Law in a court of competent jurisdiction, the Department may file a verified petition against the employer or other party to enforce the final administrative decision and to collect any amounts due in the circuit court of any county where an official office of the Department is located.