Sen. Omar Aquino

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the introduced bill with the following changes: defines the terms "casino employer" and "hotel employer"; provides for the utilization of a safety device rather than a panic button; requires time off to be granted to file criminal complaints rather than sign police complaints; removes requirement that anti-harassment policies be posted in Polish; limits economic damage awards to $350 per incident; deletes the home rule preemption; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020. Senate Floor Amendment No. 2 Adds a definition. Defines the term "sexual assault" to mean: (1) an act of sexual conduct, as defined in Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. House Floor Amendment No. 1 Adds reference to: New Act 5 ILCS 140/7.5 20 ILCS 2105/2105-15 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/2-109 new 775 ILCS 5/2-110 new 775 ILCS 5/7-109.1 from Ch. 68, par. 7-109.1 775 ILCS 5/7A-102 from Ch. 68, par. 7A-102 775 ILCS 5/8-109 from Ch. 68, par. 8-109 775 ILCS 5/8-109.1 new 820 ILCS 180/5 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 5 ILCS 420/4A-101.5 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106 5 ILCS 420/4A-106.5 new 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 430/5-10.5 5 ILCS 430/20-5 5 ILCS 430/20-10 5 ILCS 430/20-50 5 ILCS 430/20-63 new 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-50 5 ILCS 430/25-63 new 5 ILCS 430/70-5 25 ILCS 170/4.7 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Creates the Workplace Transparency Act. Limits the terms of employment agreements that restrict specified employee rights with respect to allegations of unlawful conduct. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Division of Professional Regulation of the Department of Financial and Professional Regulation must exchange information with the Department of Human Rights regarding recommendations received regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Division of Professional Regulation. Amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; employer disclosure requirements, and bar and restaurant sexual harassment policies and prevention training. Makes a corresponding change in the Freedom of Information Act. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. Amends the Victims' Economic Security and Safety Act. Defines "gender violence" and makes the Act applicable in instances of gender violence. Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act to require annual participation in harassment and discrimination prevention training. Further amends the State Officials and Employees Ethics Act. Makes changes concerning: rights of persons subjected to discrimination, harassment, or sexual harassment; jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General, and the Legislative Ethics Commission; complaint process, reporting, and independent review of allegations of sexual harassment made against an elected official; and other matters. Contains severability language. Effective January 1, 2020, except (i) the Hotel and Casino Employee Safety Act takes effect July 1, 2020; and (ii) the changes to the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, and the Lobbyist Registration Act take effect immediately.

Amends the State Employees Group Insurance Act of 1971. Provides that "survivor" includes a person who would be receiving an annuity as a survivor of an annuitant except that the annuitant elected to receive an accelerated pension benefit payment. Provides that "TRS benefit recipient" includes a person who would be receiving a monthly benefit or retirement annuity under the Downstate Teacher Article of the Illinois Pension Code except that the benefit recipient elected to receive an accelerated pension benefit payment under that Article in lieu of receiving an annuity. Provides that "community college benefit recipient" includes a person who would be receiving a monthly survivor's annuity or retirement annuity under the State Universities Article of the Illinois Pension Code except that the benefit recipient elected to receive an accelerated pension benefit payment under that Article in lieu of receiving an annuity. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. In the definitions of "survivor", "TRS benefit recipient", and "community college benefit recipient", specifies that the elections to receive an accelerated pension benefit payment under the Illinois Pension Code are elections made on or after June 4, 2018.

Amends the Illinois Trust and Payable on Death Accounts Act. Makes a technical change to the short title Section. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 625/1 Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new 225 ILCS 125/10 225 ILCS 125/11 new 225 ILCS 125/15 225 ILCS 125/25 225 ILCS 125/26 new 225 ILCS 125/30 225 ILCS 125/31 new 225 ILCS 125/60 225 ILCS 125/65 225 ILCS 125/70 225 ILCS 125/75 225 ILCS 125/80 225 ILCS 125/90 225 ILCS 125/105 225 ILCS 125/115 225 ILCS 125/120 225 ILCS 125/125 225 ILCS 125/140 225 ILCS 125/150 225 ILCS 125/170 225 ILCS 125/185 225 ILCS 125/200 225 ILCS 125/210 225 ILCS 125/220 225 ILCS 125/95 rep. 225 ILCS 125/100 rep. 225 ILCS 125/135 rep. 225 ILCS 125/145 rep. 225 ILCS 125/155 rep. 225 ILCS 125/212 rep. 225 ILCS 125/215 rep. 225 ILCS 125/225 rep. 225 ILCS 125/227 rep. Replaces everything after the enacting clause. Amends the Regulatory Sunset Act by extending the repeal date of the Perfusionist Practice Act to January 1, 2030. Amends the Perfusionist Practice Act. Provides that all applicants and licensees shall provide an email address of record to the Department of Financial and Professional Regulation. Provides that a nonresident applicant for endorsement by the Department has 3 years to complete the application process. Provides that the Department may contract for court reporting services for any formal hearing in which a license may be revoked, suspended, placed on probationary status, reprimanded, fined, or otherwise subjected to disciplinary action. Provides that if a hearing officer is appointed to conduct a formal hearing, that officer shall report his or her findings of fact, conclusions of law, and recommendations to the Secretary of Financial and Professional Regulation and the Board of Licensing for Perfusionists (rather than to the Board). Provides that no person whose license has been revoked may apply for restoration until an application is permitted under the Civil Administrative Code of Illinois. Provides that a license that has been suspended or revoked shall be considered nonrenewed for the purposes of restoration. Makes changes concerning the powers and duties of the Department; the Board; application for licensure; licensure by endorsement; renewal, reinstatement, or restoration of licenses by persons in military service; continuing education; inactive status; fees; grounds for disciplinary action; record of proceedings; hearings; hearing officers; restoration for disciplinary status; administrative review; and unlicensed practice. Repeals provisions requiring the Department to maintain a roster and provisions imposing criminal penalties for violations of the grounds for disciplinary action. Makes other changes. Effective immediately.

Amends the Deferred Compensation Article of the Illinois Pension Code. Provides that the Department of Central Management Services shall automatically enroll in the deferred compensation plan any employee who, on or after 6 months after the effective date of the amendatory Act, first becomes a member or participant under the General Assembly, State Employees, or Judges Article. Provides that an employee automatically enrolled shall have 3% of his or her gross compensation for each compensation period deferred into his or her deferred compensation account. Provides that an employee automatically enrolled in the deferred compensation plan shall have 6 months from the date of enrollment to elect to not participate in the deferred compensation plan or to elect to increase or reduce the amount of gross compensation deferred. Provides that an automatically enrolled employee who elects not to participate shall receive a refund of the compensation deferred. House Committee Amendment No. 1 Adds reference to: 40 ILCS 5/24-105 from Ch. 108 1/2, par. 24-105 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that if a participating employee fails to direct the investment of amounts deferred into the various investment options offered to the participant, the amounts deferred shall be invested in the Plan's default investment fund and the investment shall be deemed to have been made at the participant's investment direction. Provides that an employee automatically enrolled into the deferred compensation plan shall have 3% of his or her pre-tax gross compensation (instead of gross compensation) for each compensation period deferred into his or her deferred compensation account. Provides that an employee shall have 30 days from the start date of employment (instead of 6 months from the date of enrollment) to elect to not participate in the deferred compensation plan or to elect to increase or reduce the amount of gross compensation deferred. Provides that an employee shall be automatically enrolled in the deferred compensation plan beginning the first day of the pay period following the employee's thirtieth day of employment. Makes changes to provisions concerning withdrawal from the deferred compensation plan. Provides that an employee electing to withdraw from the deferred compensation plan shall forfeit all employer matching contributions, if any, made prior to the election. Provides that any refunded amount shall be included in the employee's gross income for the taxable year in which the refund is issued.

Creates the Limited Cooperative Association Act. Authorizes the organization of a limited cooperative association, as an entity distinct from its members, for any lawful purpose, whether or not for profit. Provides that a limited cooperative association may be a collective worker cooperative in which there is only one class of members consisting of worker-members who manage all of the affairs of the limited cooperative association or a worker cooperative or employment cooperative that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the limited cooperative association. Contains provisions regarding: findings; formation; articles of organization; organization; bylaws; members; community investors; voting; a board of directors; an assembly; dissolution; conversion; and applicability of securities laws. Amends the Co-operative Act and the Illinois Securities Law of 1953 to make conforming changes. Effective immediately. House Committee Amendment No. 1 Changes the short title of the new Act to the Limited Worker Cooperative Association Act. Authorizes the establishment of limited worker cooperative associations rather than limited cooperative associations. Eliminates patron members as a form of membership. Provides for multi-stakeholder cooperatives. Changes the effective date to January 1, 2020.

Amends the Illinois Vehicle Code. Provides that no rail carrier shall operate a train or light engine used in connection with the movement of freight unless it has an operating crew consisting of at least 2 individuals. Provides that the minimum freight train crew size shall remain in effect until a federal law or rule encompassing the subject matter has been adopted. Grants the Illinois Commerce Commission the power to conduct evidentiary hearings, make findings, and issue and enforce orders, including sanctions, with respect to freight train crew member size. Provides that "train or light engine" does not include trains operated by a hostler service or utility employees. Fiscal Note (Illinois Commerce Commission) The Commision does not anticipate needing additional resources to fulfill the requirements of this bill.

Amends the Department of Agriculture Law of the Civil Administrative Code of Illinois. Provides that the Department of Agriculture shall rename the Ethnic Village exhibit at the Illinois State Fair to the Village of Cultures.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to promote the availability of the Child Care Assistance Program. Provides that the target audience for the Department's promotion efforts must include all families with children under age 13, families eligible for child care assistance, and child care providers. Requires the Department to adopt any rules necessary to implement the provision. House Floor Amendment No. 1 Deletes reference to: 305 ILCS 5/9A-11 Adds reference to: 20 ILCS 2205/2205-30 30 ILCS 500/20-25.1 new 205 ILCS 5/48.1 from Ch. 17, par. 360 205 ILCS 205/4013 from Ch. 17, par. 7304-13 205 ILCS 305/10 from Ch. 17, par. 4411 215 ILCS 106/7 215 ILCS 170/7 305 ILCS 5/5-4.1 from Ch. 23, par. 5-4.1 305 ILCS 5/5-5 from Ch. 23, par. 5-5 305 ILCS 5/5-5.07 305 ILCS 5/5-5.10 new 305 ILCS 5/5-5f 305 ILCS 5/5-30.1 305 ILCS 5/5-30.12 new 305 ILCS 5/5A-4 from Ch. 23, par. 5A-4 305 ILCS 5/11-5.1 305 ILCS 5/11-5.3 305 ILCS 5/11-5.4 305 ILCS 5/12-4.42 305 ILCS 5/14-13 new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Permits the Department of Healthcare and Family Services to require medical assistance recipients to pay a federally approved co-payment for services (rather than prohibiting co-payments for medical assistance services and generic drugs). Removes a provision requiring the Department to authorize nutritionists and certified diabetes educators to counsel senior diabetes patients at the patient's home. Requires the Department to confer with stakeholders to discuss the development of alternative value-based payment models that move away from fee-for-service and reward health outcomes and improved quality and provide flexibility in how providers meet the needs of the individuals they serve. Requires the Department to meet with mental health providers and other specified persons no later than July 1, 2019 to discuss the development of value-based payment models. Contains provisions concerning an extended period for claims submissions outside the standard filing requirements; a dispute resolution process; annual publications on the Department's website of each Medicaid managed care organization's (MCO's) calculated medical loss ratios; a MCO's liability effective date; updated provider directories from MCOs; operational guidelines to enhance and improve operation performance of the State's Medicaid managed care program; and health care information released to managed care organizations. Contains provisions concerning managed care claim rejection and denial management; pay stub information to verify eligibility for medical assistance; other acceptable information to verify continued eligibility for medical assistance; a review of the Medicaid redetermination process in order to identify changes that can increase the use of ex parte redetermination processing; reporting requirements; and audits for the State's Integrated Eligibility System; provisional eligibility for Medicaid long-term care services. Removes a provision concerning third party liability recoveries. Requires the Department of Healthcare and Family Services to implement, by October 1, 2019, a methodology effective for dates of service July 1, 2019 and later to reimburse hospitals for inpatient stays extended beyond medical necessity. Makes other changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Extends the completion date for a study the Department of Healthcare and Family Services must complete on long-term care trends and other matters. Amends the Illinois Procurement Code. Requires the Chief Procurement Officer to work with the Department of Healthcare and Family Services to identify an appropriate method of source selection to execute a contract for technology that will analyze claim denials in the Medicaid managed care program. Amends the Illinois Banking Act and the Illinois Credit Union Act. Makes changes to provisions concerning the furnishing of financial records by a bank or credit union to determine a person's eligibility or continued eligibility for Medicaid long-term care benefits. Amends the Children's Health Insurance Program Act and the Covering ALL KIDS Health Insurance Act. Adds provisions concerning pay stubs and other acceptable information to determine a person's eligibility for the benefits provided under those Acts. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 205 ILCS 5/48.1 205 ILCS 205/4013 205 ILCS 305/10 Adds reference to: 305 ILCS 5/5-30.11 new Removes changes made to the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act. Further amends the Medical Assistance Article of the Illinois Public Aid Code. Requires each Medicaid managed care health plan to submit a report to the Department of Healthcare and Family Services by March 1, 2020, and every March 1 thereafter, that includes certain information, including: (i) the amount of money the Medicaid managed care health plan has spent with Business Enterprise Program certified businesses; (ii) the amount of money the Medicaid managed care health plan has spent with minority-owned and women-owned businesses that are certified by other agencies or private organizations; and (iii) the point of contact for potential vendors seeking to do business with the Medicaid managed care health plan. Requires the Department to publish and maintain each report on its website for 5 years. Requires the Department to conduct 2 annual public workshops in May 2020 and every May thereafter to discuss the submitted Medicaid managed care health plans and to seek to connect vendors with the Medicaid managed care health plans. Provides that each Medicaid managed care health plan shall participate in the workshops and that the workshops shall be open to vendor communities.

Amends the Diversifying Higher Education Faculty in Illinois Act. Provides that the Program Board created to administer the grant program authorized by the Act shall be comprised of 11 (rather than 21) members. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 930/3 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that, beginning with the 2020-2021 school year, in addition to any other requirements under the Code, as a prerequisite to receiving a high school diploma, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must (i) file a Free Application for Federal Student Aid with the United States Department of Education or, if applicable, an application for State financial aid or (ii) on a form created by the State Board of Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application. Provides that a school district must require each high school student to comply with the requirements and must provide to each student and, if applicable, his or her parent or guardian any support or assistance necessary for compliance. Provides that a school district must award a high school diploma to a student who is unable to meet the requirements due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under the Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver. Allows the State Board to adopt rules.

Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Equal Pay Act of 2003. Provides that the exceptions to the equal pay requirement based on sex also apply to the equal pay requirement for African-American employees. Provides that an employer may prohibit a human resources employee, supervisor, or other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested. Provides that specified provisions shall not be construed to prevent an employer or employment agency from: providing information about the wages, benefits, compensation, or salary offered in relation to a position; or engaging in discussions with an applicant for employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation. Provides that an employer is not in violation of specified provisions when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation. Makes other changes. Effective 60 days after becoming law. Senate Floor Amendment No. 2 Provides that a wage differential factor that is not based on sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act must account for the differential (instead of "the entire differential").