Sen. Graciela Guzmán

Amends the Public Utilities Act. In provisions concerning a Large Electing Provider's transition to IP-based networks and service, provides that a Large Electing Provider shall provide telecommunications service, including telecommunications service over traditional circuit switched networks, to existing business and residential end-use customers until at least December 31, 2031. Provides that, beginning January 1, 2032, a Large Electing Provider shall start the process of returning the salvage value of traditional circuit switched networks to the people of the State. Requires a Large Electing Provider to complete the salvage of the Large Electing Provider's traditional circuit switched networks by January 1, 2038. Provides that the Large Electing Provider shall document and report to the Department of Public Health and the Illinois Commerce Commission, on a quarterly basis, all activities related to the salvage of the Large Electing Provider's traditional circuit switch networks, including, but not limited to, the total realized salvage value, a per-mile salvage value, the geographic location of all salvages, and the value of such salvages. Provides that, if a Large Electing Provider retires a traditional circuit switch network, the Large Electing Provider shall, beginning on December 1, 2032 and annually thereafter, transfer the salvage value of the retired networks to the Lead Service Line Replacement Fund for the sole purpose of providing grants to municipal and private water utilities to replace lead service lines. Effective immediately.

Amends the Metropolitan Water Reclamation District Act. Makes changes in provisions concerning the circumstances under which the executive director of the Metropolitan Water Reclamation District shall issue cease and desist orders and may issue orders to show cause and discontinue specified discharge-related violations. Provides that the Board of Commissioners of the District may order the party responsible for violations to pay a civil penalty that is not less than $1,500 nor more $5,000 per violation in show cause proceedings (rather than not less than $1,000 nor more than $2,000 for each day of discharge). Further provides that violations occurring after the last cited violation may be included in a separate show cause proceeding or consolidated with the current show cause proceeding at the district's sole discretion. Specifies that the court may assess a civil penalty of not less than $1,500 nor more than $25,000 (rather than not less than $1,000 nor more than $10,000) for each day an offending party violates a final order of the Board of Commissioners and for each violation when the offending party's discharge represents an imminent danger to public health, welfare, safety; presents an endangerment to the environment; or threatens to interfere with the sewerage system or a water reclamation plant under the jurisdiction of the district. For show cause and Board order violations, adds that, when multiple exceedances of pollutant limits occur in a single day, the number of violations in that day shall be the number of exceedances in that day and that each regulatory multiple day average that exceeds acceptable limits also constitute a separate violation. Makes other changes.

Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that a violation does not apply to an immigration agent. Provides that a violation is a Class 4 felony unless a deadly weapon is used while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, in which case the violation is a Class 3 felony.

Provides that the Act may be referred to as the Abraham Lincoln Law. Amends the Illinois Civil Rights Act of 2003. Creates a cause of action against a person who, under color of any State law or rule or ordinance by a unit of local government deprives any citizen of this State or other person within the State's jurisdiction of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that it is not a defense to any action filed under the Act that, at the time of the deprivation: (i) the defendant was acting in good faith; (ii) the defendant believed, reasonably or otherwise, that the defendant's conduct was lawful; (iii) the rights, privileges, or immunities secured by the Illinois Constitution were not clearly established; (iv) the state of the law was such that the defendant could not reasonably have been expected to know whether the conduct was lawful; or (v) the defendant was acting in a prosecutorial or judicial capacity. Provides that in any proceeding under the Act in which a plaintiff's claim prevails, the defendant shall be liable for reasonable attorney's fees and other litigation costs, including fees incurred on an hourly or contingency basis, as well as by an attorney providing services pro bono. Provides that a plaintiff's claim shall be deemed to have prevailed if the plaintiff obtains any relief sought in the complaint, whether via judgment, settlement, or the defendant's voluntary action. Provides that if there is any conflict between the Act and any other law of this State, the amendatory Act controls.

Amends the Illinois Civil Rights Act of 2003. Provides that the Act may be referred to as the Illinois Accountability Act. Provides that a person who claims to have suffered a deprivation of any rights, privileges or immunities under the Illinois Constitution because of acts or omissions of a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body may maintain an action to establish liability and recover compensatory damages, punitive damages, and injunctive relief. Provides that in any action filed under the Act, a public body or person acting on behalf of a public body does not enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that if the plaintiff prevails in an action under the Act, the public body is liable for reasonable attorney's fees and other litigation costs. Provides that statutory immunities and limitations on liability, damages, or attorney's fees do not apply to claims brought under the Act. Provides that an action filed under the Act that is pending does not abate upon the death of the plaintiff or defendant. Provides that a judgment awarded under the Act against a person acting on behalf of a public body, under color of, or within the course and scope of the authority of the public body is to be paid by the public body. Provides that the State does not have sovereign immunity for itself or any of its political subdivisions against claims brought the Act. Provides that if there is any conflict between the Act and any other law of this State, the amendatory Act controls.

Creates the Prohibition of Discriminatory Disability Mascots Act. Restricts a public educational institution from the adoption or continued use of discriminatory disability mascots. Allows a public educational institution to continue to use uniforms or other materials bearing a prohibited name, logo, or mascot that were purchased on or before the effective date of the Act until September 1, 2028 if certain requirements.

Amends the Article of the School Code concerning the Chicago school district. Removes the prohibition on student members of a local school council being counted for purposes of determining whether a quorum is present to act and having a vote on the following measures: (i) the evaluation of a principal; (ii) the renewal of a principal's performance contract or the inclusion of any provision or modification of the contract; (iii) the direct selection by the local school council of a new principal to serve under a 4-year performance contract; or (iv) the determination of the names of candidates to be submitted to the general superintendent for the position of principal. Requires 8 affirmative votes of the local school council at attendance centers enrolling students through grade 8 and 9 affirmative votes of the local school council at secondary attendance centers (rather than 7) for the direct selection by the local school council of a new principal. Provides that student members of a local school council shall count toward a quorum on all measures brought before the local school council. Removes the prohibition on student members of a local school council being eligible to vote on personnel matters and the allocation of teaching and staff resources.

Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.

Amends the Property Tax Code. Provides that a county opting out of the special assessment programs to reduce the assessed value of certain residential real property shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation prior to the county opting out. Requires that the special assessment programs be available to all qualifying residential real property regardless of whether or not the property has or is currently receiving any other public financing or subsidies or subject to any regulatory agreements with any public entity, or both. If an owner is approved for the reduced valuation prior to December 31, 2037 and the provisions are not subsequently extended, this shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation. Provides that, if the chief county assessment officer has not created application forms, the chief county assessment officer shall make publicly available and accept applications forms that shall be available to local governments from the Illinois Department of Revenue. If a county Internet website exists, the application materials, as well as any other program requirements used by the county (such as application deadlines, fees, and other procedures required by the application) must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer. On an annual basis, requires the Illinois Housing Development Authority to calculate and make available on its website the minimum per square foot expenditure requirements to be applicable statewide to be eligible for the reduced valuation, which shall include the historical annual expenditure requirements starting with calendar year 2021. Changes reference to improvements to existing residential real property to substantially rehabilitated residential real property. Makes other changes.

Amends the Illinois Vehicle Code. Provides that a person operating a bicycle on the roadways of this State shall not be prohibited from side-by-side riding, riding contraflow on one-way streets, and rolling through stop signs at clear intersections.