Sen. Laura Ellman

Amends the Pawnbroker Regulation Act. Clarifies that it shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than permitted under the Predatory Loan Prevention Act. Amends the Predatory Loan Prevention Act. Provides that the definition of "loan" includes transactions subject to the Pawnbroker Regulation Act. Provides that it is a violation of the Act for any person or entity to solicit, broker, or otherwise engage in any other activity intended to facilitate or result in, or that in fact facilitates or results in, the origination of a loan that violates the Act. Provides that it is a violation of the Act for any person or entity to advertise or cause to be advertised a loan that violates the Act. Provides that a violation of the Act by a person or entity licensed under the Pawnbroker Regulation Act shall subject the person or entity to discipline in accordance with that Act. Makes other changes. Effective June 1, 2023.

Creates the Illinois Asian Indian American Advisory Council Act. Provides for the purpose of the Council. Provides for the appointment of members and ex officio members of the Council. Provides that members shall serve without compensation. Provides that the Office of the Governor shall provide administrative and technical support to the Council, including a staff member to serve as ethics officer. Provides for meetings of the Council. Provides that the Council shall issue semi-annual reports on its policy recommendations by June 30th and December 31st of each year to the Governor and the General Assembly. Provides for the focus of the content of the reports. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill and makes the following changes. Changes the name of the Illinois Asian Indian American Advisory Council to the Illinois Indian American Advisory Council. Throughout the Act, changes references to "Asian Indian" to "Indian". Provides that the 21 appointed members of the Council are voting members and the ex officio members of the Council are nonvoting members. Makes grammatical and typographical corrections.

Amends the Home Inspector License Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that the Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in the Act or as established by rule. Provides that all applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000 with deductibles of not more than $2,500. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules adopted under the Act. Makes changes in provisions concerning necessity of license, use of title, and exemptions; application for a home inspector license; renewal of a license; endorsement; continuing education renewal requirements; retention of records; grounds for disciplinary action; investigation, notice, and hearing; returned checks and dishonored credit card charges and penalty fees; violations, injunctions, and cease and desist orders; and education providers. Repeals a provision concerning peer review advisors. Amends the Regulatory Sunset Act to repeal the Home Inspector License Act on January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately. House Committee Amendment No. 1 Adds reference to: 225 ILCS 441/5-25 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the licensing of home inspector entities required under the Act does not apply to an entity whose ownership structure is one licensed home inspector operating a sole proprietorship, a single member limited liability company, or a single shareholder corporation, and that home inspector is the only licensed home inspector performing inspections on the entity's behalf. Provides that the licensed home inspector who is the sole proprietor, sole shareholder, or single member of the company or entity shall comply with all other provisions of this Act. Provides that a corporation, limited liability company, partnership, or entity shall, as a condition of licensure, designate a managing licensed home inspector. Provides that the managing home inspector of any home inspector entity shall be responsible for the actions of all licensed and unlicensed employees, agents, and representatives of that home inspector entity while it is providing a home inspection or home inspection service. Provides that it shall be grounds for disciplinary action if a licensee provides fees, gifts, waivers of liability, or other forms of compensation or gratuities to persons licensed under any real estate professional licensing act in this State as consideration or inducement for the referral of business. Makes changes to provisions concerning definitions; application for home inspector license; pre-license education requirements; grounds for disciplinary action; and no private right of action. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: 5 ILCS 80/4.37 In provisions amending the Regulatory Sunset Act, provides for repeal of the Home Inspector License Act on January 1, 2027 (rather than January 1, 2032). Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.32 5 ILCS 80/4.37 225 ILCS 441/1-10 225 ILCS 441/1-12 new 225 ILCS 441/5-5 225 ILCS 441/5-10 225 ILCS 441/5-12 225 ILCS 441/5-16 225 ILCS 441/5-17 225 ILCS 441/5-20 225 ILCS 441/5-25 225 ILCS 441/5-30 225 ILCs 441/5-50 new 225 ILCS 441/10-10 225 ILCS 441/15-10 225 ILCS 441/15-10.1 new 225 ILCS 441/15-15 225 ILCS 441/15-20 225 ILCS 441/15-36 new 225 ILCS 441/15-55 225 ILCS 441/15-60 225 ILCS 441/20-5 225 ILCS 441/25-15 225 ILCS 441/25-27 225 ILCS 441/25-17 rep. Adds reference to: 5 ILCS 120/2 from Ch. 102, par. 42 5 ILCS 140/7.5 5 ILCS 830/10-5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 20 ILCS 3930/7.9 new 30 ILCS 105/5.938 new 30 ILCS 105/6z-99 30 ILCS 105/6z-125 new 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/6 from Ch. 38, par. 83-6 430 ILCS 65/6.2 new 430 ILCS 65/7 from Ch. 38, par. 83-7 430 ILCS 65/7.5 new 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/8.4 new 430 ILCS 65/8.5 new 430 ILCS 65/9.5 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/11 from Ch. 38, par. 83-11 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 65/13.4 new 430 ILCS 66/10 430 ILCS 66/10.5 new 430 ILCS 66/10.6 new 430 ILCS 66/20 430 ILCS 66/30 430 ILCS 66/50 430 ILCS 66/55 430 ILCS 66/66 new 430 ILCS 66/70 430 ILCS 67/35 430 ILCS 67/40 520 ILCS 5/2.11 from Ch. 61, par. 2.11 520 ILCS 5/2.26 from Ch. 61, par. 2.26 520 ILCS 5/2.33 from Ch. 61, par. 2.33 520 ILCS 5/2.34 from Ch. 61, par. 2.34 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-8 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 ILCS 5/5-4-3a Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals the Task Force provisions on July 1, 2027. Amends the Gun Trafficking Information Act. In a provision requiring the Illinois State Police to make certain information publicly available regarding firearms used in the commission of crimes, provides that the information shall include annual statistical information concerning Firearm Owner's Identification Card and concealed carry license applications, revocations, and compliance with a specified provision of the Firearm Owners Identification Card Act, firearm restraining order dispositions, and firearm dealer license certification inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under a provision concerning transfer of firearms. Requires the Illinois State Police to have the Internet-based system completed and available for use by July 1, 2022. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with the Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Effective January 1, 2022, except that certain changes to the Firearm Owners Identification Card Act take effect January 1, 2024. Senate Floor Amendment No. 2 Provides that any person within this State who receives any firearm, stun gun, or taser from a person who is not a federally licensed firearm dealer shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. Provides that the federally licensed firearm dealer shall maintain the transfer record for 20 years from date of receipt. Provides that a federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. Provides that the record shall be provided and maintained in either an electronic or paper format. Provides that the federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this provision.

Amends the School Code. Exempts from contract bidding requirements contracts for goods, services, or management in the operation of a school's food service, including a school that participates in any of the United States Department of Agriculture's child nutrition programs. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Limits the exemption from the contract bidding requirements for contracts for goods, services, or management in the operation of a school's food service only if a good faith effort is made by the school district to give preference to (1) contracts that procure food that promotes the health and well-being of students in compliance with United States Department of Agriculture nutrition standards; (2) contracts that give a preference to State or regional suppliers that source local food products; (3) contracts that give a preference to food suppliers that utilize producers that adopt hormone and pest practices recommended by the United States Department of Agriculture; (4) contracts that give a preference to food suppliers that value animal welfare; and (5) contracts that increase opportunities for businesses owned and operated by minorities, women, or persons with disabilities. Requires food supplier data to be submitted to the school district at the time of the bid and updated annually thereafter during the term of the contract. Requires the contractor to submit the updated food supplier data. Provides that food supplier data shall include the name and address of each supplier, distributor, processor, and producer involved in the provision of the products that the bidder is to supply. Effective immediately.

Amends the Illinois Vehicle Code. Provides that the Secretary of State, in issuing professional sports teams license plates, shall include the option to display the logo of the Chicago Sky or the Chicago Red Stars. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that professional sports teams license plates shall include the option to display the logo of the Chicago Fire. Removes the logo of the St. Louis Rams as an option for a professional sports teams license plate.

Creates the Drug Take-Back Act. Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Specifies civil penalties for violation of the Act. Preempts home rule powers. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act is exempt from inspection and copying under the Act. Effective immediately. House Committee Amendment No. 1 Adds reference to: 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 415 ILCS 5/22.55 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator). Requires the Environmental Protection Agency to review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve authorized collection site coverage. Requires the Agency to either approve, reject, or approve with modification a proposal within 90 days after receiving it. Requires drug take-back program promotion to be implemented by all drug take-back programs collectively. Provides that a manufacturer program operator shall (rather than may) allocate administration and operation costs of programs to participating covered manufacturers. Requires each covered manufacturer and manufacturer program operator to register with the Agency and submit the registration fee by January 1, 2023 (rather than April 1, 2022), and by January 1 (rather than April 1) of each year thereafter. Removes language requiring penalties collected under the Act to be used in accordance with the Act's provisions. Removes language allowing the Agency to impose a civil penalty for a violation of the Act of $7,000 per violation per day. Makes other changes. Amends the Environmental Protection Act. Provides that moneys in the Solid Waste Management Fund shall be used for the administration of the Drug Take-Back Act. Removes provisions requiring the Agency to (1) develop and implement a public information program regarding household waste drop-off points that accept pharmaceutical products, as well as mail-back programs; (2) develop a sign that provides information on the proper disposal of unused pharmaceutical products; and (3) establish, by rule, a statewide medication take-back program by June 1, 2016 to ensure that there are pharmaceutical product disposal options regularly available for residents across the State. Makes other changes. Effective immediately. House Floor Amendment No. 2 Provides that "covered drug" means, among other things, a drug. Makes a typographical change. Senate Committee Amendment No. 1 In provisions of the Drug Take-Back Act, makes the following changes. Provides that "covered drug" does not include drugs sold at retail as a unit dose package or homeopathic drugs. Makes changes to the definition of "proprietary information". Provides that program promotion requirements do not apply to any drug take-back program established prior to the Act's effective date that provides promotional or educational materials to the public about the proper collection and management of covered drugs. Provides that each covered manufacturer and covered manufacturer program operator shall submit a registration fee of $2,500 (rather than $5,000). Senate Committee Amendment No. 2 Removes language providing that the definition of "covered manufacturer" does not include a pharmacy. Provides that private label distributors and repackagers are not covered manufacturers. Senate Floor Amendment No. 3 Requires the Environmental Protection Agency to provide a 30-day public comment period on drug take-back program proposals and revised proposals during specified 90-day periods. Provides that the reason for the Agency's rejection of a drug take-back program proposal must be provided in the written notification to the manufacturer program operator.

Amends the Illinois Vehicle Code. Provides that an application for vehicle registration must provide space where the applicant voluntarily may indicate that the applicant, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication with a peace officer. Provides that the application shall include a checklist of common health conditions and disabilities that impede effective communication, which the applicant may select. Provides that the checklist must also include a blank space for the applicant to specify a condition that is not listed. Provides that the Secretary of State may request verification of a condition in the form of written statements by specified health professionals. Provides that the Secretary shall provide to the Illinois State Police the vehicle registration information of a person who indicated that the person, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication. Provides that the Secretary may not provide to the Illinois State Police information that shows the person's specific health condition or disability, or that of another approved driver of the registered vehicle, without the consent of the person. Provides that the Illinois State Police shall establish a system to include the information in the statewide Law Enforcement Agencies Data System for the purpose of alerting a peace officer who makes a traffic stop that the operator of the stopped vehicle may have a health condition or disability that may impede effective communication. Provides that the Illinois State Police may not make the information available in the statewide Law Enforcement Agencies Data System to a person who has access to the system under a contract unless the contract prohibits the person from disclosing that information to a person who is not subject to the contract. Provides that information supplied to the Secretary relating to an applicant's health condition or disability, or that of another approved driver of the registered vehicle, is for the confidential use of the Secretary and the Illinois State Police, and may not be disclosed to any person. House Floor Amendment No. 2 Specifies that every original application (currently, application) shall bear the signature of the owner and restores provisions requiring such a signature to be written in pen and ink. Expands the applicability of the amendatory language to allow a parent of a child with a communication disorder to disclose that the child has a health condition or disability that may impede effective communication with a peace officer. Adds an effective date of July 1, 2023.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to develop and implement a comprehensive 2-year statewide safe gun storage public awareness campaign. Provides that the campaign shall include sustained and focused messaging over the course of the 2-year campaign period, messages paired with information about enforcement or incentives for safe gun storage, and geographic and cultural considerations. Provides that the campaign shall be divided into 3 phases with specified requirements for each phase. Repeals the provisions on January 1, 2026. House Floor Amendment No. 1 Provides that the statewide safe gun storage public awareness campaign shall be developed by the Department of Public Health subject to appropriation.

Creates the Hydrogen Economy Act. Creates the Hydrogen Economy Task Force. Provides for membership of the Task Force. Provides that members of the Task Force shall serve without compensation. Provides for meetings of the Task Force. Provides that the Department of Commerce and Economic Opportunity shall provide administrative support to the Task Force. Provides for duties of the Task Force. Provides that the Task Force shall report to the Governor and the General Assembly by December 1 of each year on its activities, findings, and recommendations. Effective immediately. Senate Committee Amendment No. 1 Adds members to the Hydrogen Economy Task Force. Modifies the duties of the Task Force to specify that the duties include identifying barriers to the widespread development of hydrogen, including within environmental justice communities. Senate Floor Amendment No. 2 Provides for the appointment of an additional member to the Hydrogen Economy Task Force. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Adds three members to the Hydrogen Economy Task Force: one member representing a non-profit energy research organization, appointed by the Governor; one representative of a trade association representing the investor-owned electric and natural gas utilities and power generation companies in the State of Illinois, appointed by the Speaker of the House of Representatives; and one representative of a trade association representing wind and solar electric generators, renewable transmission companies, appointed by the President of the Senate.

Amends the State Designations Act. Provides that Dolostone is designated the official State rock of the State of Illinois.