Sen. Karina Villa

Amends the Illinois Income Tax Act. Creates an income tax credit for an Illinois business that increases its average full-time employee head count in the State for the taxable year by more than 20% over its average full-time employee head count in the State for the immediately preceding taxable year. Provides that the amount of the credit is 20% of its tax liability under this Act (other than its withholding tax liability) for the taxable year. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.

Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Amends the Counties Code, the Illinois Municipal Code, Illinois Insurance Code, the Health Maintenance Organization Act, and the Illinois Public Aid Code. In provisions concerning coverage for mammograms, provides that coverage shall also include a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant. Makes changes to coverage for a comprehensive ultrasound screening and MRI. Effective immediately. Senate Floor Amendment No. 1 Provides that if an insurance policy or medical assistance coverage includes mammogram coverage, the coverage shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Exempts coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account. Defines "diagnostic mammogram" and "diagnostic mammography". Corrects a typographical error. House Floor Amendment No. 1 Changes the immediate effective date to January 1, 2020.

Amends the Mobile Home Local Services Tax Act. Provides that the penalty for delinquent local services taxes shall not exceed the lesser of $100 or 50% of the original tax imposed (currently, $100). Effective immediately. House Floor Amendment No. 2 Makes changes to the introduced bill to provide that the county treasurer may, in his or her discretion, limit the penalty for delinquent local services taxes to the lesser of $100 or 50% of the original tax imposed (currently, the maximum penalty is $100; in the introduced bill the maximum penalty shall be the lesser of $100 or 50% of the original tax imposed). Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Mobile Home Local Services Tax Act. Provides that, in counties with a population of more than 700,000 and less than 900,000, the penalty for delinquent local services taxes shall not exceed the lesser of (i) $100 or (ii) 50% of the original tax imposed. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 210 ILCS 115/2.11 new Adds provisions to the bill as amended by Senate Amendment No. 1 amending the Mobile Home Park Act. Provides that, for the purposes of the Act, "normal maintenance" means servicing or repairing existing devices, equipment, facilities, infrastructure, or supporting utilities, or replacing those items in identical fashion with the same size, make, and model as the existing items and in accordance with applicable codes. Senate Floor Amendment No. 3 Adds reference to: 210 ILCS 115/3 from Ch. 111 1/2, par. 713 210 ILCS 115/4 from Ch. 111 1/2, par. 714 210 ILCS 115/4.1 from Ch. 111 1/2, par. 714.1 210 ILCS 115/4.2 from Ch. 111 1/2, par. 714.2 210 ILCS 115/4.4 from Ch. 111 1/2, par. 714.4 210 ILCS 115/6 from Ch. 111 1/2, par. 716 210 ILCS 115/9.4 from Ch. 111 1/2, par. 719.4 210 ILCS 115/9.8 from Ch. 111 1/2, par. 719.8 210 ILCS 115/9.10 from Ch. 111 1/2, par. 719.10 210 ILCS 115/19 from Ch. 111 1/2, par. 729 Adds provisions to the bill amending the Mobile Home Park Act. Increases various application and license fees for persons who operate mobile home parks. Provides that each mobile home shall have a connection to a public water system, a semi-private water system, or a private water supply constructed in accordance with the requirements of the Illinois Water Well Construction Code or the Surface Source Water Treatment Code. Provides that all mobile homes shall be skirted to exclude rodents and provide protection to the homes utilities from the weather. Provides that the Department of Public Health shall adopt rules defining classes of violations and allowing a minimum number of days for correction of each class of alleged violation, but removes provisions requiring the Department of Public Health to allow a specific number of days for the correction of an alleged violation.

Amends the Environmental Protection Act. Prohibits the manufacture, distribution, or use of paper containing bisphenol A for the making of business or banking records. Requires paper manufacturers to, among other things, replace bisphenol A with an alternative chemical. Requires the Environmental Protection Agency to gather and certify certain information about alternative chemicals. Requires the Agency to convene an Advisory Committee on Least Toxic Alternatives to Bisphenol A. Sets forth requirements that apply to members of the Committee. Delays the applicability of the prohibitions on the manufacture, distribution, and use of paper containing bisphenol A for the making of business or banking records if the United States Environmental Protection Agency has not identified a safe, commercially available alternative to bisphenol A prior to the effective date of the amendatory Act. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/44 from Ch. 111 1/2, par. 1044 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that beginning January 1, 2020, no person shall manufacture thermal paper. Provides that no person shall distribute or use any thermal paper for the making of business or banking records. Effective immediately.

Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption. Effective immediately. House Committee Amendment No. 2 Adds reference to: 35 ILCS 200/9-275 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with 3,000,000 or more inhabitants, for taxable years 2020 through 2024, a taxpayer who has been granted a senior citizens homestead exemption need not reapply (currently, the taxpayer must reapply annually). Provides that, if the property ceases to be qualified for that exemption in any year for which a reapplication is not required, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. Provides that the chief county assessment officer shall enter into intergovernmental agreements with the county clerk of his or her county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted a senior citizens homestead exemption. Makes conforming changes in provisions concerning erroneous homestead exemptions. Effective immediately.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services, subject to appropriations, to provide eligible youth an apprenticeship stipend to cover those costs associated with entering an apprenticeship, including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provide that the following youth shall be eligible for an apprenticeship stipend: youth for whom the Department has court-ordered legal responsibility; youth who aged out of care at age 18 or older; or youth formerly under care who have been adopted and were the subject of an adoption assistance agreement or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement. Limits the stipend to eligible youth who: (i) are enrolled in an approved apprenticeship training program; (ii) are not a recipient of any other scholarship or fee waiver provided by the Department; and (iii) are under the age of 26. Provides that apprenticeship stipends shall be available to an eligible youth for a maximum of 5 years after the youth enrolls in a qualifying apprenticeship program. Waives the age requirement and 5-year cap on the stipend for applicants who were unable to enroll in a qualifying apprenticeship program because the applicant: (i) was called into active duty with the United States Armed Forces; (ii) was deployed for service in the United States Public Health Service Commissioned Corps; or (iii) volunteered in the Peace Corps or the AmeriCorps. Requires the Department to develop outreach programs to ensure qualifying youths are aware of the availability of the apprenticeship stipends. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the Department of Children and Family Services shall provide eligible youth an apprenticeship stipend to cover those costs associated with entering and sustaining through completion an apprenticeship (rather than those costs associated with entering an apprenticeship), including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provides that certain youth may (rather than shall) be eligible for the apprenticeship stipend. Provides that, to receive a stipend, an applicant must be enrolled in an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or an apprenticeship program approved by the United States Department of Labor (rather than an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or a similar federal entity). House Floor Amendment No. 2 Provides that youth for whom the Department of Children and Family Services has court-ordered legal responsibility, youth who aged out of care at age 18 or older, and youth formerly under care who have been adopted or who have been placed in private guardianship shall receive a tuition and fee waiver to assist them in attending and completing their post-secondary education at any community college, university, or college maintained by the State of Illinois (rather than providing that such youth shall receive a tuition and fee waiver if they are not selected to receive a scholarship or fee waiver under a specified provision of the Children and Family Services Act).

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.

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.

Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school. Provides that in determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/27A-3 105 ILCS 5/27A-10.10 105 ILCS 5/27A-11 105 ILCS 5/27A-12 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Repeals the State Charter School Commission Fund on October 1, 2020 (rather than July 31, 2020). Provides that, beginning on July 1, 2020 through August 31, 2020, all money in the State Charter School Commission Fund shall be used by the State Board of Education for operational and administrative costs and, on September 1, 2020 (rather than July 1, 2020), in consultation with the State Board, the State Comptroller shall order transferred and the State Treasurer shall transfer all money in the State Charter School Commission Fund to the State Board of Education Special Purpose Trust Fund. Provides that, beginning on July 1, 2020, the State Board of Education may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities; specifies what the authorizing activities may include. Provides that, beginning on the effective date of the amendatory Act, the Commission may not enter into or renew a contract, other than a charter renewal, that expires after July 1, 2020. Until July 1, 2020, allows the State Charter School Commission to hear an appeal on a local board's decision to not renew a charter. Allows the State Board of Education to reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if certain conditions are met. Requires the State Board to appoint and utilize a hearing officer for those appeals. Provides that if a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. Adds an immediate effective date.