Sen. Mattie Hunter

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).

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 Electric Service Customer Choice and Rate Relief Law of 1997 of the Public Utilities Act. In provisions concerning infrastructure investment and modernization: Provides that beginning in 2022, a participating utility other than a combination utility shall pay $10,000,000 per year for 5 years and a participating utility that is a combination utility shall pay $1,000,000 per year for 10 years to the energy low-income and support program, which is intended to fund customer assistance programs with the primary purpose being avoidance of imminent disconnection and reconnecting customers who have been disconnected for nonpayment and makes conforming changes. Makes a change concerning the computation of the performance-based formula rate beginning with the rates applicable for the rate year commencing January 1, 2023, and each rate year thereafter. Removes provisions requiring that, by December 31, 2017, the Illinois Commerce Commission shall prepare and file with the General Assembly a report on the infrastructure program and the performance-based formula rate; provisions making the infrastructure investment and modernization, Smart Grid Advanced Metering Infrastructure Deployment Plan, Illinois Science and Energy Innovation Trust, and Illinois Smart Grid test bed provisions inoperative after December 31, 2022; and provisions limiting the ability of a participating utility to annually update the performance-based formula rate. Makes other changes. Effective immediately.

Amends the Illinois Public Aid Code. Provides that, for recipients of public aid who are required to comply with the terms of a service plan developed by the Department of Children and Family Services, participation in substance abuse treatment, drug testing, parenting classes, anger management, domestic violence counseling, evaluations, or any other activities specified in the service plan shall count as an approvable job search activity under TANF employment, education, and training programs; the SNAP Employment and Training Program; and any job search, training, and work programs authorized under Article IX of the Code. Requires the Department of Human Services to apply for any federal waivers or approvals necessary to implement the job search exemption. Senate Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/9-6 305 ILCS 5/9A-9.1 new 305 ILCS 5/12-4.52 new Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 5/356z.33 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 305 ILCS 5/5-5.23 305 ILCS 5/5-36 new 305 ILCS 5/5-37 new 305 ILCS 5/5-38 new Replaces everything after the enacting clause. Provides that the Act may be referred to as the Children and Young Adult Mental Health Crisis Act. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to restructure the Family Support Program (Program) to: to enable early treatment of youth, emerging adults, and transition-age adults, as defined, with a serious mental illness or serious emotional disturbance. Contains provisions on the new hallmarks of the Program; federal Medicaid matching dollars; and other matters. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance, or managed care plan, that is amended, delivered, issued, or renewed after December 31, 2020 for the purpose of early treatment of a serious mental illness in a child or young adult under age 26 to provide coverage for: (i) coordinated specialty care for first episode psychosis treatment and (ii) assertive community treatment and community support team treatment. Contains provisions concerning adherence to the clinical models; mental health professionals; service payments; and other matters. Makes conforming changes to other Acts. Effective immediately. Senate Floor Amendment No. 2 In a provision requiring the Department of Human Services to consult with a working group of psychiatric hospitals and other specified stakeholders when establishing a process to notify and educate eligible persons about the Family Support Program and the Specialized Family Support Program, expands the composition of the working group to include a statewide association representing a majority of hospitals. Makes the amendatory Act effective January 1, 2020 (rather than immediately).

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 School Safety Drill Act. Requires all school boards of school districts to develop threat assessment protocols and to create threat assessment teams. Provides that the threat assessment team shall include specified personnel and other members. Provides that a threat assessment protocol adopted by the school board shall be a public document and be posted on the school district's website. Provides that a school board shall create the threat assessment team within 30 days after the effective date of the amendatory Act and adopt an initial threat assessment protocol within 90 days after the effective date of the amendatory Act. Provides that a school district may share information concerning a clear and present danger with another school district and creates a conforming exemption in the Illinois School Student Records Act. Creates exemptions for the work of the threat assessment team in the Open Meetings Act and the Freedom of Information Act. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 5 ILCS 120/2 105 ILCS 10/6 Adds reference to: 50 ILCS 470/10 55 ILCS 5/5-1006.7 105 ILCS 5/3-14.31 105 ILCS 5/10-20.43 105 ILCS 5/10-22.36 from Ch. 122, par. 10-22.36 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11 105 ILCS 128/25 105 ILCS 230/5-25 Replaces everything after the enacting clause. Amends the Counties Code. Provides that counties may impose a tax to be used exclusively for school facility purposes, school resources officers, or mental health professionals (rather than exclusively for school facility purposes). Adds referendum language to levy, reduce, or discontinue the tax. Amends the Innovation Development and Economy Act and the School Construction Law to make conforming changes. Amends the School Code to make conforming changes and to provide that if a school district having a population of less than 500,000 inhabitants determines that it is necessary for school security purposes and the related protection and safety of pupils and school staff to hire a school resource officer or that personnel costs for school counselors, mental health experts, or school resource officers are necessary, the district may levy a tax or issue bonds as provided under a provision in the Code authorizing a school board to levy a tax or to borrow money and issue bonds for fire prevention, safety, energy conservation, accessibility, school security, and specified repair purposes if funds are not needed for those other purposes. Amends the School Safety Drill Act. Requires each school district to implement a threat assessment procedure that may be part of a school board policy on targeted school violence and prevention and that must include the creation of a threat assessment team; provides for the team's membership. Requires each school district, at its annual meeting to review each school building's emergency and crisis response plans, protocols, and procedures, to review the procedures regarding its threat assessment team. Creates an exemption for the work of the threat assessment team in the Freedom of Information Act. Effective immediately. Senate Committee Amendment No. 1 With regard to a school district's threat assessment procedure, removes a provision requiring the policy on targeted school violence and prevention that directs the implementation of a threat assessment procedure to be a public document and to be posted on the school district's website with other school district policies. Makes conforming changes. Senate Floor Amendment No. 2 Provides that each school district must implement a threat assessment procedure that may be part of a school board policy on targeted school violence prevention (rather than school violence and prevention). Provides that a regional behavioral threat assessment and intervention team utilized by a school district must include mental health professionals and representatives from State, county, and local law enforcement agencies (rather than mental health professionals, a representative from the Illinois Law Enforcement Alarm System, a safety education officer from the Department of State Police, and local law enforcement representatives) and removes a provision requiring the members to complete the training courses offered by Western Illinois University's Office of Public Safety.

Amends the Installment Sales Contract Act. Provides that "installment sales contract" does not include a financing arrangement offered by a third-party religious or cultural lender. Defines "third-party religious or cultural lender" as an individual or legal entity licensed under the Residential Mortgage License Act of 1987 that is in compliance with the principles and norms of an established religious or cultural legal system and that is obtaining an interest in a residential dwelling solely as collateral security for a financing arrangement that for religious or cultural reasons does not allow the imposition or collection of interest and had no interest in the residential dwelling prior to the consummation of the financing arrangement, other than an interest in the nature of collateral security that may have been obtained as part of a prior financing arrangement made by the third-party lender.

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.

Creates the Public University Uniform Admission Act. Requires each public university in this State to admit first-time freshman applicants as undergraduate students if the applicant graduated with a grade point average in the top 10% or was certified to be in the top 10% of the student's high school graduating class in one of the 2 school years preceding the academic year for which the applicant is applying for admission and (1) the applicant graduated from an accredited public or private high school in this State or from a high school operated by the United States Department of Defense; (2) the applicant successfully completed the minimum college preparatory curriculum requirements for admission to the university and satisfied the ACT college admission assessment or the SAT college admission assessment composite score and subscores required for admission to the university; and (3) if the applicant graduated from a high school operated by the United States Department of Defense, the applicant is a State resident or is entitled to pay tuition fees at the rate provided for State residents. Provides that the University of Illinois at Urbana-Champaign is not required to offer admission to applicants who qualify for automatic admission in excess of the number required to fill 75% of the university's enrollment capacity designated for first-time resident undergraduate students in an academic year. Sets forth other provisions concerning the University of Illinois at Urbana-Champaign. Sets forth other provisions concerning admissions. Provides for additional preparation for college, student outreach, and rulemaking. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes from the applicability of the Act the University of Illinois, Illinois State University, Governors State University, Northeastern Illinois University, and Chicago State University; makes conforming changes. Provides that, beginning with the 2020-2021 academic year, each institution shall create a 4-year uniform admission system pilot program under the Act (rather than create a permanent uniform admission system). Makes other changes. Repeals the Act on July 1, 2025. Fiscal Note, House Committee Amendment No. 1 (IL Board of Higher Education) House Bill 26 (H-AM 1) will not have a fiscal impact on the Illinois Board of Higher Education. House Committee Amendment No. 2 With regard to the student outreach program, removes a provision requiring the Illinois Student Assistance Commission, after gathering information and recommendations from available sources and examining current outreach practices by institutions of higher education in this State and in other states, to prescribe best practice guidelines and standards to be used by institutions in conducting student outreach. Senate Floor Amendment No. 1 Provides that an applicant who graduates in a graduating class of a school that has so few students that class rank does not make a reliable contribution toward assessing the student's college readiness is considered to have satisfied certain automatic admission requirements of the Act if, among other requirements, the student has (i) successfully completed the minimum college preparatory curriculum requirements established by law for admission to the institution and (rather than or) (ii) satisfied the ACT college admission assessment or the SAT college admission assessment composite score and subscores required for admission to the institution to which the applicant applied as well as any composite scores or subscores for colleges within that institution. Makes a technical correction.