Sen. Adriane Johnson

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.

Creates the Interstate Contracts for Mental Health and Substance Use Disorder Treatment Act. Provides that the purpose of the Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health or substance use disorder to obtain appropriate treatment across state lines in qualified hospitals and facilities that are closer to their homes than are facilities available in their home states. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to provide substance use or mental health treatment to Wisconsin residents who are subject to involuntary commitment orders for treatment issued by Wisconsin courts, except that no services may be provided to Wisconsin residents who are involved in a criminal proceeding. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to secure substance use or mental health treatment for Illinois residents who are subject to involuntary commitment orders for treatment issued by State courts, except that no services may be secured for Illinois residents who are committed under specified provisions of the Code of Criminal Procedure or the Unified Code of Corrections. Contains provisions concerning involuntary commitment court orders, treatment records, transfers between facilities, required contract provisions, and other matters. Senate Floor Amendment No. 1 Changes the short title of the Act to the Interstate Contracts for Mental Health Disorder Treatment Act (rather than the Interstate Contracts for Mental Health and Substance Use Disorder Treatment Act). Removes all references to treatment for a substance use disorder and instead provides that the purpose of the Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health disorder to obtain appropriate treatment across state lines in qualified private hospitals and facilities that are closer to their homes than are facilities available in their home states. Provides that the Act does not apply to state-operated or public facilities or hospitals located in Wisconsin or Illinois.

Amends the Right to Privacy in the School Setting Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 75/1 Adds reference to: 105 ILCS 5/2-3.25o 105 ILCS 5/10-22.25b from Ch. 122, par. 10-22.25b 105 ILCS 5/27A-5 105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3 Replaces everything after the enacting clause. Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022. House Committee Amendment No. 1 Provides that the Act may be referred to as the Jett Hawkins Law.

Amends the Mental Health Early Action on Campus Act. Provides that if a public higher education institution issues student identification cards to its students, the institution must provide contact information for certain suicide prevention and mental health resources on each student identification card. Provides that if an institution does not issue student identification cards to its students, the institution must publish the contact information on its website. Effective July 1, 2022. Senate Floor Amendment No. 1 Requires the contact information to be provided on each student identification card issued by the public college or university after the effective date of the amendatory Act (rather than requiring the contact information to be provided on each student identification card issued by the public college or university).

Amends the School Code. Provides that a school district shall make menstrual (rather than feminine) hygiene products available, at no cost to students, in each bathroom of every school building (rather than in bathrooms of school buildings). Effective immediately. House Floor Amendment No. 2 Provides that menstrual hygiene products shall be made available in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day (rather than in each bathroom of every school building). Fiscal Note, House Floor Amendment No. 2 (IL State Board of Education) HB 156 (H-AM 2) will not have a fiscal impact to the 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.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall create and maintain an online database and resource page on its website. Provides that the database and resource page shall contain mental health resources specifically geared toward first responders with the goal of connecting those persons with mental health resources related to crisis services, wellness, trauma information, nutrition, stress reduction, anxiety, depression, violence prevention, suicide prevention, and substance use and of encouraging information sharing among families of first responders, first responder organizations, first responder professional organizations, and first responders. Effective immediately.

Amends the State Commemorative Dates Act. Provides that Juneteenth National Freedom Day shall be observed on June 19 of each year as a holiday throughout the State (currently, not a holiday and is observed on the third Saturday of June of each year). Provides that when June 19 falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Juneteenth National Freedom Day as a holiday. Effective immediately. Fiscal Note (Dept. of Central Management Services) Senate Bill 1965 will not require additional resources. Salaries will be paid, whether on holiday or at work. What is lost is productivity. If that equates to the cost of salaries, then CMS Bureau of Personnel's estimate is $11.3M statewide.

Amends the Clinical Social Work and Social Work Practice Act. Removes a provision requiring a person to pass an examination as authorized by the Department of Financial and Professional Regulation to be qualified to be licensed as a licensed social worker. Makes corresponding changes.

Creates the Water and Sewer Financial Assistance Act. Provides that the Department of Commerce and Economic Opportunity is authorized to institute the water and sewer assistance program. Provides that any person who is a resident of the State of Illinois and whose household income is not greater than an amount determined annually by the Department may apply for assistance. Provides that in determining the amounts of assistance to be provided to or on behalf of a qualified applicant, the Department shall ensure that the highest amounts of assistance go to households with the greatest need for financial assistance in relation to household income by considering specified factors. Provides that each water or sewer provider shall assess each of its customer accounts a monthly Water and Sewer Assistance Charge to be deposited into the Water and Sewer Low-Income Assistance Fund. Amends the State Finance Act. Creates the Water and Sewer Low-Income Assistance Fund. Amends the Public Utilities Act. Provides that specified water or sewer utilities shall be allowed to offer a financial assistance program designed for bill payment assistance for low-income customers in accordance with the Water and Sewer Financial Assistance Act. Provides that the costs of a financial assistance program offered by a water or sewer utility shall be reimbursed from the Water and Sewer Low-Income Assistance Fund. Effective immediately. House Floor Amendment No. 1 Provides that, in its use of federal funds under the Act, the Department of Commerce and Economic Opportunity may not cause a disproportionate share of those federal funds to benefit customers of water or sewer providers that do not assess the Water and Sewer Assistance Charge. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions creating the Water and Sewer Financial Assistance Act, provides that in setting the annual eligibility level to receive financial assistance under the Act, the Department of Commerce and Economic Opportunity may not set a limit higher than the eligibility limit for assistance under the Energy Assistance Act (rather than 150% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services). Provides that the process to allow a water or sewer provider to discontinue imposing assessments shall include review by the Illinois Commerce Commission of any water or sewer provider subject to the Public Utilities Act. Removes provisions concerning program eligibility for residents of rental properties. In provisions amending the Public Utilities Act, provides that the Commission shall render its decision within 90 days (rather than 60 days) after receiving a petition from a water or sewer utility to offer a financial assistance program. Removes language requiring the Commission to annually review and reconcile any amounts collected through tariffs to recover the costs of the financial assistance program. Makes corresponding changes.