Sen. Craig Wilcox

Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2022.

Amends the Child Care Act of 1969. Provides that the Department of Children and Family Services shall adopt and implement rules to adjust licensing requirements, including, but not limited to, worker qualifications for child care providers within child care deserts that reflect local labor market conditions in order to grant local child care providers enhanced hiring flexibility and expand child care into currently underserved areas. Defines "child care deserts" and "child care provider". Provides that the Department shall submit proposed rules to implement the provisions concerning emergency licensing to the Joint Committee on Administrative Rules no later than December 31, 2023. Effective immediately.

Amends the Illinois Domestic Violence Act of 1986. Provides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court's records and from the Department of State Police's Law Enforcement Agencies Data System if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Provides that the clerk shall immediately file the expungement order and all records to be expunged shall be expunged no later than 3 business days after the order. Effective June 1, 2021.

Amends the Military Code of Illinois. Provides that when any Illinois resident dies while on State Active Duty, the Adjutant General, the Assistant Adjutant General for Army, or the Assistant Adjutant General for Air shall present one State flag of Illinois to the next of kin of the deceased who receives the United States burial flag, or that person's designee, as soon as is practicable.

Amends the Uniform Penalty and Interest Act. Provides that the penalty for failure to pay the tax shown due or required to be shown due on a return shall be 15% (instead of 20%) of any amount that is paid after the date the Department of Revenue has initiated an audit or investigation of the taxpayer. Provides that the penalty shall be abated if the taxpayer paid to the Department at least 95% of the total tax liability (including any additional liability resulting from the audit or investigation) prior to the initiation of the audit or investigation. Effective January 1, 2022.

Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2022, the credit for employee child care shall be in an amount equal to: (1) 50% of the start-up costs expended by the corporate taxpayer to provide a child care facility for the children of its employees; and (2) 20% of the annual amount paid by the corporate taxpayer to (i) provide an on-site child care facility for the children of its employees, (ii) provide child care offsite for the children of its employees, or (iii) a combination of (i) and (ii) (currently, 30% of the start-up costs and 5% of the annual amount paid by the taxpayer in providing the child care facility). Provides that the taxpayer may coordinate with an independent child care facility to provide care for the children of employees. Effective immediately.

Amends the Local Records Act. Provides that a unit of local government, acting through its governing board, may authorize the use of technology to execute its duties, or assist in the execution of certain portions of public duties, where those technologies utilize commonly accepted methods of data storage and cybersecurity, and the unit of local government otherwise continues adherence to the Local Records Act. Provides that, where applicable law requires accepting information in writing, an appearance before an official in person, or requires a signature, the unit of local government may, in place of those requirements, adopt widely used technologies, such as video chat and secure digital signatures, to verify identity and process service requests. Provides that a unit of local government may also adopt a method of certifying paperless digital copies of any record using PDF file delivery if the unit of local government provides for free on its website an upload tool for any person in recipient of a certified digital file to confirm its authenticity. Requires a unit of local government to provide notice before adopting such procedures. Provides that the Act may be referred to as the At Your Service Act. Senate Committee Amendment No. 1 Deletes reference to: 50 ILCS 205/25 new Adds reference to: 55 ILCS 5/3-2003.6 new Replaces everything after the enacting clause. Amends the Counties Code. Provides that a county clerk may authorize the use of technology to execute the clerk's duties or assist in the execution of certain portions of public duties in specified circumstances. Provides that, where applicable law requires accepting information in writing, an appearance before an official in person, service of official records in paper copy, or requires a signature, the county clerk may, in place of those requirements, adopt widely used technologies such as video chat, secure data transmission portals, and secure digital signatures to verify identity and process service requests. Provides that a county clerk may also adopt a method of certifying paperless digital copies of any record using PDF or similar file delivery in specified circumstances. Provides that a county clerk replacing a previously paper-based process or appearance method must publish notice on the clerk's website, or in a newspaper of general circulation if the county clerk does not have a website, and in the principal office of business 60 days prior to making such a change.

Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Provides that "unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution. Effective immediately.

Amends the Illinois Emergency Management Agency Act. Provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation. Provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension or further proclamation, the extension or further proclamation may continue in effect until the General Assembly is able to convene in regular or special session if the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives submit written certification to the Governor that the General Assembly is unable to convene to provide the necessary approval of the extension or further proclamation. Effective immediately.

Amends the Counties Code. Provides that, if a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall review the alleged crimes to determine by a three-fifths vote of all members if the countywide elected official should be placed on administrative leave. Provides that, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall send their determination to the State's Attorney or, if the determination is regarding the State's Attorney, the determination shall be sent to the Attorney General. Provides that, upon receipt of a determination from the county board, if the State's Attorney or Attorney General believes the crime or crimes to be germane to the official's duties, then the State's Attorney or Attorney General shall file a motion to place the elected official on administrative leave with the circuit court of the county. Provides that, upon receipt of the motion, the circuit court shall review and determine if the official shall be placed on administrative leave. Provides that the court may require the county to pay court costs or reasonable attorney fees, or both, if the court dismisses the action. Provides that, if the official is placed on administrative leave because a conflict exists, the official is barred from county property and performing the official's duties until the case is closed and the county board determines the conflict is resolved. Provides that the official shall continue to receive all compensation and benefits during the official's administrative leave. Provides that, if the county board puts an official on administrative leave, the board shall appoint a replacement for the official while the official is on administrative leave. Amends the Township Code. Makes similar changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that if a State's Attorney or township attorney believes the crime or crimes to be germane to the official's duties, or a special State's Attorney (rather than the Attorney General) if the crime or crimes deal with the State's Attorney, such attorney shall file a petition (rather than a motion) with the circuit court for a rule to show cause why not to place the elected official on administrative leave (rather than to have the court place the elected official on administrative leave). Replaces the procedure by which the court determines if an officer shall be placed on administrative leave with the following: provides that the court shall issue a rule requiring the officer to show cause why he or she should not be put on administrative leave and the officer shall have a trial in the date stated in the rule; and provides that, if, after trial, the court determined that the township officer should be placed on administrative leave, the township officer shall be removed from office. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the Senate Amendment No. 1 with the following changes: Provides that the county board shall petition the court for the appointment of a special State's Attorney to review the board's determination if the determination is relating to the State's Attorney or if the State's Attorney has a conflict of interest (rather than only if relating to the State's Attorney). Makes conforming changes. Limits the provisions to counties that have a population of less than 500,000 people and townships within counties that have a population of less than 500,000 people. Effective immediately. Senate Floor Amendment No. 3 Limits the provisions to officials charged with an infamous crime or of any felony in violation of his or her official oath (rather than any offense involving a violation of his or her official oath). Provides that, if the official is removed from office, then the official is barred from county or township property and performing the official's duties until the case is closed and the county or township board determines the conflict is resolved. Makes other changes.