Sen. Don DeWitte

Mourns the death of William J. Powers Jr. of Elgin.

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 Metropolitan Transit Authority Act and Regional Transportation Authority Act. Establishes procedures for repayment of defaulted interim financing notes issued by the Chicago Transit Authority and defaulted working cash notes issued by the Regional Transportation Authority, in which State money in the State treasury was invested. Provides that the Regional Transportation Authority may issue, sell, and deliver additional working cash notes and establish lines of credit (rather than only working cash notes) before July 1, 2022 (rather than July 1, 2018) that are over and above and in addition to the $100,000,000 bond or note authorization. Establishes procedures for establishment of lines of credit. Requires notice to the Governor's Office of Management and Budget and State Comptroller before establishing a line of credit and provides that money borrowed under a line of credit are general obligations of the Authority that are secured by the full faith and credit of the Authority. Effective immediately.

Amends the Assumed Business Name Act. Provides that a person conducting or transacting business under an assumed name at his or her residence is not required to include his or her home address while complying with the publication requirements of the Act if that person's safety would be put at risk by publishing his or her home address. Provides that, instead, the person may provide a post office box address. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Assumed Business Name Act. Provides that a person conducting or transacting business under an assumed name at his or her personal residence may list the address of the county clerk of the county of his or her personal residence as the default agent for service of process to meet the publication requirements of this Act if the following conditions are met: (1) the person reasonably believes that publishing his or her home address would put his or her safety at risk, and lists the reasoning for such on the form submitted to the county clerk, which shall be kept confidential; (2) the form is accompanied by a court order, police report, or other indicia that there is a true need for the address to be kept confidential; and (3) the person provides the address of his or her residence, which shall be kept confidential, to the county clerk. Provides that the county clerk may charge a nominal fee for performing this service and shall provide a check box on its form for a confidential address request and room for the explanation for the request. Requires the county clerk to notify the business when the county clerk has been served with process. Senate Floor Amendment No. 1 Provides that if a person lists the county clerk as the default agent for service of process, the request must be accompanied by a court order or police report. Removes a provision permitting the form to be accompanied by some other indicia that there is a true need for the person's address to be kept confidential.

Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Services shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 301/25-13 new Adds reference to: 720 ILCS 635/1 from Ch. 38, par. 22-50 720 ILCS 635/2 from Ch. 38, par. 22-51 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Renames the Needle and Hypodermic Syringe Access Program Act the Overdose Prevention and Harm Reduction Act. Provides that the Department of Human Services' report on drug overdose trends statewide shall provide information on the current substance use disorder treatment capacity within the State. Requires the report to include an inventory of the State's substance use disorder treatment capacity. Provides that the Department may support specified drug overdose projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal. Provides specified elements the Department may promote in supporting best practices in drug overdose prevention programming. Deletes provisions requiring the Department to give preference for grants to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access substance use disorder treatment or other strategies for abstaining from illegal drugs. Removes provisions requiring the Department to contract with a third party research organization to conduct a needs assessment of the Illinois substance use disorder treatment system. Makes other changes. Amends the Hypodermic Syringes and Needles Act. Provides that the Act shall not prohibit the sale, possession, or use of hypodermic syringes or hypodermic needles by a staff person, volunteer, or participant in a needle or hypodermic syringe access program. Effective immediately.

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the introduced bill with the following changes: defines the terms "casino employer" and "hotel employer"; provides for the utilization of a safety device rather than a panic button; requires time off to be granted to file criminal complaints rather than sign police complaints; removes requirement that anti-harassment policies be posted in Polish; limits economic damage awards to $350 per incident; deletes the home rule preemption; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020. Senate Floor Amendment No. 2 Adds a definition. Defines the term "sexual assault" to mean: (1) an act of sexual conduct, as defined in Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. House Floor Amendment No. 1 Adds reference to: New Act 5 ILCS 140/7.5 20 ILCS 2105/2105-15 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/2-109 new 775 ILCS 5/2-110 new 775 ILCS 5/7-109.1 from Ch. 68, par. 7-109.1 775 ILCS 5/7A-102 from Ch. 68, par. 7A-102 775 ILCS 5/8-109 from Ch. 68, par. 8-109 775 ILCS 5/8-109.1 new 820 ILCS 180/5 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 5 ILCS 420/4A-101.5 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106 5 ILCS 420/4A-106.5 new 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 430/5-10.5 5 ILCS 430/20-5 5 ILCS 430/20-10 5 ILCS 430/20-50 5 ILCS 430/20-63 new 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-50 5 ILCS 430/25-63 new 5 ILCS 430/70-5 25 ILCS 170/4.7 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Creates the Workplace Transparency Act. Limits the terms of employment agreements that restrict specified employee rights with respect to allegations of unlawful conduct. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Division of Professional Regulation of the Department of Financial and Professional Regulation must exchange information with the Department of Human Rights regarding recommendations received regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Division of Professional Regulation. Amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; employer disclosure requirements, and bar and restaurant sexual harassment policies and prevention training. Makes a corresponding change in the Freedom of Information Act. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. Amends the Victims' Economic Security and Safety Act. Defines "gender violence" and makes the Act applicable in instances of gender violence. Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act to require annual participation in harassment and discrimination prevention training. Further amends the State Officials and Employees Ethics Act. Makes changes concerning: rights of persons subjected to discrimination, harassment, or sexual harassment; jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General, and the Legislative Ethics Commission; complaint process, reporting, and independent review of allegations of sexual harassment made against an elected official; and other matters. Contains severability language. Effective January 1, 2020, except (i) the Hotel and Casino Employee Safety Act takes effect July 1, 2020; and (ii) the changes to the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, and the Lobbyist Registration Act take effect immediately.

Amends the School Code. Provides that priority in the distribution of funds appropriated for the Illinois Teaching Excellence Program must be given to a qualified educator employed by an Organizational Unit assigned to Tier 1 under the evidence-based funding formula of the Code. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. With regard to the Illinois Teaching Excellence Program, provides that if adequate funds are available, incentives under the Program must include (i) a one-time incentive of $3,000 payable to National Board certified teachers teaching in Tier 1 rural or remote school districts, (ii) an annual incentive of $3,200 for National Board certified teacher rural or remote candidate cohort facilitators, and (iii) an annual incentive of $2,500 for National Board certified teacher rural or remote liaisons; defines terms. Makes the program applicable to qualified educators who are employed by or retired from schools districts (rather than just employed by school districts) and who are in the process of obtaining licensure through the National Board for Professional Teaching Standards. Changes references of poverty or low-performing schools to Tier 1 school districts. Makes other changes.

Amends the Criminal Code of 2012. Provides that it is an aggravating factor in sentencing for first degree murder that the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that assault and battery committed in a church, synagogue, mosque, or other building, structure, or place used for religious worship are enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault under this provision is a Class A misdemeanor. Provides that aggravated battery under this provision is a Class 1 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly carries or possesses with intent to use the same unlawfully against another, any firearm, knife, or other dangerous weapon, in any school church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a violation is a Class 2 felony. Makes technical changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, except: (1) provides that aggravated battery committed by knowingly causing great bodily harm or permanent disability or disfigurement is a Class 2 felony (rather than a Class 1 felony in the engrossed bill) when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; and (2) provides that the offense of unlawful use of weapons also includes carrying or possessing with intent to use the same unlawfully against another, any firearm (rather than any firearm, knife, or other dangerous weapon in the engrossed bill) in a church, synagogue, mosque, or other building, structure, or place used for religious worship (deletes school).

Amends the Animal Welfare Act. Provides that a kennel operator shall install in the kennel a fire alarm monitoring system that triggers notification to local emergency responders when activated. Provides that the Department of Agriculture shall deny the initial licensure or license renewal of a kennel operator for the failure to comply with this provision. House Committee Amendment No. 1 Deletes reference to: 225 ILCS 605/3.9 new Adds reference to: 225 ILCS 605/18.2 new Replaces everything after the enacting clause. Amends the Animal Welfare Act. Provides that a kennel operator that maintains dogs and cats for boarding that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Provides that an applicable federal, State, or local law, rule, or building code requiring the installation or maintenance of fire alarm monitoring systems in a manner different from, but providing a level of safety for occupants that is equal to or greater than that provided by the amendatory Act, shall be deemed to comply with the amendatory Act and the requirements of the more stringent law shall govern. Provides that the State Fire Marshal shall inspect, or shall direct a local fire marshal to inspect, a kennel operator that maintains dogs and cats for boarding when a resident makes a credible complaint alleging that the kennel operator is not in compliance with the amendatory Act. Provides that local fire inspectors shall determine whether a kennel operator is in compliance with the amendatory Act during the course of routine building and fire inspections of the kennel operator. Provides that local fire officials and the State Fire Marshal shall immediately notify the Department of Agriculture upon discovery that a kennel operator is not in compliance with the amendatory Act. Provides that the Department shall deny issuing a license under the Act to a kennel operator that is not in compliance with the amendatory Act. Provides that a kennel operator that is already licensed under the Act and found by the Department not to be in compliance with amendatory Act shall be liable for $500 for the first violation, $1,500 for the second violation, and $2,500 and the loss of the license for the third violation. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 1 with the following changes: Provides that a kennel operator that maintains dogs or cats for boarding and that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Requires the kennel operator to certify in its license application and annually certify in its license renewal that either: (1) its facility has a fire alarm system or a fire sprinkler system, and shall include with the application or license renewal an attached description and picture of the make and model of the system used; or (2) the kennel is staffed at all times dogs or cats are on the premises, and shall include with the application or license renewal an attached staffing plan. Requires the Department of Agriculture to include the certification on each application for license or license renewal. Provides that a qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine fire inspections. Allows the inspector to inform the Department if, during a routine inspection, the fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system. Provides that, for the purposes of the amendatory Act's provisions, veterinary hospitals, practices, or offices are not kennel operators. Effective January 1, 2020.

Amends the Public Utilities Revenue Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 35 ILCS 620/14a from Ch. 120, par. 481a Adds reference to: 35 ILCS 200/21-16 new Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with more than 800,000 inhabitants but fewer than 1,000,000 inhabitants, if a lessee is liable for the payment of property taxes extended against property that is owned by a taxing district, the county treasurer shall promptly notify the taxing district that owns the property if the property taxes are delinquent 60 days after the second installment due date. Provides that the State's Attorney of the county in which the property is located may bring an action against the lessee in the circuit court to recover the full amount of delinquent taxes, interest, penalties, and costs. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 620/14a from Ch. 120, par. 481a Adds reference to: 35 ILCS 200/21-16 new Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with more than 800,000 inhabitants but fewer than 1,000,000 inhabitants, if a lessee is liable for the payment of property taxes extended against property that is owned by a taxing district, the county treasurer shall promptly notify the taxing district that owns the property if the property taxes are delinquent 60 days after the second installment due date. Provides that the taxing district shall promptly notify the county supervisor of assessments upon the execution of a new lease or the termination of a lease. Provides that the State's Attorney of the county in which the property is located may bring an action against the lessee in the circuit court to recover the full amount of delinquent taxes, interest, penalties, and costs.