Sen. Mike Halpin

Creates the Student Athlete Endorsement Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective January 1, 2023. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Changes the definition of "institution" to mean a publicly or privately operated college or university located in this State that offers baccalaureate degrees (rather than providing that "institution" has the meaning given to that term under the Higher Education Student Assistance Act). Provides that professional representation provided by an athlete agent to a student athlete shall be by a person licensed pursuant to the Illinois Athlete Agents Act. Effective January 1, 2023.

Mourns the death of Edward E. House.

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 Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Extends the repeal date of the Act from January 1, 2020 to January 1, 2025. Effective immediately.

Amends the Soil and Water Conservation Districts Act. Provides that the purposes of soil and water conservation districts include the conservation of soil health, organic matter in soil and plants, and water quality (rather than just water); and the improvement of resilience to droughts, floods, and other extreme weather. Defines "soil health". Allows districts to initiate and conduct specified activities regarding improvement of soil health, including surveys, investigations, research, development of comprehensive plans, entering into agreements with or cooperating with other entities, and making agricultural and engineering machinery and equipment available to landowners or occupiers within the district. Makes other changes.

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 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.