Sen. Sue Rezin

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 Coroner Division of the Counties Code. Requires an autopsy of an infant under one year of age (rather than 2 years of age) who has died suddenly and unexpectedly and the circumstances concerning the death are unexplained following investigation (rather than just unexplained). Replaces references to sudden infant death syndrome with references to both sudden unexpected infant death and sudden infant death syndrome in provisions about reporting suspected cases and identification on the death certificate. Provides that if the cause of death is listed as sudden unexpected infant death, environmental factors, such as the condition of the infant's sleep environment, shall be noted on the death certificate when available. Senate Floor Amendment No. 1 Adds reference to: 20 ILCS 2310/2310-236 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to develop and require the use of a form by coroners in the case of a death of an infant in which the cause of death is sudden unexpected infant death or sudden infant death syndrome. Provides that the form shall contain specified information to be recorded after a preliminary investigation. Requires the Department to publish current information concerning sudden unexpected infant death and sudden infant death syndrome. Provides that, at least once every 5 years, the Department shall review the form and determine whether updates need to be made for effectiveness and relevancy. In provisions amending the Counties Code, removes language requiring that, if the cause of death on a death certificate is listed as sudden unexpected infant death, environmental factors, such as the condition of the infant's sleep environment, shall be noted when available.

Amends the Downstate Teachers and State Universities Articles of the Illinois Pension Code. Requires an employer to make an additional employer contribution for a participant whose earnings for any academic year used to determine the final rate of earnings exceed the amount of his or her earnings with the same employer for the previous academic year by more than 6% (instead of 3%). Makes conforming changes. Amends the School Code. Allows each school district to provide a salary to a student teacher employed by the district and fix the amount of that salary. Removes the requirement of the passage of a test of basic skills for obtaining certain Professional Educator Licenses and Educator Licenses with Stipulations. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 5/21B-25 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. With regard to endorsements on licenses, provides that, for a special education endorsement in the area of Early Childhood Special Education, an individual may satisfy the student teaching requirement of his or her early childhood teacher preparation program through placement in a setting with children from birth through grade 2, and the individual may be paid and receive credit while student teaching. Provides that the student teaching experience must meet the requirements of and be approved by the individual's early childhood teacher preparation program. Provides that, subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under the evidence-based funding formula may, after application to the State Board of Education, receive from the State Board a refund for any costs associated with completing the teacher performance assessment required to obtain his or her license. Effective immediately. Senate Floor Amendment No. 2 Provides that, for an early childhood education endorsement (rather than a special education endorsement in the area of Early Childhood Special Education), an individual may satisfy the student teaching requirement of his or her early childhood teacher preparation program through placement in a setting with children from birth through grade 2, and the individual may be paid and receive credit while student teaching. House Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/15-155 40 ILCS 5/16-158 Removes provisions amending the Downstate Teachers and State Universities Articles of the Illinois Pension Code.

Amends the Diversifying Higher Education Faculty in Illinois Act. Provides that the Program Board created to administer the grant program authorized by the Act shall be comprised of 11 (rather than 21) members. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 930/3 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that, beginning with the 2020-2021 school year, in addition to any other requirements under the Code, as a prerequisite to receiving a high school diploma, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must (i) file a Free Application for Federal Student Aid with the United States Department of Education or, if applicable, an application for State financial aid or (ii) on a form created by the State Board of Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application. Provides that a school district must require each high school student to comply with the requirements and must provide to each student and, if applicable, his or her parent or guardian any support or assistance necessary for compliance. Provides that a school district must award a high school diploma to a student who is unable to meet the requirements due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under the Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver. Allows the State Board to adopt rules.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Creates an exemption for qualified tangible personal property used in the construction or operation of a data center that has been granted a certificate of exemption by the Department of Revenue. Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to add provisions concerning those certificates of exemption. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 2505/2505-810 new Adds reference to: 20 ILCS 605/605-1025 new 35 ILCS 5/229 new Makes changes to the introduced bill to provide that the Department of Commerce and Economic Opportunity shall certify qualified data centers (in the introduced bill, the Department of Revenue). Provides that contractors or subcontractors of qualified data centers shall comply with certain responsible bidder requirements of the Illinois Procurement Code. Provides that those contractors shall enter into project labor agreements. Adds provisions to the introduced bill amending the Illinois Income Tax Act. Creates an income tax credit in the amount of 20% of the wages paid during the taxable year to a full-time or part-time employee of a construction contractor employed by a certified data center if those wages are paid for the construction of a new data center in a geographic area that meets certain criteria related to poverty or unemployment. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1025 new 35 ILCS 105/3-5 35 ILCS 110/3-5 35 ILCS 115/3-5 35 ILCS 120/2-5 35 ILCS 640/2-4 Adds reference to: 35 ILCS 5/201 from Ch. 120, par. 2-201 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Provides that the research and development credit applies for taxable years ending prior to January 1, 2027 (currently, January 1, 2022). Creates an income tax credit for qualified education expenses incurred by an employer on behalf of a qualifying apprentice, subject to certain limitations. Effective immediately.

Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020. House Committee Amendment No. 1 In provisions amending the Illinois Insurance Code, provides that it is unlawful to refuse to insure, to refuse to continue to insure, to limit the amount, extent, or kind of coverage available for life insurance, disability insurance, or long-term care insurance to an individual, or to charge an individual a different rate for the same coverage, solely because of the individual's status as a living organ donor (rather than providing specific prohibitions on denial of coverage and cost of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies). Provides that with respect to all other conditions, as persons who are living organ donors shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who are not organ donors. House Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 Adds reference to: 755 ILCS 50/5-47 Replaces everything after the enacting clause. Reinserts the introduced bill, as amended by House Amendment 1, with the following changes: Removes provisions amending the Illinois Vehicle Code. Amends the Illinois Anatomical Gift Act. Requires the Secretary of State to create a database consisting of all individuals who have consented to having their names included in the First Person Consent organ and tissue donor registry who have consented to having their names included in the First Person Consent organ and tissue donor registry. Provides what shall be included in the database and requires the Secretary of State to update the database not less than every 7 days. Allows an organ procurement organization that has executed a data access agreement with the Secretary of State to have online access to the database to determine whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry. Requires the organ procurement organization to indemnify and hold harmless the State, its officials, and employees for certain costs arising out of the organ procurement organization's use of the database. Effective January 1, 2020.

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 2 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person shall not sell or offer at auction salvage vehicles to a nonresident individual or business in the United States unless the nonresident is licensed in another state or jurisdiction, provides a National Motor Vehicle Title Information System (NMVTIS) number, a social security number or federal employment identification number, and resale tax certificate, if applicable. Provides that a person in the State shall not sell or offer at auction salvage vehicles to an out-of-country buyer unless the out-of-country buyer is licensed in its jurisdiction as a recycler or rebuilder and provides a foreign license number, passport, or other form of identification issued by the foreign jurisdiction. Provides that an out-of-country buyer who provides a business address not within the sovereign boundaries of the United States shall receive a title stamped with the designation of "export only" at the point of sale. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Adds reference to: 30 ILCS 105/5.891 new 625 ILCS 5/11-709 from Ch. 95 1/2, par. 11-709 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 625 ILCS 5/11-907.5 705 ILCS 135/15-70 720 ILCS 5/9-3 from Ch. 38, par. 9-3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 730 ILCS 5/5-5-3.2 Replaces everything after the enacting clause. Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.

Amends the Criminal Code of 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense). Makes conforming changes.

Amends the School Code. With regard to special education joint agreements, provides that under no circumstances may a petition for withdrawal from a joint agreement be presented to other member districts less than 18 months from the date of the proposed withdrawal. Provides that if a petition for withdrawal is not approved by the other member districts, any petitioning member district (rather than only a petitioning member district that is part of a Class II county school unit outside of a city of 500,000 or more inhabitants) may appeal the disapproval. Provides that the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future; specifies requirements for the withdrawing district prior to the hearing. Provides that each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in specified special education rules of the State Board of Education and all relevant portions of the federal Individuals with Disabilities Education Act. Provides that the withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. Effective immediately. Senate Floor Amendment No. 1 Provides that under no circumstances may a petition to withdraw from a joint agreement be presented to other member districts less than 12 (rather than 18) months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Provides that upon approval by school board written resolution of all remaining member districts, the petitioning member district must submit its comprehensive plan to the State Board for review. Removes a provision providing that the petitioning member district shall be withdrawn from the joint agreement effective the following July 1. Provides that, in the event of a hearing conducted by a hearing panel, the withdrawing district must, prior to the hearing and among other requirements, hold a public hearing to allow for the opportunity to review (rather than hear) the plan for educating students after the withdrawal and prepare and provide a comprehensive plan (rather than prepare evidence that it has all of the components of a comprehensive plan).