Sen. John Curran

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 Code of Criminal Procedure of 1963. Provides that if an arrest warrant is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant based upon a sworn complaint or sworn testimony communicated in the transmission. Provides that an arrest warrant may be issued electronically by electronic mail. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Makes a technical change concerning the applicability of the introduced provision.

Creates the Home Birth Maternity Care Crisis Study Committee to provide the General Assembly a consumer-focused, evidence-based solution to the Illinois Home Birth Maternity Care Crisis. House Floor Amendment No. 1 Changes the date that the final report is due.

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.

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

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 Electric Supplier Act. Makes a technical change in the short title Section. Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 30/1 Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Landscape Architecture Act of 1989 from January 1, 2020 to January 1, 2030. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Adds reference to: 215 ILCS 5/368g new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a health care plan requiring a health care provider to use a time-based Current Procedural Terminology code to bill for health care services shall not apply a time measurement standard that results in fewer units billed than allowed by the Current Procedural Terminology code book, except as required by federal law for federally funded patients. Effective immediately.

Amends the Professional Service Corporation Act. Includes within the scope of the term "related professions" and "related professional services" the practice of speech-language therapy by persons licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. Effective immediately.

Creates the Youth Homelessness Prevention Subcommittee Act. Requires the Governor's Cabinet on Children and Youth to create the Youth Homelessness Prevention Subcommittee to drive the State's strategic vision for preventing homelessness among youth leaving State systems of care. Sets forth the Subcommittee's duties including: (1) reviewing the discharge planning, services plans, and discharge procedures for youth leaving the custody or guardianship of the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Human Services' Division of Mental Health, and the Department of Corrections to determine whether such discharge planning and procedures ensure housing stability for youth leaving State systems of care; and (2) collecting data on the housing stability of youth for one year after they are released from State custody or guardianship. Provides that the Subcommittee shall include specified members, including: (i) one representative from the Governor's office; (ii) 4 representatives from agencies serving homeless youth; and (iii) 4 youth who have a lived experience with homelessness. Contains provisions concerning a quorum, administrative support, subcommittee meetings, and reporting requirements.

Amends various acts relating to the governance of public universities in Illinois. Provides that on or before July 1, 2020, and on or before each July 1 thereafter, the board of trustees of each university must submit a report to the Board of Higher Education on the amount of tuition that students attending the university paid in the previous academic year that includes (i) the percentage of undergraduate and graduate students who paid more than 75% of full tuition costs, (ii) the percentage of undergraduate and graduate students who paid more than 50% but no more than 75% of full tuition costs, (iii) the percentage of undergraduate and graduate students who paid more than 25% but no more than 50% of full tuition costs, (iv) the percentage of undergraduate and graduate students who paid no more than 25% of full tuition costs, and (v) the percentage of undergraduate and graduate students who had no tuition costs. Provides that the tuition costs calculated must reflect the amount of tuition paid by a student after all scholarships, grants, and other financial assistance have been applied to his or her tuition charge. House Floor Amendment No. 2 Deletes reference to: 110 ILCS 305/105 new 110 ILCS 520/90 new 110 ILCS 660/5-200 new 110 ILCS 665/10-200 new 110 ILCS 670/15-200 new 110 ILCS 675/20-205 new 110 ILCS 680/25-200 new 110 ILCS 685/30-210 new 110 ILCS 690/35-205 new Adds reference to: 110 ILCS 205/9.29 Replaces everything after the enacting clause. Amends the Board of Higher Education Act. Provides that, no later than July 1, 2020, and annually thereafter, each public university must submit a report to the Board of Higher Education on the amount of tuition that undergraduate, degree-seeking students attending the university paid in the previous academic year that includes (i) the percentage of undergraduate students who paid more than 75% of full tuition costs, (ii) the percentage of undergraduate students who paid more than 50% but no more than 75% of full tuition costs, (iii) the percentage of undergraduate students who paid more than 25% but no more than 50% of full tuition costs, (iv) the percentage of undergraduate students who paid no more than 25% of full tuition costs, and (v) the percentage of undergraduate students who had no tuition costs. Provides that the tuition costs calculated must reflect the amount of tuition paid by a student after all scholarships, grants, and other financial assistance have been applied to his or her tuition charge and must reflect only the amounts paid by undergraduate, degree-seeking students. Requires the Board of Higher Education to annually compile and submit, as part of its tuition and fee waiver report to the General Assembly, the information received by each public university.