Sen. John Curran

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Amends the State Finance Act. Creates the Division of Real Estate General Fund. Repeals provisions creating the Real Estate Audit Fund, the Home Inspector Administration Fund, and the Community Association Manager Licensing and Disciplinary Fund. Amends the Auction License Act. Makes changes in provisions concerning requirements for an auctioneer license and application; expiration, renewal, and continuing education; fees and disposition of funds; grounds for disciplinary actions; returned checks and dishonored credit card charges; and the Auction Advisory Board. Creates provisions concerning confidentiality; citations; illegal discrimination; and no private right of action. Amends the Community Association Manager Licensing and Disciplinary Act. Makes changes in provisions concerning definitions; the Community Association Manager Licensing and Disciplinary Board; fidelity insurance and segregation of accounts; licenses, renewals, restoration, and persons in military service; and fees. Amends the Home Inspector License Act. Makes changes in provisions concerning definitions; renewal of licenses; unlicensed practice; civil penalties; and surcharges. Creates provisions concerning illegal discrimination. Amends the Real Estate License Act of 2000. Makes changes in provisions concerning definitions; requirements for license as a residential leasing agent; good moral character; offices; expiration and renewal of licenses; continuing education requirements; agency relationship disclosure; dual agency; grounds for discipline; citations; restoration of a suspended or revoked license; administrative review venue; the Real Estate Administration and Disciplinary Board; and licensing of education providers. Amends the Real Estate Appraiser Licensing Act. Makes changes in provisions concerning definitions; renewal of licenses; and the Real Estate Appraisal Administration and Disciplinary Board. Amends the Appraisal Management Company Registration Act concerning qualifications for registration, reports, and good moral character. Amends the Professional Limited Liability Company Act concerning the nature of business. Amends the Real Estate License Act of 2000 concerning broker licensure. Repeals the Real Estate Regulation Transfer Act. Makes other changes. Effective immediately, except provisions repealing provisions of the State Finance Act take effect July 1, 2023. House Committee Amendment No. 1 Adds reference to: 225 ILCS 458/15-15 Removes language providing that the designated community association manager or the community association management firm must provide a current certificate of fidelity insurance and a current certificate of general liability and errors and omissions to all community associations to which it provides community association management services no later than 10 days following the renewal date of the insurance. Provides instead that the community association manager or the community association management firm shall provide a current certificate of fidelity insurance and a current certificate of general liability and errors and omissions to a community association for which it provides community association management services within 10 days of a request for such certificates by the community association for its records. Removes language providing that funds shall not be commingled with the supervising community association manager's or community association management firm's funds. Makes other changes. Senate Floor Amendment No. 1 Changes references from January 1, 2023 to July 1, 2023 and a reference from July 1, 2023 to October 1, 2023. Changes the effective date for Section 10 to October 1, 2023 (rather than July 1, 2023).

Amends the Minors Article of the Probate Act of 1975. Deletes language providing that in any proceeding for the appointment of a standby guardian or a guardian, the court may appoint a guardian ad litem to represent the minor in the proceeding. Provides instead that in any proceeding for the appointment of a standby guardian or a guardian, the court may appoint a guardian ad litem to testify or submit a written report to the court regarding his or her recommendations in accordance with the best interests of the child. Senate Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Adds reference to: 615 ILCS 45/14.1 new Replaces everything after the enacting clause. Amends the Illinois and Michigan Canal Development Act. Provides that, notwithstanding any other provision of law or restrictions on sale, the Village of Lemont may exchange with a nongovernmental entity the Illinois and Michigan Canal lands that were purchased from the State for other real property of substantially equal or greater value, as determined by 2 MAI appraisals of the properties, and of substantially the same or greater suitability for recreational, park, and parking purposes without additional cost to the Village. Provides that the property being transferred to the Village must be continuous to other Illinois and Michigan Canal lands owned by the Village. Provides that, prior to an exchange with a nongovernmental entity, the Village board shall hold a public hearing in order to consider the proposed exchange. Provides that notice of such meeting shall be published at least twice, with the first and last publication being at least 10 days apart, in a newspaper of general circulation within the Village. Provides that the language authorizing an exchange of property between the Village of Lemont and a nongovernmental agency applies only to specified property.

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution for a criminal offense defined in the Sex Offense Article of the Criminal Code of 1961 or the Criminal Code of 2012 or for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse when the alleged victim of the offense was under 18 years of age at the time of the offense, the court may exclude from the proceedings while the victim is testifying, regardless of the alleged victim's age at the time of the victim's courtroom testimony, all persons, who, in the opinion of the court, do not have a direct interest in the case, except the media. Effective immediately. Senate Committee Amendment No. 1 Provides that for the purposes of excluding disinterested parties, the court shall enter its finding that parties are disinterested and the basis for that finding into the record. House Floor Amendment No. 3 Provides that when the court publishes to the trier of fact videos, photographs, or any depiction of a minor under 18 years of age engaged in a sex act, the court may exclude from the proceedings all persons, who in the opinion of the court, do not have a direct interest in the case, except the media.

Amends the Personnel Code. Provides that a bilingual pay supplement shall go into effect within 30 calendar days after an employee presents to the Director or the Director's designee a certification from either: (i) the designated testing program process selected by the Director; or (ii) an Illinois community college confirming that language skill proficiency in reading, writing, and speaking has been satisfied by the employee. Provides for the acceptance of certifications of linguistic competence from pre-approved third parties for needs that require a certain linguistic ability. Provides further requirements concerning the testing and certification of linguistic ability for job positions. House Floor Amendment No. 1 Provides that a bilingual pay supplement shall be processed (rather than go into effect) within 30 calendar days after an employee presents to the Director of Central Management Services, or his or her designee, specified certification. Provides that no later than January 2024 (rather than January 2023), the Department of Central Management Services shall authorize at least one if not more community colleges in specified regions of the State to pre-test and certify linguistic ability for specified purposes.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Illinois Vehicle Code. In provisions concerning a motor vehicle transfer tax when the transfer is pursuant to the administration of an estate and the beneficiary is not a surviving spouse, provides that those provisions also apply to the administration of an inter vivos trust that became irrevocable upon the death of the grantor. Effective immediately.

Amends the Stalking No Contact Order Act. Provides that when a petition for an emergency stalking no contact order is filed, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, victim advocate, counsel of record for either party, and the State's Attorney for the county until the petition is served on the respondent. Provides that when a petition for an emergency stalking no contact order is granted, the petition, order, and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, victim advocate, counsel of record for either party, and the State's Attorney for the county until the order is served on the respondent. Amends the Civil No Contact Order Act. Provides that when a petition for an emergency civil no contact order is filed, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and the State's Attorney for the county until the petition is served on the respondent. Provides that when a petition for a civil no contact order is granted, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and the State's Attorney for the county until the petition is served on the respondent. Amends the Illinois Domestic Violence Act of 1986. Provides that when a petition for an emergency order of protection is granted, the order and file shall not be public and shall only be accessible to the court, petitioner, law enforcement, domestic violence advocate or counselor, counsel of record for either party, and the State's Attorney for the county until the order is served on the respondent. Effective immediately.

Amends the Downstate Police and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Provides that within 6 months after the effective date of the amendatory Act, a person may transfer to a fund established under the Downstate Police Article creditable service accumulated under IMRF for service as a county correctional officer upon payment to the police pension fund of a specified amount to be determined by the board. Provides that any person applying to transfer service under the provisions may reinstate credits and creditable service under IMRF that were terminated upon receipt of a separation benefit by paying to IMRF the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest to the date of payment. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Committee Amendment No. 1 Provides that within 6 months after the effective date of the amendatory Act, a person may transfer to a fund established under the Downstate Police Article creditable service accumulated under the Illinois Municipal Retirement Fund (IMRF) for service as a person employed by a participating municipality to perform administrative duties related to law enforcement upon payment to the police pension fund of a specified amount to be determined by the board. Makes a conforming change.