Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. Senate Floor Amendment No. 2 Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out (rather than brought) pursuant to a provision regarding cotenant buyout, a party of the property representing the combined interests of those cotenants as determined by the court.
Sponsored bills
Amends the Election Code. Requires that the trustees for the Fox Metro Water Reclamation District be elected at consolidated elections. Provides that where a nomination for election is to be made for a trustee of the Fox Metro Water Reclamation District, then the petition shall be filed in the office of the county clerk not more than 113 nor less than 106 days prior to the date of the primary. Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Fox Metro Water Reclamation District shall be elected (rather than appointed) beginning with the 2019 election. Sets forth requirements concerning the number of trustees to be elected and length of terms. Effective immediately. Senate Committee Amendment No. 1 In provisions concerning nomination of trustees in the Election Code, moves a reference to the Fox Metro Water Reclamation District to provisions concerning districts encompassing more than one county. Changes the election at which the board of trustees of the Fox Metro Water Reclamation District shall be elected from 2019 to 2021. House Committee Amendment No. 1 Provides that if a vacancy occurs before the 2021 election on the board of trustees of the Fox Metro Water Reclamation District, the District Manager shall, no later than 7 days from the date of the vacancy, notify the State legislators representing any portion of the District and publish other notification. Requires persons to apply with the District Manager for the open trustee position and for the District Manager to hold a public meeting with the State legislators regarding the applicants. Provides that, at the public meeting, the State legislators shall select a candidate who will be appointed by the board of trustees at the next board of trustees meeting. House Committee Amendment No. 2 Provides that the board of trustees of the Fox Metro Water Reclamation District shall: on or before July 1, 2020, divide the District into 5 trustee districts and assign the trustee districts to reflect the results of the most recent federal decennial census; and thereafter, in the year following each decennial census, redistrict the trustee districts to reflect the results of the most recent census. Provides that a petition for nomination for election of a trustee of the District shall contain at least 100 signatures of registered voters residing within the District. House Floor Amendment No. 3 Replaces "District" with "Fox Metro Water Reclamation District" in House Amendment No. 2.
Amends the Downstate Firefighter and Chicago Firefighter Articles of the Illinois Pension Code. Provides that until 6 months after the effective date of the amendatory Act, creditable service may be transferred from municipal firefighters' pension funds to the Firemen's Annuity and Benefit Fund of Chicago. Removes a provision restricting the amount of creditable service that may be transferred. Authorizes, until 6 months after the effective date of the amendatory Act, the transfer of creditable service from the Firemen's Annuity and Benefit Fund of Chicago to municipal firefighters' pension funds. Amends the State Mandates Act to provide for implementation without reimbursement. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/4-108.6 40 ILCS 5/6-227 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes provisions authorizing a firefighter to transfer creditable service from a municipal firefighters' pension fund to the Firemen's Annuity and Benefit Fund of Chicago.
Amends the Stalking No Contact Order Act. Provides that if an emergency stalking no contact order is granted on a court holiday or evening, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records (rather than on the next court day). Senate Floor Amendment No. 1 Adds reference to: 740 ILCS 22/208 740 ILCS 22/218 750 ILCS 60/210 from Ch. 40, par. 2312-10 750 ILCS 60/222 from Ch. 40, par. 2312-22 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change in the Civil No Contact Order Act and the Illinois Domestic Violence Act of 1986: Provides that if an emergency civil no contact order or emergency order of protection is granted on a court holiday or evening, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records (rather than on the next court day).
Amends the Code of Criminal Procedure of 1963. Provides that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Amends the Unified Code of Corrections. Provides that the defendant is the parent of a child or infant whose well-being will be affected by the parent's absence shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment. Provides circumstances to be considered in assessing this factor in mitigation. Makes other changes. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 5/110-5.3 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Deletes language providing that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Removes a factor in mitigation. Makes other changes.
Amends the School Code. Provides that in fixing the salaries of teachers, a school board shall pay those who serve on a full-time basis a rate not less than (i) $32,076 for the 2020-2021 school year, (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 school year. Provides that the minimum salary rate for each school year thereafter, subject to review by the General Assembly, shall equal the minimum salary rate for the previous school year increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index For All Urban Consumers for all items published by the United States Department of Labor for the previous school year. Fiscal Note (State Board of Education) HB 2078 is estimated to increase the Regionalized Adequacy Target for school districts in the Evidence-Based Funding calculations by approximately 0.5%, at minimum, in the first year based on fiscal year 2019 Evidence-Based funding calculations. HB 2078 will increase the funding gap to adequacy. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State mandate. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change: provides that, on or before January 31, 2020, the Professional Review Panel must submit a report to the General Assembly on how State funds and funds distributed under the evidence-based funding formula may aid the financial effects of the changes made by the amendatory Act.
Amends the Contractor Prompt Payment Act. Provides that a retainage of 10% of the payment may be withheld from a payment under a construction contract prior to the completion of 50% of the contract. Provides that after 50% of the contract is completed, the amount of retainage for any subsequent payment may not exceed 5%. Effective immediately.
Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.
Amends the State Comptroller Act. Creates the Illinois Bank On Initiative to increase the use of Certified Financial Products and reduce reliance on alternative financial products. Provides that the Illinois Bank On Initiative shall be administered by the Comptroller, and the Comptroller shall be responsible for specified ongoing activities of the Initiative. Creates the Illinois Bank On Initiative Commission and provides for membership of the Commission. Provides for requirements and duties of the Commission. Requires the Comptroller and the Commission to annually prepare and make available on the Controller's website a report concerning the progress of the Illinois Bank On Initiative. Provides that the Comptroller may adopt rules necessary to implement provisions concerning the Illinois Bank On Initiative and Commission. Defines terms. Effective immediately. Senate Floor Amendment No. 2 Modifies the membership requirements of the Illinois Bank On Initiative Commission. Modifies the definition of "Certified Financial Product" and defines "financial institution".
Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest that result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2630/5.2 Deletes the amendatory changes to the Criminal Identification Act that relate to sealing of records of arrest or charges not initiated by arrest that result in an order of supervision or conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft committed against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, criminal abuse or neglect of an elderly person or a person with a disability, or a similar provision of a local ordinance.