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 Floor 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. House Committee Amendment No. 1 Deletes reference to: New Act 735 ILCS 5/17-101 from Ch. 110, par. 17-101 735 ILCS 5/17-102 from Ch. 110, par. 17-102 735 ILCS 5/17-105 from Ch. 110, par. 17-105 735 ILCS 5/17-106 from Ch. 110, par. 17-106 Adds reference to: 775 ILCS 5/3-102.5 new Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately. House Floor Amendment No. 3 Adds reference to: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-103 from Ch. 68, par. 2-103 775 ILCS 5/3-102 from Ch. 68, par. 3-102 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.
Sponsored bills
Creates the Public University Uniform Admission Act. Requires each public university in this State to admit first-time freshman applicants as undergraduate students if the applicant graduated with a grade point average in the top 10% or was certified to be in the top 10% of the student's high school graduating class in one of the 2 school years preceding the academic year for which the applicant is applying for admission and (1) the applicant graduated from an accredited public or private high school in this State or from a high school operated by the United States Department of Defense; (2) the applicant successfully completed the minimum college preparatory curriculum requirements for admission to the university and satisfied the ACT college admission assessment or the SAT college admission assessment composite score and subscores required for admission to the university; and (3) if the applicant graduated from a high school operated by the United States Department of Defense, the applicant is a State resident or is entitled to pay tuition fees at the rate provided for State residents. Provides that the University of Illinois at Urbana-Champaign is not required to offer admission to applicants who qualify for automatic admission in excess of the number required to fill 75% of the university's enrollment capacity designated for first-time resident undergraduate students in an academic year. Sets forth other provisions concerning the University of Illinois at Urbana-Champaign. Sets forth other provisions concerning admissions. Provides for additional preparation for college, student outreach, and rulemaking. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes from the applicability of the Act the University of Illinois, Illinois State University, Governors State University, Northeastern Illinois University, and Chicago State University; makes conforming changes. Provides that, beginning with the 2020-2021 academic year, each institution shall create a 4-year uniform admission system pilot program under the Act (rather than create a permanent uniform admission system). Makes other changes. Repeals the Act on July 1, 2025. Fiscal Note, House Committee Amendment No. 1 (IL Board of Higher Education) House Bill 26 (H-AM 1) will not have a fiscal impact on the Illinois Board of Higher Education. House Committee Amendment No. 2 With regard to the student outreach program, removes a provision requiring the Illinois Student Assistance Commission, after gathering information and recommendations from available sources and examining current outreach practices by institutions of higher education in this State and in other states, to prescribe best practice guidelines and standards to be used by institutions in conducting student outreach. Senate Floor Amendment No. 1 Provides that an applicant who graduates in a graduating class of a school that has so few students that class rank does not make a reliable contribution toward assessing the student's college readiness is considered to have satisfied certain automatic admission requirements of the Act if, among other requirements, the student has (i) successfully completed the minimum college preparatory curriculum requirements established by law for admission to the institution and (rather than or) (ii) satisfied the ACT college admission assessment or the SAT college admission assessment composite score and subscores required for admission to the institution to which the applicant applied as well as any composite scores or subscores for colleges within that institution. Makes a technical correction.
Amends the Hospital Report Card Act to require that each hospital include in its quarterly report instances of preterm infants, infant mortality, and maternal mortality. Requires the reporting of racial and ethnic information of the infants' mothers, along with the disparity of occurrences across different racial and ethnic groups. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Requires the Department to collect information that is reported regarding preterm birth, infant mortality, and maternal mortality and to use it to illustrate the disparity of those occurrences across different racial and ethnic groups. Removes a provision that requires hospitals to report that disparity.
Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.
Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately. Fiscal Note (Dept. of Public Health) HB 2 would not pose any fiscal cost aside from standard staff time with the rulemaking. The cost would be negligible. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Removes language regarding a woman's rights to receive maternity care regarding social and behavioral factors, to receive continuous social, emotional, and physical support during labor and birth, and to receive full advance information about specified risks and benefits. Provides that a woman has the right to a certified nurse midwife as her maternity care professional and to examine and receive an explanation of her total bill for services rendered. Specifies that nothing in the provisions or any rules adopted under them shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Makes other changes. Effective January 1, 2020 (rather than immediately).
Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.
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 Unified Code of Corrections. Provides that the conditions of every parole and mandatory supervised release include that the subject: (1) not knowingly frequent (rather than frequent) places where controlled substances are illegally sold, used, distributed, or administered; and (2) except when the association described in (2)(A) or (2)(B) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent: (A) not knowingly associate with other persons on parole or mandatory supervised release without prior written permission of his or her parole agent; or (B) not knowingly associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department.
Amends the Homelessness Prevention Act. Changes certain types of assistance grantees shall offer households to prevent homelessness as follows: (1) payment of a rent or mortgage arrearage (rather than payment of a rent or mortgage arrearage in an amount established as necessary to defeat the eviction or foreclosure, but shall in no event be greater than 3 months of rental or mortgage arrears); (2) payment of a security deposit (rather than payment of a rent deposit or security deposit and payment of not more than 2 months rent or mortgage payments); and (3) payment of rent or mortgage. Provides that in no case shall the total assistance for a household be greater than the equivalent of 6 months of rent or mortgage payments. Provides that, on an annual basis, a grantee's administrative costs and case management expenses shall not exceed 15% of the grant amount it receives.