HUMAN RTS-COMMISSION-VARIOUS
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SB 20 — HUMAN RTS-COMMISSION-VARIOUS
Last action — Public Act . . . . . . . . . 100-1066
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
0 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Children and Family Services Act. Makes a technical change in a Section concerning the short title.
Bill Text
What changed in the latest version
46 added · 46 removedPlain-language change summary
The amendment to SB 20 simplifies the process for handling discrimination charges under the Illinois Human Rights Act. Specifically, if a person has already started a court case related to their charge, the state will stop its investigation and inform the person about their right to continue seeking justice in court. This change is important because it helps avoid overlapping legal efforts and ensures that individuals can focus on their court proceedings without unnecessary delays from the state's process.
SB0020 EngrossedEnrolled LRB100 05173 KTG 15183 b AN ACT concerning State government.
The Director shall also provide the charging party notice of his or her right to seek review of the dismissal order before the SB0020 EngrossedEnrolled - 2 - LRB100 05173 KTG 15183 b Commission.
(3) Charges deemed filed with the Department pursuant to subsection (A-1) of this Section shall be deemed to be SB0020 EngrossedEnrolled - 3 - LRB100 05173 KTG 15183 b in compliance with this subsection.
and (v) that the time period to investigate the charge contained in subsection (G) of this Section is tolled from the date on which the charge is filed with the EEOC until the EEOC issues its SB0020 EngrossedEnrolled - 4 - LRB100 05173 KTG 15183 b determination.
(3) For those charges alleging violations within the jurisdiction of both the EEOC and the Department and for which the EEOC either (i) does not issue a determination, but does issue the complainant a notice of a right to sue, including when the right to sue is issued at the request of the complainant, or (ii) determines that it is unable to establish that illegal discrimination has occurred and issues the complainant a right to sue notice, and if the SB0020 EngrossedEnrolled - 5 - LRB100 05173 KTG 15183 b Department is timely notified of the EEOC's determination by complainant, the Department shall notify the parties, within 10 business days after receipt of the EEOC's determination, that the Department will adopt the EEOC's determination as a dismissal for lack of substantial evidence unless the complainant requests in writing within 35 days after receipt of the Department's notice that the Department review the EEOC's determination.
(b) If the complainant does file a written request with the Department to review the EEOC's SB0020 EngrossedEnrolled - 6 - LRB100 05173 KTG 15183 b determination, the Department shall review the EEOC's determination and any evidence obtained by the EEOC during its investigation.
(4) Pursuant to this Section, if the EEOC dismisses the charge or a portion of the charge of discrimination because, under federal law, the EEOC lacks jurisdiction over the charge, and if, under this Act, the Department has SB0020 EngrossedEnrolled - 7 - LRB100 05173 KTG 15183 b jurisdiction over the charge of discrimination, the Department shall investigate the charge or portion of the charge dismissed by the EEOC for lack of jurisdiction pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of this Act.
The position statements and other materials filed shall remain confidential unless otherwise agreed to by the party providing the information and shall not SB0020 EngrossedEnrolled - 8 - LRB100 05173 KTG 15183 b be served on or made available to the other party during pendency of a charge with the Department.
The SB0020 EngrossedEnrolled - 9 - LRB100 05173 KTG 15183 b Department shall, within 10 days of the date on which the charge was filed, and again no later than 335 days thereafter, send by certified or registered mail written notice to the complainant and to the respondent informing the complainant of the complainant's rights right to either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court under subparagraph (2) of paragraph (G) and under subsection (C-1), including in such notice the dates within which the complainant may exercise these rights this right.
SB0020 EngrossedEnrolled - 10 - LRB100 05173 KTG 15183 b (C) Investigation.
(4) Upon reasonable notice to the complainant and the respondent, the Department shall conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed the Director has determined whether there is substantial evidence that the alleged civil rights violation has been committed, the charge has been dismissed for lack of jurisdiction, or the parties SB0020 EngrossedEnrolled - 11 - LRB100 05173 KTG 15183 b voluntarily and in writing agree to waive the fact finding conference.
At any time within 60 days after receipt of notice of the right to opt out, a complainant may submit a written request seeking notice from the Director indicating that the complainant has opted out of SB0020 EngrossedEnrolled - 12 - LRB100 05173 KTG 15183 b the investigation and may commence a civil action in the appropriate circuit court.
(1) Each charge investigated under subsection (C) SB0020 EngrossedEnrolled - 13 - LRB100 05173 KTG 15183 b shall be the subject of a report to the Director.
If the complainant chooses to have the Human Rights Commission review the dismissal order, he or she shall file a request for review with the Commission within 90 days after receipt SB0020 EngrossedEnrolled - 14 - LRB100 05173 KTG 15183 b of the Director's notice.
If the complainant SB0020 EngrossedEnrolled - 15 - LRB100 05173 KTG 15183 b files a complaint with the Human Rights Commission, the complainant shall give notice to the Department of the filing of the complaint with the Human Rights Commission.
SB0020 EngrossedEnrolled - 16 - LRB100 05173 KTG 15183 b (1) When the complainant requests that the Department file a complaint with the Commission on his or her behalf, the Department shall prepare a written complaint, under oath or affirmation, stating the nature of the civil rights violation substantially as alleged in the charge previously filed and the relief sought on behalf of the aggrieved party.
(2) If the Department has not issued its report within 365 days after the charge is filed, or any such longer period agreed to in writing by all the parties, the complainant shall have 90 days to either file his or her own complaint with the Human Rights Commission or commence SB0020 EngrossedEnrolled - 17 - LRB100 05173 KTG 15183 b a civil action in the appropriate circuit court.
The Department may also be liable for any SB0020 EngrossedEnrolled - 18 - LRB100 05173 KTG 15183 b costs and other damages incurred by the respondent as a result of the action of the Department.
SB0020 EngrossedEnrolled - 19 - LRB100 05173 KTG 15183 b (1) Within one year after the date that a civil rights violation allegedly has been committed or terminated, a charge in writing under oath or affirmation may be filed with the Department by an aggrieved party or issued by the Department itself under the signature of the Director.
Notwithstanding any request from the Department, the SB0020 EngrossedEnrolled - 20 - LRB100 05173 KTG 15183 b respondent may elect to file a response to the charge within 30 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or his or her representative.
(2) A person who is not named as a respondent in a charge, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under SB0020 EngrossedEnrolled - 21 - LRB100 05173 KTG 15183 b subsection (B), to such person, from the Department.
(4) If any witness whose testimony is required for any investigation resides outside the State, or through illness or any other good cause as determined by the Director is unable to be interviewed by the investigator or SB0020 EngrossedEnrolled - 22 - LRB100 05173 KTG 15183 b appear at a fact finding conference, his or her testimony or deposition may be taken, within or without the State, in the same manner as provided for in the taking of depositions in civil cases in circuit courts.
SB0020 EngrossedEnrolled - 23 - LRB100 05173 KTG 15183 b (a) the names and dates of contacts with witnesses;
(a) If the Director determines that there is no substantial evidence, the charge shall be dismissed and the aggrieved party notified that he or she may seek review of the dismissal order before the SB0020 EngrossedEnrolled - 24 - LRB100 05173 KTG 15183 b Commission.
(3) Nothing occurring at the conference shall be made public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this Act unless SB0020 EngrossedEnrolled - 25 - LRB100 05173 KTG 15183 b the complainant and respondent agree in writing that such disclosure be made.
SB0020 EngrossedEnrolled - 26 - LRB100 05173 KTG 15183 b (3) The Department may not issue a complaint under this Section regarding an alleged civil rights violation after the beginning of the trial of a civil action commenced by the aggrieved party under any State or federal law, seeking relief with respect to that alleged civil rights violation.
(I) The changes made to this Section by Public Act 95-243 apply to charges filed on or after the effective date of those SB0020 EngrossedEnrolled - 27 - LRB100 05173 KTG 15183 b changes.
Incumbent July 29, 1985, but the incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the SB0020 EngrossedEnrolled - 28 - LRB100 05173 KTG 15183 b 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be subject to all of the duties of members of the Commission until June 30, 2019 or until their respective successors are appointed and qualified, whichever is earlier.
Any person SB0020 EngrossedEnrolled - 29 - LRB100 05173 KTG 15183 b so nominated and confirmed by the Senate shall hold office for the remainder of the term and until his or her successor is appointed and qualified.
SB0020 EngrossedEnrolled - 30 - LRB100 05173 KTG 15183 b (F) A formal training program for newly appointed commissioners shall be implemented.
(G) Commissioners must meet one of the following SB0020 EngrossedEnrolled - 31 - LRB100 05173 KTG 15183 b qualifications:
(H) Notwithstanding any other provision of this Act, the SB0020 EngrossedEnrolled - 32 - LRB100 05173 KTG 15183 b Governor shall appoint, by and with the consent of the Senate, a special temporary panel of commissioners comprised of 3 members.
To select and fix the compensation of such technical advisors and employees as it may deem necessary SB0020 EngrossedEnrolled - 33 - LRB100 05173 KTG 15183 b pursuant to the provisions of "The Personnel Code".
A formal, unbiased and ongoing professional development SB0020 EngrossedEnrolled - 34 - LRB100 05173 KTG 15183 b program including, but not limited to, the above-noted areas shall be implemented to keep hearing officers informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
SB0020 EngrossedEnrolled - 35 - LRB100 05173 KTG 15183 b (K) Public Grants;
When a request for review is properly filed, the Commission may consider the Department's report, any SB0020 EngrossedEnrolled - 36 - LRB100 05173 KTG 15183 b argument and supplemental evidence timely submitted, and the results of any additional investigation conducted by the Department in response to the request.
SB0020 EngrossedEnrolled - 37 - LRB100 05173 KTG 15183 b (E) The changes made to this Section by Public Act 95-243 apply to charges or complaints filed with the Department or Commission on or after the effective date of those changes.
SB0020 EngrossedEnrolled - 38 - LRB100 05173 KTG 15183 b The changes made to this Section by this amendatory Act of the 95th General Assembly apply to decisions of the Commission entered on or after the effective date of those changes.
Any party so SB0020 EngrossedEnrolled - 39 - LRB100 05173 KTG 15183 b notified may present oral argument.
If the panel declines to review the recommended SB0020 EngrossedEnrolled - 40 - LRB100 05173 KTG 15183 b order, it shall become the order of the Commission.
Show all 46 changed lines (6 more)
The SB0020 EngrossedEnrolled - 41 - LRB100 05173 KTG 15183 b application shall be served on all other parties.
(2) Any modification shall be accomplished by the SB0020 EngrossedEnrolled - 42 - LRB100 05173 KTG 15183 b filing and service of a supplemental order and decision by the Commission in the same manner as provided in this Section.
Within 21 days of the receipt of service of SB0020 EngrossedEnrolled - 43 - LRB100 05173 KTG 15183 b exceptions, a party may file with the Commission any response to the exceptions.
The findings and recommendations shall be SB0020 EngrossedEnrolled - 44 - LRB100 05173 KTG 15183 b subject to review by the Commission as provided in this Section.
SB0020 EngrossedEnrolled - 45 - LRB100 05173 KTG 15183 b (4) The Commission shall issue a final decision within one year of the date a charge is filed with the Department unless it is impracticable to do so.
(3) When an application for rehearing is granted, the original order shall be nullified and oral argument before SB0020 EngrossedEnrolled - 46 - LRB100 05173 KTG 15183 b the full Commission shall be scheduled.
Show all 46 changed rows (6 more)
Action History
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Public Act . . . . . . . . . 100-1066
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Effective Date August 24, 2018
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Governor Approved
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Added as Co-Sponsor Sen. John F. Curran
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Sent to the Governor
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Added Alternate Co-Sponsor Rep. La Shawn K. Ford
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Added Alternate Co-Sponsor Rep. Emanuel Chris Welch
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Added Alternate Chief Co-Sponsor Rep. Kelly M. Burke
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Added Alternate Chief Co-Sponsor Rep. Frances Ann Hurley
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Added Alternate Chief Co-Sponsor Rep. Carol Sente
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Passed Both Houses
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Third Reading - Short Debate - Passed 114-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate State Government Administration Committee; 007-000-000
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Added Alternate Chief Co-Sponsor Rep. Sara Wojcicki Jimenez
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Motion to Suspend Rule 21 - Prevailed
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Motion Filed to Suspend Rule 21 State Government Administration Committee; Rep. Barbara Flynn Currie
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Final Action Deadline Extended-9(b) May 31, 2018
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Assigned to State Government Administration Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Barbara Flynn Currie
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Arrived in House
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Third Reading - Passed; 047-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 2 Adopted; Steans
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Recalled to Second Reading
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Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000
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Senate Floor Amendment No. 2 Assignments Refers to Executive
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Heather A. Steans
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Placed on Calendar Order of 3rd Reading May 16, 2018
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Approved for Consideration Assignments
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Rule 2-10 Third Reading Deadline Established As May 31, 2018
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Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
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Pursuant to Senate Rule 3-9(b) / Referred to Assignments
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Senate Floor Amendment No. 1 Assignments Refers to Executive
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Chief Sponsor Changed to Sen. Heather A. Steans
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
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Rule 2-10 Third Reading Deadline Established As May 31, 2017
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Placed on Calendar Order of 3rd Reading January 25, 2017
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Second Reading
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Placed on Calendar Order of 2nd Reading January 24, 2017
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Do Pass Executive; 016-000-000
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Assigned to Executive
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. John J. Cullerton
Sponsors
- Heather A. Steans · Cosponsor
- Emanuel Chris Welch · Cosponsor
- La Shawn K. Ford · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 3 co-sponsors · 180 not signed on
Sponsors (0)
None.
Co-sponsors (3)
- Heather A. Steans
- Emanuel Chris Welch
- La Shawn K. Ford
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 71 | 0 | 0 | 3 |
| Republican | 12 | 0 | 0 | 0 |
| Democrat | 31 | 0 | 0 | 1 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Bristow | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Costello | — | Yea |
| Conyears-Ervin | — | Yea |
| McAuliffe | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Pritchard | — | Yea |
| Sente | — | Yea |
| Bennett | — | Yea |
| Sauer | — | Yea |
| Brady | — | Yea |
| Harris, David | — | Yea |
| Harris, Gregory | — | Yea |
| Hernandez | — | Yea |
| Burke, Daniel | — | Yea |
| Greenwood | — | Yea |
| Hays | — | Yea |
| Burke, Kelly | — | Yea |
| Lang | — | Yea |
| Long | — | Yea |
| McDermed | — | Yea |
| Jones | — | Yea |
| McSweeney | — | Yea |
| Sommer | — | Yea |
| Stewart | — | Yea |
| Stratton | — | Yea |
| Davis | — | Yea |
| Tabares | — | Not Voting |
| Thapedi | — | Yea |
| Wheeler, Barbara | — | Yea |
| Turner | — | Yea |
| Wheeler, Keith | — | Yea |
| Mitchell, Bill | — | Yea |
| Wallace | — | Yea |
| Williams | — | Yea |
| Mitchell, Christian | — | Yea |
| Welter | — | Yea |
| Finnie, Natalie | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Cavaletto | — | Yea |
| Connor | — | Yea |
| Conroy | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Yea |
| Durkin | — | Yea |
| Fortner | — | Yea |
| Ives | — | Yea |
| Jesiel | — | Yea |
| Madigan | — | Not Voting |
| Hurley | — | Yea |
| Jimenez | — | Yea |
| Olsen | — | Yea |
| Parkhurst | — | Yea |
| Phillips | — | Not Voting |
| Reis | — | Yea |
| Riley | — | Yea |
| Skillicorn | — | Yea |
| Soto | — | Yea |
| Unes | — | Yea |
| Wehrli | — | Yea |
| Winger | — | Yea |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Not Voting |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 0 | 0 | 6 |
| Democrat | 15 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 6 |
| Total | 47 | 0 | 0 | 12 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Not Voting |
| McCarter | — | Not Voting |
| McConnaughay | — | Yea |
| Manar | — | Yea |
| McCann | — | Yea |
| Haine | — | Yea |
| Landek | — | Yea |
| Bennett | — | Yea |
| Harris | — | Yea |
| McGuire | — | Yea |
| Link | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Cullerton | — | Yea |
| Cullerton, T. | — | Yea |
| Raoul | — | Not Voting |
| Rooney | — | Not Voting |
| Silverstein | — | Yea |
| Brady | — | Not Voting |
| Steans | — | Yea |
| Bush | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Hutchinson | — | Yea |
| Nybo | — | Yea |
| Oberweis | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Althoff | — | Not Voting |
| Martinez | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Not Voting |
| Dan McConchie | Republican | Not Voting |
| Dave Syverson | Republican | Not Voting |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Not Voting |
| Sue Rezin | Republican | Not Voting |
| Travis Weaver | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 20 do?
- Amends the Children and Family Services Act. Makes a technical change in a Section concerning the short title.
- Who sponsors SB 20?
- SB 20 is sponsored by Heather A. Steans, Emanuel Chris Welch, and La Shawn K. Ford.
- What is the current status of SB 20?
- This bill has been enacted into law. Introduced January 11, 2017. Enacted.
- Where can I track SB 20?
- Track SB 20 free on One Click Politics — get push/email alerts when it moves.
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