Rep. Ann Williams

Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Amends the Alzheimer's Disease Research Act. Changes the short title of the Act to the Alzheimer's Disease Research, Care, and Support Fund Act. Creates the full-time position of Dementia Coordinator within the Department of Public Health, who is responsible only for activities associated with and relevant to the successful implementation of the State of Illinois Alzheimer's Disease State Plan. Changes the name of the Alzheimer's Disease Research Fund to the Alzheimer's Disease Research, Care, and Support Fund and makes corresponding changes in the State Finance Act. Provides that moneys from the Fund shall be used to cover costs, including the Dementia Coordinator's salary and expenses. Provides that the Department shall be responsible for providing the Dementia Coordinator with administrative support through its existing resources and not from the Fund. Repeals provisions concerning a grant program administered by the Department. Amends the Alzheimer's Disease Assistance Act. Makes changes concerning the membership of the Alzheimer's Disease Advisory Committee. Requires the Department of Public Health to make reasonable efforts to promote the Alzheimer's Disease Research, Care, and Support Fund during relevant times, including, but not limited to, periods of time when tax returns are typically received, such as issuing press releases and posting on social media. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: provides that the Alzheimer's Disease Advisory Committee shall consist of 17 (rather than 16) voting members; provides that the additional voting member of the Committee shall be an individual with medical or academic experience with early onset Alzheimer's disease or related disorders; and provides that the Dementia Coordinator shall be funded out of the Alzheimer's Disease Research, Care, and Support Fund.

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.

Amends the Secretary of State Act. Requires the Secretary of State to take steps to ensure that all State forms and documents requiring the listing of gender designations or requiring persons to identify their gender shall include, as a gender designation, the term "non-binary" in addition to male and female gender designations. Requires each unit of local government in this State to adopt an ordinance or resolution requiring that unit of local government to take steps to ensure that all its forms and documents shall include the "non-binary" gender designation in a manner substantially similar to forms and documents as may be produced by the Secretary. Effective January 1, 2020. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 305/30 new Adds reference to: 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 Replaces everything after the enacting clause. Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after the effective date of this amendatory Act, and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary of State shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on identification card and driver's license application forms. Provides that the sex designated by the applicant shall be displayed on the identification card or driver's license issued to the applicant. Fiscal Note, House Committee Amendment No. 1 (Office of the Secretary of State) At this time, there is no fiscal impact to the Secretary of State's Office with HB 3534 (H-AM 1). We cannot project the fiscal impact on a future contract bid. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the Freedom From Location Surveillance Act. Provides that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removes subpoena). Makes other changes. Effective immediately. House Committee Amendment No. 3 Deletes reference to: 725 ILCS 168/5 725 ILCS 168/30 Replaces everything after the enacting clause. Amends the Freedom From Location Surveillance Act. Reinserts the provisions of the introduced bill, except omits the amendatory changes to the provision concerning the inapplicability of the Act and definitional provisions. Effective immediately.

Creates the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Defines terms. Provides that a depicted individual who is identifiable and who suffers harm from a person's intentional dissemination or threatened dissemination of a private sexual image without the depicted individual's consent has a cause of action under specified circumstances. Provides that a person is not liable under the Act if the person proves that the dissemination of, or a threat to disseminate, a private sexual image was made in good faith in certain cases. Provides that a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the Act for a dissemination or threatened dissemination of intimate private sexual image of the child. Provides that the dissemination of, or a threat to disseminate, a private sexual image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Provides that, in an action under the Act, a plaintiff may use a pseudonym or the court may exclude or redact the plaintiff's name and other identifying characteristics from all pleadings and documents filed. Provides remedies. Provides that an action for a nonconsensual dissemination may not be brought later than 4 years from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence. Provides that for an action for a threat to disseminate may not be brought later than 4 years from the date of the threat to disseminate. Provides that an action brought depicting an individual who was a minor on the date of the dissemination or threat to disseminate, the 4-year limitation is tolled until the depicted individual attains the age of majority. Provides that if any provision of the Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. Senate Floor Amendment No. 1 Provides that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Senate Floor Amendment No. 2 Corrects a typographical error. Deletes language providing that the statutory damages a prevailing plaintiff may recover may not exceed $10,000. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Changes the definitions of: "dissemination" or "disseminate"; "private"; "person"; "sexual activity"; and "private sexual image". Requires the depicted individual in a sexual image to be identifiable by a reasonable person. Requires the person disseminating the private image to be over the age of 18. Deletes language providing that a depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in a sexual image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place. Deletes language providing that a person is not liable if the person proves that the dissemination of or threat to disseminate a sexual image was reasonably intended to assist the depicted individual. Provides that if a plaintiff is granted privacy protections, a defendant may file a motion with the court to receive the same privacy protections. Provides that statutory damages shall not exceed $10,000. Provides that an action for a nonconsensual dissemination may not be brought later than 2 years (instead of 4 years) from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence. Makes other changes. House Floor Amendment No. 2 Provides that a threat to disseminate may not be brought later than 2 years (rather than 4 years) from the date of the threat to disseminate.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. Senate Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 3475/15 Replaces everything after the enacting clause. Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the terms of the mutual cooperation between the Abraham Lincoln Presidential Library and Museum ("Agency") and the Abraham Lincoln Presidential Library and Museum Foundation ("Foundation") shall be set forth in a memorandum of understanding. Provides that the memorandum of understanding will include, at a minimum: (a) authorization for the Foundation to operate food service, catering service, and retail activities at the Abraham Lincoln Presidential Library and Museum with the net proceeds being made available to the Agency; (b) disclosure by the Foundation of specified financial information and tax returns to the Agency; and (c) creation of a working group composed of 3 members of the Agency Board and 3 members of the Foundation Board, together with the State Historian. Provides that the working group shall collaborate to advance the interests of the Abraham Lincoln Presidential Library and Museum and shall develop an official mission statement for the Library and Museum to align and guide the efforts of both the Agency and the Foundation. Provides that the State Historian shall serve as chair. Effective immediately.

Amends the Downstate Firefighter Article of the Illinois Pension Code. Requires a unit of local government of 5,000 or more inhabitants that employs a firefighter who is a full-time firefighter in a different downstate firefighter pension fund to make specified contributions to that downstate firefighter pension fund. Establishes reporting requirements. Authorizes the State comptroller to intercept State funds in the event the unit of local government does not make its required contribution to the primary employer's downstate pension fund. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Committee Amendment No. 1 Provides that the required contributions by secondary employers are for the purposes of compensating the primary employer's pension fund for additional liabilities and risks to which firefighters are exposed when performing work as firefighters for secondary employers. Provides that the provisions shall not be construed to allow a secondary employee to qualify for benefits or creditable service for employment as firefighters for secondary employers. House Floor Amendment No. 2 Adds reference to: 40 ILCS 5/4-110.2 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that the fire chief of a secondary employer shall report any injury, illness, or exposure incurred by a secondary employee during his or her employment to the primary employer's pension fund within 96 hours from the time of the occurrence. Provides that a municipality (instead of a unit of local government) that has established a pension fund under the Downstate Firefighter Article and who employs a full-time firefighter shall be deemed a primary employer with respect to that full-time firefighter. Provides that any municipality (instead of any unit of local government) of 5,000 or more inhabitants that employs or enrolls a firefighter (instead of employs a firefighter) and meets other criteria shall be deemed a secondary employer. Requires a secondary employer to annually prepare a report a report accounting for all hours worked by and wages and salaries (instead of wages and salaries) paid to secondary employee firefighters. Requires a certified copy of the report to be transmitted to the primary employer's pension fund (instead of the primary employer). Removes provisions requiring a secondary employer to make specified contributions to the primary employer's firefighters' pension fund. Makes conforming changes. Effective immediately.

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.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.