Rep. Jen Gong-Gershowitz

Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1B-22 Adds reference to: 105 ILCS 5/10-21.3a 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6a from Ch. 122, par. 10-22.6a 105 ILCS 5/13A-11 105 ILCS 5/22-60 105 ILCS 5/26-2a from Ch. 122, par. 26-2a 105 ILCS 5/Art. 26A heading new 105 ILCS 5/26A-1 new 105 ILCS 5/26A-5 new 105 ILCS 5/26A-10 new 105 ILCS 5/26A-15 new 105 ILCS 5/26A-20 new 105 ILCS 5/26A-25 new 105 ILCS 5/26A-30 new 105 ILCS 5/26A-35 new 105 ILCS 5/26A-40 new 105 ILCS 5/26A-45 new 105 ILCS 5/26A-50 new 105 ILCS 5/26A-55 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.24 105 ILCS 10/5 from Ch. 122, par. 50-5 30 ILCS 805/8.43 new Replaces everything after the enacting clause. Amends the School Code. Creates the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article. Defines terms. Requires the State Board of Education to create the Ensuring Success in School working group to advise the State Board on the implementation, monitoring, and evaluation of the Article by schools and school districts, including the development of policies, procedures, and protocols to be implemented by schools and school districts; provides for the working group's membership. Every 2 years, requires each school district to review all existing policies and procedures and revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of gender-based violence or any policies or procedures that may compromise a criminal investigation relating to gender-based violence or may re-victimize the youth. On or before July 1, 2020, requires each school district to adopt one procedure to resolve complaints of alleged incidents of student-perpetrated, gender-based violence; specifies procedure requirements. Requires each school district to adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of gender-based violence provided to or otherwise obtained by the school district or its employees or agents shall be retained in the strictest confidence by the school district or its employees or agents. Requires each school district to designate or appoint at least one staff person at each school in the district who is employed at least part-time at the school and who is a school social worker, school psychologist, school counselor, school nurse, school teacher, or school administrator trained to address, in a culturally responsive, confidential, and sensitive manner, the needs of youth who are parents, expectant parents, or victims of gender-based violence; specifies the staff person's duties. Provides that a student who is a victim of gender-based violence must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. Makes other changes. Amends the Illinois School Student Records Act to provide that all information concerning a student's status and related experiences as a parent, expectant parent, or victim of gender-based violence must be retained by the school in the strictest confidence. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.

Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.

Creates the Community Emergency Services and Support Act. Provides that every unit of local government that provides emergency medical services for individuals with physical health needs must also provide appropriate emergency response services to individuals experiencing a mental or behavioral health emergency. Amends the Emergency Telephone System Act to make conforming changes.

Creates the Employee Background Fairness Act. Provides that an employer may not refuse to hire an individual and may not discharge an individual because of the individual's criminal history unless the individual has one or more convictions and there is a direct relationship between one of more of an individual's convictions and the specific employment sought. Prohibits retaliation for exercising rights under the Act. Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and reasonable attorney's fees as allowed by the court; and (3) any other appropriate relief, including punitive damages. Defines terms. Effective immediately.

Creates the Housing is Recovery Pilot Program Act. Creates the Housing is Recovery Pilot Program within the Division of Mental Health of the Department of Human Services. Provides that the Program shall provide bridge rental subsidies for individuals at high risk of unnecessary institutionalization and individuals at high risk of overdose for purposes of stabilizing their mental illness or substance abuse disorder. Provides criteria for the award, computation, and payment of bridge rental subsidies. Sets forth the responsibilities of persons receiving from bridge rental subsidies. Provides for the identification and referral to the Program of persons eligible to receive bridge rental subsidies prior to their discharge from a hospital or release from a correctional facility. Provides standards for housing service providers, long-term housing, and temporary rental units. Provides that the Department will contract with an independent outside research organization to evaluate the Program's effectiveness, and shall report the results of the evaluation to the General Assembly after 5 years. Provides rulemaking authority. Defines terms. Effective immediately.

Creates the Clean Energy Jobs Act. Contains only a short title provision. House Committee Amendment No. 1 Adds reference to: 20 ILCS 627/30 new 20 ILCS 627/35 new 20 ILCS 627/40 new 20 ILCS 3855/1-5 20 ILCS 3855/1-20 20 ILCS 3855/1-56 20 ILCS 3855/1-75 105 ILCS 5/2-3.176 new 220 ILCS 5/8-103B 220 ILCS 5/8-104.1 new 220 ILCS 5/9-220.3 220 ILCS 5/16-107 220 ILCS 5/16-107.5 220 ILCS 5/16-107.6 220 ILCS 5/16-107.7 new 220 ILCS 5/16-107.8 new 220 ILCS 5/16-108.9 new 220 ILCS 5/16-108.13 new 220 ILCS 5/16-108.17 new 220 ILCS 5/16-111.5 220 ILCS 5/16-115E new 220 ILCS 5/16-128B 415 ILCS 5/4.2 new 415 ILCS 5/9.10 415 ILCS 5/13.9 new 415 ILCS 5/9.15 rep. 415 ILCS 140/Act rep. Replaces everything after the enacting clause. Creates the Clean Jobs Workforce Hubs Act, the Expanding Clean Energy Entrepreneurship Act, the Community Energy and Climate Planning Act, and the Clean Energy Empowerment Zones Act to reduce emissions, promote renewable energy sources, improve energy efficiency, and reduce carbon pollution related to transportation. Requires the Department of Commerce and Economic Opportunity to administer a program to increase employment opportunities related to clean energy projects. Provides for the creation of a clean jobs curriculum to increase workforce skills. Provides for the promotion of opportunities for small and disadvantaged businesses in clean energy development. Establishes a framework to achieve 100% reliance on renewable energy. Amends the Electric Vehicle Act, the Illinois Power Agency Act, the School Code, the Public Utilities Act, and the Environmental Protection Act to make changes to implement the new programs. Repeals the Kyoto Protocol Act of 1998. Makes other changes. Effective immediately.

Creates the Carryout Bag Fee Act. Provides that a carryout bag fee of $0.10 is imposed on each carryout bag used by a customer at retail establishments, except in municipalities with a population greater than 1,000,000, with $0.03 being returned to the retail establishment, $0.04 into the Carryout Bag Fee Fund, $0.01 to the Prairie Research Institute of the University of Illinois, $0.01 into the Solid Waste Management Fund, and $0.01 into the Partners for Conservation Fund. Provides that the carryout bag fee does not apply to the retail sale or use of carryout bags that are used to carry items purchased under specified governmental food assistance programs. Repeals the new Act on January 1, 2026. Amends the State Finance Act making conforming changes. Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of carryout bags. Limits the applicability of the provisions as they relate to a county or municipality that charged a fee or tax on carryout bags on February 1, 2018 and specified recycling programs. Limits home rule powers.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that doula services shall be covered under the medical assistance program. Sets forth certain certification and training requirements a doula must satisfy to qualify for reimbursement under the medical assistance program.

Amends the Consumer Installment Loan Act. Defines "title-secured loan". Provides that for title-secured loans entered into or renewed on or after the effective date of the Act: (i) a licensee shall not contract for or receive a charge exceeding 36% annual percentage rate on the unpaid balance of the amount financed for a title-secured loan; (ii) the loan contract shall provide for repayment of the principal and charges within specified maximum loan terms; (iii) upon or after default, a licensee shall not charge a borrower any finance charges, interest, fees, or charges of any kind; and (iv) the loan may be refinanced if the original principal of the loan has been reduced by at least 60%. Provides that nothing in these provisions abrogates a borrower's right to collect any surplus arising from the sale of a motor vehicle under the Uniform Commercial Code.

Amends the Illinois Wage Payment and Collection Act. Provides that, for contracts entered into on or after July 1, 2019, a direct contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work shall assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the contract between the direct contractor and the owner. Provides for enforcement by the Department of Labor. Provides authorization for third parties owed fringe or other benefits or a joint labor-management cooperation committee to bring a civil action to enforce liability against a direct contractor. Provides exemptions for work done by an employee of the State or any political subdivision of the State. Provides requirements and guidelines for notice, awards, filing, and records retention. Provides that the new provisions are severable, and that the obligations and remedies provided are in addition to any obligations and remedies otherwise provided by law. Provides that nothing the Section shall alter specified obligations and penalties set forth in the State Prompt Payment Act. Effective immediately.