Rep. Jen Gong-Gershowitz

Creates the Student Online Personal Protection Act of 2019. Provides for legislative intent and definitions. Provides for operator prohibitions, operator duties, school authority prohibitions, school authority duties, State Board of Education duties, and parent rights. Creates the Student Data Protection Oversight Committee and provides for the Committee's membership and support. Requires the Committee to submit an annual report to the General Assembly and the State Board of Education with recommendations, if any, for policy revisions and legislative amendments that would carry out the intent of the Act. Amends the Illinois School Student Records Act. Adds a definition of record. Requires written consent of a student's parent to publish student directories that list student names, addresses, and other identifying information and similar publications. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Repeals the Student Online Personal Protection Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act 105 ILCS 10/2 105 ILCS 10/6 105 ILCS 85/Act rep. 815 ILCS 505/2Z Adds reference to: 105 ILCS 85/5 105 ILCS 85/10 105 ILCS 85/15 105 ILCS 85/26 new 105 ILCS 85/27 new 105 ILCS 85/28 new 105 ILCS 85/33 new Replaces everything after the enacting clause. Amends the Student Online Personal Protection Act. Defines "breach", "longitudinal data system", "parent", and "student". Adds to an operator's duties. Provides for school prohibitions and duties and the State Board of Education's duties. Provides for parent and student rights. Makes other changes. Effective July 1, 2021. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 85/30 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Changes the definition of "breach". Adds and makes changes to an operator's duties and a school's duties. Provides that at least once (rather than twice) annually, the State Board of Education must publish and maintain on its website a list of all of the entities or individuals that the State Board contracts with or has agreements with and that hold covered information and a copy of each contract or agreement. Provides that the Student Online Personal Protection Act does not prohibit an operator or school from producing and distributing, free or for consideration, student class photos and yearbooks to the school, students, parents, or individuals authorized by parents and to no others, in accordance with the terms of a written agreement between the operator and the school. Effective July 1, 2021. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Provides that certain information that is required to be posted on a school's website must be made available at a school's administrative office for inspection by the general public if the school does not maintain a website. Provides that a school may omit from its list of breaches of covered information any breach in which the date, estimated date, or estimated date range in which it occurred is earlier than July 1, 2021 or any breach previously posted on a list no more than 5 years prior to the school updating the current list. Provides that a notice of breach may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the school with a written request for a delay of notice. Allows the State Board of Education to share, transfer, disclose, or provide covered information to its employees or officials acting within their official capacity. Removes a provision stating that a student's covered information is the sole property of the student's parent. Makes changes to a parent's and student's rights. Makes other changes. Effective July 1, 2021.

Amends the Illinois Municipal Code and the Fire Protection District Act. Creates a hiring preference of up to 20 points for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meets the qualifications for original appointment as a firefighter. Requires the firefighter to have completed a minimum of 600 hours of specified fire suppression work in order to be considered for the preference. Provides that the Joint Apprenticeship Committee shall evaluate the merit of the applicant's performance and determine the preference points to be awarded. Modifies how preferences are computed after addition of the apprentice preference. Effective immediately. House Committee Amendment No. 1 In the provisions amending the Civil Services in Cities Division of the Illinois Municipal Code, makes the granting of a hiring preference permissive rather than mandatory for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meets the qualifications for original appointment as a firefighter. Makes grammatical changes. Senate Committee Amendment No. 1 In the provisions amending the Board of Fire and Police Commissioners Division of the Illinois Municipal Code and the Fire Protection District Act, makes the granting of a hiring preference permissive rather than mandatory for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meet the qualifications for original appointment as a firefighter.

Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.

Creates the Re-Entering Citizens Civics Education Act. Provides that the Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of the State to teach civics to soon-to-be released citizens who will be re-entering society. Provides for the curriculum and eligibility for the program. Provides that the program shall be taught by peer educators who are citizens incarcerated in the Department of Corrections and the Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Provides that the nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators. Provides that the Department of Corrections shall adopt rules to carry out the Act within 6 months after the effective date of the Act. Provides that the funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. Contains provisions regarding funding for the program. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the civic education program must be offered by the Department of Corrections and the Department of Juvenile Justice to prisoners scheduled to be discharged within 12 months (rather than 6 months). Provides that established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. Provides that the Department of Corrections and the Department of Juvenile Justice should aim to include the peer reeducation workshop in conjunction with other pre-release procedures and movements. Adds references to "or superintendents" wherever "wardens" appear in the engrossed bill.

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 Illinois Public Aid Code. Provides that for purposes of determining eligibility and the amount of assistance under the Code, the Department of Human Services and local governmental units shall exclude from consideration, for a period of no more than 60 months, any financial assistance, including wages, cash transfers, or gifts, that is provided to a person who is enrolled in a program or research project that is not funded with general revenue funds and that is intended to investigate the impacts of policies or programs designed to reduce poverty, promote social mobility, or increase financial stability for Illinois residents if there is an explicit plan to collect data and evaluate the program or initiative that is developed prior to participants in the study being enrolled in the program and if a research team has been identified to oversee the evaluation. Requires the Department to seek all necessary federal approvals or waivers to implement the provisions of the amendatory Act. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the amendatory Act and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense of the consequences of the defendant's plea, if an alien, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.

Creates the Asian American Family Commission Act. Creates the Asian American Family Commission. Provides for the appointment of members to the Commission and terms of membership. Provides that members shall serve without compensation, but shall be reimbursed for Commission-related expenses. Provides for the appointment of liaisons from specified State agencies to serve as ex officio members of the Commission. Provides that the Office of the Governor, in cooperation with the State agencies appointing liaisons to the Commission, shall provide administrative support to the Commission. Provides for funding to the Commission. Requires the Commission to annually report to the Governor and the General Assembly.

Amends the Code of Civil Procedure. Provides that, except in personal injury actions, every count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court. Provides that in a personal injury action, a party may not claim an amount of money unless necessary to comply with the circuit court rules about where a case is assigned. Provides that any complaint filed that contains an amount claimed shall be dismissed without prejudice. Provides that a party may request remedies from the court in the alternative. Provides that, except in the case of default, the remedies requested from the court do not limit the remedies available. Provides that in case of default, if a remedy is sought in the pleading that is beyond what the defaulted party requested, notice shall be given to the default party. Provides that the defendant is not prohibited from requesting from the plaintiff the amount of damages sought. Repeals a provision regarding prayer for relief.

Amends the Illinois Insurance Code, the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require coverage for hearing instruments and related services for all individuals 65 years of age and older when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for hearing instruments subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 24 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer. House Committee Amendment No. 2 Deletes reference to: 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that an insurer shall offer, for an additional premium and subject to the insurer's standard of insurability, optional coverage or optional reimbursement for hearing instruments and related services for all individuals (rather than the requiring the insurer to provide coverage for hearing instruments and related services for all individuals 65 years of age or older) when a hearing care professional prescribes a hearing instrument to augment communication. Provides a maximum of $2,500 (rather $1,500) for the hearing instrument and related services every 24 months. Provides that nothing in the provisions precludes an insured from selecting a more expensive hearing instrument as his or her own expense. Removes language providing that an insurer shall not be required to pay a claim filed by its insured for the payment of the cost of a hearing instrument if less than 24 months before the date of the claim its insured filed a claim for payment of the cost of the hearing instrument and the claim was paid by the insurer. Removes provisions amending the Illinois Public Aid Code. House Floor Amendment No. 3 In provisions amending the Illinois Insurance Code, provides that nothing in the provisions precludes an insured from selecting a hearing instrument that costs more than the amount covered by a plan of accident and health insurance or a managed care plan and paying the uncovered cost at his or her own expense (rather than a more expensive hearing instrument at his or her own expense). Senate Floor Amendment No. 1 In provisions amending the Illinois Insurance Code, provides that a "hearing care professional" may also mean a licensed hearing instrument dispenser. Provides that the provisions shall not be construed to require a group policy to provide coverage if the group is unable to meet mandatory minimum participation requirements set by the insurer.