Rep. Lisa Hernandez

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 Adult Protective Services Act. Provides that when conducting any investigation concerning a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult, the Department on Aging shall contact as many of the eligible adult's family members, neighbors, and friends as reasonably possible under the circumstances. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. In a provision concerning face-to-face assessments conducted by a provider agency designated to receive reports of alleged or suspected abuse, neglect, financial exploitation, or self-neglect under the Act, provides that the assessments shall (rather than may) include interviews or consultations regarding the allegations with service agencies, immediate family members, and individuals (rather than with service agencies or individuals) who may have knowledge of the eligible adult's circumstances based on the consent of the eligible adult in all instances, except where the provider agency is acting in the best interest of an eligible adult who is unable to seek assistance for himself or herself and where there are allegations against a caregiver who has assumed responsibilities in exchange for compensation.

Creates the Illinois Sustainable Investing Act. Provides that any public agency or governmental unit shall develop, publish, and implement sustainable investment policies applicable to the management of all public funds under its control. Provides that the sustainable investment policy may be incorporated in existing investment policies developed, published, and implemented by a public agency or governmental unit. Provides that the sustainable investment policy shall include material, relevant, and decision-useful sustainability factors to be applied by the public agency or governmental unit in evaluating investment decisions. Provides that a public agency shall prudently integrate sustainability factors into its investment decision-making, investment analysis, portfolio construction, due diligence, and investment ownership in order to maximize anticipated financial returns, minimize projected risk, and more effectively execute its fiduciary duty. Specifies sustainability factors, and the ways in which such factors may be analyzed. Amends the Deposit of State Moneys Act, the Public Funds Investment Act, and the Illinois Pension Code to make changes concerning investment policy and the Illinois Sustainable Investing Act. Provides findings and purpose provisions. Defines terms. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note (Office of the Treasurer) HB 2460 will have no fiscal impact on the State Treasurer's Office as the Treasurer's office already has a published investment policy that includes material, relevant and decision-useful sustainability factors in accordance with this legislation. HB 2460 is likely to have a positive economic impact to the State of Illinois because evaluating sustainability factors in investment decision-making minimizes risks and maximizes returns on the state's investments. House Floor Amendment No. 1 Provides that the sustainable investment policy developed under the Illinois Sustainable Investing Act shall include material, relevant, and decision-useful sustainability factors to be considered (currently, applied) by the public agency or governmental unit as one component of its overall evaluation of investment decisions. Provides that nothing in the Act prohibits a public agency or governmental unit from integrating additional factors into its investment decision-making, investment analysis, portfolio construction, due diligence, and investment ownership of public funds. Provides that the Act shall not apply to bank time deposits or bank processing services. Makes conforming changes. House Floor Amendment No. 2 Provides that sustainability factors include, among other factors, human capital factors that recognize that the workforce is an important asset to delivering long-term value, including factors such as labor practices, responsible contractor and responsible bidder policies, employee health and safety, employee engagement, diversity and inclusion, and incentives and compensation (currently, responsible contractor and responsible bidder policies are not included as human capital factors). Senate Committee Amendment No. 1 Provides that any public agency or governmental unit should (currently, shall) develop, publish, and implement sustainable investment policies applicable to the management of all public funds under its control. Provides that the sustainable investment policy should (currently, shall) include material, relevant, and decision-useful sustainability factors to be considered by the public agency or governmental unit as one component of its overall evaluation of investment decisions, which may (currently, shall) include specified items. Makes other changes concerning specified investment policies. Defines "financial institution". Makes conforming changes.

Amends the School Visitation Rights Act. Prohibits an employer from terminating an employee because of an absence from work due to employee's attendance at a school conference or activity. Effective immediately. House Committee Amendment No. 2 Provides that an employer may not terminate an employee for an absence from work if the absence is due to the employee's attendance at a school conference, behavioral meeting, or academic meeting (rather than a school conference or activity). Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 147/15 Replaces everything after the enacting clause. Amends the School Visitation Rights Act. Provides that employees may use school visitation privileges for purposes of academic and behavioral meetings in addition to school conferences. Provides that an employee may not be terminated for the use of school visitation privileges. Effect August 1, 2020.

Amends the Illinois Public Aid Code. Makes technical changes to specify in provisions concerning provisional eligibility for long-term care services that: (i) the Department of Healthcare and Family Services must maintain the applicant's provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant's appeal has been adjudicated and eligibility is denied; (ii) the Department of Healthcare and Family Services or the managed care organization, if applicable, must reimburse providers for services rendered during an applicant's provisional eligibility period; (iii) the Department of Healthcare and Family Services must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant; and (iv) the Department of Healthcare and Family Services must adopt rules. House Floor Amendment No. 1 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately. House Floor Amendment No. 2 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health, contingent upon approval by the Centers for Medicare and Medicaid Services, shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately.

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.

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 State Comptroller Act. Creates the Illinois Bank On Initiative to increase the use of Certified Financial Products and reduce reliance on alternative financial products. Provides that the Illinois Bank On Initiative shall be administered by the Comptroller, and the Comptroller shall be responsible for specified ongoing activities of the Initiative. Creates the Illinois Bank On Initiative Commission and provides for membership of the Commission. Provides for requirements and duties of the Commission. Requires the Comptroller and the Commission to annually prepare and make available on the Controller's website a report concerning the progress of the Illinois Bank On Initiative. Provides that the Comptroller may adopt rules necessary to implement provisions concerning the Illinois Bank On Initiative and Commission. Defines terms. Effective immediately. Senate Floor Amendment No. 2 Modifies the membership requirements of the Illinois Bank On Initiative Commission. Modifies the definition of "Certified Financial Product" and defines "financial institution".