Rep. Lisa Hernandez

Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Renames the Act the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act. Defines "human trafficking". Makes the Act's requirements applicable to victims of human trafficking. House Committee Amendment No. 1 Adds reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/30 750 ILCS 61/35 Replaces everything after the enacting clause. Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period. Effective immediately.

Amends the Technology Development Act. Provides for additional specified information to be reported by a TDA II-Recipient Fund to the State Treasurer on a quarterly or annual basis for all investments. Provides for the allocation of the aggregate dollar amount available for new investments. Requires the State Treasurer to disclose on the website of the State Treasurer specified aggregate financial performance information for TDA II-Recipient Funds. Provides that the Technology Development Fund is a nonappropriated trust fund within the State treasury (rather than a special fund outside of the State treasury with the State Treasurer as custodian). Requires the State Treasurer to publish on his or her official website specified information regarding the Technology Development Fund for the previous fiscal year. Defines terms. Makes conforming changes.

Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.

Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a "designated representative" means a person or entity (currently, person only) who is authorized to act on behalf of a "designated beneficiary". Provides that a designated representative must provide certification, subject to penalties of perjury, of the basis for the person's authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Defines "Internal Revenue Code". Effective immediately. Senate Committee Amendment No. 1 Provides that a person or entity (rather than a designated representative) seeking to open an ABLE account on behalf of a designated beneficiary must provide certification of the basis for the person's or entity's authority to act as a designated representative. Provides that the State Treasurer may require any certifications that he or she deems necessary to implement the ABLE program, including oaths or affirmations made under penalties of perjury.

Amends the Senior Citizens Real Estate Tax Deferral Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 320 ILCS 30/1 Adds reference to: 20 ILCS 105/4.04b new Replaces everything after the enacting clause. Amends the Illinois Act on the Aging. Provides that the purpose of the Senior Housing Residents' Advisory Council established under the amendatory Act is to create a space and opportunity for senior Illinoisans to connect with each other and meet with representatives from the Department on Aging and the Department of Public Health in order to share their ideas on how the State can improve the quality of life for its senior residents. Provides that the Council will also give senior Illinoisans the opportunity to share their findings and recommendations on targeted services and supports for seniors with the Governor and the General Assembly. Provides that the Council is created in the Department on Aging and shall consist of 20 members, including seniors who reside in affordable housing developments and assisted living facilities and seniors who come from each region of the State. Provides that the Council shall meet quarterly beginning no later than January 1, 2023 and shall thereafter meet on the date of each quarterly meeting with personnel from the Department of Public Health and the Department on Aging. Requires all meetings to be open to the public in accordance with the Open Meetings Act. Permits the Council to form subcommittees that can meet more frequently than once per quarter. Provides that members of the Council shall receive no compensation for their service but shall be reimbursed for any necessary expenses incurred in the performance of their duties from appropriations made by the General Assembly for that purpose. Provides that the Council has the following duties: (i) identify barriers to seniors feeling supported by and connected to their communities; (ii) evaluate available resources and services for seniors; (iii) evaluate State outreach to seniors; and (iv) evaluate the impact of COVID-19 on congregate living arrangements for seniors. Requires the Council to submit its first written report to the Governor and the General Assembly no later than December 31 in 2023, 2024, and 2025. Provides that the reports shall contain the results of the Council's findings and evaluations and shall include advice and recommendations on (1) how best to disseminate information to seniors on available supports and services through the use of State agency websites, informational materials, and outreach; (2) how to ensure of the availability of targeted services for seniors and to eliminate any gaps in services for seniors; and (3) how to improve State policy concerning seniors and congregate living arrangements for seniors in response to COVID-19. Provides that the Council shall terminate and dissolve after it submits its third report on December 31, 2025. Repeals the new provisions on January 1, 2027. Effective immediately. House Floor Amendment No. 1 Expands membership on the Senior Housing Residents' Advisory Council to include one senior, appointed by the Department on Aging, who lives in one of the following counties: DuPage, Kane, Lake, McHenry, or Will.

Creates the Student Debt Assistance Act. Prohibits an institution of higher learning or a public or private entity that provides academic transcripts from (i) withholding academic transcripts from a current or former student because the student owes a debt to the institution, (ii) conditioning the provision of an academic transcript on the payment of a debt, other than a fee charged to provide the transcript, (iii) charging a higher fee to obtain an academic transcript or providing less favorable treatment of a request for an academic transcript because a current or former student owes a debt, or (iv) using academic transcript issuance as a tool for debt collection. Beginning with the 2022-2023 academic year, requires an institution of higher learning to make a good faith effort to offer a debt repayment plan to any student who owes a debt of $250 or more to the institution. Sets forth provisions concerning the debt repayment plan and enrollment procedures. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Student Debt Assistance Act. Prohibits an institution of higher education from refusing to provide an unofficial transcript to a current or former student on the grounds that the student owes a debt; conditioning the provision of an unofficial transcript on the payment of a debt, other than a fee charged to provide the transcript; or charging a higher fee for obtaining an unofficial transcript or providing less favorable treatment of a request for an unofficial transcript because a current or former student owes a debt. Provides that an institution of higher education (1) must provide an official transcript of a current or former student to a current or potential employer, even if the current or former student owes a debt; (2) may not condition the provision of an official transcript to a current or potential employer on the payment of a debt, other than a fee charged to provide the transcript; and (3) may not charge a higher fee for transferring an official transcript to a current or potential employer or provide less favorable treatment for such a request because a current or former student owes a debt. Beginning with the 2022-2023 school year, requires every institution of higher education to have a policy instituting a financial or physical hardship withdrawal process; sets forth requirements concerning the process. Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies or used against that student in a credit report or credit score. Effective immediately. House Floor Amendment No. 2 Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies, except as provided by federal law (instead of may not be reported to any credit reporting agencies or used against that student in a credit report or credit score).

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution for a criminal offense defined in the Sex Offense Article of the Criminal Code of 1961 or the Criminal Code of 2012 or for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse when the alleged victim of the offense was under 18 years of age at the time of the offense, the court may exclude from the proceedings while the victim is testifying, regardless of the alleged victim's age at the time of the victim's courtroom testimony, all persons, who, in the opinion of the court, do not have a direct interest in the case, except the media. Effective immediately. Senate Committee Amendment No. 1 Provides that for the purposes of excluding disinterested parties, the court shall enter its finding that parties are disinterested and the basis for that finding into the record. House Floor Amendment No. 3 Provides that when the court publishes to the trier of fact videos, photographs, or any depiction of a minor under 18 years of age engaged in a sex act, the court may exclude from the proceedings all persons, who in the opinion of the court, do not have a direct interest in the case, except the media.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.

Amends the Illinois Act on the Aging. Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program. Requires dementia training of at least 2 hours to be completed at the start of employment with the Department or contractor. Provides that persons who are employees of the Department or a contractor on the effective date of the amendatory Act shall complete this training within 6 months after the effective date of the amendatory Act. Requires the training to cover the following subjects: Alzheimer's disease and dementia, safety risks, and communication and behavior. Requires annual continuing education training to include at least 2 hours of dementia training covering those subjects. Provides that if laws or rules existing on the effective date of the amendatory Act contain more rigorous training requirements for employees or contractors providing direct services to Community Care Program enrollees, those laws or rules shall apply. Provides that where there is overlap between the provisions of the amendatory Act and other laws and rules, the Department shall interpret the provisions of the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or by an agency that is contracted with the Department, to provide direct services to individuals participating in the Community Care Program (rather than the amendatory Act applies to any person who is employed by the Department, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program). Provides that the amendatory Act is designed to improve the quality of training for Community Care Program direct service workers (rather than to address gaps in current dementia training requirements for Community Care Program direct service workers and improve the quality of training). Provides that an individual who is required to receive dementia training under other laws and rules may be considered exempt, as long as the requirement includes a minimum 2 hours of dementia training. Provides that an individual shall be required to show proof he or she received the training required under the amendatory Act. Removes language providing that where there is overlap between the amendatory Act and other laws and rules, the Department shall interpret the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met.

Amends the Personnel Code. Provides that a bilingual pay supplement shall go into effect within 30 calendar days after an employee presents to the Director or the Director's designee a certification from either: (i) the designated testing program process selected by the Director; or (ii) an Illinois community college confirming that language skill proficiency in reading, writing, and speaking has been satisfied by the employee. Provides for the acceptance of certifications of linguistic competence from pre-approved third parties for needs that require a certain linguistic ability. Provides further requirements concerning the testing and certification of linguistic ability for job positions. House Floor Amendment No. 1 Provides that a bilingual pay supplement shall be processed (rather than go into effect) within 30 calendar days after an employee presents to the Director of Central Management Services, or his or her designee, specified certification. Provides that no later than January 2024 (rather than January 2023), the Department of Central Management Services shall authorize at least one if not more community colleges in specified regions of the State to pre-test and certify linguistic ability for specified purposes.