Rep. Lisa Hernandez

Creates the Preventing Youth Vaping Act. Provides that it is unlawful for a person to sell or distribute specified electronic cigarettes and electronic cigarette packaging. Contains advertising and manufacturing requirements. Provides civil and criminal penalties. Provides that the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police shall have equal and joint authority to administer and enforce the Act, may adopt rules, and may inspect any business that manufactures, transports, or distributes electronic cigarettes to ensure compliance with the Act. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Removes language providing that an "electronic cigarette" does not include a tobacco product and that a "tobacco product" does not include an electronic cigarette. Provides prohibitions regarding the sale of electronic cigarettes and allows specified peace officers to seize any tobacco products or electronic cigarettes involved in a specified violation. Makes other changes. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Changes the Act's title to the Prevention of Cigarette and Electronic Cigarette Sales to Persons under 21 Years of Age Act. Defines "electronic cigarette" and refers to electronic cigarettes in conjunction with cigarettes. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 678/9 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions of the Preventing Youth Vaping Act regarding prohibitions, removes language providing that it is unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer. Provides that "electronic cigarette" does not include any device that meets the definition of cannabis paraphernalia under the Cannabis Regulation and Tax Act. Provides that electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be in violation of specified provisions. Removes language requiring manufacturers to annually submit specified reports and lists of ingredients to the Attorney General. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, provides that no person shall honor or accept any discount, coupon, or other benefit or reduction in price that is inconsistent with specified provisions, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under the specified federal provisions (instead of specified prohibitions). Makes other changes. In provisions amending the Prevention of Cigarette Sales to Persons under 21 Years of Age Act, removes changes to provisions concerning statements for delivery sales. Makes other changes. Effective immediately. House Floor Amendment No. 3 In provisions creating the Preventing Youth Vaping Act, provides that the Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of the provisions of the Act (rather than providing that the Department of Agriculture, the Department of Revenue, the Department of Public Health, and the Illinois State Police shall have equal and joint authority to administer and enforce the Act and may adopt rules for the purpose of administering and enforcing the Act). Provides that the Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department (rather than the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police) may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with the Act. Requires any violation of the Act to be reported to the Department of Revenue within 7 business days. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, removes language providing that no person under 21 years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. Provides that any peace officer or duly authorized member of the Illinois State Police, a county sheriff's department, a municipal police department, the Department of Revenue, the Department of Public Health, a local health department, or the Department of Human Services (rather than any peace officer or duly authorized member of the Department of Revenue or the Department of Public Health) may seize specified products. Provides that after the Department of Revenue has seized any tobacco product, nicotine product, or electronic cigarette under the amendatory provisions and a person having any property interest in the seized property has not been charged with an offense under specified provisions, the Department of Revenue must hold a hearing and determine specified information. Removes language providing an immediate effective date. Makes other changes.

Amends the Substance Use Disorder Act. Permits the Department of Human Services to conduct compliance checks of tobacco and vape retailers to investigate whether such retailers are selling tobacco products, electronic nicotine products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that the Department may expand the use of existing tobacco compliance check programs to include vape shops. Provides that compliance checks may be conducted by underage individuals under the supervision of local law enforcement. Provides that underage individuals who purchase tobacco products, electronic nicotine devices, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Senate Floor Amendment No. 1 Provides that compliance checks may be conducted by underage individuals under the supervision of the Illinois State Police. Requires the Illinois State Police to communicate with local police departments and sheriff departments to ensure coordination and collaboration and to ensure its efforts do not duplicate any local compliance check activities. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Substance Use Disorder Act. Permits the Department of Human Services to conduct compliance checks of retailers as defined in the Tobacco Products Tax Act of 1995 to investigate whether such retailers are selling tobacco products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that compliance checks may be conducted by underage individuals under the supervision of local law enforcement and the Illinois State Police. Provides that underage individuals who purchase tobacco products, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of any local or State laws pertaining to underage tobacco purchase or possession.

Amends the Ambulatory Surgical Treatment Center Act. Makes a technical change in the Section concerning the short title. Senate Floor Amendment No. 1 Adds reference to: 815 ILCS 505/2WWW new New Act Replaces everything after the enacting clause. Creates the Educational Planning Services Consumer Protection Act to protect consumers who enter into agreements with educational planning service providers and to regulate educational planning service providers. Provides that it shall be unlawful for any person or entity to act as an educational planning service provider except as authorized by the Act. Prohibits an educational planning service provider from providing educational planning services to a consumer for a fee without a written contract signed and dated by both the consumer and the educational planning service provider; sets forth contract requirements. Prohibits an educational planning service provider from charging or receiving from a consumer any enrollment fee, set up fee, up-front fee of any kind, or maintenance fee, and provides that a consumer shall pay only for the educational planning services provided. Sets forth other requirements and prohibitions. Contains provisions concerning required disclosures, the cancellation of a contract and refunds, noncompliance, civil remedies and an injunction, notice, and rules. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that any person who violates the Educational Planning Services Consumer Protection Act commits an unlawful practice.

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Criminal Code of 2012. Provides that a person commits burglary when without authority he or she knowingly enters or without authority remains within a freight container with intent to commit therein a felony or theft. Provides that burglary committed in, and without causing damage to a freight container or any part thereof is a Class 3 felony. Provides that a burglary committed while causing damage to a freight container or any part thereof is a Class 2 felony.

Creates the Birth Center Licensing Act. Provides that, except as provided by the Act, no person shall open, manage, conduct, offer, maintain, or advertise as a birth center without a valid license issued by the Department of Public Health. Requires all birth centers in existence as of the effective date of the Act to obtain a valid license to operate within 2 years after the adoption of rules by the Department to implement the Act. Provides that an applicant for a license under the Act shall submit an application on forms prescribed by the Department, which shall be accompanied by a nonrefundable license fee, as established by rule by the Department. Provides that licenses under the Act are renewable every 3 years upon submission of specified materials. Requires birth centers, to the extent possible, to link and integrate services with nearby health care facilities. Contains provisions concerning staffing requirements; minimum standards to protect the health and safety of a patient of a birth center; and requirements for reimbursement, reporting, training, and inspections. Requires the Department to adopt specified rules. Contains other provisions. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Makes changes concerning definitions. Refers to certified nurse midwives (rather than midwives). Provides that licenses under the Act are renewable every year (rather than every 3 years) upon submission of specified materials. Provides that birth centers shall obtain certificates of need from the Health Facilities and Services Review Board under the Illinois Health Facilities Planning Act before receiving a license by the Department of Public Health. Provides that if, after obtaining an initial certificate of need, a birth center seeks to increase the bed capacity of the birth center, the birth center must obtain a certificate of need from the Health Facilities and Services Review Board before increasing the bed capacity. Provides that a birth center in a medically underserved area shall receive priority in obtaining a certificate of need. Provides that a birth center shall link and integrate its services with at least one birthing hospital with a minimum of a Level 1 perinatal designation (rather than with nearby health care facilities). Provides that a birth center shall have an established agreement with a nearby receiving birthing center (rather than a written plan for transfer of patients). Provides that a birth center is encouraged to participate in quality improvement projects implemented by the Department of Public Health's Administrative Perinatal Centers and other Department-supported perinatal quality improvement projects. Requires clinicians, or their clinical representative, and attending persons in labor at a birth center to attend morbidity and mortality reviews that occur at the receiving birthing hospital on their patients. Requires the Department to require each birth center to report specified information every year (rather than every 3 years). Removes language requiring the Department to deem an accreditation body applicable to birth centers as a substitute for its own periodic inspection. Makes other changes.

Amends the Sick Leave Bank Act. Provides that the term "Agency" does not include the State Board of Education. Amends the School Code to make changes in provisions concerning the State Board's strategic plan, a State mandate report, the School Technology Program, a reading advisory group, school district and school report cards, the suspension or expulsion of pupils, licensure requirements for educators trained in other states or countries, chronic absenteeism in preschool children, physical fitness assessments, State reimbursement for transportation, and the Chicago Educational Facilities Task Force. Repeals a provision concerning the State Board's annual report to the Governor and General Assembly on the condition of the schools. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/2-3.117 Removes provisions concerning the School Technology Program.

Amends the Student Online Personal Protection Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 85/1 Adds reference to: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1a new 105 ILCS 5/27-9.1b new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 110/3 105 ILCS 5/27-9.1 rep. 105 ILCS 5/27-9.2 rep. 105 ILCS 5/27-11 rep. Replaces everything after the enacting clause. Amends the School Code. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, beginning no later than July 1, 2023, requires a school district, including a charter school, to provide comprehensive personal health and safety education in kindergarten through the 5th grade and comprehensive sexual health education in the 6th through 12th grades in all public schools. Sets forth the criteria that all classes that teach comprehensive personal health and safety and comprehensive sexual health education must satisfy. Contains, among other provisions, provisions concerning guest lecturers or resource persons, participation, the review of instructional materials, learning standards, resource materials, and reporting. Requires a school district, including a charter school, to provide age and developmentally appropriate consent education in the 3rd through 12th grades; sets forth what the instruction and materials must include. Makes changes in the Chicago School District Article concerning AIDS training. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the program established under the Act. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. Makes changes to the definitions of "complete", "comprehensive personal health and safety education", and "comprehensive sexual health education" and the learning standards. Provides that the annual report to the General Assembly must be submitted for a period of 2 (rather than 5) years. Requires age and developmentally appropriate consent education to be provided in kindergarten (rather than the 3rd grade) through the 12th grade. Corrects a grammatical error. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 105 ILCS 110/3 Removes provisions concerning the comprehensive health education program. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 818 as il is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Pension Note (Government Forecasting & Accountability) SB 0818, as engrossed, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 0818, as Engrossed, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Fiscal Note (Dept. of Human Services) No fiscal impact to IDHS related to the changes proposed in SB 818. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Correctional Note (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note (Dept. of Public Health) SB 818 would not pose any fiscal cost aside from standard staff time helping ISBE develop standards, where the cost would be negligible. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 818; therefore, there are no appraisals to be filed. Fiscal Note (State Board of Education) SB 818 will have a fiscal impact of $2,175,588.61 over 3 fiscal years.

Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Illinois Domestic Violence Fatality Review Commission, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms of members; vacancies; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms of members; vacancies; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may grant a person committed to the Department of Corrections early release for medical incapacity or terminal illness. Establishes the procedures for applying for that release and the considerations the Prisoner Review Board must make in determining whether to grant the release. Provides that a committed person granted medical release shall be released on mandatory supervised release for a period of 5 years subject to the Code provisions concerning mandatory supervised release, which shall operate to discharge any remaining term of years imposed upon him or her; however, the person shall not serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period. Provides that a grant of medical release shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board. House Floor Amendment No. 1 Adds reference to: 725 ILCS 120/5 from Ch. 38, par. 1405 730 ILCS 105/5 from Ch. 38, par. 1655 Provides that this Act may be referred to as The Joe Coleman Medical Release Act. Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following changes: Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to submit a victim statement to the Prisoner Review Board for consideration at a medical release hearing as provided in a Section of the Unified Code of Corrections. Amends the Unified Code of Corrections. In the definition of "medically incapacitated", provides that to qualify the inmate shall have a medical condition preventing the inmate from completing more than one activities of daily living, rather than one or more activities. In the definition of "terminal illness", provides that a condition may qualify if it is likely to cause death in 18 months, rather than 12 months. Provides that within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release. Provides that the Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports certain information about the Medical Release Program, such as the number of applications for medical release received by the Board in the preceding year, the number of people released on the medical release program, and the number of institutional hearings on medical release applications conducted by the Board. Provides that all the information provided in this report shall be provided in aggregate, and nothing shall be construed to require the public dissemination of any personal medical information. Provides that this Act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois. Provides that the crime victim has the right to submit a victim statement to the Prisoner Review Board for consideration at a medical release hearing as provided in the Unified Code of Corrections. Amends the Open Parole Hearings Act. Provides that the definition of "parole hearing" includes a medical release hearing. Makes other changes.