Rep. Marcus Evans

Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that, for the 2020-2021 academic year and for each academic year thereafter, a university or community college district must make available to its students information on all mental health and suicide prevention resources available at the university or community college.

Amends the Code of Civil Procedure. Repeals a provision regarding special interrogatories in verdicts. Effective immediately. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. Fiscal Note (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any the bill would have on local judicial budgets. 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. Pension Note (Government Forecasting & Accountability) This bill will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued or State-supported 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. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to this bill, as it 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. House Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/2-1108 rep. Adds reference to: 735 ILCS 5/2-1108 from Ch. 110, par. 2-1108 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that within the discretion of the court, the jury may be asked (rather than required by the court, and must be required on the request of any party) to find specially upon any material question or questions of fact submitted to the jury in writing. Provides that any party may request special interrogatories. Provides that submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion (rather than as a ruling on a question of law). Provides that when any special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdicts, and if, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial (rather than the former controls the latter and the court may enter judgment accordingly). Provides that during closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special findings. Provides that the Act applies only to trials commencing on or after January 1, 2020. Effective immediately.

Amends the Property Tax Code. Removes a sunset provision concerning increases in a property's overall valuation that are directly attributable to the investment, improvement, replacement, or expansion of railroad operating property through State or federal government programs necessary for high speed passenger rail transportation (currently, those provisions sunset on December 31, 2019). Effective immediately. House Committee Amendment No. 1 Makes changes to the introduced bill to provide that provisions of the Property Tax Code concerning increases in a property's overall valuation that are directly attributable to the investment, improvement, replacement, or expansion of railroad operating property through State or federal government programs necessary for high speed passenger rail transportation sunset on December 31, 2029 (currently, those provisions sunset on December 31, 2019; in the introduced bill, the sunset date is removed).

Amends the School Code. Requires a school district, public school, or nonpublic school to permit a student diagnosed with a pancreatic insufficiency to self-administer and self-manage his or her pancreatic enzyme replacement therapy if the parent or guardian of the student provides the school with written authorization for the self-administration or self-management and written authorization for the therapy from the student's physician, physician assistant, or advanced practice registered nurse; defines terms. Requires each school district or school to adopt an emergency care plan and develop an individualized health care plan for a student subject to the provision; specifies plan requirements. Provides that any disclosure of information under the provision shall not constitute a violation of the federal Health Insurance Portability and Accountability Act of 1996 or any regulations promulgated under that Act. Provides that any records created under the provision must be maintained in a confidential manner consistent with the federal Health Insurance Portability and Accountability Act of 1996. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/22-31 new Adds reference to: 105 ILCS 5/10-22.21b from Ch. 122, par. 10-22.21b 105 ILCS 5/34-18.61 new Replaces everything after the enacting clause. Amends the School Code. Provides that, notwithstanding any other provision of law, a school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. Requires a parent or guardian to also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Provides that each school district must adopt an emergency action plan for a student who self-administers medication; specifies the plan's requirements. Provides that a school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student.

Amends the Illinois Administrative Procedure Act. Allows the Secretary of State to provide service by email of a document containing a driver's license number. Amends the Illinois Identification Card Act. Provides that Every Real ID compliant identification card or Real ID compliant Person with a Disability Identification Card issued under the Act to an applicant who is not a United States citizen or permanent resident, other than a conditional resident, shall be marked "Limited Term". Amends the Illinois Vehicle Code. Provides that every Real ID compliant driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, other than a conditional resident, shall be marked "Limited Term". Defines "medical examiner's certificate". Provides that the Secretary shall deny, suspend, or revoke registration if the applicant fails to disclose material information required or if the applicant has made a materially false statement on the application, or the applicant has applied as a subterfuge for the real party in interest who has been issued a Federal out-of-service order or if the applicant's business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer or shareholder. The Secretary shall deny, suspend, or revoke registration for either a (i) vehicle if the motor carrier responsible for the safety of the vehicle has been prohibited from operating by the Federal Motor Carrier Safety Administration; or (ii) for a carrier whose business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for registration, which may include the owner, a relative, family member, corporate officer, or shareholder of the carrier. Provides that any law enforcement agency, in addition to the Secretary of State, may seize or confiscate documents or plates issued by the Secretary upon expiration, revocation, cancellation or suspension thereof, or if it is fictitious, or if it has been unlawfully or erroneously issued. Provides requirements for consenting to accept service of documents by email. House Committee Amendment No. 1 Adds reference to: 15 ILCS 335/17 new 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 Provides that the Secretary of State may invalidate a standard Illinois Identification Card or an Illinois Person with a Disability Identification Card: (1) when the holder voluntarily surrenders the standard Illinois Identification Card or an Illinois Person with a Disability Identification Card and declares his or her intention to do so in writing; (2) upon the death of the holder; (3) upon the refusal of the holder to correct or update information contained on a standard Illinois Identification Card or an Illinois Person with a Disability Identification Card; and (4) as the Secretary deems appropriate by administrative rule. Defines "entry-level driver training". Provides that effective February 7, 2020, unless the person is exempted by federal regulation, no person shall be issued an original (first time issuance) CDL, an upgraded CDL or a school bus (S), passenger (P), or hazardous Materials (H) endorsement unless the person has successfully completed entry-level driver training (ELDT) taught by a training provider listed on the federal Training Provider Registry. Provides that persons who obtain a CLP before February 7, 2020 are not required to complete ELDT if the person obtains a CDL before the CLP or renewed CLP expires. Provides that except for persons seeking the H endorsement, persons must complete the theory and behind-the-wheel (range and public road) portions of ELDT within one year of completing the first portion. Provides that the Secretary shall post specified information to the CDLIS driver record beginning June 22, 2021 (instead of 2018). House Floor Amendment No. 2 Provides that provisions regarding the expiration of REAL ID-compliant identification cards and driver's licenses apply to persons with an approved application for asylum or that have entered the United States in refugee status.

Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Equal Pay Act of 2003. Provides that the exceptions to the equal pay requirement based on sex also apply to the equal pay requirement for African-American employees. Provides that an employer may prohibit a human resources employee, supervisor, or other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested. Provides that specified provisions shall not be construed to prevent an employer or employment agency from: providing information about the wages, benefits, compensation, or salary offered in relation to a position; or engaging in discussions with an applicant for employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation. Provides that an employer is not in violation of specified provisions when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation. Makes other changes. Effective 60 days after becoming law. Senate Floor Amendment No. 2 Provides that a wage differential factor that is not based on sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act must account for the differential (instead of "the entire differential").

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 2 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person shall not sell or offer at auction salvage vehicles to a nonresident individual or business in the United States unless the nonresident is licensed in another state or jurisdiction, provides a National Motor Vehicle Title Information System (NMVTIS) number, a social security number or federal employment identification number, and resale tax certificate, if applicable. Provides that a person in the State shall not sell or offer at auction salvage vehicles to an out-of-country buyer unless the out-of-country buyer is licensed in its jurisdiction as a recycler or rebuilder and provides a foreign license number, passport, or other form of identification issued by the foreign jurisdiction. Provides that an out-of-country buyer who provides a business address not within the sovereign boundaries of the United States shall receive a title stamped with the designation of "export only" at the point of sale. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Adds reference to: 30 ILCS 105/5.891 new 625 ILCS 5/11-709 from Ch. 95 1/2, par. 11-709 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 625 ILCS 5/11-907.5 705 ILCS 135/15-70 720 ILCS 5/9-3 from Ch. 38, par. 9-3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 730 ILCS 5/5-5-3.2 Replaces everything after the enacting clause. Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the zipper merge method when merging into a reduced number of lanes (drivers in merging lanes are expected to use both lanes to advance to the lane reduction point and merge at that location, alternating turns). House Floor Amendment No. 2 Adds reference to: 625 ILCS 5/6-109 625 ILCS 5/11-907.1 new Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle. Creates the Move Over Task Force to study the issue of violations of the provisions of the Code prescribing how to safely enter a highway construction zone, approach a disabled vehicle, and approach an authorized emergency vehicle. Prescribes membership for the Task Force. Provides that the Task Force shall meet no fewer than 3 times and shall present its report and recommendations to the General Assembly no later than January 1, 2020. Repeals the Task Force on January 1, 2021. House Floor Amendment No. 3 Adds to the Move Over Task Force one representative, appointed by the Governor, from a bona fide labor organization representing certified road flaggers and other road construction workers.

Amends the Uniform Electronic Legal Material Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 5 Deletes reference to: 5 ILCS 180/1 Adds reference to: 20 ILCS 1505/1505-215 new 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4f 30 ILCS 575/7 from Ch. 127, par. 132.607 720 ILCS 5/17-10.3 Replaces everything after the enacting clause. Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Creates the Bureau on Apprenticeship Programs within the Department of labor, and provides for the powers and duties of the Bureau. Creates the Advisory Board for Diversity in Active Apprenticeship Programs Approved by the United States Department of Labor. Provides for the appointment of members to the Advisory Board and the powers, duties, and other requirements concerning the Advisory Board and its members. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Further specifies the allocation of the percentage of specified State contracts to be awarded to minorities, women, and persons with disabilities under the Act. Provides further requirements concerning requests for individual contract exemptions, requests for contract class exemptions, and requests for contract goal waivers. Amends the Criminal Code of 2012. In a Section concerning deception relating to certification of disadvantaged business enterprises, modifies the penalty for specified actions from a Class 2 felony to a Class 1 felony. Makes other changes. Effective immediately. House Floor Amendment No. 1 Adds reference to: 30 ILCS 575/9 from Ch. 127, par. 132.609 30 ILCS 577/35-15 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: (1) in provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs, provides that the Board may request necessary information from the Department of Labor, other State agencies, or public institutions of higher education (in the engrossed bill, the Department of Labor only); (2) provides that the Department of Central Management Services shall conduct a second social scientific study measuring the impact of discrimination on minority and women business development in the State; (3) in provisions amending the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, provides that the Business Enterprise Council may charge fees for a written request of contract exemptions; (4) extends the repeal of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act until June 30, 2024; and (5) adds provisions amending the State Construction Minority and Female Building Trades Act to provide that the Department of Labor's report compiling and summarizing demographic trends in the State's building trades apprenticeship programs shall include certain specified information. Effective immediately. House Floor Amendment No. 2 Provides that the bill takes effect on January 1, 2020.

Amends the Grow Your Own Teacher Education Act. Makes changes to the definitions of "cohort", "eligible school", and "hard-to-staff school", and defines "dual credit course". Provides that Grown Your Own Illinois (rather than the Board of Higher Education) shall administer the Grow Your Own Teacher Education Initiative as a grant competition to fund consortia that will carry out Grow Your Own Teacher preparation programs. In provisions concerning selection of grantees, provides that the Board of Higher Education shall, subject to appropriation, allocate funds to Grow Your Own Illinois for the purpose of administering the program and awarding grants under the Act (rather than requiring the Board of Higher Education to award grants under the Act). Removes the language providing that the consortium shall consider whether a candidate has experienced an interruption in his or her college education when recruiting potential candidates for the program. Provides that, subject to the requirements under the Dual Credit Quality Act, an institution of higher education may offer a high school student a dual credit course under the program. Provides that the Board of Higher Education may not adopt rules regarding candidate eligibility that are more restrictive than those in the Act. Makes conforming changes. Effective immediately. Fiscal Note (IL Board of Higher Education) This bill will not have a fiscal impact on the Illinois Board of Higher Education.