Rep. Will Guzzardi

Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.64 105 ILCS 5/34-18.57 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that no student under 18 years of age may be questioned or detained by law enforcement personnel, a school resource officer, or other security personnel on school grounds in connection with a suspected or alleged criminal activity without the presence of the student's parent or guardian or a designee requested by the parent or guardian. Provides that a student 18 years of age or older may request the presence of his or her parent or guardian if he or she is questioned or detained, and the student must be notified of this right. Effective immediately. Fiscal Note, House Floor Amendment No. 2 (State Board of Education) This bill has no fiscal impact to the Illinois State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately. Senate Floor Amendment No. 2 Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must, among other requirements, (i) make reasonable efforts (rather than all reasonable efforts) to ensure that the student's parent or guardian or school personnel is present during the questioning and (ii) if practicable, make reasonable efforts (rather than all reasonable efforts) to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.

Amends the Liquor Control Act of 1934. Establishes a distiller pub license. Provides that a distiller pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Illinois Liquor Control Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distiller pub wholly owned and operated by the same licensee. Prohibits a distiller pub licensee from selling spirits manufactured by the licensee to retail licensees. Establishes fees for a distiller pub license. Provides that a craft distiller licensee may simultaneously hold a distiller pub license if certain requirements are met. Authorizes a craft distiller to transfer spirits to a wholly owned distiller pub if specified requirements are met. Makes conforming changes. House Floor Amendment No. 2 Adds reference to: 235 ILCS 5/1-3.40 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-31 235 ILCS 5/11-1 from Ch. 43, par. 193 Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Removes the craft distiller license. Creates a class 1 craft distiller license. Provides that, among other authorizations, a class 1 craft distiller license shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with a manufacturer that produces more than 50,000 gallons of spirits per year or any other alcoholic liquor. Provides that a class 1 craft distiller or a non-resident dealer who manufactures less than 50,000 gallons of distilled spirits per year may make application to the State Commission for a self-distribution exemption. Creates a class 2 craft distiller license. Provides that, among other authorizations, a class 2 craft distiller license shall allow the manufacture of up to 100,000 gallons of spirits per year. Creates a craft distiller warehouse permit. Provides that a craft distiller warehouse permit license may be issued to the holder of a craft distiller tasting permit license and shall allow the holder to store or warehouse up to 500,000 gallons of spirits manufactured by the holder of the permit. Creates a distilling pub license. Provides that, among other authorizations, a distilling pub licensee may manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license and make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption. Establishes fees for the class 1 distiller license, class 2 distiller license, craft distiller warehouse permit, and distilling pub license. Removes a provision authorizing craft distiller tasting permit licensees to conduct product sampling. Provides that if any provision of the Act, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unconstitutional, the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic liquor. Makes conforming and other changes. House Floor Amendment No. 3 Deletes reference to: 235 ILCS 5/6-31 235 ILCS 5/11-1 from Ch. 43, par. 193 Removes provisions concerning product sampling. Removes language that provides that if any provision of the Liquor Control Act of 1934, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unconstitutional, the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic liquor. Makes conforming changes. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that a craft distiller warehouse permit may be issued to the holder of a class 1 craft distiller or class 2 craft distiller (instead of a craft distiller premises) license. Provides that a distributor's license shall allow the sale of vermouth to class 1 craft distillers and class 2 craft distillers that sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries. Adds an immediate effective date.

Amends the Chicago Teacher Article of the Illinois Pension Code. Removes a provision concerning a reduction in a specified contribution for certain members who retire before July 1, 1998. Repeals obsolete provisions concerning early retirement incentives. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/17-119.1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change. Removes changes made to provisions concerning an optional increase in retirement annuity. Senate Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/17-116.1 rep. 40 ILCS 5/17-116.3 rep. 40 ILCS 5/17-116.4 rep. 40 ILCS 5/17-116.5 rep. 40 ILCS 5/17-116.6 rep. Adds reference to: 40 ILCS 5/7-139 from Ch. 108 1/2, par. 7-139 30 ILCS 805/8.43 new Replaces everything after the enacting clause. Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if an employee was in the service of more than one employer described in provisions concerning certain educational employers, then the sick leave days from all such employers, except for employers from which the employee terminated service before the effective date of the amendatory Act, shall be credited, as long as the creditable service attributed to those sick leave days does not exceed 12 months. Corrects a cross-reference. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school. Provides that in determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/27A-3 105 ILCS 5/27A-10.10 105 ILCS 5/27A-11 105 ILCS 5/27A-12 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Repeals the State Charter School Commission Fund on October 1, 2020 (rather than July 31, 2020). Provides that, beginning on July 1, 2020 through August 31, 2020, all money in the State Charter School Commission Fund shall be used by the State Board of Education for operational and administrative costs and, on September 1, 2020 (rather than July 1, 2020), in consultation with the State Board, the State Comptroller shall order transferred and the State Treasurer shall transfer all money in the State Charter School Commission Fund to the State Board of Education Special Purpose Trust Fund. Provides that, beginning on July 1, 2020, the State Board of Education may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities; specifies what the authorizing activities may include. Provides that, beginning on the effective date of the amendatory Act, the Commission may not enter into or renew a contract, other than a charter renewal, that expires after July 1, 2020. Until July 1, 2020, allows the State Charter School Commission to hear an appeal on a local board's decision to not renew a charter. Allows the State Board of Education to reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if certain conditions are met. Requires the State Board to appoint and utilize a hearing officer for those appeals. Provides that if a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. Adds an immediate effective date.

Amends the Illinois Insurance Code. In provisions concerning treatment for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, provides that treatment administered or prescribed after July 18, 2017 shall be covered. Provides that for billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall be coded as autoimmune encephalitis until a code is assigned. Provides that coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may not be denied due to a diagnosis of autoimmune encephalopathy or autoimmune encephalitis. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that for billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall be coded as autoimmune encephalitis until the American Medical Association and the Centers for Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. Provides that thereafter, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

Amends the Secretary of State Act. Requires the Secretary of State to take steps to ensure that all State forms and documents requiring the listing of gender designations or requiring persons to identify their gender shall include, as a gender designation, the term "non-binary" in addition to male and female gender designations. Requires each unit of local government in this State to adopt an ordinance or resolution requiring that unit of local government to take steps to ensure that all its forms and documents shall include the "non-binary" gender designation in a manner substantially similar to forms and documents as may be produced by the Secretary. Effective January 1, 2020. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 305/30 new Adds reference to: 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 Replaces everything after the enacting clause. Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after the effective date of this amendatory Act, and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary of State shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on identification card and driver's license application forms. Provides that the sex designated by the applicant shall be displayed on the identification card or driver's license issued to the applicant. Fiscal Note, House Committee Amendment No. 1 (Office of the Secretary of State) At this time, there is no fiscal impact to the Secretary of State's Office with HB 3534 (H-AM 1). We cannot project the fiscal impact on a future contract bid. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the Illinois Food, Drug and Cosmetic Act. Provides that provisions prohibiting the offer for sale of any bulk food in a manner other than to prevent direct handling of such items by the consumer shall not prohibit self-service by consumers provided that take-home containers, including bags, cups, and lids, provided for consumer use are stored and dispensed in a sanitary manner. Provides that a retailer may allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Provides that county health departments and municipalities shall not prohibit the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that take-home containers provided for consumer use must be cleaned, stored, and dispensed (rather than stored and dispensed) in a sanitary manner. Provides that personal containers filled or refilled by customers with bulk food shall be clean and sanitary. In a provision that prohibits a county health department or municipality from prohibiting the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food, adds an exception if the prohibition is provided for in a specified provision of the Illinois Administrative Code and adds a requirement that the personal containers must be clean and sanitary.

Amends the Illinois Notary Public Act. Modifies the required disavowal of legal representation notice. Provides that the failure of a notary public to follow specified notice requirements shall result in a fine of $1,500 (currently, $1,000) for each written violation. Provides that a second (rather than third) violation shall result in permanent revocation of the commission of notary public (currently, a second violation results in suspension of notary authorization). Provides that prior to rendering notary public services to a person seeking such services, a notary public shall, in addition to any written or electronic notice, also give a verbal disavowal of legal representation that is substantially the same as the statement required for written and electronic advertisements of notary services. Provides that upon providing the verbal disavowal of legal representation, the person seeking notary services shall be provided with an acknowledgment form reciting the disavowal of legal representation, and be required to sign such form acknowledging that he or she has been advised and understands that the notary public is not a licensed attorney and is not otherwise authorized to provide legal advice or services. Provides that the acknowledgment form shall be prescribed by the Secretary of State and be made available in English and in the non-English language in which notary services were solicited. House Committee Amendment No. 1 Requires every notary public who is not an attorney or an accredited immigration representative to, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides for the contents of the written acknowledgment. Provides that the provision shall not apply to notary services related to documents prepared or produced in accordance with the Illinois Election Code. Removes provisions concerning a verbal disavowal of legal representation and the production of an acknowledgment form reciting the disavowal of legal representation to be signed by the person seeking notary services. House Floor Amendment No. 2 Provides that every notary public who is subject to specified provisions and who is not an attorney or an accredited immigration representative (currently, who is not an attorney or an accredited immigration representative only) shall, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides that the acknowledgment shall be signed by the recipient of notary services before notary services are rendered, and the notary shall retain copies of all signed acknowledgments throughout their present commission and for 2 years thereafter. Provides that notaries shall provide recipients of notary services with a copy of their signed acknowledgment at the time services are rendered. Senate Committee Amendment No. 1 Requires notaries public to provide a written acknowledgment in English and the language used in the advertisement for notary services. Requires the Office of the Secretary of State to translate an acknowledgment concerning notary services into Spanish and any other language the Secretary of State may deem necessary to achieve specified requirements, and to make the translations available on the website of the Secretary of State. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.