Rep. Anna Moeller

Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a rebate card that charges dormancy fees or other post-issuance fees. Defines "rebate card". Senate Committee Amendment No. 1 Provides that the prohibition on imposing post-issuance fees in connection with a rebate made by means of a rebate card applies only to fees charged to the consumer.

Amends the Mobile Home Local Services Tax Act. Provides that the penalty for delinquent local services taxes shall not exceed the lesser of $100 or 50% of the original tax imposed (currently, $100). Effective immediately. House Floor Amendment No. 2 Makes changes to the introduced bill to provide that the county treasurer may, in his or her discretion, limit the penalty for delinquent local services taxes to the lesser of $100 or 50% of the original tax imposed (currently, the maximum penalty is $100; in the introduced bill the maximum penalty shall be the lesser of $100 or 50% of the original tax imposed). Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Mobile Home Local Services Tax Act. Provides that, in counties with a population of more than 700,000 and less than 900,000, the penalty for delinquent local services taxes shall not exceed the lesser of (i) $100 or (ii) 50% of the original tax imposed. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 210 ILCS 115/2.11 new Adds provisions to the bill as amended by Senate Amendment No. 1 amending the Mobile Home Park Act. Provides that, for the purposes of the Act, "normal maintenance" means servicing or repairing existing devices, equipment, facilities, infrastructure, or supporting utilities, or replacing those items in identical fashion with the same size, make, and model as the existing items and in accordance with applicable codes. Senate Floor Amendment No. 3 Adds reference to: 210 ILCS 115/3 from Ch. 111 1/2, par. 713 210 ILCS 115/4 from Ch. 111 1/2, par. 714 210 ILCS 115/4.1 from Ch. 111 1/2, par. 714.1 210 ILCS 115/4.2 from Ch. 111 1/2, par. 714.2 210 ILCS 115/4.4 from Ch. 111 1/2, par. 714.4 210 ILCS 115/6 from Ch. 111 1/2, par. 716 210 ILCS 115/9.4 from Ch. 111 1/2, par. 719.4 210 ILCS 115/9.8 from Ch. 111 1/2, par. 719.8 210 ILCS 115/9.10 from Ch. 111 1/2, par. 719.10 210 ILCS 115/19 from Ch. 111 1/2, par. 729 Adds provisions to the bill amending the Mobile Home Park Act. Increases various application and license fees for persons who operate mobile home parks. Provides that each mobile home shall have a connection to a public water system, a semi-private water system, or a private water supply constructed in accordance with the requirements of the Illinois Water Well Construction Code or the Surface Source Water Treatment Code. Provides that all mobile homes shall be skirted to exclude rodents and provide protection to the homes utilities from the weather. Provides that the Department of Public Health shall adopt rules defining classes of violations and allowing a minimum number of days for correction of each class of alleged violation, but removes provisions requiring the Department of Public Health to allow a specific number of days for the correction of an alleged violation.

Amends the Continuum of Care Services for the Developmentally Disabled Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 42/1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Tobacco Products Compliance Act. Provides that any person who manufactures, fabricates, assembles, processes, or labels a tobacco product or imports a finished tobacco product for sale or distribution in the United States, located in or having a place of business in the State, shall provide written certification of its compliance with labeling provisions of the federal Family Smoking Prevention and Tobacco Control Act of 2009 to the Department of Public Health. Provides for enforcement and rulemaking by the Department of Public Health. Effective immediately.

Amends the Alzheimer's Disease Research Act. Changes the short title of the Act to the Alzheimer's Disease Research, Care, and Support Fund Act. Creates the full-time position of Dementia Coordinator within the Department of Public Health, who is responsible only for activities associated with and relevant to the successful implementation of the State of Illinois Alzheimer's Disease State Plan. Changes the name of the Alzheimer's Disease Research Fund to the Alzheimer's Disease Research, Care, and Support Fund and makes corresponding changes in the State Finance Act. Provides that moneys from the Fund shall be used to cover costs, including the Dementia Coordinator's salary and expenses. Provides that the Department shall be responsible for providing the Dementia Coordinator with administrative support through its existing resources and not from the Fund. Repeals provisions concerning a grant program administered by the Department. Amends the Alzheimer's Disease Assistance Act. Makes changes concerning the membership of the Alzheimer's Disease Advisory Committee. Requires the Department of Public Health to make reasonable efforts to promote the Alzheimer's Disease Research, Care, and Support Fund during relevant times, including, but not limited to, periods of time when tax returns are typically received, such as issuing press releases and posting on social media. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: provides that the Alzheimer's Disease Advisory Committee shall consist of 17 (rather than 16) voting members; provides that the additional voting member of the Committee shall be an individual with medical or academic experience with early onset Alzheimer's disease or related disorders; and provides that the Dementia Coordinator shall be funded out of the Alzheimer's Disease Research, Care, and Support Fund.

Amends the Juvenile Court Act of 1987. Provides that all proceedings under the Act in respect to any minor automatically terminate upon his or her attaining the age of 21 years (rather than 19 years). Makes conforming changes. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that wardship concerning neglected, abused, and dependent minors terminates at 21 years of age rather than 19 years of age. Provides that a provision providing the wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed automatically terminates when the minor attains the age of 19 years becomes inoperative on and after the effective date of the amendatory Act. Provides that notwithstanding any provision of law to the contrary, the changes made by the amendatory Act apply to all cases that are pending on or after the effective date of the amendatory Act. Provides that when terminating wardship, if the minor is over 18, or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (1) the minor's wishes regarding case closure; (2) the manner in which the minor will maintain independence without services from the Department of Children and Family Services; (3) the minor's engagement in services including placement offered by the Department; (4) if the minor is not engaged the Department's efforts to engage the minor; (5) the nature of communication between the minor and the Department; (6) the minor's involvement in other State systems or services; (7) the minor's connections with family and other community support; and (8) any other factor the court deems relevant. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 705 ILCS 405/2-31 705 ILCS 405/2-33 Adds reference to: 325 ILCS 5/7.14 from Ch. 23, par. 2057.14 325 ILCS 5/7.22a new 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.

Amends the Abused and Neglected Child Reporting Act. Removes the list of mandated reports under the Act and instead lists several categories of professionals required to report suspected child abuse and neglect to the Department of Children and Family Services, including: (1) medical personnel; (2) social services and mental health personnel; and (3) crisis intervention personnel. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training provided through or approved by the Department and that the training must be completed within a specified timeframe. Requires the Department to adopt rules by January 1, 2020 on its process for approving mandated reporter training. Provides that, by January 1, 2021, continuing education requirements for persons licensed by the Department of Financial and Professional Regulation must include mandated reporter training. Requires the Department, by January 1, 2020, to adopt rules and procedures for educating members of the public about their right to report child abuse or neglect. Requires the Department to seek assistance from businesses and organizations on raising awareness about child abuse and child neglect and the Department's statewide toll-free child abuse hotline. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Organizes the list of mandated reporters under the Act into the following categories of professionals: (i) medical personnel; (ii) social services and mental health personnel; (iii) crisis intervention personnel; (iv) education personnel; (v) recreation or athletic program or facility personnel; (vi) child care personnel; (vii) law enforcement personnel; (viii) funeral home directors; (ix) clergy members; and (x) physicians and other specified medical personnel who provide abortions, abortion referrals, or contraceptives. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, and at least every 3 years thereafter. Provides that the trainings shall be in-person or web-based, and shall include, at a minimum, information on certain topics, including: (a) indicators for recognizing child abuse and child neglect, as defined under the Act; and (b) responding to a child in a trauma-informed manner. Provides that the mandated reporter training shall be provided through the Department of Children and Family Services, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Department of State Police, or through an organization approved by the Department to provide mandated reporter training. Requires the Department of Children and Family Services to make available a free web-based training for reporters. Requires each mandated reporter to report to his or her employer and, when applicable, to his or her licensing or certification board that he or she received the mandated reporter training. Provides that beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and his or her profession has continuing education requirements, the training mandated under the Act shall count toward meeting the licensee's required continuing education hours. Requires the Department of Children and Family Services to develop culturally sensitive materials on child abuse and child neglect, the statewide toll-free telephone number established under the Act, and the process for reporting any reasonable suspicion of child abuse or child neglect. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1, but with the following changes: Provides that educational personnel required to report under the Abused and Neglected Child Reporting Act must do so only to the extent required under a specified provision of the Act (rather than only to the extent required in accordance with other provisions expressly concerning the duty of school board members to report suspected child abuse). Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report (rather than a single report may be made by a designated reporter). In a provision requiring mandated reporters to complete reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, provides that the 3-month requirement may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession. Requires certain medical personnel who work with children in their professional or official capacity to complete mandated reporter training at least every 6 years. Requires such medical personnel to attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Requires medical personnel who do not work with children in their professional or official capacity to make similar affirmations in lieu of repeated training. House Committee Amendment No. 1 Adds reference to: 50 ILCS 705/7 from Ch. 85, par. 507 Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers at all certified police training schools shall include a block of instruction addressing the mandatory reporting requirements under the Abused and Neglected Child Reporting Act. Provides that minimum in-service training requirements, which a police officer must complete every 3 years, shall include training on reporting child abuse and neglect. Further amends the Abused and Neglected Child Reporting Act. Provides that persons required to report under the Act must complete an initial mandated reporter training (rather than must complete mandated reporter training) within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. Provides that the initial requirement (rather than the initial 3-month requirement) only applies to the first time they engage in their professional or official capacity (rather than only applies to the first time they engage in their professional or official capacity and may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession).

Amends the Condominium Property Act. Provides that before the board may levy a fine, it shall first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard. Provides that the written notice shall be made in accordance with the requirements of the Act. Provides that the notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complied with the notice and hearing requirements. Makes corresponding changes. House Committee Amendment No. 2 Deletes reference to: 765 ILCS 605/9 from Ch. 30, par. 309 765 ILCS 605/9.2 from Ch. 30, par. 309.2 765 ILCS 605/18 from Ch. 30, par. 318 765 ILCS 605/18.4 from Ch. 30, par. 318.4 Adds reference to: 775 ILCS 5/3-101 from Ch. 68, par. 3-101 775 ILCS 5/7B-102 from Ch. 68, par. 7B-102 775 ILCS 5/8-101 from Ch. 68, par. 8-101 775 ILCS 5/10-103 from Ch. 68, par. 10-103 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Defines "real estate transaction" and "loan modification services". Provides that the Department of Human Rights may (rather than shall) conduct a fact finding conference, and deletes language allowing a waiver to the fact finding conference. Provides that a formal training program for newly appointed commissioners of the Illinois Human Rights Commission shall include current issues in employment and housing discrimination. Provides that the Department shall authorize and not later than 30 days after the entry of the administrative closure order by the Commission the Attorney General shall commence and maintain a civil action on behalf of the aggrieved party seeking relief. House Floor Amendment No. 4 Deletes reference to: 775 ILCS 5/3-101 Replaces everything after the enacting clause with the provisions of House Amendment No. 2, and makes the following changes: Deletes the changes to the definition of "real estate transaction". Deletes the definition of "loan modification services".

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.