Rep. Barbara Hernandez

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 School Code. Makes a technical change in a Section concerning block grants for school districts other than the Chicago school district. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1C-1 Adds reference to: 110 ILCS 151/10 Replaces everything after the enacting clause. Amends the Career and Workforce Transition Act. Provides that any designation given by the Illinois Community College Board of credit hour value for a student who has completed a program in medical assisting, medical coding, dental assisting, HVAC, welding, or pharmacy technician shall be applied by the community college district as direct or elective credit toward an associate degree of applied science or its equivalent as determined by the community college district. Effective immediately.

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

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 Criminal Code of 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense). Makes conforming changes.

Amends the Illinois Local Library Act. Provides that a proposition for the appointed Aurora Public Library board to be changed to an elected board shall be submitted by referendum to the voters of the City of Aurora either by ordinance of the city council or on the petition of 10% of the number of persons who voted at the last regular election in the City of Aurora. Provides for the nomination, election, and terms of Aurora Public Library board members if the referendum is approved. Creates a process to revert back to an appointed library board after changing to an elected board. Effective immediately. House Floor Amendment No. 1 Provides that signatures of 250 registered voters of the City of Aurora are needed to nominate a person to be a member of the elected board of trustees of the Aurora Public Library (rather than 10% of the number of persons who voted at the last regular election of officers of the City of Aurora). Provides that one trustee from each of the City of Aurora's Wards and one at-large trustee shall be elected (rather than 11 trustees shall be elected representing each of the City of Aurora's 10 Wards) and makes conforming changes. Provides that, after each redistricting following each federal decennial census, the terms of the elected trustees on the board shall terminate (rather than cease) upon the nomination, election, and qualification of successor trustees.

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to adopt rules to expand the usage of federally allowable set-aside programs within the Water Revolving Fund, including, but not limited to, programs that provide financial assistance to utilities exploring consolidation or other collaborative approaches with separate utilities for the purpose of improving efficiency, sustainable water management, and equitable water rates. Effective immediately House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that, beginning on the effective date of the amendatory Act, and running for a period of 5 years after that date, the Environmental Protection Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. Provides that the prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. Provides specified methods of support.

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/1-100 Adds reference to: 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/25 new Replaces everything after the enacting clause. Amends the Equitable Restrooms Act. Provides that every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Provides that "place of public accommodation" has the meaning provided in the Illinois Human Rights Act. Provides that each single-occupancy restroom shall be outfitted with exterior signage indicating "all-gender" or "gender-neutral". Provides that these provisions apply to any existing or future places of public accommodation or public buildings. Provides that during an inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of accommodation or public building to determine whether it complies. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender (rather than exterior signage indicating "all-gender" or "gender-neutral").