Rep. Barbara Hernandez

Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to establish a Restaurant Meals Program to permit individuals who are elderly, persons with a disability, and homeless individuals to redeem their Supplemental Nutrition Assistance Program benefits at private establishments that contract with the Department to offer meals for eligible SNAP recipients at concessional prices. Requires the Restaurant Meals Program to be operational no later than January 1, 2020. Requires the Department to adopt rules. Effective immediately.

Amends the School Code and the Illinois Educational Labor Relations Act. Provides that, on and after September 1, 2019, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective" and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; evaluation plans; a local appeal process for ineffective ratings; rules; the appointment and promotion of teachers in Chicago; alternative procedures for teacher evaluation, remediation, and removal in Chicago; and the Open Meetings Act. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/21B-75 105 ILCS 5/24-9.5 new 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-12 from Ch. 122, par. 24-12 105 ILCS 5/24-16.5 105 ILCS 5/24A-4 from Ch. 122, par. 24A-4 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 105 ILCS 5/24A-5.5 new 105 ILCS 5/24A-7 from Ch. 122, par. 24A-7 105 ILCS 5/34-84 from Ch. 122, par. 34-84 105 ILCS 5/34-85c 115 ILCS 5/18 Adds reference to: 105 ILCS 5/34-18 from Ch. 122, par. 34-18 Replaces everything after the enacting clause. Amends the Chicago School District Article of the School Code to provide that the governing bodies of contract schools are subject to the Freedom of Information Act and Open Meetings Act.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department shall investigate and apply for federal funding opportunities, including, but not limited to, a specified federal grant, to support maternal mental health, to the extent that programs are financed, in whole, by federal funds. Provides that the Department shall file a report with the General Assembly on or before January 1, 2021 of the Department's efforts to secure and utilize the federal funding it receives from its efforts. Provides that the amendatory Act's provisions are repealed on January 1, 2022. House Committee Amendment No. 1 Removes language referring to a specific grant available under the federal 21st Century Cures Act.

Creates the Task Force on Infant and Maternal Mortality Among African Americans Act. Creates the Task Force on Infant and Maternal Mortality Among African Americans. Provides for the membership of the Task Force. Provides for the election of a chairperson of the Task Force. Requires the Department of Public Health to provide technical support and assistance to the Task Force and to be responsible for administering its operations and ensuring that the requirements of the Act are met. Provides that members of the Task Force shall receive no compensation for their services as members of the Task Force. Provides for the meetings and duties of the Task Force. Provides that beginning December 1, 2020, and for each year thereafter, the Task Force shall submit a report of its findings and recommendations to the General Assembly. Provides findings. Effective immediately. House Floor Amendment No. 1 Adds: (1) one physician representing the Illinois Academy of Family Physicians; and (2) one physician representing the Illinois Chapter of the American Academy of Pediatrics as members of the Task Force on Infant and Maternal Mortality Among African Americans.

Creates the Feminine Hygiene Products For The Homeless Act. Provides that feminine hygiene products, including, but not limited to, sanitary napkins, tampons, and panty liners, shall be available free of charge at all homeless shelters that provide temporary housing assistance to women or youth.

Urges Education Secretary Betsy DeVos and the Department of Education to withdraw the proposed rule and instead pursue policies that reflect the concerns raised by law enforcement, create a safe environment for victims to report instances, aggressively address the problem of campus sexual assault and harassment, and broadly address all instances of sexual harassment affecting college students.

Urges the General Assembly to enact legislation to amend The School Code of Illinois, requiring the Illinois State Board of Education to establish criteria, standards, and competencies to be required of qualified bilingual language interpreters for parents of limited English proficiency participating in IEP meetings.

Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that the State, any unit of local government, or a county sheriff, shall not contract with a private contractor or private vendor for the provision of services relating to community correctional supervision. Provides that the Act does not apply to State work release centers or juvenile residential facilities that provide separate care or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services. House Committee Amendment No. 2 Deletes reference to: 730 ILCS 140/1 730 ILCS 140/1.5 new 730 ILCS 140/2 730 ILCS 140/3 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Private Detention Facility Moratorium Act. Provides that neither the State, nor any unit of local government, any county sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind related to the detention of individuals in a detention facility owned, managed, or operated in whole or in part by a private entity or person; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation, in whole or in part, of any detention facility by any private entity or person; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by any private entity or person; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of any detention facility. Provides exemptions. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2 with changes. Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity. Makes other technical changes. Effective immediately.

Creates the Retention of Illinois Students and Equity Act. Provides for legislative findings and a definition. Provides that, notwithstanding any other provision of law to the contrary, a student attending an institution of higher learning in this State who is deemed an Illinois resident for tuition purposes and is not otherwise eligible to receive federal financial aid shall be eligible to apply or receive consideration for State financial aid, including any student aid or benefit funded or administered by the State, a State agency, or any public institution of higher learning, including, but not limited to, scholarships, grants, awards, stipends, free room and board, tuition waivers, or other financial or in-kind assistance. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Makes changes to the legislative findings. Provides that a student who is an Illinois resident and who is not otherwise eligible for federal financial aid, including, but not limited to, a transgender student who is disqualified for failure to register for selective service or a noncitizen student who has not obtained lawful permanent residence, shall be eligible for State financial aid and benefits. Provides that, to ensure equity, success, and the retention of Illinois residents, a student who is an Illinois resident may not be subject to any caps on grant assistance available under the Monetary Award Program other than those required by State law. Provides that the eligibility requirements for any student aid or benefit funded or administered by the State shall be interpreted to promote the broadest eligibility for students who are Illinois residents in accordance with State law or policy. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (IL Student Assistance Commission) The scholarship and grant programs that ISAC administers are subject to appropriation. Thus, making more students eligible to apply for these programs (which HB 2691 does) will not automatically add to their cost. However, funding additional recipients would either require additional appropriations or shifting dollars from other low-income students who are currently eligible. Based on limited available data, including estimates provided by advocates for the bill of the number of undocumented Illinois students, approximately 3,500 students may become newly eligible for the Monetary Award Program (MAP) under HB 2691, as amended, adding about $9.0 million in annual demand for the program. Without additional funding, adding new recipients would require shifting dollars from other recipients. This projection incorporates estimates of the number of undocumented Illinois students, transgender students who may be required to register for Selective Service, and students who are currently ineligible for MAP because they have used the program to help pay for at least 75 credit hours but have not yet attained junior status. This estimate could be low for several reasons. Overall demand for funding could increase in future years as additional students apply. Also, ISAC does not have adequate information to estimate the potential increase in demand for smaller grant programs (which are also subject to appropriation) or any increases in demand for ISAC-administered programs attributable to students who receive in-state tuition rates because of their military or veteran status. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.