Rep. David McSweeney

Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act. Provides that the trial court, in its discretion, may require a person convicted of battery to register under the Act if: (1) the complaining witness is 17 years of age or younger; (2) the offender is 21 years of age or older; and (3) the court finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act.

Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.

Creates the Student Athlete Endorsement Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective January 1, 2023. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Changes the definition of "institution" to mean a publicly or privately operated college or university located in this State that offers baccalaureate degrees (rather than providing that "institution" has the meaning given to that term under the Higher Education Student Assistance Act). Provides that professional representation provided by an athlete agent to a student athlete shall be by a person licensed pursuant to the Illinois Athlete Agents Act. Effective January 1, 2023.

Amends the Environmental Protection Act. Provides requirements for the prohibition of the conduct of ethylene oxide sterilization operations or other activities that emit ethylene oxide (and, for ethylene oxide sterilization sources, propylene oxide). Requires entities to submit a plan to the Environmental Protection Agency describing how they will continuously collect emissions information. Provides requirements for emissions monitoring and testing. Requires specified hospitals to submit a plan to the Agency describing how the hospital will phase out the emissions of ethylene oxide by an established deadline. Provides that when issuing permits to ethylene oxide sterilization sources, hospitals, and ethylene oxide emissions sources, the Agency shall include limitations on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. Requires storage of ethylene oxide in excess of 100 pounds to be underground. Provides that the unit of local government in which an ethylene oxide sterilization source, hospital, or ethylene oxide emissions source is located may regulate the storage and location of ethylene oxide in a manner that is more restrictive or matches the standards established by the Agency. Requires the Agency to set annual emissions limitations on ethylene oxide for all ethylene oxide emissions sources. Provides that, on and after January 1, 2022, the maximum cumulative emissions from any sum of ethylene oxide emissions sources located within 3 and one half miles of each other shall not exceed 35 pounds annually. Requires the Agency to conduct a comprehensive review of ethylene oxide use and emissions within the State and to submit its findings in a report to the General Assembly. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Defines and refers to the term "densely populated location" rather than "densely populated region". Provides that the terms "ethylene oxide emissions source" and "ethylene oxide sterilization source" are limited to stationary sources. Provides that on and after January 1, 2021, no ethylene oxide sterilization source in a remote location shall emit more than 30 pounds of ethylene oxide or 30 pounds of propylene oxide annually. Removes language allowing units of local government to create more restrictive standards for ethylene oxide storage. Provides that, prior to issuing specified permits, the Environmental Protection Agency shall require submission of documentation demonstrating that the permit applicant is in compliance with laws governing the storage of ethylene oxide. Requires all permits issued by the Agency to grant the Agency the authority to modify them to change storage limitations, modify storage practices or equipment requirements, and grant the Agency the right to conduct unannounced inspections. Requires the Agency to conduct at least one unannounced inspection annually of the ethylene oxide storage system for each permit holder. Provides that owners or operators of ethylene oxide sterilization sources or ethylene oxide emissions sources shall provide the Agency with specified materials within 10 (currently, 3) business days after receiving the Agency's conditional acceptance or denials of their plans. Removes provisions regarding the emission of more than 30 pounds of ethylene oxide or propylene oxide by an ethylene oxide emissions source meeting specified location requirements. Removes provisions that only permit the storage of ethylene oxide in excess of 100 pounds if it is underground. Provides that on and after January 1, 2023 (currently, January 1, 2025) critical access hospitals shall not conduct ethylene oxide sterilization operations in a densely populated location. Requires entities conducting ethylene oxide sterilization operations to submit a letter (currently, a plan) to the Agency. Removes provisions regarding a hospital's requirements concerning the plan. Provides that, on and after January 1, 2021, no ethylene oxide emissions source in a remote location shall conduct operations or other activities that emit ethylene oxide in excess of 30 pounds annually and 3 pounds monthly (currently, only 30 pounds annually). Prohibits ethylene oxide emissions sources from conducting operations or other activities that emit ethylene oxide in excess of 150 pounds annually. Requires the submission or resubmission of a risk management plan to the Agency by specified dates. Removes language requiring the Agency to conduct its comprehensive review within 180 days of the amendatory Act's effective and instead requires the Agency to submit and make publicly available its report on or before June 30, 2021. Provides that if multiple applicants request to emit ethylene oxide in a collective sum that is greater than the annual collective maximum regional emissions, the Agency shall prioritize applicants seeking to provide medical services. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of House Amendment No. 1 and removes language making the bill effective immediately. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 1, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 2, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by HA 1, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by HA 2, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 1) therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 2) therefore, there are no appraisals to be filed. Fiscal Note, House Committee Amendment No. 1 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Fiscal Note, House Floor Amendment No. 2 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/9.16 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Defines "emissions of ethylene oxide" and "emit ethylene oxide". Changes the definition of "remote location". Changes the beginning date of various requirements for ethylene oxide sterilization sources and ethylene oxide emissions sources. Changes the amount of ethylene oxide or propylene oxide an ethylene oxide sterilization source is allowed to emit annually to 50 pounds (currently 30 pounds). Provides that the Environmental Protection Agency shall set annual emissions limitations on ethylene oxide emissions. Provides that the requirements for ethylene oxide emissions sources apply to ethylene oxide emissions sources located in counties with a population of at least 700,000 or not in existence prior to January 1, 2020. Changes the amount of ethylene oxide an ethylene oxide emissions source in a densely populated location is allowed to emit to 110 pounds annually (currently 30 pounds annually and 3 pounds monthly). Provides additional requirements for an ethylene oxide emissions source in a densely populated location. Changes the amount of ethylene oxide an ethylene oxide emissions source in a remote location is allowed to emit to 50 pounds (currently 30 pounds) annually. Changes the facilities included in the calculation of the maximum cumulative emissions in a densely populated location to only ethylene oxide sterilization sources (currently includes ethylene oxide emissions sources and hospitals). Changes the sum of the maximum cumulative emissions of facilities in a densely populated area located within 3 and one-half miles of each other to 55 pounds (currently 35 pounds) annually. Provides that if a person applies to use ethylene oxide as a sterilant or fumigant at a facility not in existence prior to January 1, 2020, the Agency shall issue a permit for emission of ethylene oxide only if the nearest school or park is at least 10 miles from the permit applicant in counties with a population greater than 700,000.

Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. Provides that the Department of Public Health shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act.

Amends the Unified Code of Corrections. Provides that the court shall add 5 years of imprisonment to the sentence imposed upon a defendant who, at the time of the commission of the offense, was a member of the General Assembly and who is convicted of a felony relating to or arising out of or in connection with his or her service as a member of the General Assembly. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2019. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.

Amends the Illinois Controlled Substances Act. Increases the minimum penalties by 3 years for knowingly manufacturing or delivering, or possessing with intent to manufacture or deliver, 15 grams or more of heroin.

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a person who holds elective office as a member of a county board, notwithstanding whether he or she has not elected to participate in the Fund with respect to that office or has revoked his or her election to participate with respect to that office, shall be disqualified from receiving a retirement annuity until he or she no longer holds that elective office. Provides that the changes apply without regard to whether the person is in service on or after the effective date of the amendatory Act. Makes a conforming change. Senate Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/7-137.1 Adds reference to: 55 ILCS 5/4-10005 new Replaces everything after the enacting clause. Amends the Counties Code. Provides that a member of a county board shall not receive a salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the member's service as a county board member. Provides that if a member of the county board is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 50 ILCS 145/25 new Amends the Local Government Officer Compensation Act. Provides an elected officer of a unit of local government shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position. Provides that if an elected official is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the official's salary and compensation shall be reduced to zero at the beginning of the member's next term. Limits home rule powers. House Committee Amendment No. 1 Adds reference to: 55 ILCS 5/2-1003 from Ch. 34, par. 2-1003 55 ILCS 5/5-3003 new 55 ILCS 5/6-31013 new 70 ILCS 805/8 from Ch. 96 1/2, par. 6315 Replaces everything after the enacting clause. Amends the Local Government Officer Compensation Act and Counties Code. Provides that an elected officer of a unit of local government, including county board members, shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position and, if a current officer is receiving benefits, then reduces the official's salary and compensation to zero at the beginning of the official's next term. Limits home rule powers. Further amends the Counties Code. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the chairman removed maintains his or her status as a member of the county board. Includes procedures to replace the chairman. Provides that a vendor wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county, prior to a county board's vote on the contract, any familial relationship between the vendor and specified county officials. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county's expense (limiting home rule powers). Amends the Downstate Forest Preserve District Act. Provides for removal of officers of a forest preserve district board and procedures to replace the officers. Effective immediately. House Floor Amendment No. 2 Provides that a county may deny, suspend, or terminate the eligibility of a person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor of goods or services to the county if such vendor, for contracts greater than $30,000, fails to disclose to the county a familial relationship between a county elected official or county department director and specified individuals of the vendor. Defines "familial relationship". Provides that a contract greater than $30,000 may be be approved or renewed by roll call vote of the county board following a recitation of the name of the county official and the nature of the familial relationship being disclosed. Requires the county board chairperson, county board president, or county executive (rather than the county clerk) to notify newly elected countywide officials elected of the option for an auditor to conduct a transitional audit no later than 10 days (rather than 5 days) after certification of the election results. House Floor Amendment No. 3 Provides that if a county has adopted an ordinance or resolution effective prior to January 1, 2019 that reduces compensation of elected county officials who are receiving pension benefits from the Illinois Municipal Retirement Fund for their service as elected officials of that county to an amount less than other elected county officials who are not receiving such pension benefits for their service as elected officials, then the provisions do not apply to that county.

Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the purpose of the Act. Senate Floor Amendment No. 1 Deletes reference to: 115 ILCS 5/1 Adds reference to: 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 105 ILCS 5/21B-45 105 ILCS 5/21B-80 105 ILCS 5/24-14 from Ch. 122, par. 24-14 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 105 ILCS 5/34-84b from Ch. 122, par. 34-84b Replaces everything after the enacting clause. Amends the School Code. Provides that a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent, as applicable, once for every 5 years an applicant remains employed by a school district. Provides that no school board shall knowingly employ a person or knowingly allow a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. Requires the State Board of Education to conduct random audits of Professional Educator Licensees to verify a licensee's fulfillment of required professional development hours. With regard to the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, provides that if the holder of a license or applicant for a license has been charged with attempting to commit, conspiring to commit, soliciting, or committing certain offenses, first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. Makes other changes. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/34-84b Adds reference to: 105 ILCS 5/10-20.69 new 105 ILCS 5/10-23.12 from Ch. 122, par. 10-23.12 105 ILCS 5/21B-75 105 ILCS 5/22-85 new 105 ILCS 5/22-86 new 105 ILCS 5/24-12 from Ch. 122, par. 24-12 105 ILCS 5/27A-5 105 ILCS 5/34-18.6 from Ch. 122, par. 34-18.6 105 ILCS 5/34-18.61 new 105 ILCS 5/34-85 from Ch. 122, par. 34-85 820 ILCS 40/8 from Ch. 48, par. 2008 820 ILCS 40/9 from Ch. 48, par. 2009 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the School Code. Provides that each school district must adopt and implement a policy addressing sexual abuse investigations. Provides that, except for an educator licensed under the Educator Licensure Article of the Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. Provides that the State Superintendent of Education has the authority to initiate a suspension of or revoke the license of any educator licensed under the Educator Licensure Article of the Code if he or she negligently fails to report an instance of suspected child abuse or neglect. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Superintendent of Education shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. Provides that if a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. Provides that for schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. Provides for the local Children's Advocacy Center's duties and the duties of a school. Provides that if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, a school determines that it needs to interview an alleged victim of sexual abuse to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and must be present during the school's interview. Provides that the Department of Children and Family Services and the appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is completed, which must include information on the outcome of that investigation. Creates the Make Sexual and Severe Physical Abuse Fully Extinct Task Force. Provides for the Task Force's membership, meeting requirements, and duties. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes. Adds an immediate effective date. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.