Rep. Dee Avelar

Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive sex education requirements for course materials and instruction, requires the State Board of Education to post on its website comprehensive sex education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive personal health and safety education requirements for course materials and instruction, requires the State Board of Education to post on its website personal health and safety education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) HB 1736 (H-AM 1) does not create a State Mandate. Fiscal Note, House Committee Amendment No. 1 (State Board of Education) HB 1736 (H-AM 1) includes new requirements for the State Board of Education (Board) and school districts that will have a fiscal impact. This fiscal impact estimate only addresses known or estimated costs for the Board and not PreK-12 public school districts, other State agencies or other entities impacted by the amendments. The Board is tasked with adopting sex education standards by July 1, 2022, develop and maintain sex education resources, and provide technical assistance to school district as needed. ISBE anticipates needing to hire additional staff to implement the requirements of HB 1736 (H-AM 1). ISBE estimates the cost of implementing this amendment will be $1.45m in years 1 and 2 and $100,000 in future years.

Creates the Equitable Access to Electronic Literature Act. Provides that any publisher who offers a contract or license for electronic literary product acquisition to the public shall offer to license the electronic literary product to libraries, if purchased with public funds, on reasonable terms and under reasonable technological protection measures that will permit libraries to provide their patrons with access to the electronic literary products. Provides that a contract or license shall not restrict a library's right or ability to loan or circulate electronic books and digital audiobooks in specified ways. Provides that a person who violates the provisions of the Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2023.

Amends the Pawnbroker Regulation Act. Clarifies that it shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than permitted under the Predatory Loan Prevention Act. Amends the Predatory Loan Prevention Act. Provides that the definition of "loan" includes transactions subject to the Pawnbroker Regulation Act. Provides that it is a violation of the Act for any person or entity to solicit, broker, or otherwise engage in any other activity intended to facilitate or result in, or that in fact facilitates or results in, the origination of a loan that violates the Act. Provides that it is a violation of the Act for any person or entity to advertise or cause to be advertised a loan that violates the Act. Provides that a violation of the Act by a person or entity licensed under the Pawnbroker Regulation Act shall subject the person or entity to discipline in accordance with that Act. Makes other changes. Effective June 1, 2023.

Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a "designated representative" means a person or entity (currently, person only) who is authorized to act on behalf of a "designated beneficiary". Provides that a person or entity seeking to open an ABLE account on behalf of a designated beneficiary must provide certification, subject to penalties of perjury, of the basis for the person's or entity's authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Provides that the State Treasurer may require any certifications that he or she deems necessary to implement the ABLE program, including oaths or affirmations made under penalties of perjury. Defines "Internal Revenue Code". Effective immediately.

Declares March 15, 2022 as Equal Pay Day.

Amends the Messages Tax Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 35 ILCS 610/15 from Ch. 120, par. 467.15 Adds reference to: 35 ILCS 5/225 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Increases the maximum amount of the credit for instructional materials and supplies from $250 for taxable years beginning prior to January 1, 2023 to $300 for taxable years beginning on or after January 1, 2023. Effective immediately.

Amends the State Commemorative Dates Act. Provides that the 16th day of July of each year is designated a commemorative holiday to be known as Atomic Veterans Day and to be observed throughout the State as a day in honor and remembrance of the men and women of this Nation who during their time of service experienced exposure to nuclear radiation while on active duty and served so valiantly in the cause of freedom.

Creates the Tenant Protection Act. Provides that a landlord may increase the rent no more than once every 12 months, by an amount no greater than the percentage change in the Consumer Price Index for the same 12-month period or 3%, whichever is lower. Creates the Residential Rental Registry and requires a landlord to pay a rental registry fee. Requires a landlord to register all dwelling units with the Illinois Housing Development Authority by January 15th of each year. Creates the Right to Counsel Program and directs the Administrative Office of the Illinois Courts to contract with or enter a memorandum of agreement with an administering entity to administer the Right to Counsel Program. Creates the Small Rental Property Owner Repairs and Improvement Fund and provides that money in the Fund shall be used by the Illinois Housing Development Authority to provide financial support in the form of grants, zero-interest loans, or low-interest loans to owners with no more than 12 dwelling units. Provides that a landlord found liable for charging rent in excess of the Act shall pay the prevailing tenant damages. Creates the Tenant Bill of Rights, with provisions governing exclusions, the identification of an owner and agent, a landlord's right of access, prohibited harassment, required notices, a landlord's responsibility to maintain, a tenant's remedies, security deposits, notification of foreclosure actions, and the prohibition of retaliatory conduct by a landlord. Amends the Illinois Income Tax Act. Provides for a rental property capital improvement credit. Amends the Code of Civil Procedure. Adds provisions governing the refusal to renew and the termination of a tenancy for other good cause. Removes a provision regarding the notice to terminate a tenancy for less than a year. Makes other changes. Makes conforming changes in the State Finance Act and the Condominium Property Act. Repeals the Rent Control Preemption Act. Effective immediately.

Amends the Property Tax Code. Provides that, if property qualifies for the senior citizens homestead exemption, but the property owner fails to apply for the exemption during the application period, then the property owner may apply to any or all of the taxing districts in which the property is located to receive a refund of that taxing district's share of the excess property taxes extended against the property as a result of the failure to apply the exemption. Effective immediately.

Amends the School Visitation Rights Act. Provides that an employer that terminates an employee for absences to attend school conferences is liable in a civil action for damages resulting to the employee. Imposes upon the employer the burden of proof to demonstrate that termination is not related to an employee's absence for attendance at a school conference, behavioral meeting, or academic meeting. Effective August 1, 2021.