Rep. Dan Caulkins

Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2022, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately.

Amends the Retailers' Occupation Tax Act. Provides that a "marketplace facilitator" does not include a person licensed under the Auction License Act, except for an Internet auction listing service, as defined in the Auction License Act. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 Replaces everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Effective immediately.

Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately. House Committee Amendment No. 2 Deletes language providing that a person against whom there has been a finding of abuse, neglect, or exploitation of the principal, a child, an elderly individual, or a person with a disability is disqualified from acting as a supporter. Instead disqualifies a person who is listed on the Health Care Worker Registry maintained by the Department of Public Health as ineligible to work. Deletes language providing that a person against whom the principal has obtained an order of protection is disqualified from acting as a supporter. Instead disqualifies an individual who is the subject of a civil or criminal order prohibiting contact with the principal. Deletes language providing that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Senate Committee Amendment No. 1 Allows a supporter in a supported decision-making agreement to ascertain the wishes and decisions of the principal in order to advocate that the wishes and decisions of an individual with disabilities are implemented (rather than "ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented"). Requires the Guardianship and Advocacy Commission to develop training and education materials for both principals and supporters. Provides that the Act is effective 6 months after becoming law (rather than immediately).

Amends the Counties Code. Provides that, if a majority of the county board, by resolution, declares there to be a conflict of interest between the State's Attorney and the county board, the county board may, for civil matters involving the county board, notify the Attorney General, or hire outside legal counsel, to represent the county board while the conflict of interest remains. Amends the Attorney General Act. Provides that, when notified by a county board that the county board has declared a conflict of interest between the State's Attorney and the county board, the Attorney General, or his or her designee, shall appear for and represent the county board in civil matters involving the county board until such time that the county board notifies the Attorney General that the conflict of interest no longer remains. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 15 ILCS 205/4f new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that the county board must petition the circuit court to authorize the hiring of outside legal counsel to represent the county board while the conflict of interest remains with the State's Attorney; and removes provisions allowing the Attorney General to represent the county board while the conflict of interest remains. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 55 ILCS 5/5-1186 new Adds reference to: 55 ILCS 5/3-9008 from Ch. 34, par. 3-9008 Replaces everything after the enacting clause. Amends the Counties Code. The court on its own motion, or an interested person in a cause, proceeding, or other matter, civil or criminal, (rather than only in a cause or proceeding, civil or criminal) may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding. Makes conforming changes. House Floor Amendment No. 1 Changes "other matter" to "other matter arising under the State's Attorney's duties". Makes other conforming changes.

Amends the School Code. Makes changes to provisions relating to a school district's policy addressing the sexual abuse of children. Provides that the policy must be adopted and implemented by no later than July 1, 2022. Provides that the policy shall (rather than may) include an age-appropriate and evidence-based curriculum (rather than age-appropriate curriculum) for students in pre-K through 12th (rather than 5th) grade. Requires a school district to include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors to school authorities. Sets forth what the policy must address. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the school district shall include in its policy and any relevant training materials a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors (instead of how to report these behaviors to school authorities). Makes conforming changes. Makes changes to provisions concerning the required policies addressing sexual abuse. Provides that a school district must provide training for school personnel on specified child sexual abuse and grooming behaviors no later than January 31 of each year. Effective immediately. Senate Floor Amendment No. 2 Adds the definition of "grooming".

Amends the Unified Code of Corrections. Provides that if the court finds that an offender sentenced to a term of imprisonment for a felony meets the eligibility requirements of the Department of Corrections, the court may in its sentencing order approve the offender for placement in the impact incarceration program and the Department shall accept the offender in the program (rather than the Department must consent to the offender's acceptance in the program). House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. In a provision concerning impact incarceration, deletes references to "incarceration". Provides that to participate in the program, the person must be physically able to participate in physical activities (rather than strenuous physical activities or labor). Provides that the program shall include community service activities, cognitive behavioral programming, life skills, and reentry planning, in addition to other requirements. Deletes certain program requirements including mandatory physical training and labor, military formation and drills, regimented activities, and uniformity of dress and appearance. Extends the participation period from a range of 120 to 180 days to a range of one year to 18 months. Provides that a committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation. Provides that the Department of Corrections shall advocate for the impact program and the Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.

Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2023 to January 1, 2030. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.40 Adds reference to: 225 ILCS 85/9.5 225 ILCS 85/17.1 Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. Provides that beginning January 1, 2024 (rather than January 1, 2022), it shall be the joint responsibility of a pharmacy and its pharmacist in charge to ensure that all new pharmacy technicians are educated and trained using a standard nationally accredited education and training program. Makes a corresponding change in provisions concerning the qualifications for licensure of a registered certified pharmacy technician. Effective immediately.

Amends the State Commemorative Dates Act. Provides that the second day of April of each year is a holiday to be known as Autism Awareness Day to be observed throughout the State as a day to promote the awareness of autism. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Autism Awareness Day as a holiday. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/1-6 30 ILCS 500/15-45 105 ILCS 5/24-2 205 ILCS 630/17 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Awareness Week (rather than designated as a holiday to be known as Autism Awareness Day) to be observed throughout the State as a week to promote the awareness of autism and to encourage school districts, organizations, businesses, and local residents to support this week and participate in informed educational events planned to commemorate the occasion. Removes provisions creating Autism Awareness Day as a holiday. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Acceptance Week (rather than Autism Awareness Week). Makes conforming changes.

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately. House Floor Amendment No. 2 Adds reference to: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Downstate Teacher Article of the Illinois Pension Code. In a provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6%, excludes salary increases resulting from teaching summer school on or after May 1, 2021 and before September 15, 2022. Effective immediately. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1646, as amended by HA 2, would reopen a window for teachers to apply for optional service credit for work done in approved private schools as teachers and administrators. The Teachers' Retirement System reports having 3,463 members who have applied for this private school credit in previous window openings, as described below. TRS estimates that the fiscal impact of this bill would be low, as the member must pay both the member and employer contributions, plus the actuarially assumed rate of interest to take advantage of this credit. The fiscal impact to TRS as a result of exempting summer school teaching from the 6% Final Average Salary Cap is unknown, as it is not known how many teachers would accrue pensionable salary in excess of 6% from the previous school year with the same employer via summer school teaching rendered between May 1, 2021 and September 15, 2022. Fiscal Note, House Floor Amendment No. 2 (Teachers Retirement System) Actuarial cost impact. SB 1646 as amended would have an unknown impact to TRS. Changes allowing optional service purchase under the bill are designed to be fully paid for by the related member contributions. Changes in required school district contributions would likely create some additional cost to the State of Illinois, but the total cost cannot be calculated without knowing the actual behavior of individual school districts and employees. Administrative cost impact. Administering the provisions of this bill would not increase the administrative costs ofTRS.