Rep. Sue Scherer

Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, removes the requirement that anesthetics be provided by a dentist licensed under the Illinois Dental Practice Act and changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, requires coverage for anesthetics provided by a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 and changes the age of the individual for which treatment shall be covered to under age 26 (rather than under age 19). House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19).

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.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that those who draw blood from children and adults with intellectual and developmental disabilities are trained, at least once every 3 years, in the most current method of drawing blood from children and adults with developmental and intellectual disabilities. Provides that the training shall focus on drawing blood in a safe manner that is as comfortable as possible. Requires the Department to ensure that those facilities and providers review their training program at least once within each 3-year period to ensure that the training includes the most current methods available of drawing blood from children and adults with intellectual and developmental disabilities that is safe and comfortable for them and their families. Requires the Department to ensure that by July 1, 2020 all medical facilities are equipped to draw blood from children and adults with intellectual and developmental disabilities using finger-prick equipment, hemoglobin testing equipment, and all other related equipment that can be adapted to serve patients with intellectual and developmental disabilities. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. Provides that the materials shall conform to the best available practices used for drawing blood in a safe manner that is as comfortable as possible for the individual from whom blood is drawn and for the families, guardians, caretakers, or companions of the individual accompanying him or her while blood is drawn. Provides that the Department shall review the materials every 3 years to ensure that they conform with the best available practices. Provides that the Department shall ensure that health care providers and laboratories that employ a phlebotomist incorporate the training as part of a phlebotomist's initial employment training and as part of any ongoing training to maintain competencies and certifications as a phlebotomist. Defines "phlebotomist". House Floor Amendment No. 1 Removes language requiring the Department to develop training materials. House Floor Amendment No. 2 Defines "phlebotomist" as a person specifically trained to draw blood for diagnostic purposes in a health care setting (rather than a person who is certified to draw blood for diagnostic testing, transfusion, research, or blood donation). Exempts nonprofit blood banks or the affiliated laboratories of nonprofit blood banks from the provisions.

Amends the School Code. Provides that in fixing the salaries of teachers, a school board shall pay those who serve on a full-time basis a rate not less than (i) $32,076 for the 2020-2021 school year, (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 school year. Provides that the minimum salary rate for each school year thereafter, subject to review by the General Assembly, shall equal the minimum salary rate for the previous school year increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index For All Urban Consumers for all items published by the United States Department of Labor for the previous school year. Fiscal Note (State Board of Education) HB 2078 is estimated to increase the Regionalized Adequacy Target for school districts in the Evidence-Based Funding calculations by approximately 0.5%, at minimum, in the first year based on fiscal year 2019 Evidence-Based funding calculations. HB 2078 will increase the funding gap to adequacy. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State mandate. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change: provides that, on or before January 31, 2020, the Professional Review Panel must submit a report to the General Assembly on how State funds and funds distributed under the evidence-based funding formula may aid the financial effects of the changes made by the amendatory Act.

Creates the Re-Entering Citizens Civics Education Act. Provides that the Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of the State to teach civics to soon-to-be released citizens who will be re-entering society. Provides for the curriculum and eligibility for the program. Provides that the program shall be taught by peer educators who are citizens incarcerated in the Department of Corrections and the Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Provides that the nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators. Provides that the Department of Corrections shall adopt rules to carry out the Act within 6 months after the effective date of the Act. Provides that the funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. Contains provisions regarding funding for the program. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the civic education program must be offered by the Department of Corrections and the Department of Juvenile Justice to prisoners scheduled to be discharged within 12 months (rather than 6 months). Provides that established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. Provides that the Department of Corrections and the Department of Juvenile Justice should aim to include the peer reeducation workshop in conjunction with other pre-release procedures and movements. Adds references to "or superintendents" wherever "wardens" appear in the engrossed bill.

Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest that result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2630/5.2 Deletes the amendatory changes to the Criminal Identification Act that relate to sealing of records of arrest or charges not initiated by arrest that result in an order of supervision or conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft committed against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, criminal abuse or neglect of an elderly person or a person with a disability, or a similar provision of a local ordinance.

Amends the School Code. Requires the State Board of Education to develop a work-based learning database to help facilitate relationships between school districts and businesses and expand work-based learning in this State; defines "work-based learning". Effective immediately. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note (State Board of Education) HB 2868 is estimated to have a fiscal impact of $180,000 on the General Revenue Fund budget for the Illinois State Board of Education for the first year of developing a work-based learning-database. This estimate assumes collaboration with other state agencies and partners to implement and does not factor in any costs associated with their specific database needs. It is estimated that the Illinois State Board of Education will have a $90,000 fiscal impact in the out years for maintenance of the database.

Amends the Charter Schools Article of the School Code. Provides that, no later than one year after the effective date of the amendatory Act, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. Provides that, no later than one year after the effective date of the amendatory Act or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Acts, and compliance with education and labor law. Provides that in each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in those same areas.

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the introduced bill with the following changes: defines the terms "casino employer" and "hotel employer"; provides for the utilization of a safety device rather than a panic button; requires time off to be granted to file criminal complaints rather than sign police complaints; removes requirement that anti-harassment policies be posted in Polish; limits economic damage awards to $350 per incident; deletes the home rule preemption; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020. Senate Floor Amendment No. 2 Adds a definition. Defines the term "sexual assault" to mean: (1) an act of sexual conduct, as defined in Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. House Floor Amendment No. 1 Adds reference to: New Act 5 ILCS 140/7.5 20 ILCS 2105/2105-15 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/2-109 new 775 ILCS 5/2-110 new 775 ILCS 5/7-109.1 from Ch. 68, par. 7-109.1 775 ILCS 5/7A-102 from Ch. 68, par. 7A-102 775 ILCS 5/8-109 from Ch. 68, par. 8-109 775 ILCS 5/8-109.1 new 820 ILCS 180/5 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 5 ILCS 420/4A-101.5 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106 5 ILCS 420/4A-106.5 new 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 430/5-10.5 5 ILCS 430/20-5 5 ILCS 430/20-10 5 ILCS 430/20-50 5 ILCS 430/20-63 new 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-50 5 ILCS 430/25-63 new 5 ILCS 430/70-5 25 ILCS 170/4.7 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Creates the Workplace Transparency Act. Limits the terms of employment agreements that restrict specified employee rights with respect to allegations of unlawful conduct. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Division of Professional Regulation of the Department of Financial and Professional Regulation must exchange information with the Department of Human Rights regarding recommendations received regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Division of Professional Regulation. Amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; employer disclosure requirements, and bar and restaurant sexual harassment policies and prevention training. Makes a corresponding change in the Freedom of Information Act. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. Amends the Victims' Economic Security and Safety Act. Defines "gender violence" and makes the Act applicable in instances of gender violence. Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act to require annual participation in harassment and discrimination prevention training. Further amends the State Officials and Employees Ethics Act. Makes changes concerning: rights of persons subjected to discrimination, harassment, or sexual harassment; jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General, and the Legislative Ethics Commission; complaint process, reporting, and independent review of allegations of sexual harassment made against an elected official; and other matters. Contains severability language. Effective January 1, 2020, except (i) the Hotel and Casino Employee Safety Act takes effect July 1, 2020; and (ii) the changes to the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, and the Lobbyist Registration Act take effect immediately.

Amends the Suicide Prevention, Education, and Treatment Act. Makes changes concerning the findings of the General Assembly. Creates the Office of Suicide Prevention within the Department of Public Health for the purpose of implementing the Act. Requires the Office of Suicide Prevention, in consultation with the Illinois Suicide Prevention Alliance, to submit an annual report to the Governor and General Assembly on the effectiveness of the activities and programs undertaken under the Illinois Suicide Prevention Strategic Plan that includes any recommendations for modification to Illinois law to enhance the effectiveness of the Plan (instead of an annual report by the Illinois Suicide Prevention Alliance). Changes what shall be contained in the Plan. Provides that the Office of Suicide Prevention (in addition to the Department) shall provide technical assistance to the Illinois Suicide Prevention Alliance and implement a general awareness and screening program. Provides that the program shall include an annual statewide suicide prevention conference. Removes provisions requiring the Department to establish 5 suicide prevention pilot programs relating to youth, elderly, special populations, high-risk populations, and professional caregivers. Provides that the Office of Suicide Prevention shall establish programs that are consistent with the Plan. Effective July 1, 2019. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 2310/2310-455 new Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Creates the Office of Suicide Prevention within the Department of Public Health. Provides that the duties of the Office of Suicide Prevention shall include, but shall not be limited to: (1) coordinating suicide prevention, intervention, and postvention programs, services, and efforts statewide; (2) developing and submitting proposals for funding from federal agencies or other sources of funding to promote suicide prevention and coordinate activities; (3) with input from the Illinois Suicide Prevention Alliance, preparing the Illinois Suicide Prevention Strategic Plan and coordinating the activities necessary to implement the recommendations in that Plan; (4) with input from the Illinois Suicide Prevention Alliance, providing an annual report to the Governor and General Assembly; and (5) providing technical support for the activities of the Illinois Suicide Prevention Alliance. Corrects a typographical error. Senate Floor Amendment No. 2 Deletes reference to: 410 ILCS 53/10 410 ILCS 53/11 new Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Provides that the Department of Public Health shall (rather than may) implement specified activities associated with the Suicide Prevention, Education, and Treatment Act. Removes language creating the Office of Suicide Prevention and instead, where applicable, replaces references to the Office with references to the Department. Makes a technical change to the legislative findings. Provides that the bill is effective immediately (rather than on July 1, 2019).