Sen. Elgie Sims

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Creates the Student Online Personal Protection Act of 2019. Provides for legislative intent and definitions. Provides for operator prohibitions, operator duties, school authority prohibitions, school authority duties, State Board of Education duties, and parent rights. Creates the Student Data Protection Oversight Committee and provides for the Committee's membership and support. Requires the Committee to submit an annual report to the General Assembly and the State Board of Education with recommendations, if any, for policy revisions and legislative amendments that would carry out the intent of the Act. Amends the Illinois School Student Records Act. Adds a definition of record. Requires written consent of a student's parent to publish student directories that list student names, addresses, and other identifying information and similar publications. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Repeals the Student Online Personal Protection Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act 105 ILCS 10/2 105 ILCS 10/6 105 ILCS 85/Act rep. 815 ILCS 505/2Z Adds reference to: 105 ILCS 85/5 105 ILCS 85/10 105 ILCS 85/15 105 ILCS 85/26 new 105 ILCS 85/27 new 105 ILCS 85/28 new 105 ILCS 85/33 new Replaces everything after the enacting clause. Amends the Student Online Personal Protection Act. Defines "breach", "longitudinal data system", "parent", and "student". Adds to an operator's duties. Provides for school prohibitions and duties and the State Board of Education's duties. Provides for parent and student rights. Makes other changes. Effective July 1, 2021. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 85/30 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Changes the definition of "breach". Adds and makes changes to an operator's duties and a school's duties. Provides that at least once (rather than twice) annually, the State Board of Education must publish and maintain on its website a list of all of the entities or individuals that the State Board contracts with or has agreements with and that hold covered information and a copy of each contract or agreement. Provides that the Student Online Personal Protection Act does not prohibit an operator or school from producing and distributing, free or for consideration, student class photos and yearbooks to the school, students, parents, or individuals authorized by parents and to no others, in accordance with the terms of a written agreement between the operator and the school. Effective July 1, 2021. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Provides that certain information that is required to be posted on a school's website must be made available at a school's administrative office for inspection by the general public if the school does not maintain a website. Provides that a school may omit from its list of breaches of covered information any breach in which the date, estimated date, or estimated date range in which it occurred is earlier than July 1, 2021 or any breach previously posted on a list no more than 5 years prior to the school updating the current list. Provides that a notice of breach may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the school with a written request for a delay of notice. Allows the State Board of Education to share, transfer, disclose, or provide covered information to its employees or officials acting within their official capacity. Removes a provision stating that a student's covered information is the sole property of the student's parent. Makes changes to a parent's and student's rights. Makes other changes. Effective July 1, 2021.

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 Illinois Administrative Procedure Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 100/1-1 from Ch. 127, par. 1001-1 Adds reference to: 30 ILCS 105/6z-59 35 ILCS 200/15-55 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that the amount paid to the Will County Treasurer from the Tax Recovery Fund to compensate taxing districts for the loss of revenue on real property in Will County that is owned by the State of Illinois for the purpose of developing an airport shall be based on the amount of taxes that would have been extended for the current tax year for the exempt parcel if the parcel had been owned by a person whose property is not exempt (currently, the amount of leasehold taxes extended for the 2002 property tax year). Amends the State Finance Act to provide that compensation from the Tax Recovery Fund shall continue through December 31, 2030 (currently, December 31, 2020). Effective immediately. House Floor Amendment No. 2 Makes changes to the engrossed bill to provide that the State is not required to pay compensation from the Tax Recovery Fund in excess of the lesser of (i) the Fund's balance or (ii) $600,000 in any tax year (currently, in excess of the Fund's balance).

Amends the Consumer Fraud and Deceptive Business Practices Act in relation to the dissemination of criminal record information. In provisions making it an unlawful practice for a person or entity that publishes for profit a person's criminal record information to fail to correct an error in the individual's criminal record information under specified circumstances, provides that those provisions also apply to other dissemination of the information and to publication in a criminal history report. Provides that nothing in the Act shall be construed to restrict or limit the ability of an aggrieved party to proceed through established federal or State remedies or other alternative methods of redress for similar offenses. Senate Floor Amendment No. 2 Adds reference to: 815 ILCS 505/11a from Ch. 121 1/2, par. 271a Replaces everything after the enacting clause with contents of the bill as introduced except that the provision relating to the construction of the Act not restricting or limiting the ability to seek other remedies for similar offenses is changed to refer to similar violations rather than offenses. Makes a technical change. Senate Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/11a Removes provision regarding construction of the Act and providing that the Act does not restrict the ability to seek alternative remedies.

Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.

Amends the Public Community College Act. Requires the Illinois Community College Board to establish and administer a manufacturing training grant program. Provides that to qualify for a grant, a community college district and a public high school located in that district must jointly establish a collaborative regional partnership with workforce development organizations, regional economic development organizations, and economic development officials in the district, along with manufacturers, healthcare service providers, and innovative technology businesses that have a presence in the district, to provide a manufacturing training program. Requires a grant recipient to provide the Board with a plan that meets certain requirements. Requires the Board to establish an advisory board for the program; sets forth the membership and duties of the advisory board. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the Illinois Community College Board shall establish and administer a 21st Century Employment grant program (rather than a manufacturing training grant program). Provides that in awarding grants under the program, the Board must give priority to plans that demonstrate a formal articulation agreement between a public high school and a community college district. Provides that the plan must support a seamless transition into higher education and career opportunities and must outline the college credit and on-the-job training hours that will transfer from the high school to a community college. Adds to the membership of the advisory board. Makes other changes. Senate Floor Amendment No. 2 Makes the 21st Century Employment grant program subject to appropriation.

Amends the State Comptroller Act. Creates the Illinois Bank On Initiative to increase the use of Certified Financial Products and reduce reliance on alternative financial products. Provides that the Illinois Bank On Initiative shall be administered by the Comptroller, and the Comptroller shall be responsible for specified ongoing activities of the Initiative. Creates the Illinois Bank On Initiative Commission and provides for membership of the Commission. Provides for requirements and duties of the Commission. Requires the Comptroller and the Commission to annually prepare and make available on the Controller's website a report concerning the progress of the Illinois Bank On Initiative. Provides that the Comptroller may adopt rules necessary to implement provisions concerning the Illinois Bank On Initiative and Commission. Defines terms. Effective immediately. Senate Floor Amendment No. 2 Modifies the membership requirements of the Illinois Bank On Initiative Commission. Modifies the definition of "Certified Financial Product" and defines "financial institution".

Amends the Care of Students with Diabetes Act. Provides that a school may maintain a supply of glucagon medication in any secure location that is accessible before, during, or after school where a student is most at risk, including, but not limited to, a classroom or the nurse's office; defines "glucagon medication" and "undesignated glucagon medication". Provides that a physician, a physician assistant who has prescriptive authority, or an advanced practice registered nurse who has prescriptive authority may prescribe undesignated glucagon medication in the name of the school to be maintained for use when necessary. Allows a delegated care aide to carry undesignated glucagon medication. Provides that within 24 hours after the administration of undesignated glucagon medication, a school must notify the school nurse and the student's parent or guardian or emergency contact, if known, and health care provider of its use. Effective immediately. House Committee Amendment No. 1 Removes the definition of "glucagon medication". Changes the definition of "undesignated glucagon medication" to "undesignated glucagon"; makes conforming changes. Removes a provision allowing a delegated care aide to carry undesignated glucagon on his or her person while in school or at a school-sponsored activity. Allows a school to maintain a supply of glucagon in any secure location that is immediately accessible to a school nurse or delegated care aide (rather than in any secure location that is accessible before, during, or after school where a student is most at risk). Provides that a school nurse or delegated care aide may administer undesignated glucagon if he or she is authorized to administer the undesignated glucagon through a student's diabetes care plan and if the student's prescribed glucagon is not available on-site or has expired. Provides that immediately (rather than within 24 hours) after the administration of undesignated glucagon, a school must notify the school nurse (unless the school nurse was the one administering it) and the student's parent or guardian or emergency contact, if known, and health care provider of its use.

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the amendatory Act and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense of the consequences of the defendant's plea, if an alien, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.