Sen. Elgie Sims

Amends the Compulsory Attendance Article of the School Code. With respect to the exceptions to the compulsory attendance requirement, provides that absence for cause by illness shall include the mental or behavioral health of a student for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence. House Committee Amendment No. 1 Provides that the child, after the second mental health day used, may be referred to the appropriate school support personnel.

Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to annually conduct a sexual misconduct climate survey of all students at the institution. Provides that each institution's sexual misconduct climate survey shall include the Board of Higher Education's base survey. Requires each institution to compile a summary of the results of the sexual misconduct climate survey and submit the summary to the Board, as well as publish the summary on the institution's website. Creates the Task Force on Campus Sexual Misconduct Climate Surveys to develop and recommend to the Board the base survey for distribution to institutions and to provide the Board with any related recommendations regarding the content, timing, and application of the base survey. Sets forth other requirements concerning the Task Force and the sexual misconduct climate survey. Includes penalty provisions. Effective immediately. Senate Floor Amendment No. 1 Provides that the Board of Higher Education may consult with the Office of the Attorney General, as necessary, during the Board's review of complaints submitted by students regarding specific questions on the survey. With respect to violations of the amendatory provisions, provides that the Board of Higher Education may impose a civil penalty not to exceed $50,000 (rather than $150,000) on an institution of higher education. House Committee Amendment No. 1 Adds 4 members of the General Assembly to the membership of the Task Force.

Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 805/5 5 ILCS 805/15 5 ILCS 805/25 new 5 ILCS 805/30 new 5 ILCS 825/10 5 ILCS 825/11 new 5 ILCS 825/20 new 5 ILCS 825/25 new 5 ILCS 825/30 new Replaces everything after the enacting clause. Creates the Illinois Way Forward Act. Amends the Illinois TRUST Act. In a provision concerning prohibition on enforcing federal civil immigration laws, provides that a law enforcement agency or law enforcement official may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official. Provides that a certain provision shall not be construed to limit the ability of a law enforcement agency or law enforcement official to notify a person in the law enforcement agency's custody about that person's right to communicate with consular officers from that person's country of nationality, or facilitate such communication, in accordance with the Vienna Convention on Consular Relations or other bilateral agreements. Provides that a specified provision shall not be construed to limit the ability of law enforcement agencies or officials to request evidence of citizenship or immigration status for specified purposes. Provides that unless otherwise limited by federal law, a law enforcement agency or law enforcement official may not deny services, benefits, privileges, or opportunities to an individual in custody or under probation status, including but not limited to eligibility or placement in a lower custody classification, educational, rehabilitative, or diversionary programs, on the basis of the individual's citizenship or immigration status, the issuance of an immigration detainer or civil immigration warrant against the individual, or the individual being in immigration removal proceedings. Provides that unless presented with a federal criminal warrant, or otherwise required by federal law, a law enforcement agency or official may not perform specified actions. Provides that law enforcement agencies shall submit a report annually to the Attorney General to ensure compliance with the Illinois TRUST Act. Provides that the Attorney General has enforcement powers to ensure compliance with the Illinois TRUST Act. Amends the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Makes similar changes. Provides for training officials to ensure compliance with this Act. Makes other changes. Defines terms. Contains a severability provision. Effective immediately. Senate Floor Amendment No. 2 Further amends the Illinois TRUST Act. In a provision concerning legislative purpose, provides that the changes made to the definitions of immigration detainer and civil immigration warrant (formerly "non-judicial immigration warrant") by a specified provision of this amendatory Act of the 102nd General Assembly are declarative of existing law. Provides that nothing in this Act shall prevent a law enforcement officer from contacting another law enforcement agency for the purposes of clarifying or confirming the civil or criminal nature of notifications or other records provided by the National Crime Information Center, or the Law Enforcement Agencies Data Administrative System. Adds to definitions of "law enforcement official" and "immigration detainer". Deletes the definition of "non-judicial immigration warrant". Defines "citizenship or immigration status", "civil immigration warrant", "contact information", and "immigration agent".

Amends the Motor Vehicle Franchise Act. Provides that the sale of motor vehicles by unlicensed dealers shall be prohibited (rather than should be prevented). Changes the manner in which dealers are reimbursed by manufacturers. Provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services. Authorizes the use of agreed upon time guides. Applies to warranty work and factory recalls. Establishes a manner of determining effective labor rates.

Amends the Deferred Compensation Article of the Illinois Pension Code. In a provision concerning automatic enrollment in the deferred compensation plan for employees under the General Assembly, State Employee, or Judges Article, provides that the Illinois State Board of Investment may increase the default percentage amount of compensation deferred into employee accounts. Provides that any agency with employees subject to automatic enrollment must systematically provide the employee data necessary for enrollment to the Department of Central Management Services or its designee. Includes any applicable earnings, investment fees, and administrative fees in the refund of amounts deferred for an employee who elects to withdraw from the plan within 90 days of enrollment. Provides that the Board shall establish annual, automatic increases to employee contribution rates for employees who are automatically enrolled in the deferred compensation plan. Provides that the amount of automatic annual increases to employee contribution rates in any 12-month period shall not exceed 1% of compensation. Provides that employees may elect to not receive automatic annual increases in a manner described by the Board. Makes other changes. Effective July 1, 2021.

Amends the Illinois Public Accounting Act. Provides that the Board of Examiners shall certify applicants who successfully complete all portions of the examination and verify completion of 150 semester credit hours. Provides that beginning January 1, 2023, an applicant for the examination shall be required to present proof of 120 college or university semester hours of study or other academic credit unit equivalent. Provides that applicants shall receive certification by the Board upon successful passage of all sections and requirements of the Uniform Certified Public Accountant Examination and verification of completion of educational requirements as determined by rule. Provides that the amendatory Act shall not be construed to invalidate any certificate issued before the effective date of the amendatory Act. Defines the term "exam certificate". Changes references from "certificate" to "certification" and makes corresponding and other changes.

Amends the Health Care Worker Background Check Act. Provides that "health care employer" includes the Department of Corrections or a third-party vendor employing certified nursing assistants working with the Department of Corrections. Effective immediately.

Amends the Supreme Court Act. Makes a technical change in a Section concerning the powers of the Court. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 5/7 Adds reference to: 705 ILCS 405/2-28 from Ch. 37, par. 802-28 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that at the permanency hearing, the permanency goals shall include that the guardianship of the minor will be transferred to an individual or couple on a permanent basis provided that the permanency goals have been deemed inappropriate and not in the child's best interests (rather than ruled out). Provides that adoption and guardianship must be discussed with the current caregiver prior to selecting the guardianship goal. Provides that the court shall confirm that the Department of Children and Family Services has discussed adoption, if appropriate, and guardianship with the caregiver prior to changing a goal to guardianship. Effective immediately.

Amends the Unified Code of Corrections. Provides that the grounds accorded weight in favor of withholding or minimizing a sentence of imprisonment include that the defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Provides that circumstances to be considered in assessing this factor in mitigation include: (1) the likelihood that the child will be adjudged a dependent minor and declared a ward of the court under the Juvenile Court Act of 1987; and (2) the best interest of the child.

Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that each State agency shall establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and persons under specified employment plans. Provides that each State agency shall use in the interview process, if possible, persons that are representative of specified persons if the interview being conducted meets specified criteria. Requires each State agency to submit an annual report to the Department of Central Management Services. Provides for the content of the report.