Sen. Omar Aquino

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 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 Stalking No Contact Order Act. Includes electronic communication in the definition of "contact". Amends the Civil No Contact Order Act. Provides that the court may provide relief in a civil no contact order by restraining the respondent from having any electronic communication with the petitioner. Amends the Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act. Changes the definition of "internet dating service" to remove the qualifier that such services be performed for a fee. Makes a corresponding change to the Dating Referral Services Act.

Amends the Illinois Secure Choice Savings Program Act. Provides that the Act applies to employers with at least one employee, rather than fewer than 25 employees. Provides for automatic increases in contributions. Makes changes regarding penalties for employers who fail, without reasonable cause, to enroll an employee in the Program. Provides that, for purposes of the penalties, the Department of Revenue shall determine total employee count for employers using the annual average from employer-reported quarterly data. Provides that the Department may provide notice regarding penalties in an electronic format to be determined by the Department. Removes a provision stating that penalty provisions shall become operative 9 months after the Illinois Secure Choice Savings Board notifies the Director of Revenue that the Program has been implemented. Makes other changes. House Committee Amendment No. 1 Provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements.

Amends the Election Code. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections only. Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the General Assembly for seats on the Chicago Board of Education. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/34-4.2 Adds reference to: 105 ILCS 5/34-18.67 new 105 ILCS 5/34-18.68 new 105 ILCS 5/34-18.69 new Replaces everything after the enacting clause. Amends the Election Code to provide for the election of the Chicago Board of Education in accordance with specified procedures. Amends the School Code. Provides, on January 15, 2025, for the abolition of the terms of all members of the Chicago Board of Education appointed under specified provisions. Provides for a combination of appointed and elected members and the eventual election of all members. Provides for qualifications of members. Changes eligibility requirements for membership. Specifies the form of nominating petitions for candidates for membership. Changes provisions regarding the appointment of the Inspector General. Adds provisions regarding the creation of districts for election of members and redistricting. Provides that the Chicago Board of Education shall commission an independent review and report of the district's finances. Creates the Chicago Board of Education Diversity Advisory Board and the Chicago Board of Education Non-Citizen Advisory Board. Prohibits the Chicago Board of Education from approving any school closings, consolidations, or phase-outs prior to January 15, 2025. Provides that the Chicago Board of Education may adopt rules necessary to implement the provisions of the amendatory Act. Senate Floor Amendment No. 2 Provides that the terms of specified appointed members end on January 14, 2027 (currently, 2025).

Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice. House Floor Amendment No. 1 Deletes reference to: 730 ILCS 5/3-2-5 Adds reference to: 410 ILCS 305/9 from Ch. 111 1/2, par. 7309 410 ILCS 325/5.5 from Ch. 111 1/2, par. 7405.5 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 730 ILCS 5/5-5-3 720 ILCS 5/12-5.01 rep. Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Repeals the statute creating the offense of criminal transmission of HIV. Makes conforming changes in the AIDS Confidentiality Act, the Illinois Sexually Transmissible Disease Control Act, the Illinois Vehicle Code, the Criminal Code of 2012, and the Unified Code of Corrections. Effective immediately.

Amends the Illinois Insurance Code. Provides that coverage for the diagnosis and treatment of infertility shall be provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. Removes provisions stating that "infertility" means the inability to conceive after one year of unprotected sexual intercourse or the inability to sustain a successful pregnancy. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a policy, contract, or certificate may not impose any exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications, nor may it impose any exclusions, limitations, or other restrictions on coverage of any fertility services based on a covered individual's participation in fertility services provided by or to a third party, nor may it impose deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis of infertility, treatment for infertility, and standard fertility preservation services, except as provided in the Section, that are different from those imposed upon benefits for services not related to infertility. Changes the definition of "infertility" to mean a disease, condition, or status characterized by: a failure to establish a pregnancy or to carry a pregnancy to live birth after 12 months of regular, unprotected sexual intercourse if the woman is 35 years of age or younger, or after 6 months of regular, unprotected sexual intercourse if the woman is over 35 years of age; a person's inability to reproduce either as a single individual or with a partner without medical intervention; or a licensed physician's findings based on a patient's medical, sexual, and reproductive history, age, physical findings, or diagnostic testing.

Amends the Illinois Optometric Practice Act of 1987. Provides that an optometrist licensed under the Act may practice optometry through telehealth as authorized by the Act and the Telehealth Act. Provides that an optometrist treating a patient located in Illinois through telehealth must be licensed under the Act. Provides that an optometrist practicing optometry through telehealth is subject to the same standard of care and practice standards that are applicable to optometric services provided in a clinic or office setting. Provides that an optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient. Provides that an optometrist treating a patient through telehealth must perform a minimum eye examination as required by the Illinois Administrative Code before prescribing eyeglasses or contact lenses to the patient. Provides that if the Department of Financial and Professional Regulation has reason to believe that a person has violated the provisions of the Act, it may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Defines terms. Senate Floor Amendment No. 1 Provides that if there is any conflict between the provisions of the Illinois Optometric Practice Act of 1987 and the provisions of the Telehealth Act, the provisions of the Illinois Optometric Practice Act of 1987 control. Provides that an optometrist may treat a patient through telehealth in the absence of a provider-patient relationship when, in the professional judgment of the optometrist, emergency care is required. Provides that an optometrist treating a patient through telehealth must perform at least a minimum eye examination (rather than must perform a minimum eye examination) before prescribing eyeglasses or contact lenses to the patient.

Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.

Amends the Illinois Public Labor Relations Act. Specifies further requirements for labor unit clarification. Provides that no collective bargaining agreement entered into between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may extend more than 12 months after the date on which the terms of office of executive branch constitutional officers begin (currently, may extend beyond June, 30). Provides an exemption concerning collective bargaining agreements and the increase of salary, wages, or benefits starting on or after the first day of the terms of office of executive branch constitutional officers. Modifies defined terms. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Modifies defined terms. Provides that determinations of confidential employee status, managerial employee status, and supervisor status shall be based on actual employee job duties and not solely on written job descriptions. Removes provisions placing further requirements on the forming of bargaining units by employees and managerial employees. Removes a provision concerning bargaining unit descriptions. Modifies and provides further requirements for the filing of unit clarification petitions. Makes other changes. Effective immediately.