Sen. Omar Aquino

Amends the Grow Your Own Teacher Education Act. Makes changes to the definitions of "cohort", "eligible school", and "hard-to-staff school", and defines "dual credit course". Provides that Grown Your Own Illinois (rather than the Board of Higher Education) shall administer the Grow Your Own Teacher Education Initiative as a grant competition to fund consortia that will carry out Grow Your Own Teacher preparation programs. In provisions concerning selection of grantees, provides that the Board of Higher Education shall, subject to appropriation, allocate funds to Grow Your Own Illinois for the purpose of administering the program and awarding grants under the Act (rather than requiring the Board of Higher Education to award grants under the Act). Removes the language providing that the consortium shall consider whether a candidate has experienced an interruption in his or her college education when recruiting potential candidates for the program. Provides that, subject to the requirements under the Dual Credit Quality Act, an institution of higher education may offer a high school student a dual credit course under the program. Provides that the Board of Higher Education may not adopt rules regarding candidate eligibility that are more restrictive than those in the Act. Makes conforming changes. Effective immediately.

Amends the Counties Code. Changes definitions of "population" to be the total number of inhabitants according to the last preceding federal decennial census (rather than number of inhabitants or number of persons). Amends the Illinois Municipal Code. Adds a definition of "population" in the general definition Section.

Makes appropriations to the Department of Commerce and Economic Opportunity for the 2020 federal decennial census of population.

Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1B-22 Adds reference to: 105 ILCS 5/10-21.3a 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6a from Ch. 122, par. 10-22.6a 105 ILCS 5/13A-11 105 ILCS 5/22-60 105 ILCS 5/26-2a from Ch. 122, par. 26-2a 105 ILCS 5/Art. 26A heading new 105 ILCS 5/26A-1 new 105 ILCS 5/26A-5 new 105 ILCS 5/26A-10 new 105 ILCS 5/26A-15 new 105 ILCS 5/26A-20 new 105 ILCS 5/26A-25 new 105 ILCS 5/26A-30 new 105 ILCS 5/26A-35 new 105 ILCS 5/26A-40 new 105 ILCS 5/26A-45 new 105 ILCS 5/26A-50 new 105 ILCS 5/26A-55 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.24 105 ILCS 10/5 from Ch. 122, par. 50-5 30 ILCS 805/8.43 new Replaces everything after the enacting clause. Amends the School Code. Creates the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article. Defines terms. Requires the State Board of Education to create the Ensuring Success in School working group to advise the State Board on the implementation, monitoring, and evaluation of the Article by schools and school districts, including the development of policies, procedures, and protocols to be implemented by schools and school districts; provides for the working group's membership. Every 2 years, requires each school district to review all existing policies and procedures and revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of gender-based violence or any policies or procedures that may compromise a criminal investigation relating to gender-based violence or may re-victimize the youth. On or before July 1, 2020, requires each school district to adopt one procedure to resolve complaints of alleged incidents of student-perpetrated, gender-based violence; specifies procedure requirements. Requires each school district to adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of gender-based violence provided to or otherwise obtained by the school district or its employees or agents shall be retained in the strictest confidence by the school district or its employees or agents. Requires each school district to designate or appoint at least one staff person at each school in the district who is employed at least part-time at the school and who is a school social worker, school psychologist, school counselor, school nurse, school teacher, or school administrator trained to address, in a culturally responsive, confidential, and sensitive manner, the needs of youth who are parents, expectant parents, or victims of gender-based violence; specifies the staff person's duties. Provides that a student who is a victim of gender-based violence must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. Makes other changes. Amends the Illinois School Student Records Act to provide that all information concerning a student's status and related experiences as a parent, expectant parent, or victim of gender-based violence must be retained by the school in the strictest confidence. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.

Amends the Illinois Vehicle Code. Provides that, in addition to other penalties imposed for a violation of provisions concerning operation of a vehicle while approaching an authorized emergency vehicle, the court may order a person to perform community service as determined by the court.

Amends the Criminal Identification Act. Provides that no fee shall be required if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except for the expungement or sealing of certain records of minor traffic violations. Eliminates the county fee waiver pilot program that was only applicable in counties of 3,000,000 or more inhabitants that was set to expire on January 1, 2021.

Amends the Labor Dispute Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 5/1.1 Adds reference to: New Act 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) The fiscal impact of SB 471, as amended by HA 1, is not known as the number of COVID-related fatalities amongst the ranks of Chicago police officers and firefighters cannot be predicted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 471 (H-AM-1); therefore, there are no appraisals to be filed. House Floor Amendment No. 3 Deletes reference to: New Act 30 ILCS 105/5.891 new Adds reference to: 5 ILCS 345/1 from Ch. 70, par. 91 230 ILCS 5/15.5 new 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) There is no discernible fiscal impact to pension funds that employ public safety personnel as a result of SB 0471, as amended by HA 3. The number of public safety employees who will contract COVID-19 during the time period enumerated in the bill cannot be predicted. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does pre-empt home rule authority State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) This amendment has no fiscal impact or population impact on the Department of Corrections. Fiscal Note, House Floor Amendment No. 3 (Department of Employment Security) Senate Bill 471 (HA-3) has no fiscal impact on the Department of Employment Security.

Amends the Illinois Wage Payment and Collection Act. Provides that, for contracts entered into on or after July 1, 2019, a direct contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work shall assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the contract between the direct contractor and the owner. Provides for enforcement by the Department of Labor. Provides authorization for third parties owed fringe or other benefits or a joint labor-management cooperation committee to bring a civil action to enforce liability against a direct contractor. Provides exemptions for work done by an employee of the State or any political subdivision of the State. Provides requirements and guidelines for notice, awards, filing, and records retention. Provides that the new provisions are severable, and that the obligations and remedies provided are in addition to any obligations and remedies otherwise provided by law. Provides that nothing the Section shall alter specified obligations and penalties set forth in the State Prompt Payment Act. Effective immediately.

Creates the Illinois Hazardous Materials Workforce Training Act. Contains only a short title provision. Senate Committee Amendment No. 1 Adds reference to: 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the Department of Labor shall develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. Provides that an owner or operator, when contracting for the performance of construction work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. Provides a penalty for violation of the Act. Creates the Illinois Hazardous Materials Workforce Training Fund as a special fund in the State treasury. Makes corresponding changes in the State Finance Act. Effective immediately. Senate Floor Amendment No. 2 Provides that activities described in Code 324110, 325110, 325193, and 325199 (currently, only 324110 and 325110) of the 2017 North American Industry Classification System are within the meaning of "owner or operator". Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 1407; therefore, there are no appraisals to be filed. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections. State Debt Impact Note (Government Forecasting & Accountability) SB 1407, as engrossed, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note (Government Forecasting & Accountability) SB 1407 will not impact any public pension fund or retirement system in Illinois. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 1407 (H-AM 1) as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

Amends the Retailers' Occupation Tax Act. Provides that internal (also known as female) and male condoms, incontinence products, diapers, and baby wipes shall be taxed by the State at a rate of 1% (currently, 6.25%). Provides that the net revenue from the 1% tax collected from the sale of those products shall be deposited into the State and Local Sales Tax Reform Fund. Amends the Use Tax, Service Occupation Tax, and Service Occupation Use Tax Acts to make conforming changes.