Sen. Iris Y. Martinez

Amends the University of Illinois Trustees Act. Provides that in order to determine residency status of a potential or current student trustee, the student must provide evidence of the student's Illinois domicile for at least the previous 6 months and either (i) evidence of the student's current, valid Illinois driver's license or Illinois Identification Card or (ii) evidence of the student's valid Illinois voter registration (instead of having evidence of the student's Illinois domicile, Illinois driver's license, and Illinois voter registration positively demonstrate residency). Effective January 1, 2020.

Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that service retirement pensions shall begin on the effective date of termination as reflected in the records of the Employer. Provides that upon certification of a member's termination (instead of cancellation of his teaching certificate) and on written application, a teacher shall be paid a refund. Provides that to obtain a refund for a member who has completed the minimum term of service required to establish eligibility for a pension, the member must execute and deliver to the Board a written acknowledgment of forfeiture of all service credit and rights to pension payments (instead of a written receipt and acknowledgment). Makes other changes. Effective immediately.

Amends the Covering ALL KIDS Health Insurance Act. Provides that the Auditor General shall cause an audit to be made of the Program on or before June 30, 2022 and every 3 years thereafter (rather than annually). Repeals provisions providing for repeal of the Act on October 1, 2019. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 170/98 rep. Adds reference to: 215 ILCS 170/98 Further amends the Covering ALL KIDS Health Insurance Act. Provides that the Act is repealed on October 1, 2024 (rather than October 1, 2019).

Creates the Mental Health Early Action on Campus Act. Provides for intent, legislative findings, purposes of the Act, and definitions. Provides that to raise mental health awareness on college campuses, each public college or university in this State must complete specified tasks. Provides that the board of trustees of each public college or university must designate an expert panel to develop and implement policies and procedures that (i) advise students, faculty, and staff on the proper procedures for identifying and addressing the needs of students exhibiting symptoms of mental health conditions, (ii) promote understanding of the rules of Section 504 of the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 to increase knowledge and understanding of student protections under the law, and (iii) provide training if appropriate. Provides that because peer support programs may be beneficial in improving the emotional well-being of the student population, each public college or university must develop and implement a peer support program utilizing student peers to support individuals living with mental health conditions on campus; specifies best practices for the peer support programs. Provides that each public college or university must form strategic partnerships with local mental health service providers to improve overall campus mental wellness and augment on-campus capacity; specifies what the partnerships must include. Requires the Board of Higher Education to develop a Technical Assistance Center; specifies the duties of the Center. Requires each public college or university to evaluate the required programs under the Act using specified criteria. Effective July 1, 2020. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that 2 years after the effective date of the Act, and once every 5 years thereafter, the Technical Assistance Center must propose to the General Assembly an updated ratio of clinical, non-student staff members to students based on actual ratios in this State and any new information related to appropriate benchmarks for clinician-to-student ratios. Provides that the updated benchmark must represent a ratio of no less than one clinical, non-student staff member to 1,250 students. Removes a provision providing that 5 years after the effective date of the Act, each public college or university must maintain a ratio of one clinical, non-student staff member to 1,000 students. Provides that the monitoring measures of local partnership programs must include the ratio of clinical, non-student staff to student population and the number of linkage agreements and contracts in place based on student population (rather than only the number of linkage agreements and contracts in place based on student population). Provides that the Commission on Government Forecasting and Accountability, in conjunction with the Illinois Community College Board and the Board of Higher Education, must make recommendations to the General Assembly on the amounts necessary to implement the Act. Provides that the initial recommendation must be provided by the Commission no later than December 31, 2019 and any appropriation provided in advance of this recommendation may be used for planning purposes. Provides that no provision of the Act may be funded by student fees created on or after July 1, 2020 (rather than new student fees). Makes other changes. Effective July 1, 2020, except that certain provisions are effective immediately.

Amends the Unified Code of Corrections. Repeals a provision making committed persons responsible to reimburse the Department of Corrections for the expenses incurred by their incarceration at a rate to be determined by the Department. Amends the Code of Civil Procedure to make conforming changes. Correctional Note (Dept of Corrections) The Department does not currently collect cost of incarceration funds from committed persons, so there is no resulting fiscal impact should this provision be repealed. There are no new incarceration sanctions, enhanced incarceration penalties, or policy requirements for the Department associated with these provisions. Therefore, there is no corrections population impact on the Department of Corrections. Fiscal Note (Dept of Corrections) The Department does not currently collect cost of incarceration funds from committed persons, so there is no resulting fiscal impact should this provision be repealed. There are no new incarceration sanctions, enhanced incarceration penalties, or policy requirements for the Department associated with these provisions. Therefore, there is no corrections population impact on the Department of Corrections.

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.

Creates the Artificial Intelligence Video Interview Act. Provides that an employer that asks applicants to record video interviews and uses an artificial intelligence analysis of applicant-submitted videos shall: notify each applicant in writing before the interview that artificial intelligence may be used to analyze the applicant's facial expressions and consider the applicant's fitness for the position; provide each applicant with an information sheet before the interview explaining how the artificial intelligence works and what characteristics it uses to evaluate applicants; and obtain written consent from the applicant to be evaluated by the artificial intelligence program. Provides that an employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis. Provides that an employer may not share applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant's fitness for a position. Senate Floor Amendment No. 1 Removes the requirement that the disclosure regarding the use of artificial intelligence analysis be in writing. Provides that the notice disclose an analysis of the applicant's video interview rather than an analysis of the applicant's facial expressions. Provides that the applicant's consent does not have to be in writing. Provides that destruction of the videos is contingent upon an applicant's request for destruction.

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).

Amends the School Code. Provides that priority in the distribution of funds appropriated for the Illinois Teaching Excellence Program must be given to a qualified educator employed by an Organizational Unit assigned to Tier 1 under the evidence-based funding formula of the Code. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. With regard to the Illinois Teaching Excellence Program, provides that if adequate funds are available, incentives under the Program must include (i) a one-time incentive of $3,000 payable to National Board certified teachers teaching in Tier 1 rural or remote school districts, (ii) an annual incentive of $3,200 for National Board certified teacher rural or remote candidate cohort facilitators, and (iii) an annual incentive of $2,500 for National Board certified teacher rural or remote liaisons; defines terms. Makes the program applicable to qualified educators who are employed by or retired from schools districts (rather than just employed by school districts) and who are in the process of obtaining licensure through the National Board for Professional Teaching Standards. Changes references of poverty or low-performing schools to Tier 1 school districts. Makes other changes.

Amends the Chicago Teacher Article of the Illinois Pension Code. Removes a provision concerning a reduction in a specified contribution for certain members who retire before July 1, 1998. Repeals obsolete provisions concerning early retirement incentives. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/17-119.1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change. Removes changes made to provisions concerning an optional increase in retirement annuity.