Sen. Melinda Bush

Amends the School Code. Provides that if an educational support personnel employee is removed or dismissed as a result of a decision of the school board to decrease the number of educational support personnel employed by the board or to discontinue some particular type of educational support service and he or she accepts the tender of a vacancy within one calendar year from the beginning of the following school term, then that employee shall maintain any rights accrued during his or her previous service with the school district. Effective immediately.

Creates the Native Prairie and Forage Preference Act. Provides that every State agency, where appropriate, shall give preference to using native prairie and forage plants to benefit pollinators, including, but not limited to, honey bees and monarch butterflies. Provides that the Department of Agriculture shall provide information when requested to support this initiative.

Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student's school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student's seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement. House Committee Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Makes a change to the legislative findings. Changes the definition of "delegated care aide" to mean a school employee or paraprofessional who has agreed to receive training in epilepsy and assist a student in implementing his or her seizure action plan and who has entered into an agreement with a parent or guardian of that student. Limits the definition of "school employee" to include, among other persons, a person who is employed by a school district or school as a principal, administrator, guidance counselor, or teacher. Provides that the training of a delegated care aide shall include consultation with the student's parent or guardian and may include consultation with an epilepsy educator approved by the Epilepsy Foundation of America and training for school employees must be provided annually through approximately one hour of self-study review approved by the Epilepsy Foundation of America or by an epilepsy educator approved by the Epilepsy Foundation of America (rather than requiring training for school employees and delegated care aides to be provided by a trained health care provider with an expertise in epilepsy). Removes a provision requiring the principal of a school to coordinate the training of all delegated care aides. Provides that, if applicable, a seizure action plan (rather than an information sheet) must be provided to any school employee who transports a student with epilepsy to a school-sponsored activity; makes a conforming change. Requires a school employee to be in compliance with the training provisions of the Act in order to have immunity. Adds an effective date of July 1, 2020. House Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill as amended by House Amendment No. 3 with the following changes. Provides that the definition of "school employee" may not be interpreted to require a school district, charter school, or nonpublic school to hire additional personnel for the sole purpose of the personnel to serve as a delegated care aide. Provides that if a student has been managing his or her epilepsy care in a school setting before the effective date of the Act, the student's parent or guardian may (rather than must) sign and submit a seizure action plan with the student's school. Provides that it is the responsibility of a student's parent or guardian to share the health care provider's instructions on the student's epilepsy management during the school day. Removes a provision requiring the seizure action plan to include the treating physician's, advanced practice registered nurse's, or physician assistant's instructions on the student's epilepsy management during the school day. Provides that a student's parent or guardian is responsible for informing the school, in a timely manner, of any changes to the student's seizure action plan and emergency contact information. Provides that the principal of a school shall facilitate the school's compliance with the provisions of a student's seizure action plan (rather than ensure that the school has at least one delegated care aide present and available at the school during all school hours and during school-sponsored activities). Provides that the training for school employees must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention. Provides that the training of a delegated care aide must be provided by a licensed health care provider with an expertise in epilepsy or an epilepsy educator who has successfully completed the relevant curricula offered by the Centers for Disease Control and Prevention (rather than must include consultation with the student's parent or guardian and may include consultation with an epilepsy educator approved by the Epilepsy Foundation of America). Makes other changes. Effective July 1, 2020. House Floor Amendment No. 5 Removes a provision requiring training for school employees to be provided annually through approximately one hour of self-study review approved by the Epilepsy Foundation of America or by an epilepsy educator approved by the Epilepsy Foundation of America.

Amends the Public Utilities Act. Provides that beginning April 1, 2020, and on a bi-annual basis thereafter, the Illinois Commerce Commission shall issue a report to the General Assembly concerning the decommissioning of nuclear power plants in this State. Provides for the contents of the report. Fiscal Note, House Floor Amendment No. 1 (Illinois Commerce Commission) Although the bill requirements will require staff time, it will be minimal and will not require additional headcount. House Floor Amendment No. 2 Provides that beginning on or before May 1, 2020, and every 2 years thereafter, the owner or operator of each nuclear power plant in this State shall provide the Illinois Commerce Commission with a copy of the nuclear decommissioning funding assurance status report submitted to the Nuclear Regulatory Commission and, as applicable, to the Federal Energy Regulatory Commission. Provides that beginning June 1, 2020, and every 2 years thereafter, the Commission shall provide the General Assembly with a copy of the nuclear decommissioning funding assurance status report for shutdown units as submitted by the owner or operator of a nuclear power plant in this State to the Nuclear Regulatory Commission and, as applicable, to the Federal Energy Regulatory Commission. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Urges the State of Illinois to play an important role in addressing climate change.

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes. Effective July 1, 2019.

Amends the State Police Act. Provides that the Department of State Police shall pay directly or reimburse, up to a maximum of $20,000 (rather than $10,000) the burial expenses of each State police officer who is killed in the line of duty. House Floor Amendment No. 2 Adds reference to: 820 ILCS 315/3.5 Replaces everything after the enacting clause. Amends the State Police Act. Provides that the Department of State Police shall pay directly or reimburse, up to a maximum of $20,000 (rather than $10,000) the burial expenses of each State police officer who is killed in the line of duty after June 30, 2018. Amends the Line of Duty Compensation Act. Provides that a burial benefit of up to a maximum of $20,000 (rather than $10,000) shall be payable to the surviving spouse or estate of a law enforcement officer or fireman who is killed in the line of duty after June 30, 2018.

Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that the State, any unit of local government, or a county sheriff, shall not contract with a private contractor or private vendor for the provision of services relating to community correctional supervision. Provides that the Act does not apply to State work release centers or juvenile residential facilities that provide separate care or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services. House Committee Amendment No. 2 Deletes reference to: 730 ILCS 140/1 730 ILCS 140/1.5 new 730 ILCS 140/2 730 ILCS 140/3 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Private Detention Facility Moratorium Act. Provides that neither the State, nor any unit of local government, any county sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind related to the detention of individuals in a detention facility owned, managed, or operated in whole or in part by a private entity or person; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation, in whole or in part, of any detention facility by any private entity or person; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by any private entity or person; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of any detention facility. Provides exemptions. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2 with changes. Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity. Makes other technical changes. Effective immediately.

Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice to all affected property owners and local government within 2,500 feet of the leak site. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice with specified information immediately upon discovery to all affected property owners and local government within 2,500 feet of the leak site. Provides that the amendatory Act's provisions apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations, and do not apply to beehive fumigators, research or laboratory facilities, or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million. Requires that, within 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date as an ethylene oxide sterilization source, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test. Sets forth criteria for the test and requires certain information concerning the test be submitted to the Environmental Protection Agency. Requires the owner or operator of the ethylene oxide sterilization source to conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year (at least 6 months apart) to demonstrate compliance with these requirements and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Pollution Control Board rules. Provides that if certain conditions are not met the owner or operator of an ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of a failed emissions test. Within 60 days after the date of the test, requires the owner or operator of the ethylene oxide sterilization source to: complete an analysis to determine the root cause of the failed emissions test; take any actions necessary to address that root cause; submit a report to the Agency; and restart operations only to the extent necessary to conduct additional emissions tests. Provides that, beginning 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of the amendatory Act as an ethylene oxide sterilization source, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency an Ambient Air Monitoring Plan. Requires the owner or operator of an ethylene oxide sterilization source to apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of the amendatory Act and a modification of the source's operating permit to incorporate such modifications made to the source. Prohibits a person from conducting ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling. Prohibits a facility that is permitted to emit ethylene oxide and subject to a seal order from using ethylene oxide for sterilization or fumigation purposes. Requires specified entities to notify the Agency of any property right in sterilization technology that does not involve the use of ethylene oxide. Provides that, within 30 days after discovering noncompliance with specified requirements the Agency must post a notice on its website and notify the specified persons and entities. Requires the Agency to conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to the provisions per year. Requires the Agency to (i) conduct air testing to determine ambient levels of ethylene oxide and (ii) submit rules for ambient air testing of ethylene oxide to the Board within 180 days after the amendatory Act's effective date. Effective immediately.

Amends the Environmental Protection Act. Provides that beginning on the effective date of the amendatory Act no facility shall have fugitive emissions of ethylene oxide above zero. Provides that each facility shall be subject to regular and frequent inspections and testing to ensure that no fugitive emissions of ethylene oxide exist. Provides that inspections shall be unannounced and conducted by a third party chosen by the municipality in which the facility operates. Provides that each facility shall be subject to fence line ambient air testing, at random, once within every 90 to 120 days for a duration of 24-hour samples of no less than 6 consecutive days. Provides that the testing shall be conducted by a third party chosen by the municipality in which the facility operates. Defines "fugitive emissions". Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that inspections shall be unannounced and conducted by the Agency, or, at the Agency's direction, a qualified third party chosen by the Agency (currently, by a qualified third party chosen by the Agency, in consultation with the municipality in which the facility operates). Provides that emissions test shall be paid for by the facility. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of House Amendment No. 2 with the following change: Provides that "nonnegligible ethylene oxide emissions source" includes sources emitting 150 pounds of ethylene oxide as reported on the source's 2017 Toxic Release Inventory (currently, sources emitting 150 pounds of ethylene oxide annually from a stack).