Sen. Mike Halpin

Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school. Provides that in determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/27A-3 105 ILCS 5/27A-10.10 105 ILCS 5/27A-11 105 ILCS 5/27A-12 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Repeals the State Charter School Commission Fund on October 1, 2020 (rather than July 31, 2020). Provides that, beginning on July 1, 2020 through August 31, 2020, all money in the State Charter School Commission Fund shall be used by the State Board of Education for operational and administrative costs and, on September 1, 2020 (rather than July 1, 2020), in consultation with the State Board, the State Comptroller shall order transferred and the State Treasurer shall transfer all money in the State Charter School Commission Fund to the State Board of Education Special Purpose Trust Fund. Provides that, beginning on July 1, 2020, the State Board of Education may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities; specifies what the authorizing activities may include. Provides that, beginning on the effective date of the amendatory Act, the Commission may not enter into or renew a contract, other than a charter renewal, that expires after July 1, 2020. Until July 1, 2020, allows the State Charter School Commission to hear an appeal on a local board's decision to not renew a charter. Allows the State Board of Education to reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if certain conditions are met. Requires the State Board to appoint and utilize a hearing officer for those appeals. Provides that if a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. Adds an immediate effective date.

Amends the Illinois Insurance Code. In provisions concerning treatment for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, provides that treatment administered or prescribed after July 18, 2017 shall be covered. Provides that for billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall be coded as autoimmune encephalitis until a code is assigned. Provides that coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may not be denied due to a diagnosis of autoimmune encephalopathy or autoimmune encephalitis. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that for billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall be coded as autoimmune encephalitis until the American Medical Association and the Centers for Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. Provides that thereafter, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.

Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the purpose of the Act. Senate Floor Amendment No. 1 Deletes reference to: 115 ILCS 5/1 Adds reference to: 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 105 ILCS 5/21B-45 105 ILCS 5/21B-80 105 ILCS 5/24-14 from Ch. 122, par. 24-14 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 105 ILCS 5/34-84b from Ch. 122, par. 34-84b Replaces everything after the enacting clause. Amends the School Code. Provides that a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent, as applicable, once for every 5 years an applicant remains employed by a school district. Provides that no school board shall knowingly employ a person or knowingly allow a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. Requires the State Board of Education to conduct random audits of Professional Educator Licensees to verify a licensee's fulfillment of required professional development hours. With regard to the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, provides that if the holder of a license or applicant for a license has been charged with attempting to commit, conspiring to commit, soliciting, or committing certain offenses, first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. Makes other changes. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/34-84b Adds reference to: 105 ILCS 5/10-20.69 new 105 ILCS 5/10-23.12 from Ch. 122, par. 10-23.12 105 ILCS 5/21B-75 105 ILCS 5/22-85 new 105 ILCS 5/22-86 new 105 ILCS 5/24-12 from Ch. 122, par. 24-12 105 ILCS 5/27A-5 105 ILCS 5/34-18.6 from Ch. 122, par. 34-18.6 105 ILCS 5/34-18.61 new 105 ILCS 5/34-85 from Ch. 122, par. 34-85 820 ILCS 40/8 from Ch. 48, par. 2008 820 ILCS 40/9 from Ch. 48, par. 2009 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the School Code. Provides that each school district must adopt and implement a policy addressing sexual abuse investigations. Provides that, except for an educator licensed under the Educator Licensure Article of the Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. Provides that the State Superintendent of Education has the authority to initiate a suspension of or revoke the license of any educator licensed under the Educator Licensure Article of the Code if he or she negligently fails to report an instance of suspected child abuse or neglect. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Superintendent of Education shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. Provides that if a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. Provides that for schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. Provides for the local Children's Advocacy Center's duties and the duties of a school. Provides that if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, a school determines that it needs to interview an alleged victim of sexual abuse to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and must be present during the school's interview. Provides that the Department of Children and Family Services and the appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is completed, which must include information on the outcome of that investigation. Creates the Make Sexual and Severe Physical Abuse Fully Extinct Task Force. Provides for the Task Force's membership, meeting requirements, and duties. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes. Adds an immediate effective date. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/3-117.2 from Ch. 95 1/2, par. 3-117.2 625 ILCS 5/3-308 from Ch. 95 1/2, par. 3-308 625 ILCS 5/5-301 from Ch. 95 1/2, par. 5-301 625 ILCS 5/5-803 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person licensed as an automotive parts recycler is subject to junk vehicle notification requirements. Provides that an application for licensure as an automotive parts recycler, scrap processor, repairer, or rebuilder will require a National Motor Vehicle Title Information System number and a statement of compliance if applicable. Provides that the Secretary of State shall inspect any vehicle that is 3 (rather than the previous 8) model years of age or newer for which an application for a certificate of title for a rebuilt vehicle is submitted. Provides that the Secretary shall authorize an individual having been consecutively licensed as an automotive parts recycler and a rebuilder for a minimum of 5 years to carry out and implement the inspection of rebuilt vehicles. Provides that no person shall engage in the act of dismantling, crushing, or altering a vehicle into another form using machinery or equipment unless licensed to do so and only from the fixed location identified on the license issued by the Secretary of State. Authorizes Secretary of State police investigators to issue administrative citations to certain entities for, among other things, operating without a license. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/3-117.2 from Ch. 95 1/2, par. 3-117.2 625 ILCS 5/3-308 from Ch. 95 1/2, par. 3-308 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and deletes language providing that: (1) a person licensed as an automotive parts recycler is subject to junk vehicle notification requirements; and (2) the Secretary shall authorize an individual having been consecutively licensed as an automotive parts recycler and a rebuilder for a minimum of 5 years to carry out and implement the inspection of rebuilt vehicles. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT".

Amends the School Visitation Rights Act. Prohibits an employer from terminating an employee because of an absence from work due to employee's attendance at a school conference or activity. Effective immediately. House Committee Amendment No. 2 Provides that an employer may not terminate an employee for an absence from work if the absence is due to the employee's attendance at a school conference, behavioral meeting, or academic meeting (rather than a school conference or activity). Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 147/15 Replaces everything after the enacting clause. Amends the School Visitation Rights Act. Provides that employees may use school visitation privileges for purposes of academic and behavioral meetings in addition to school conferences. Provides that an employee may not be terminated for the use of school visitation privileges. Effect August 1, 2020.

Amends the School Code. Provides that in fixing the salaries of teachers, a school board shall pay those who serve on a full-time basis a rate not less than (i) $32,076 for the 2020-2021 school year, (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 school year. Provides that the minimum salary rate for each school year thereafter, subject to review by the General Assembly, shall equal the minimum salary rate for the previous school year increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index For All Urban Consumers for all items published by the United States Department of Labor for the previous school year. Fiscal Note (State Board of Education) HB 2078 is estimated to increase the Regionalized Adequacy Target for school districts in the Evidence-Based Funding calculations by approximately 0.5%, at minimum, in the first year based on fiscal year 2019 Evidence-Based funding calculations. HB 2078 will increase the funding gap to adequacy. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State mandate. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change: provides that, on or before January 31, 2020, the Professional Review Panel must submit a report to the General Assembly on how State funds and funds distributed under the evidence-based funding formula may aid the financial effects of the changes made by the amendatory Act.

Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.

Amends the Public Community College Act. Requires the Illinois Community College Board to establish and administer a manufacturing training grant program. Provides that to qualify for a grant, a community college district and a public high school located in that district must jointly establish a collaborative regional partnership with workforce development organizations, regional economic development organizations, and economic development officials in the district, along with manufacturers, healthcare service providers, and innovative technology businesses that have a presence in the district, to provide a manufacturing training program. Requires a grant recipient to provide the Board with a plan that meets certain requirements. Requires the Board to establish an advisory board for the program; sets forth the membership and duties of the advisory board. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the Illinois Community College Board shall establish and administer a 21st Century Employment grant program (rather than a manufacturing training grant program). Provides that in awarding grants under the program, the Board must give priority to plans that demonstrate a formal articulation agreement between a public high school and a community college district. Provides that the plan must support a seamless transition into higher education and career opportunities and must outline the college credit and on-the-job training hours that will transfer from the high school to a community college. Adds to the membership of the advisory board. Makes other changes. Senate Floor Amendment No. 2 Makes the 21st Century Employment grant program subject to appropriation.