Sen. Don Harmon

Creates the Student Online Personal Protection Act of 2019. Provides for legislative intent and definitions. Provides for operator prohibitions, operator duties, school authority prohibitions, school authority duties, State Board of Education duties, and parent rights. Creates the Student Data Protection Oversight Committee and provides for the Committee's membership and support. Requires the Committee to submit an annual report to the General Assembly and the State Board of Education with recommendations, if any, for policy revisions and legislative amendments that would carry out the intent of the Act. Amends the Illinois School Student Records Act. Adds a definition of record. Requires written consent of a student's parent to publish student directories that list student names, addresses, and other identifying information and similar publications. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Repeals the Student Online Personal Protection Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act 105 ILCS 10/2 105 ILCS 10/6 105 ILCS 85/Act rep. 815 ILCS 505/2Z Adds reference to: 105 ILCS 85/5 105 ILCS 85/10 105 ILCS 85/15 105 ILCS 85/26 new 105 ILCS 85/27 new 105 ILCS 85/28 new 105 ILCS 85/33 new Replaces everything after the enacting clause. Amends the Student Online Personal Protection Act. Defines "breach", "longitudinal data system", "parent", and "student". Adds to an operator's duties. Provides for school prohibitions and duties and the State Board of Education's duties. Provides for parent and student rights. Makes other changes. Effective July 1, 2021. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 85/30 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Changes the definition of "breach". Adds and makes changes to an operator's duties and a school's duties. Provides that at least once (rather than twice) annually, the State Board of Education must publish and maintain on its website a list of all of the entities or individuals that the State Board contracts with or has agreements with and that hold covered information and a copy of each contract or agreement. Provides that the Student Online Personal Protection Act does not prohibit an operator or school from producing and distributing, free or for consideration, student class photos and yearbooks to the school, students, parents, or individuals authorized by parents and to no others, in accordance with the terms of a written agreement between the operator and the school. Effective July 1, 2021. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Provides that certain information that is required to be posted on a school's website must be made available at a school's administrative office for inspection by the general public if the school does not maintain a website. Provides that a school may omit from its list of breaches of covered information any breach in which the date, estimated date, or estimated date range in which it occurred is earlier than July 1, 2021 or any breach previously posted on a list no more than 5 years prior to the school updating the current list. Provides that a notice of breach may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the school with a written request for a delay of notice. Allows the State Board of Education to share, transfer, disclose, or provide covered information to its employees or officials acting within their official capacity. Removes a provision stating that a student's covered information is the sole property of the student's parent. Makes changes to a parent's and student's rights. Makes other changes. Effective July 1, 2021.

Amends the Code of Criminal Procedure of 1963. Provides that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Amends the Unified Code of Corrections. Provides that the defendant is the parent of a child or infant whose well-being will be affected by the parent's absence shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment. Provides circumstances to be considered in assessing this factor in mitigation. Makes other changes. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 5/110-5.3 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Deletes language providing that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Removes a factor in mitigation. Makes other changes.

Amends the Illinois Public Aid Code. Makes technical changes to specify in provisions concerning provisional eligibility for long-term care services that: (i) the Department of Healthcare and Family Services must maintain the applicant's provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant's appeal has been adjudicated and eligibility is denied; (ii) the Department of Healthcare and Family Services or the managed care organization, if applicable, must reimburse providers for services rendered during an applicant's provisional eligibility period; (iii) the Department of Healthcare and Family Services must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant; and (iv) the Department of Healthcare and Family Services must adopt rules. House Floor Amendment No. 1 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately. House Floor Amendment No. 2 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health, contingent upon approval by the Centers for Medicare and Medicaid Services, shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately.

Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.

Amends the Cannabis Control Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 550/2 Adds reference to: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that any inmate currently serving a sentence for an offense committed prior to June 19, 1998 shall receive specified sentence credits if the inmate satisfactorily completes an assigned program as determined by the standards of the Department of Corrections. Provides that all inmates serving a sentence for an offense committed prior to June 19, 1998 who were not provided specified sentence credits prior to the effective date of the amendatory Act shall be provided with sentence credit if the inmate engaged in any full-time in substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department prior to the effective date of the amendatory Act. Provides that the rules and regulations of the Department of Corrections shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections, regardless of the date that the bachelor's degree was obtained, including if prior to the effective date of the amendatory Act. Provides that the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections, regardless of the date that the master's or professional degree was obtained, including if prior to the effective date of the amendatory Act. Provides that if, after an award of the sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. Provides that the Department may also award 180 days of sentence credit to any committed person who earned these degrees while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall award sentence credit accumulated prior to the effective date of the amendatory Act for participation in full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department of Corrections in an amount specified in this provision to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or (2) the inmate's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration. Provides that if the inmate can provide documentation that he or she is entitled to sentence credit under this provision in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. Provides that if the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. Provides that in the event of a disagreement between the Department and the inmate as to the amount of credit under this provision accumulated, if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. Provides that if the Department provides no documentary proof, the inmate's proof as set forth in this provision shall control as to the amount of sentence credit provided. Provides that if the inmate has been convicted of a sex offense as defined in the Sex Offender Registration Act, sentencing credits under this provision shall be awarded by the Department only if the inmate successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. Provides that no inmate serving a term of natural life imprisonment shall receive sentence credit under this provision. Provides that sentence credits for specified offenses and purposes do not apply if the prisoner is required to serve 100% of his or her sentence (rather than not applying if the prisoner is serving a sentence for first degree murder or terrorism). Provides that under certain restrictions and exceptions an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree or who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.

Amends the Civil Practice Article of the Code of Civil Procedure. Repeals provisions regarding: election for periodic payment; special findings required; calculation of future damages; basis for determining judgment to be entered; payment of periodic installment obligations; form of security; posting and maintaining security; equivalent lump sum value; effect of death; liability insurance policy limits; assignment of periodic installments; exemption of benefits; settlement agreements and consent judgments; satisfaction of judgments; and duties of Director of Insurance. Effective immediately.

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure in relation to short sales of property. Provides that, if an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. Provides that, at the time of an offer, specified disclosures shall be made to the mortgagee in connection with any purchase of a sale. Provides that, upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Effective immediately. Senate Committee Amendment No. 1 Provides that "residential property" is limited to the primary (rather than the principal) residence of a person. Provides that specified disclosures shall be made to the mortgagee by the mortgagor. Provides that nothing in the new provisions shall impair, abrogate, or abridge in any manner the rights of the mortgagee to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action.

Amends the Illinois Insurance Code. Requires an individual or group policy of accident and health insurance or managed care plan to provide coverage for long-term antibiotic therapy for a person with a tick-borne disease. Makes conforming changes in the Health Maintenance Organization Act and the Illinois Public Aid Code.

Amends the Illinois Act on the Aging. Defines "greatest social need" for the purpose of a specified rule. Makes a conforming change. Amends the Assisted Living and Shared Housing Act. Prohibits unlawful discrimination by an owner, licensee, administrator, employee, or agent of an assisted living establishment of residents in assisted living establishments. Provides that unlawful discrimination does not include an action by an owner, licensee, administrator, employee, or agent that is required by the Act or rules adopted under the Act. Effective immediately.

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.