Sen. Toi W. Hutchinson

Mourns the death of Wanda Patricia Simmons Raymond.

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Makes a technical correction concerning a cross-reference. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, in the case of a return that is not filed at the required time, a notice of tax liability may be issued on and after each July 1, and January 1 for returns filed more than 3 years prior to that July 1 or January 1. Makes changes concerning rolling stock. Effective July 1, 2013.

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Expands the list of targeted group member classes for the Diversity in Engineering scholarship program to include national origin, ancestry, age, and disability, and modifies the definition so that classes are included as long as the percent employed by the Department is less than the percent employed statewide according to labor statistics and not a specific plan adopted by the Department. Removes the eligibility requirement that applicants be members of a targeted group, and removes the requirement that applicants be full-time students. Directs the Department to establish a process for selecting eligible students that considers obtaining a critical mass of students in the program to remedy the underutilization of targeted group members. Provides that the Department may (rather than shall) adopt rules to implement and administer the scholarship program. Effective immediately.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court finds that it is in the best interest of the child and awards joint custody or visitation rights, the court shall find that both parties have the right of first refusal to care for the minor children if the absence of either party is necessary during the party's normal parenting time. Provides that the use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal. Provides that "right of first refusal" means that in the event that either parent intends to leave the minor children for a period of 4 hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children. Contains provisions concerning the setting of parameters regarding distance, transportation, and time constraints which may make the offering of additional parenting time impractical and therefore not required. Provides that the parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons. Contains procedural requirements regarding the offering and acceptance of additional parenting time. Provides that the parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal shall be terminated upon the termination of custody or visitation rights.

Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Makes changes to provide that each class or course in comprehensive sex education offered in any of grades 6 through 12 shall include instruction on both abstinence and contraception for the prevention of pregnancy and sexually transmitted diseases, including HIV/AIDS. Makes changes to provide that all classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall emphasize that abstinence from sexual intercourse is a responsible and positive decision and is the only protection that is 100% effective against unwanted teenage pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome (AIDS) when transmitted sexually. Makes changes to provide that all classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall satisfy specified criteria. Provides that an opportunity shall be afforded to individuals (not just parents or guardians) to examine the instructional materials to be used in the class or course. Provides that the State Board of Education shall make available resource materials. Provides that school districts that do not currently provide sex education are not required to teach sex education. Provides that if a sex education class or course is offered in any of grades 6 through 12, the school district may choose and adapt the developmentally and age-appropriate, medically accurate, evidence-based, and complete sex education curriculum that meets the specific needs of its community. Provides that the Comprehensive Health Education Program shall include the educational area of evidence-based and medically accurate information regarding sexual abstinence (instead of the area of sexual abstinence until marriage).

Amends the School Code. In the Teacher Certification Article, provides that a person who holds an active license issued by the State as a marriage and family therapist shall be deemed to have satisfied the continuing professional development requirements to renew a school service personnel certificate. In the Educator Licensure Article, includes marriage and family therapist as a school support personnel endorsement area that may be affixed to a Professional Educator License. Effective immediately.

Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who has served in the United States Armed Forces or in the National Guard of this or another state and has received an honorable discharge from the Armed Forces or National Guard and who meets specified requirements, the Prisoner Review Board shall hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony. Excludes a person convicted of a sex offense, crime of violence, or firearm offense. Provides that if a person has applied to the Board for a certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver. Effective immediately.

Amends the Communicable Disease Prevention Act. Makes changes to the provision concerning children of school age who are reported as having been diagnosed as having AIDS or HIV. Provides that the information contained in the notification to be required of the Department of Public Health with regard to a child enrolled in a public school in kindergarten through fifth grade who is diagnosed as being infected with HIV must not be recorded in the child's permanent record. Provides that if the information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade. Provides that if the child is enrolled in a public school, the principal shall disclose (instead of disclose the identity of the child) to the superintendent of the school district in which the child resides and specifies that the disclosure shall be that a child has been infected with HIV. Provides that all provisions of the AIDS Confidentiality Act shall apply, including penalties for violation of that Act.

Amends the Property Tax Code. Makes a technical change in a Section concerning valuation statements.

Amends the Criminal Identification Act concerning the expungement and sealing of criminal records. Provides that the petitioner, State's Attorney or prosecutor charged with the duty of prosecuting the offense, the arresting agency, or the chief legal officer of the unit of local government effecting the arrest (rather than the petitioner or any party entitled to notice) may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 60 days of service of the order.