Sen. John Curran

Amends the Juvenile Court Act of 1987. Provides that unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under the Act if the parent is criminally convicted of predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, sexual exploitation of a child, or permitting sexual abuse of a child. Makes technical changes. Senate Committee Amendment No. 1 Adds reference to: 750 ILCS 50/1 from Ch. 40, par. 1501 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Amends the Adoption Act. Adds to the offenses which create a presumption that a parent is depraved for purposes of the Act: (1) aggravated criminal sexual assault, (2) a person who commits criminal sexual abuse by the use of force or threat of force, (3) sexual exploitation of a child, (4) permitting sexual abuse of a child, and (5) any other similar offense in another state. Senate Floor Amendment No. 2 Provides that unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under the Act if the parent is convicted of criminal sexual abuse where the person: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent or criminal sexual assault. Adds criminal sexual assault (rather than aggravated criminal sexual assault) to the offenses which create a presumption that a parent is depraved for purposes of the Adoption Act.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

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 Counties Code. Provides that a county may adopt an ordinance with reasonable regulations concerning the operation of any business that involves exposure of specified anatomical areas or performance of specified sexual activities by a person within the business' premises or that offers or provides sexually-oriented entertainment services or activities (rather than that offers or provides activities by employees, agents, or contractors of the business that involve exposure of specified anatomical areas or performance of specified sexual activities in view of any patron, client, or customer of the business). Provides if a county has established a licensing program as part of its regulation of adult entertainment facilities, the findings, decision, and orders of the licensing official or licensing body is subject to review in the circuit court of the county and that the Administrative Review Law apply to and govern the judicial review. Allows a county having a code hearing unit to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Counties Code. Provides that a non-home rule county with a population of at least 900,000 may adopt an ordinance with reasonable regulations concerning the operation of an adult entertainment facility in unincorporated areas of the county that involves exposure of specified anatomical areas or performance of specified sexual activities by a person within the business' premises or that offers or provides sexually oriented entertainment services or activities. Provides if the county has established a licensing program as part of its regulation of adult entertainment facilities, the findings, decision, and orders of the licensing official or licensing body is subject to review in the Circuit Court of the county and that the Administrative Review Law apply to and govern the judicial review. Allows a code hearing unit of non-home rule counties with a population of at least 900,000 to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program.

Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest that result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2630/5.2 Deletes the amendatory changes to the Criminal Identification Act that relate to sealing of records of arrest or charges not initiated by arrest that result in an order of supervision or conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft committed against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, criminal abuse or neglect of an elderly person or a person with a disability, or a similar provision of a local ordinance.

Amends the Park District Code. Provides that real estate, not subject to a covenant to hold and maintain the property for public park or recreational purposes or not otherwise conveyed and replaced as provided in specified provisions, may be conveyed to another unit of local government or school district if the park district board approves the sale to the unit of local government or school district by a four-fifths vote and: (i) the park district is situated wholly within the corporate limits of that unit of local government or school district; or (ii) the real estate is conveyed for a price not less than the appraised value of the real estate as determined by the average of 3 written MAI certified appraisals or by the average of 3 written certified appraisals of State certified or licensed real estate appraisers. Effective immediately.

Amends the Metropolitan Water Reclamation District Article of the Illinois Pension Code. Provides that "average final salary" means the highest average monthly (instead of annual) salary as calculated by accumulating the salary for the highest 520 consecutive paid days of service (instead of 52 consecutive pay periods) within the last 10 years of service immediately preceding the date of retirement and dividing by 24 (instead of 2). Provides that if the employee is paid for any portion of a work day, the fraction of the day worked and the salary for that fraction of the day shall be counted in accordance with the Fund's administrative rules. Effective immediately.

Amends the Park District Code. Provides that a park district may lease real estate that the board deems is not required for park or recreational purposes to any individual or entity as long as the lease does not exceed 4 and one-half times (rather than 2 and one-half times) the term of years under specified provisions governing installment purchase contracts. Effective immediately.

Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Services shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 301/25-13 new Adds reference to: 720 ILCS 635/1 from Ch. 38, par. 22-50 720 ILCS 635/2 from Ch. 38, par. 22-51 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Renames the Needle and Hypodermic Syringe Access Program Act the Overdose Prevention and Harm Reduction Act. Provides that the Department of Human Services' report on drug overdose trends statewide shall provide information on the current substance use disorder treatment capacity within the State. Requires the report to include an inventory of the State's substance use disorder treatment capacity. Provides that the Department may support specified drug overdose projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal. Provides specified elements the Department may promote in supporting best practices in drug overdose prevention programming. Deletes provisions requiring the Department to give preference for grants to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access substance use disorder treatment or other strategies for abstaining from illegal drugs. Removes provisions requiring the Department to contract with a third party research organization to conduct a needs assessment of the Illinois substance use disorder treatment system. Makes other changes. Amends the Hypodermic Syringes and Needles Act. Provides that the Act shall not prohibit the sale, possession, or use of hypodermic syringes or hypodermic needles by a staff person, volunteer, or participant in a needle or hypodermic syringe access program. Effective immediately.