Sen. Meg Loughran Cappel

Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, Home Inspector License Act, Real Estate License Act of 2000, Real Estate Appraiser Licensing Act of 2002, and the Appraisal Management Company Registration Act. Makes changes in provisions including: definitions; expiration, renewal, and continuing education; restoration; fees and disposition of funds; disciplinary actions and grounds; investigations, notice, and hearing; findings and recommendations; restoration of license; scope and standards of practice; and the various relevant boards. Provides for cease and desist orders, statute of limitations, licensing of auction schools, and course approval in the Auction License Act. Makes other changes.

Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately.

Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, beginning in fiscal year 2025, the Governor shall consult with the Budgeting for Results Commission (rather than the appropriation committees of the General Assembly) to (i) identify statewide result areas (rather than prioritize outcomes) that are most important for each State agency of the executive branch under the jurisdiction of the Governor to achieve for the next fiscal year and (ii) identify outcome areas, which further define the statewide result areas, into which State programs and associated spending can be categorized (rather than set goals to accomplish those outcomes according to the priority of the outcome). Makes changes to the yearly commission that the Governor establishes (naming the commission the Budgeting for Results Commission) and makes other changes in how the Commission operates. Replaces instances of "statewide goals" with "statewide result and outcome areas". Makes other changes.

Amends the Illinois Procurement Code. Deletes provision requiring Central Management Services to prepare and submit the total quantity of annual reports printed, the total cost, and the cost per copy and the cost per page of the annual report of the State agency printed during the calendar year covered by the report. Amends the Use Tax Act, Service Occupation Tax Act, Retailers' Occupation Tax Act and the State Finance Act. Deletes obsolete funding. Amends the Southwestern Illinois Metropolitan and Regional Planning Act. Removes the Department of Commerce and Economic Opportunity from the Act. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, Unified Code of Corrections, Workers' Compensation Act. Repeals obsolete mandates. Amends the Workers' Compensation Act. Provides that in preparing the roster of approved certified independent arbitrators, the Chairman shall seek the advice and recommendation of the Illinois Workers' Compensation Commission or the Workers' Compensation Advisory Board at his or her discretion. Repeals obsolete mandate. Effective immediately.

Amends the Juvenile Court Act of 1987. Establishes procedures for determining whether a child is fit to stand trial. Provides that the procedures apply to a child under the age of 21, regardless of whether the person is subject to the Act or prosecuted under the criminal laws of the State. Provides that unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. Provides that a diagnosis is not required for a finding of unfitness. Provides that a child is unfit when the child either: (1) lacks sufficient present ability to consult with the child's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the child's defense; or (2) lacks a rational or a factual understanding of the proceedings against the child, as evidenced by certain specified factors. Provides that the issue of the child's fitness to stand trial, to plead, or to be sentenced may be raised by the child's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. Provides that in making determinations on the issue of a child's fitness, the following burdens of proof and presumptions shall apply: (1) when the court finds a bona fide doubt as to the fitness of a child, the State bears the burden of proving that the child is fit by clear and convincing evidence; and (2) a child who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication. Provides that the Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of these provisions. Provides that the report and recommendations shall be submitted to the General Assembly on or before January 1, 2024. Contains a severability provision. Effective July 1, 2023.

Amends the Wildlife Code. Provides that the Eurasian Collared Dove and Ringed Turtle-Dove are excluded from the list of wildlife protected by the Act. Provides that the Virginia Rail, Sora Rail, Wilson's Snipe, Woodcock, Mourning Dove, and White-winged Dove are classified as migratory game birds for purposes of the Code.

Amends the Student Debt Assistance Act. Provides that an institution of higher education shall provide an official transcript of a current or former student to the current or former student under specified conditions (instead of providing that an institution of higher education must provide an official transcript of a current or former student to a current or potential employer, even if the current or former student owes a debt). Provides that an institution of higher education may adopt a more lenient policy on providing an official transcript to a current or former student who owes a debt. Provides that beginning with the 2023-2024 academic year, each institution of higher education shall adopt a policy that outlines the process by which a current or former student may obtain a transcript or diploma that has been withheld from the student because the student owes a debt. Provides for minimum requirements for the policy. Provides that the institution of higher education does not need to institute a new policy if the institution's current policy meets the minimum requirements. Provides that on or before July 1, 2024 and on or before each July 1 thereafter, each institution of higher education shall report to the Board of Higher Education information regarding financial-based transcript and registration holds. Provides that complaints from current or former students who have had an unofficial or official transcript withheld may be filed with the Attorney General's student loan ombudsperson. Makes conforming changes.

Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.

Amends the Guardianship and Advocacy Act. Provides that the guardianship training program shall include content regarding Alzheimer's disease and dementia. Amends the Probate Act of 1975. Requires a public guardian to complete a one-hour course on Alzheimer's disease and dementia within 6 months of appointment and annually thereafter.

Amends the Automatic Contract Renewal Act. Provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately. Defines "clear and conspicuous".