Sen. Sara Feigenholtz

Amends the Student Online Personal Protection Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 85/1 Adds reference to: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1a new 105 ILCS 5/27-9.1b new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 110/3 105 ILCS 5/27-9.1 rep. 105 ILCS 5/27-9.2 rep. 105 ILCS 5/27-11 rep. Replaces everything after the enacting clause. Amends the School Code. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, beginning no later than July 1, 2023, requires a school district, including a charter school, to provide comprehensive personal health and safety education in kindergarten through the 5th grade and comprehensive sexual health education in the 6th through 12th grades in all public schools. Sets forth the criteria that all classes that teach comprehensive personal health and safety and comprehensive sexual health education must satisfy. Contains, among other provisions, provisions concerning guest lecturers or resource persons, participation, the review of instructional materials, learning standards, resource materials, and reporting. Requires a school district, including a charter school, to provide age and developmentally appropriate consent education in the 3rd through 12th grades; sets forth what the instruction and materials must include. Makes changes in the Chicago School District Article concerning AIDS training. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the program established under the Act. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. Makes changes to the definitions of "complete", "comprehensive personal health and safety education", and "comprehensive sexual health education" and the learning standards. Provides that the annual report to the General Assembly must be submitted for a period of 2 (rather than 5) years. Requires age and developmentally appropriate consent education to be provided in kindergarten (rather than the 3rd grade) through the 12th grade. Corrects a grammatical error. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 105 ILCS 110/3 Removes provisions concerning the comprehensive health education program. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 818 as il is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Pension Note (Government Forecasting & Accountability) SB 0818, as engrossed, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 0818, as Engrossed, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Fiscal Note (Dept. of Human Services) No fiscal impact to IDHS related to the changes proposed in SB 818. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Correctional Note (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note (Dept. of Public Health) SB 818 would not pose any fiscal cost aside from standard staff time helping ISBE develop standards, where the cost would be negligible. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 818; therefore, there are no appraisals to be filed. Fiscal Note (State Board of Education) SB 818 will have a fiscal impact of $2,175,588.61 over 3 fiscal years.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a violation of the federal Eliminating Kickbacks in Recovery Act of 2018 constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends a provision of the Consumer Fraud and Deceptive Business Practices Act concerning the deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment. Provides that it is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or any other remuneration. Provides that it is not an unlawful practice for programs and facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. Provides that it is not an unlawful practice for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Provides that compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not an unlawful practice if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. Effective immediately.

Amends the Dual Credit Quality Act. Provides that a community college district shall, upon the request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit courses for students with intellectual disabilities. Provides that courses shall include, if appropriate, support outlined in the student's individualized education program and support provided under a significantly modified curriculum. Provides that within one year after the effective date of the amendatory Act, every community college district in this State shall create a plan outlining a partnership agreement with a school district to offer dual credit courses for students with intellectual disabilities; requires the plan to be updated every 3 years thereafter. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Dual Credit Quality Act. Within one year after the effective date of the amendatory Act, requires each community college district to develop a plan to offer dual credit courses to high school students with disabilities enrolled in school districts located within the jurisdiction of the community college district who have an individualized education program under the Children with Disabilities Article of the School Code and who do not otherwise meet the academic criteria for dual credit course eligibility pursuant to the Act. Sets forth requirements concerning the plan. Effective immediately. House Floor Amendment No. 2 Adds reference to: 105 ILCS 5/14-8.03 from Ch. 122, par. 14-8.03 110 ILCS 27/16 110 ILCS 805/3-29.14 new Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code in provisions concerning transition services. Makes changes relating to the definition of terms. Provides that, as a component of transition planning, a school district shall provide a student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities; sets forth what the CTE information must include. Provides that a student in high school with an individualized education program may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals. Makes changes concerning the participants in the transition planning process. Amends the Dual Credit Quality Act. Requires a high school and community college partnership agreement to include the collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course; sets forth other requirements. Amends the Public Community College Act. Requires each community college district to provide access to higher education for students with disabilities. Encourages each community college to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations. Strongly encourages each community college to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team about the community college and the availability of courses and programs at the community college. Effective immediately.

Amends the Illinois Insurance Code to require a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2022 to provide coverage for a colonoscopy that is a follow-up exam based on an initial screen where the colonoscopy was determined to be medically necessary by a physician licensed to practice medicine in all its branches, an advanced practice registered nurse, or a physician assistant. Provides that a group insurance policy shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on colonoscopy coverage, except to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Makes conforming changes in the Counties Code, the Illinois Municipal Code, and the Health Maintenance Organization Act. Effective January 1, 2022.

Amends the Children and Family Services Act. Provides that no youth in care shall be required to store his or her belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department of Children and Family Services. Requires the Department and all purchase of service agencies under contract with the Department to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system. Senate Committee Amendment No. 1 Removes language requiring all purchase of service agencies under contract with the Department of Children and Family Services to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system.

Amends the Illinois Pension Code. In the State Universities Article, provides that the optional defined contribution plan shall provide for one or more automatic contribution arrangements, at least one of which shall be an eligible automatic contribution arrangement that permits a withdrawal of default elective contributions in accordance with a specified provision of the Internal Revenue Code of 1986. In the Illinois Municipal Retirement Fund (IMRF) Article, provides that the amount of the separation benefit shall include interest credited to the end of the preceding calendar year for contributions made under provisions authorizing employees to make additional contributions for retirement annuity purposes. Provides that employees who first participate in the Fund on or after 6 months after the effective date of the amendatory Act shall automatically contribute 3% of each payment of earnings as additional contributions for retirement annuity purposes. Provides that employees may change such contributions to an amount not to exceed 10% of each payment of earnings at any time. Provides that the Board may limit the number of withdrawals of those additional contributions to an amount not less than once per calendar year and may charge an administrative fee. In the Deferred Compensation Article, provides for automatic enrollment of any employee who is a member under the State Employee, Downstate Teacher, or Chicago Teacher Article, regardless of when the employee first became a member under that Article. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that the changes to the IMRF and Deferred Compensation Articles of the Illinois Pension Code and to the State Mandates Act take effect January 1, 2022. Senate Floor Amendment No. 3 Deletes reference to: 40 ILCS 5/7-168 40 ILCS 5/7-173 40 ILCS 5/24-105.2 Adds reference to: 40 ILCS 5/16-204 40 ILCS 5/24-104 from Ch. 108 1/2, par. 24-104 Replaces everything after the enacting clause. Amends the Illinois Pension Code. In the State Universities Article, provides that the System shall offer a deferred compensation plan that is eligible under a specified provision of the Internal Revenue Code of 1986 to participating employees of the System employed by employers that qualify as eligible employers under a specified provision of the Internal Revenue Code of 1986 (instead of offering a defined contribution benefit to active members of the System). Changes references from "defined contribution benefit" to "deferred compensation plan". Provides that the System shall automatically enroll in the eligible deferred compensation plan any employee of an eligible employer who first becomes a participating employee of the System on or after July 1, 2022 under an eligible automatic contribution arrangement. Provides that an employee who is automatically enrolled shall have 3% of his or her compensation for each pay period deferred on a pre-tax basis into his or her account. Provides that an employee may elect not to participate or to increase or reduce the amount of elective deferrals made to the plan. Provides that the System may provide that the default percentage for any employee automatically enrolled in the eligible deferred compensation plan be increased by a specified percentage each plan year after the plan year in which the employee is automatically enrolled in the plan. Provides that the changes are intended to be retroactive to August 10, 2018 (the effective date of Public Act 100-769, which established the defined contribution benefit). In the Downstate Teacher Article, provides that the System may use funds provided under a provision concerning State and employer contributions to defray any and all costs of creating and maintaining the defined contribution benefit and then shall reimburse those costs from funds received from the employee and employer contributions to the defined contribution benefit. Provides that as soon as is practicable on or after January 1, 2022, the System shall automatically enroll any employee in the optional defined contribution benefit who first becomes an active member or participant in the System, and the member shall have 3% of his or her pre-tax gross compensation for each compensation period deferred into his or her deferred compensation account, unless the member otherwise instructs the System. Provides that the System may elect to increase the contribution rate subject to certain restrictions. In the Deferred Compensation Article, provides that pamphlets describing the deferred compensation plan shall not be distributed to employees who are covered under the Illinois Municipal Retirement Fund (IMRF), State Universities, or Downstate Teacher Articles. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Floor Amendment No. 4 Deletes reference to: 40 ILCS 5/24-104 Adds reference to: 40 ILCS 5/24-102 from Ch. 108 1/2, par. 24-102 In the State Universities Article of the Illinois Pension Code, provides that the System shall automatically enroll in the eligible deferred compensation plan any employee of an eligible employer who first becomes a participating employee of the System on or after July 1, 2023 (rather than July 1, 2022) under an eligible automatic contribution arrangement. In the Public Employees' Deferred Compensation Article of the Illinois Pension Code, provides that "employee", for the purposes of the State Employees Deferred Compensation Plan, does not include a person employed by a certain State university employer who first becomes a participant of the retirement system under the State Universities Article on or after July 1, 2023 unless the person has made an election to defer compensation into the State Employees Deferred Compensation Plan under a written agreement and the deferral election is in effect as of June 30, 2023. Removes language that provides that pamphlets describing the deferred compensation plan shall not be distributed to employees who are covered under the Illinois Municipal Retirement Fund (IMRF), State Universities, or Downstate Teacher Articles.

Creates the Racial Disproportionality in Child Welfare Task Force Act. Creates the Racial Disproportionality in Child Welfare Task Force within the Department of Children and Family Services. Requires the Task Force to examine the historical and current role of mandatory reporting and its impact on the racial and gender disparities of families involved with the Department of Children and Family Services; examine the underlying factors that bring families into contact with the Department and the factors that lead to child removal; review the Department's progress on the planning and implementation of the Family First Prevention Services Act; examine the current processes and policies, data, and data collection methods for families involved simultaneously in the child welfare, juvenile justice, or criminal justice systems; explore policies and protocols for race-blind child protection screenings and child removal reviews; and other duties. Contains provisions concerning the composition of the Task Force and Task Force meetings. Requires the Task Force to submit a report to the General Assembly and the Governor within one year after the Task Force has its first meeting. Provides that the report shall contain policy recommendations that seek to prioritize preserving and reunifying families involved in the child welfare system, particularly Black families; reduce child welfare system involvement, particularly for Black families; and eliminate racial disproportionality in system involvement and the disproportionate impact of system involvement on families. Provides that the Task Force is dissolved, and the Act repealed, on January 1, 2024. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the Task Force shall include one member (rather than 2 members) from an organization with expertise in the child welfare system that advocates to preserve and reunify families, appointed by the Governor's Office; 2 members who provide legal representation on behalf of the State of Illinois in child protection cases, one from the Cook County State's Attorney's Office, appointed by the Governor's Office, and one from a State's Attorney's office outside of Cook County, appointed by the Governor's Office; and one member from a statewide organization advocating for the advancement of civil liberties for at least 80 years in Illinois, appointed by the Governor's Office. Provides that the Department of Children and Family Services shall facilitate the prompt and timely collection and provision of data as requested by or on behalf of the Task Force. Requires the Task Force to explore policies and protocols that honor language, culture, and heritage in identity formation and familial relationships, including, but not limited to, race-blind child protection screenings and child removal reviews, as implemented in other jurisdictions around the United States, and to make recommendations for implementation in Illinois. Effective immediately. House Floor Amendment No. 2 Provides that any data provided by the Department of Children and Family Services to the Racial Disproportionality in Child Welfare Task Force shall not contain any personally identifiable information of any clients or families in accordance with the provisions of the Abused and Neglected Child Reporting Act.

Amends the Victims' Economic Security and Safety Act. Provides that victims and family members of victims of crimes of violence (in addition to victims of domestic violence, sexual violence, and gender violence) are subject to the provisions of the Act regarding unpaid leave and prohibited discriminatory acts. Amends the Unemployment Insurance Act. Provides that victims of crimes of violence shall not be barred from collecting voluntary leave benefits. Defines terms. Makes other changes. House Floor Amendment No. 1 Deletes reference to: 820 ILCS 405/601 Replaces everything after the enacting clause with provisions identical to the bill as introduced except: (1) includes as a family or household member any individual whose close association with the employee is the equivalent of a family relationship rather than a person whose close relationship with the employee is the equivalent of a family relationship and (2) deletes provisions amending the Unemployment Insurance Act. Senate Committee Amendment No. 1 Deletes reference to: 820 ILCS 180/35 Replaces everything after the enacting clause with contents of the engrossed bill, but deletes provisions authorizing an employee to file a civil action.

Amends the Illinois Vehicle Code. Allows the Secretary of State to provide a disabilities motor decal or device to an expectant mother during her third trimester. Provides that a decal or device provided to an expectant mother shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. Provides that a decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester.

Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective July 1, 2022. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/26A-55 new Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure are entitled to simultaneous written notification of the results of the complaint resolution procedure within 10 business days (instead of 7 calendar days) after a decision or sooner if required by State or federal law or district policy. Provides that the complainant and respondent and any perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days but in no case more than 15 business days (rather than within 7 calendar days but in no case more than 14 calendar days) after the conclusion of the review of findings or remedies or sooner if required by State or federal law. Removes a provision concerning enforcement; makes corresponding changes. Corrects typographical errors. Effective July 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment 1 with the following change. Adds one member who represents an association representing rural school superintendents to the Ensuring Success in School Task Force. Effective July 1, 2022. Fiscal Note, House Floor Amendment No. 1 (IL State Board of Education) As amended by HA 1, HB 3223 will have a fiscal impact of$139,652.04 annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts_ State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Sets forth provisions concerning suspension and expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Creates the Ensuring Success in School Task Force. Sets forth provisions concerning complaint resolution procedures and confidentiality. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes a conforming change to the Charter Schools Law. Makes other changes. Effective July 1, 2023. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Repeals the Section concerning the Ensuring Success in School Task Force on December 1, 2025 (instead of December 1, 2023). Amends the provisions concerning confidentiality. Requires each school district to adopt and ensure that the school has and implements a confidentiality policy regarding students. Provides that information about a student concerning whether the student has obtained assistance, support, or services (rather than only assistance or services) must be kept in strictest of confidence, except if the disclosure is permitted under (rather than in conflict with) certain State or federal laws or consented to in writing by the student or the student's parent or guardian. Provides that information about students may not be disclosed to any other individual outside of the district (rather than may not be disclosed to any other individual). With regard to domestic or sexual violence, provides that except as permitted (rather than except as required) under State or federal law, a school official may contact (instead of must not contact) the person named to be the perpetrator if the school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim. Provides that a school district must not contact a person named by a student or the student's parent or guardian without providing prior written notice to the student or the student's parent or guardian (rather than without obtaining written permission from the student or the student's parent or guardian). Removes provisions requiring a school district to comply with the confidentiality provisions no later than July 1, 2024. Effective July 1, 2025.