Sen. Mike Simmons-Gessesse

Amends the Human Skeletal Remains Protection Act. Changes references from "Indian" to "Native American" and "Historic Preservation Agency" to "Department of Natural Resources". Provides that the Director of Natural Resources, in cooperation with the Illinois State Museum, may create a cemetery on existing State lands for the reburial of repatriated Native American remains and materials. Provides that the cemetery shall not be used by the public and shall be protected by the State of Illinois. Provides that the Director of Natural Resources shall cooperate with the State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery.

Amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager shall not prohibit a pharmacist or pharmacy from, or indirectly punish a pharmacist or pharmacy for, making any written or oral statement or otherwise disclosing information to any federal, State, county, or municipal official, including the Director of Insurance or law enforcement, or before any State, county, or municipal committee, body, or proceeding under specified circumstances. Provides that the provisions apply to contracts entered into or renewed on or after July 1, 2023 (rather than July 1, 2022).

Amends the Illinois Housing Development Act. Provides that the Illinois Housing Development Authority (Authority) may develop a program that provides incentives for the development of affordable housing projects that incorporate urban and suburban gardening programs. Provides that under the program, the University of Illinois shall be consulted regarding best practices in urban gardening and farming, including vertical gardening, aquaponics, and community gardening. Provides that an affordable housing project that incorporates an urban or suburban gardening program must provide any land, buildings, or tools necessary to develop and maintain the garden or farm. Provides that under the program, the Authority shall also coordinate and collaborate with the Department of Commerce and Economic Opportunity to create distribution networks that link urban and suburban gardens with local businesses in order to facilitate the sale and distribution of locally-grown agricultural products and food stuffs to consumers residing within the local community. Provides that the Authority and the Department of Commerce and Economic Opportunity may adopt any rules necessary to implement the program. Effective immediately.

Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under the Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024.

Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in the State on or after (rather than only after) January 1, 2024 shall provide coverage for all abortifacients, hormonal therapy medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis drugs approved by the United States Food and Drug Administration, and follow-up services related to that coverage. Effective immediately.

Amends the School Code. Provides that by no later than July 1, 2024, the State Board of Education shall make available to schools, on its Internet website, resource materials developed in consultation with stakeholders regarding a student wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others and the right of a student to wear or accessorize graduation attire with certain items. Provides that a school uniform or dress code policy adopted by a school board, local school council, or registered or recognized nonpublic elementary or secondary school may not prohibit a student from wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others and may not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural or ethnic identity or any protected characteristic or category identified in the Illinois Human Rights Act, including, but not limited to, Native American items of cultural significance.

Creates the Freelance Worker Protection Act. Provides that freelance workers must be compensated by hiring parties for their services in a timely manner. Provides that whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be reduced to writing. Provides that no hiring party shall threaten, intimidate, discipline, harass, deny a work opportunity to, or discriminate against a freelance worker, or take any other action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Contains provisions concerning complaints to the Director of Labor; the powers and duties of the Director; civil actions brought by freelance workers; civil actions brought by the State; the scope of freelance worker contracts; a public awareness campaign; and surveys, information collection, and reporting requirements. Effective immediately.

Amends the School Code. Provides that the State Education Equity Committee shall include a member from an organization that works for economic, educational, and social progress for Native Americans and promotes strong sustainable communities through advocacy, collaboration, and innovation. Requires the State Superintendent of Education to convene a Native American Curriculum Advisory Council. Creates the Native American Curriculum Task Force. Provides that the unit of instruction on the Holocaust and genocides shall include instruction on the Native American genocide in North America. Provides that, beginning with the 2024-2025 school year, every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of the Native American experience and Native American history within the Midwest and the State since time immemorial. Provides that the teaching of the history of the United States shall include the study of the role and contributions of Native Americans and teaching about Native Americans' sovereignty and self-determination. Effective immediately.

Amends the Acupuncture Practice Act. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in provisions concerning unlicensed practice. Provides that for purposes of the Act, telemedicine means the performance of acupuncture provided via technology or telecommunication methods. Provides that the standard of care shall be the same whether a patient is seen in person, through telehealth, or another method of electronically enabled health care. Provides that the Department of Financial and Professional Regulation shall, by rule, determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that whenever the Department has reason to believe that a person has violated the provisions concerning telemedicine, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that an out-of-state person providing a service allowed under the provisions to a patient residing in the State through the practice of telemedicine submits himself or herself to the jurisdiction of the Department and the courts of the State. Amends the Telehealth Act. Changes the definition of "health care professional" to include acupuncturists. Effective immediately.

Creates the Illinois Farm to Food Bank Program Act. Establishes the Illinois Farm to Food Bank Program within the Department of Human Services to help expand the availability of nutritious, locally grown, raised, or processed foods for Illinois' emergency food system. Provides that the program shall (1) acquire and distribute agricultural products from Illinois agricultural entities or aggregators to Illinois' emergency food system, and (2) provide grants to improve capacity of the emergency food system to allow for the proper transportation, storage, or distribution of agricultural products to underserved areas. Provides that the program shall target fruits, vegetables, meat and poultry, dairy, and eggs produced in Illinois. Provides that foods shall be surplus, seconds, or market-grade quality levels and must be safe for consumption. Provides that the program is subject to appropriation and shall dedicate no less than 75% of available funds to acquisition and distribution of food. Requires the Secretary of the Department of Human Services to engage a not-for-profit entity from Illinois' emergency food system to administer the program. Requires the administering entity to have statewide reach and represent multiple food banks that source and distribute food to Illinois food pantries and soup kitchens under the same authorities and standards as the Emergency Food Assistance Program administered by the Department. Contains provisions concerning the duties of the administering entity. Creates the Farm to Food Bank Advisory Council to provide support to the program through facilitating relationship-building and partnerships between the Illinois agricultural sector and the emergency food system and other matters. Provides that the program may distribute food to those food banks with the infrastructure to accept, store, and distribute foods through the emergency food system and with the capacity to serve significant geographic areas within Illinois. Provides that the program shall distribute capacity-building grants for facility upgrades, equipment, or other investments necessary to support the objectives of the program. Requires the Department of Human Services to adopt rules. Effective immediately.