Sen. Ram Villivalam

Amends the School Code. Makes stylistic changes in provisions concerning institutes or inservice training workshops. In provisions concerning inservice training programs, removes the requirement that the training regarding health conditions of students include the chronic health conditions of students and provides that school district employees who are trained to respond to trauma under the provisions shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct. Provides that training regarding the implementation of trauma-informed practices under the provisions concerning institutes or inservice training workshops satisfies the requirements under the provisions concerning inservice training programs. Removes certain provisions that require a school board to conduct inservice training for all school district employees on the methods to respond to trauma. Makes technical changes having a revisory function. Effective January 1, 2025.

Amends the Swimming Facility Act. Provides that rules adopted by the Department of Public Health under the Act must include unique design criteria and general standards for above-ground pools.

Amends the Whistleblower Act. Defines "adverse action" to have the same meaning as "adverse employment action" in the Civil Rights Act of 1964. Defines "retaliation" to mean the protected activity proximately caused any adverse action by any employer. Prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy that prevents the disclosure or for retaliating against an employee for disclosing information to a government or law enforcement agency if the employee has a good faith belief that the disclosed information is a violation of law (now, a "reasonable cause to believe"). Prohibits an employer from retaliating against an employee for refusing to participate in any past, current, or future activity that could result in a violation of a municipal, county, State, or federal law or rule. Allows an employee to request front pay in a civil action for a violation of this Act.

Amends the Nursing Home Care Act. Provides that a facility that has received a notice of violation for a violation of minimum staffing requirements is not required to display a notice concerning the violation if staffing was at 90% of the minimum staffing requirements or the facility corrected the violation of the minimum staffing requirements before the posting deadline. Effective immediately.

Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency and Office of Homeland Security may make grants to small businesses for eligible security improvements that assist the small business in preventing, preparing for, or responding to threats, attacks, or acts of terrorism. Sets forth requirements concerning eligibility, application, and Agency procedures. Defines "small business". Effective immediately.

Amends the Condominium Property Act. Prohibits directors from voting by proxy or by secret ballot at board meetings with the exception that secret ballots may be used in the election of officers. Prohibits voting by proxy or by secret ballot at any meeting or special meeting if a final decision may be made affecting (i) the expenditure of association funds; and (ii) architectural decisions affecting a unit owner's residential property. Requires removal from the board members who have been charged with a number of crimes including but not limited to (i) forgery of a ballot envelope or voting certificate used in a homeowners' association election; (ii) theft or embezzlement involving the association's funds or property; and destruction of or the refusal to allow inspection or copying of an official record of a homeowners' association which is accessible to parcel owners within the time periods required by law in furtherance of any crime. Provides that if charges are resolved without a finding of guilt or without acceptance of a plea of guilty or nolo contendere, the member of the board shall be reinstated for any remainder of their term. Requires members of the board who are appointed by the developer to disclose to the association their relationship to the developer each calendar year in which they serve on the board. Requires members appointed by the developer must disclose any other activity that may reasonably be construed to be a conflict of interest. Provides that members of the board must disclose any activity that may be reasonably construed to be a conflict of interest at least 14 days before voting on an issue or entering into a contract that is the subject of the conflict. Imposes a fine of not more than $2,500 if the board fails to provide documents to any member of the association as provided in this Act. Requires that the declaration or bylaws of a condominium association require mediation or arbitration of disputes in which the matter in controversy has either no specific monetary value or a value of $10,000 or less, other than the levying and collection of assessments, or that arises out of violations of the declaration, bylaws, or rules and regulations of the condominium association. Provides that the declaration or bylaws of a condominium association may require mediation or arbitration of disputes for all other disputes.

Amends the Personnel Record Review Act. Provides that every employee has a legal right to inspect, copy, and receive copies of specified documents. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Makes other changes. Repeals provisions concerning personnel record inspections by representatives of the employee.

Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately.

Amends the Hospital Licensing Act. Provides that "hospital worker" means any person who receives an hourly wage directly or indirectly via a subcontractor by a hospital licensed under the Act. Replaces references to "nurse" with "hospital worker". Provides for additional staffing transparency and reporting requirements. Provides that hospitals licensed under the Act must employ and schedule enough hospital workers to provide quality patient care and ensure patient safety. Provides that hospitals must make available, at the beginning of each calendar year and upon request, all staffing matrices and other staffing metrics, if any, used to assess and maintain safe staffing levels for hospital workers in each unit. Provides that the Department of Public Health shall produce an annual report based on staffing disclosures. Provides that the Department shall make recommendations for minimum staffing standards for hospital workers in each hospital unit. Provides that hospitals licensed under the Act shall conduct, within the first month of employment and at no cost, a competency validation for each hospital worker hired. Provides that a hospital must submit documentation of each hospital worker's competency validation to the Department within 4 weeks after the worker's start date. Provides that hospitals shall conduct ongoing verification for each hospital worker employed during a given calendar year to determine each worker's continued competency to perform the worker's job and shall submit documentation of each worker's ongoing verification to the Department within 2 weeks of completion. Provides that hospitals shall submit a list of all competent employees currently employed at the end of each calendar year. Provides for a public registry of all competent employees to be maintained by the Department. Provides for the imposition of civil penalties for specified violations of the Act. Describes an assignment despite objection resolution process to be implemented by each hospital that is licensed under the Act. Provides for a Hospital Safety Advocate role to be created within the Department.

RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the Senate adjourns on Thursday, March 14, 2024, it stands adjourned until Wednesday, March 20, 2024, or to the call of the President; and when the House of Representatives adjourns on Thursday, March 14, 2024, it stands adjourned until Wednesday, March 20, 2024, or to the call of the Speaker.