Photo of Toi W. Hutchinson
D Illinois Senate · District 40 · Former member

Sen. Toi W. Hutchinson

Compare
Total votes
12,960
all sessions
Attendance
91%
1,127 missed
Lower than 83% of chamber peers
With party
99%
of cast votes
Near the chamber average
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
549
bills & resolutions
Near the chamber average
Committees
0
assignments
549 bills and resolutions

Sponsored bills

Total
549
Primary
0
Co-sponsor
549
This page
549
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Co-sponsor SB 1199
Passed · Illinois Senate · Co-sponsor
PROP TX-VETERANS-DISABILITY

Amends the Property Tax Code. Provides that a taxpayer who has been granted a homestead exemption for veterans with disabilities need not reapply if he or she has been found by the Department of Veterans' Affairs to be permanently and totally disabled. Provides when any change occurs in use or ownership of property that has been granted a homestead exemption for veterans with disabilities, the transferee shall notify the chief county assessment officer of the change in writing within 90 days. Provides that the chief county assessment officer shall ensure that, if the property ceases to qualify for the exemption as a result of the change in use or ownership, then the exemption shall be removed beginning with the next taxable year after the change occurs. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 200/15-169 Adds reference to: 35 ILCS 200/1-55 Replaces everything after the enacting clause. Amends the Property Tax Code. Makes a technical change in a Section concerning the definition of "33 1/3%". House Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/1-55 Adds reference to: 20 ILCS 605/605-1025 20 ILCS 607/3-20 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 35 ILCS 120/1 from Ch. 120, par. 440 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 35 ILCS 200/10-390 Replaces everything after the enacting clause. Amends the Property Tax Code. Makes changes concerning the valuation of supportive living facilities to provide that the gross potential income must not exceed the maximum individual Supplemental Security Income (SSI) amount minus a resident's personal allowance, multiplied by the number of apartments authorized by the supportive living facility certification. Amends the Illinois Income Tax Act to make changes to the definitions of gross income, adjusted gross income, and taxable income to include certain Internal Revenue Code provisions related to net operating losses. Amends the Service Use Tax Act and the Service Occupation Tax Act. Extends the 1% rate of tax to food prepared for immediate consumption and transferred incident to a sale of service at a facility subject to the Assisted Living and Shared Housing Act or the Life Care Facilities Act. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Modifies provisions concerning data center investment. Provides that a "qualifying Illinois data center" means a new or existing data center that, among other requirements, certifies to the Department of Commerce and Economic Opportunity that it is carbon neutral or has attained specified certification within 2 years (currently, 90 days) after being placed in service. Amends the Brownfields Redevelopment and Intermodal Promotion Act. Extends the use of the South Suburban Brownfields Redevelopment Fund until 2022 (currently, 2021). Effective immediately. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1199, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1199, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 1199 House Amendment #2; therefore, there are no appraisals to be filed. Fiscal Note, House Floor Amendment No. 2 (Dept. of Revenue) Most of the provisions in the bill are expected to have limited to no fiscal impact except for the amendment to the Illinois Income Tax Act. Decoupling from provisions added to Section 172 and Section 461 of the Internal Revenue Code dealing with Net Operating Loss and Excess Business Losses, which were included in the federal CARES Act, will minimally prevent a reduction in revenue of $500 million. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1199, as amended by House Amendment 2 as it 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. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

Passed Jan 13, 2021 1 co-sponsor
Co-sponsor SB 1621
Passed · Illinois Senate · Co-sponsor
COMPLETE COUNT COMMISSION

Amends the Illinois Complete Count Commission Act. Provides that members serving on the Commission on the effective date of this amendatory Act may be reappointed as members for consecutive decennial census terms. Provides that the census outreach strategy shall have a strategic focus on addressing hard to count and underserved communities that the census historically overlooks, including, but not limited to, communities of color, urban and rural low-income households, immigrants, populations with language barriers, and young children. Provides for local complete count commissions. Provides further reporting requirements. Provides for Post-decennial census activities. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds the Lieutenant Governor as a member of the Illinois Complete Count Commission. Provides that any vacancies occurring on or after the effective date of this amendatory Act may be filled by the Lieutenant Governor. Provides that the Lieutenant Governor (currently, Secretary of State) shall serve as chairperson of the Commission. Provides that the census outreach strategy shall have a strategic focus on addressing hard to count and underserved communities that the census historically overlooks, including, among other groups, homeless persons, senior citizens, and veterans. Provides for the creation of local Complete Count Committees (currently, local Complete Count Commissions). Requires the Commission to form relationships with specified independent organizations for the purpose of creating Complete Count Committees. Requires the Commission to issue a report (currently, final report) specifying its recommended outreach strategy for implementation for the 2020 Census no later than January 1, 2020 (currently, June 30 2019). Requires the Commission to submit a final report to the General Assembly no later than December 31, 2020 detailing the work of the Commission concerning outreach, promotion, and community support during the 2020 calendar year. Makes conforming changes. Effective immediately. House Committee Amendment No. 3 Deletes reference to: 20 ILCS 5100/5 20 ILCS 5100/15 20 ILCS 5100/20 20 ILCS 5100/25 Adds reference to: 20 ILCS 4070/1 Replaces everything after the enacting clause. Amends the Commission on Discrimination and Hate Crimes Act. Makes a technical change in a Section concerning the short title.

Passed Jan 13, 2021 1 co-sponsor
Co-sponsor SB 1510
Passed · Illinois Senate · Co-sponsor
NURSING HOME CARE ACT-VARIOUS

Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Removes language that requires light intermediate care to be staffed at the same staffing ratio as intermediate care. Provides that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Defines "intermediate care" and "skilled care". Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that monetary penalties shall be imposed beginning no later than October 1, 2020 and quarterly thereafter. Provides that a violation of the minimum staffing requirements is, at minimum, a Type "B" violation. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Adds members to the Long-Term Care Facility Advisory Board. Provides that the affirmative vote of 7 (instead of 6) members of the Board shall be necessary for Board action. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's legal representative before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Throughout the Act, replaces references to a resident's authorized representative with references to a resident's surrogate decision maker. Contains provisions regarding the Department of Public Health's informed consent protocol. Provides that the Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, unless specified exceptions apply. Provides that informed consent forms may include side effects that the Department reasonably believes are more common. Provides that informed consent shall be sought by the facility from the resident unless the resident's attending physician determines that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act. Provides that if the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker. Provides that no monetary penalty may be issued during the implementation period of rules establishing those penalties. Provides that the implementation period shall be July 1, 2020, through September 30, 2020. Provides that if a violation of staffing requirements is not more than a 5% deviation of the required minimum staffing requirements, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust any penalty or type or class of violation. Provides a notice form for facilities that do not meet the minimum staffing ratios. Makes other changes. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Adds reference to: 210 ILCS 45/1-101 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: New Act 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5-5.07 305 ILCS 5/14-12 305 ILCS 5/12-4.53 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 225 ILCS 65/55-35 225 ILCS 65/60-40 225 ILCS 70/11 from Ch. 111, par. 3661 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. In a Section concerning the Department of Children and Family Services' per diem rate for an inpatient psychiatric stay beyond medical necessity, provides that the Section is inoperative on and after July 1, 2021 (instead of July 1, 2020). Provides that notwithstanding the provision of Public Act 101-209 stating that the Section is inoperative on and after July 1, 2020, the Section is operative from July 1, 2020 through June 30, 2021. Provides that beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Requires the Department of Healthcare and Family Services to establish a health care transformation program which shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. In a provision concerning Prospective Payment System rates for federally qualified health centers (FQHCs), provides that one method to increase such rates is to use an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates. Creates the COVID-19 Medically Necessary Diagnostic Testing Act. Provides that a health plan shall not impose utilization management requirements on COVID-19 diagnostic tests for nursing home employees. Provides that medically necessary COVID-19 testing is urgent care, and health plans shall not extend the applicable wait time for a COVID-19 testing appointment, even if such an extension would otherwise be permitted. Requires a health plan to reimburse the testing provider for medically necessary COVID-19 testing at the contracted rate if the health plan has a contract with the testing provider. Amends the Medical Assistance Article of the Illinois Public Aid Code. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Provides that an individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Amends the Hospital Licensing Act. Provides that whenever a public health emergency has resulted in pre-admission screenings to be waived in lieu of screenings post admission to a nursing home and the case coordination unit, upon being timely notified of the need to complete the post-admission screen, fails to complete the screen within the allotted time, the nursing facility shall not be penalized and shall be reimbursed for care from the date of admission. Effective immediately.

Passed Jan 13, 2021 1 co-sponsor
Co-sponsor SB 1829
Passed · Illinois Senate · Co-sponsor
WORKPLACE TRANSPARENCY ACT

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Passed Jan 10, 2021 1 co-sponsor
Co-sponsor SB 1215
Passed · Illinois Senate · Co-sponsor
GA-UNIT OF LOCAL GOVT PROHIBIT

Amends the General Assembly Organization Act. Provides that until January 1, 2022 (currently, January 1, 2020), the General Assembly shall not enact any law creating any new unit of local government. Repeals the Section on January 1, 2022. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 25 ILCS 5/3.2 Adds reference to: 25 ILCS 5/3 from Ch. 63, par. 3 Replaces everything after the enacting clause. Amends the General Assembly Organization Act. Makes a technical change in a Section concerning the deposit of books, bills, documents, and papers with the Secretary of State.

Passed Jan 8, 2021 1 co-sponsor
Co-sponsor SB 2132
In committee · Illinois Senate · Co-sponsor
CLEAN ENERGY JOBS-TECH

Creates the Clean Energy Jobs Act. Contains only a short title provision.

In committee Dec 8, 2020 1 co-sponsor
Co-sponsor SB 59
In committee · Illinois Senate · Co-sponsor
DUAL CREDIT COURSE-FEES

Amends the Dual Credit Quality Act. Provides that an institution may not collect fees from a high school student enrolled in a dual credit course in excess of what the institution needs, per student, to administer a dual credit program. Provides that any fees collected from the high school student may not be used for any purpose other than administering the dual credit program. Effective immediately.

In committee Dec 7, 2020 1 co-sponsor
Co-sponsor SB 112
Passed · Illinois Senate · Co-sponsor
GA MEMBER COMPENSATION

Amends the General Assembly Compensation Act. Provides that any member of the General Assembly who is appointed to the House of Representatives or Senate after May 31 of an even-numbered year may not receive additional salary for service as a chairman or minority spokesman. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that any member of the General Assembly who is appointed to the House of Representatives or Senate after May 31 of an even-numbered year may not receive additional salary for service as a chairperson or minority spokesperson (currently, chairman or minority spokesman), and specifies that the additional salary may not be received for the remainder of the General Assembly in which the member is appointed. Makes conforming changes concerning references to chairman and spokesman. Effective immediately.

Passed Dec 7, 2020 1 co-sponsor
Co-sponsor SB 1559
In committee · Illinois Senate · Co-sponsor
TENANT RADON PROTECTION

Creates the Tenants Radon Protection Act. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard. Provides that if a tenant performs a radon test, the tenant shall provide to the landlord the test result within 10 days after receiving the result. Provides that before a lease is signed a landlord shall furnish each prospective tenant with a prescribed radon hazard disclosure form. Provides that nothing implies an obligation on a landlord or tenant to conduct any radon testing. Provides that a lease may be terminated under specified circumstances involving radon hazards. Provides that this is a limitation on home rule powers. Amends the Illinois Radon Awareness Act. Repeals a provision requiring landlords to give certain disclosures to tenants. Effective January 1, 2020. Senate Committee Amendment No. 1 Adds reference to: New Act Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that manufactured homes and mobile homes are "dwelling units". Defines "manufactured home" and "mobile home".

In committee Dec 1, 2020 1 co-sponsor
Co-sponsor SB 449
Passed · Illinois Senate · Co-sponsor
SCH CD-PARENT-VICTIM-SERVICES

Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1B-22 Adds reference to: 105 ILCS 5/10-21.3a 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6a from Ch. 122, par. 10-22.6a 105 ILCS 5/13A-11 105 ILCS 5/22-60 105 ILCS 5/26-2a from Ch. 122, par. 26-2a 105 ILCS 5/Art. 26A heading new 105 ILCS 5/26A-1 new 105 ILCS 5/26A-5 new 105 ILCS 5/26A-10 new 105 ILCS 5/26A-15 new 105 ILCS 5/26A-20 new 105 ILCS 5/26A-25 new 105 ILCS 5/26A-30 new 105 ILCS 5/26A-35 new 105 ILCS 5/26A-40 new 105 ILCS 5/26A-45 new 105 ILCS 5/26A-50 new 105 ILCS 5/26A-55 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.24 105 ILCS 10/5 from Ch. 122, par. 50-5 30 ILCS 805/8.43 new Replaces everything after the enacting clause. Amends the School Code. Creates the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article. Defines terms. Requires the State Board of Education to create the Ensuring Success in School working group to advise the State Board on the implementation, monitoring, and evaluation of the Article by schools and school districts, including the development of policies, procedures, and protocols to be implemented by schools and school districts; provides for the working group's membership. Every 2 years, requires each school district to review all existing policies and procedures and revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of gender-based violence or any policies or procedures that may compromise a criminal investigation relating to gender-based violence or may re-victimize the youth. On or before July 1, 2020, requires each school district to adopt one procedure to resolve complaints of alleged incidents of student-perpetrated, gender-based violence; specifies procedure requirements. Requires each school district to adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of gender-based violence provided to or otherwise obtained by the school district or its employees or agents shall be retained in the strictest confidence by the school district or its employees or agents. Requires each school district to designate or appoint at least one staff person at each school in the district who is employed at least part-time at the school and who is a school social worker, school psychologist, school counselor, school nurse, school teacher, or school administrator trained to address, in a culturally responsive, confidential, and sensitive manner, the needs of youth who are parents, expectant parents, or victims of gender-based violence; specifies the staff person's duties. Provides that a student who is a victim of gender-based violence must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. Makes other changes. Amends the Illinois School Student Records Act to provide that all information concerning a student's status and related experiences as a parent, expectant parent, or victim of gender-based violence must be retained by the school in the strictest confidence. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.

Passed Nov 6, 2020 1 co-sponsor
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