HB4261sam002 103RD GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 5/24/2024

10300HB4261sam002 LRB103 35291 BDA 74116 a

AMENDMENT TO HOUSE BILL 4261

AMENDMENT NO. ______. Amend House Bill 4261, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Children and Family Services Act is amended by changing Section 5.27 as follows:

(20 ILCS 505/5.27)

(Section scheduled to be repealed on January 1, 2026)

Sec. 5.27. Holistic Mental Health Care for Youth in Care Task Force.

(a) The Holistic Mental Health Care for Youth in Care Task Force is created. The Task Force shall review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Additionally, the Task Force shall:

(1) assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care;

(2) review the current payment rates for mental health providers serving the youth in care population;

(3) evaluate the process for smaller private practices and agencies to bill through managed care, evaluate delayed payments to mental health providers, and recommend improvements to make billing practices more efficient;

(4) evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and

(5) any other relevant subject and processes as deemed necessary by the Task Force.

(b) The Task Force shall have 9 members, comprised as follows:

(1) The Director of Healthcare and Family Services or the Director's designee.

(2) The Director of Children and Family Services or the Director's designee.

(3) A member appointed by the Governor from the Office of the Governor who has a focus on mental health issues.

(4) Two members from the House of Representatives, appointed one each by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives.

(5) Two members of the Senate, appointed one each by the President of the Senate and the Minority Leader of the Senate.

(6) One member who is a former youth in care, appointed by the Governor.

(7) One representative from the managed care entity managing the YouthCare program, appointed by the Director of Healthcare and Family Services.

Task Force members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.

(c) The Task Force shall meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. The Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting.

(d) The Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide administrative and other support to the Task Force.

(e) The Task Force shall prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit its final report to the Governor and the General Assembly no later than December 31, 2025 2024. Upon submission of its final report, the Task Force is dissolved.

(f) This Section is repealed on January 1, 2026.

(Source: P.A. 102-898, eff. 5-25-22; 103-154, eff. 6-30-23.)

Section 10. The Community Land Trust Task Force Act is amended by changing Sections 20, 30, and 35 as follows:

(20 ILCS 4126/20)

(Section scheduled to be repealed on December 31, 2024)

Sec. 20. Meetings. The Task Force shall hold its initial meetings within 60 days after the effective date of this Act. The Task Force shall meet at least 6 times before July 1, 2025 December 31, 2024. Additional meetings may be called at the direction of the co-chairs.

(Source: P.A. 103-250, eff. 6-30-23.)

(20 ILCS 4126/30)

(Section scheduled to be repealed on December 31, 2024)

Sec. 30. Report. The Task Force shall submit its final report to the Governor and General Assembly no later than December 31, 2025 2024. The final report shall be made available on the Illinois Housing Development Authority's website for viewing by the general public.

(Source: P.A. 103-250, eff. 6-30-23.)

(20 ILCS 4126/35)

(Section scheduled to be repealed on December 31, 2024)

Sec. 35. Dissolution; repeal. The Task Force is dissolved and this Act is repealed on December 31, 2025 2024.

(Source: P.A. 103-250, eff. 6-30-23.)

Section 15. The Illinois Flag Commission Act is amended by changing Section 5 as follows:

(20 ILCS 4127/5)

(Section scheduled to be repealed on January 1, 2026)

Sec. 5. Illinois Flag Commission.

(a) The Illinois Flag Commission is hereby established.

(b) The purposes of the Commission are to develop new State flag designs and to make recommendations to the General Assembly concerning whether the current State flag ought to be replaced with a redesigned State flag.

(c) The Commission shall consist of the following members:

(1) the Secretary of State or the Secretary of State's designee, who shall serve as Chair of the Commission;

(2) 3 members appointed by the Governor;

(3) 4 members appointed by the President of the Senate, not more than one of whom may be a current member of the General Assembly;

(4) 4 members appointed by the Speaker of the House of Representatives, not more than one of whom may be a current member of the General Assembly;

(5) 4 members appointed by the Minority Leader of the Senate, not more than one of whom may be a current member of the General Assembly;

(6) 4 members appointed by the Minority Leader of the House of Representatives, not more than one of whom may be a current member of the General Assembly;

(7) the State Superintendent of Education or the Superintendent's designee; and

(8) the Chairperson of the Board of the Illinois State Museum or the Chairperson's designee.

(d) In furtherance of its purposes under this Act, the Commission shall:

(1) establish and adopt goals and guiding principles for the redesign of the State flag;

(2) establish a process for the submission of proposed designs for a new or revised State flag and guidelines for the assessment of those proposed designs;

(3) create a publicly accessibly website that provides:

(A) historical information about the State flag;

(B) a timeline and explanation of the process to be used to redesign the State flag;

(C) an online suggestion box through which residents can offer design ideas for the State flag; and

(D) a survey function through which residents can vote on potential State flag designs;

(4) engage in a public awareness campaign with the design community and advocacy groups, as well as Illinois schools, universities, and public libraries, concerning the Commission's efforts to redesign the State flag;

(5) select, on or before January 1, 2025 September 1, 2024, a group of no more than 10 proposed flag designs that:

(A) represent the State; and

(B) adhere to the guiding principles established by the Commission under subparagraph (1);

(6) develop a review and selection process for proposed flag designs that incorporates the input of children and young people in the State;

(7) on or before April 1, 2025 December 3, 2024, submit to the General Assembly a written report that describes:

(A) the proposed flag designs submitted to the Commission;

(B) the process used by the Commission to review the proposed flag designs submitted to it;

(C) the group of no more than 10 proposed flag designs selected by the Commission;

(D) the Commission's recommendation for a revised or new State flag; and

(E) the Commission's recommendations to the General Assembly concerning whether the current State flag ought to be retained or replaced with a revised or new State flag.

(e) The appointing authorities shall make appointments to the Commission as soon as practicable after the effective date of this Act, and the Chair of the Commission shall convene the first meeting of the Commission by no later than June 30, 2024 September 1, 2023. Subsequent meetings of the Commission shall convene at the call of the Chair of the Commission. A majority of all the appointed members of the Commission shall constitute a quorum for the transaction of business, and all recommendations of the Commission shall require approval of a majority of the members of the Commission. Meetings of the Commission are subject to the Open Meetings Act.

(f) Members of the Commission shall serve without compensation but may be provided, from moneys appropriated to the Secretary of State for implementation of this Section, a per diem established by the Secretary of State to cover reasonable meal, travel, and lodging expenses incurred by Commission members as a result of their duties under this Section.

(g) The Office of the Secretary of State shall provide administrative support to the Commission.

(Source: P.A. 103-513, eff. 8-7-23.)

Section 20. The Alternative Protein Innovation Task Force Act is amended by changing Section 20 as follows:

(20 ILCS 4128/20)

(Section scheduled to be repealed on January 1, 2025)

Sec. 20. Report; dissolution of Task Force; repeal of Act.

(a) The Task Force shall submit a report of its findings and recommendations to the General Assembly no later than June 30, 2025 2024.

(b) The Task Force shall be dissolved on December 31, 2025 2024.

(c) This Act is repealed on January 1, 2026 2025.

(Source: P.A. 103-543, eff. 8-11-23; 103-564, eff. 11-17-23.)

Section 25. The Legislative Commission Reorganization Act of 1984 is amended by changing Section 4-7 as follows:

(25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)

Sec. 4-7. The Commission on Government Forecasting and Accountability shall report to the Governor and to the Legislature within 15 days after the convening of each General Assembly, and at such other time as it deems appropriate. The members of all committees which it establishes shall serve without compensation for such service, but they shall be paid their necessary expenses in carrying out their obligations under this Act. The Commission may by contributions to the Council of State Governments, participate with other states in maintaining the said Council's district and central secretariats, and its other governmental services.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

Section 30. The School Code is amended by changing Section 21B-30 as follows:

(105 ILCS 5/21B-30)

Sec. 21B-30. Educator testing.

(a) (Blank).

(b) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall design and implement a system of examinations, which shall be required prior to the issuance of educator licenses. These examinations and indicators must be based on national and State professional teaching standards, as determined by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education may adopt such rules as may be necessary to implement and administer this Section.

(c) (Blank).

(c-5) The State Board must adopt rules to implement a paraprofessional competency test. This test would allow an applicant seeking an Educator License with Stipulations with a paraprofessional educator endorsement to obtain the endorsement if he or she passes the test and meets the other requirements of subparagraph (J) of paragraph (2) of Section 21B-20 other than the higher education requirements.

(d) All applicants seeking a State license shall be required to pass a test of content area knowledge for each area of endorsement for which there is an applicable test. There shall be no exception to this requirement. No candidate shall be allowed to student teach or serve as the teacher of record until he or she has passed the applicable content area test.

(d-5) The State Board shall consult with any applicable vendors within 90 days after July 28, 2023 (the effective date of Public Act 103-402) this amendatory Act of the 103rd General Assembly to develop a plan to transition the test of content area knowledge in the endorsement area of elementary education, grades one through 6, by July 1, 2026 to a content area test that contains testing elements that cover bilingualism, biliteracy, oral language development, foundational literacy skills, and developmentally appropriate higher-order comprehension and on which a valid and reliable language and literacy subscore can be determined. The State Board shall base its rules concerning the passing subscore on the language and literacy portion of the test on the recommended cut-score determined in the formal standard-setting process. Candidates need not achieve a particular subscore in the area of language and literacy. The State Board shall aggregate and publish the number of candidates in each preparation program who take the test and the number who pass the language and literacy portion.

(e) (Blank).

(f) Beginning on August 4, 2023 (the effective date of Public Act 103-488) this amendatory Act of the 103rd General Assembly through August 31, 2025, no candidate completing a teacher preparation program in this State or candidate subject to Section 21B-35 of this Code is required to pass a teacher performance assessment. Except as otherwise provided in this Article, beginning on September 1, 2015 until August 4, 2023 (the effective date of Public Act 103-488) this amendatory Act of the 103rd General Assembly and beginning again on September 1, 2025, all candidates completing teacher preparation programs in this State and all candidates subject to Section 21B-35 of this Code are required to pass a teacher performance assessment approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. A candidate may not be required to submit test materials by video submission. Subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under Section 18-8.15 may, after application to the State Board, receive from the State Board a refund for any costs associated with completing the teacher performance assessment under this subsection.

(f-5) The Teacher Performance Assessment Task Force is created to evaluate potential performance-based and objective teacher performance assessment systems for implementation across all educator preparation programs in this State, with the intention of ensuring consistency across programs and supporting a thoughtful and well-rounded licensure system. Members appointed to the Task Force must reflect the racial, ethnic, and geographic diversity of this State. The Task Force shall consist of all of the following members:

(1) One member of the Senate, appointed by the President of the Senate.

(2) One member of the Senate, appointed by the Minority Leader of the Senate.

(3) One member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(4) One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives.

(5) One member who represents a statewide professional teachers' organization, appointed by the State Superintendent of Education.

(6) One member who represents a different statewide professional teachers' organization, appointed by the State Superintendent of Education.

(7) One member from a statewide organization representing school principals, appointed by the State Superintendent of Education.

(8) One member from a statewide organization representing regional superintendents of schools, appointed by the State Superintendent of Education.

(9) One member from a statewide organization representing school administrators, appointed by the State Superintendent of Education.

(10) One member representing a school district organized under Article 34 of this Code, appointed by the State Superintendent of Education.

(11) One member of an association representing rural and small schools, appointed by the State Superintendent of Education.

(12) One member representing a suburban school district, appointed by the State Superintendent of Education.

(13) One member from a statewide organization representing school districts in the southern suburbs of the City of Chicago, appointed by the State Superintendent of Education.

(14) One member from a statewide organization representing large unit school districts, appointed by the State Superintendent of Education.

(15) One member from a statewide organization representing school districts in the collar counties of the City of Chicago, appointed by the State Superintendent of Education.

(16) Three members, each representing a different public university in this State and each a current member of the faculty of an approved educator preparation program, appointed by the State Superintendent of Education.

(17) Three members, each representing a different 4-year nonpublic university or college in this State and each a current member of the faculty of an approved educator preparation program, appointed by the State Superintendent of Education.

(18) One member of the Board of Higher Education, appointed by the State Superintendent of Education.

(19) One member representing a statewide policy organization advocating on behalf of multilingual students and families, appointed by the State Superintendent of Education.

(20) One member representing a statewide organization focused on research-based education policy to support a school system that prepares all students for college, a career, and democratic citizenship, appointed by the State Superintendent of Education.

(21) Two members representing an early childhood advocacy organization, appointed by the State Superintendent of Education.

(22) One member representing a statewide organization that partners with educator preparation programs and school districts to support the growth and development of preservice teachers, appointed by the State Superintendent of Education.

(23) One member representing a statewide organization that advocates for educational equity and racial justice in schools, appointed by the State Superintendent of Education.

(24) One member representing a statewide organization that represents school boards, appointed by the State Superintendent of Education.

(25) One member who has, within the last 5 years, served as a cooperating teacher, appointed by the State Superintendent of Education.

Members of the Task Force shall serve without compensation. The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson of the Task Force, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force.

On or before October 31, 2024 August 1, 2024, the Task Force shall report on its work, including recommendations on a teacher performance assessment system in this State, to the State Board of Education and the General Assembly. The Task Force is dissolved upon submission of this report.

(g) The content area knowledge test and the teacher performance assessment shall be the tests that from time to time are designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and may be tests prepared by an educational testing organization or tests designed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The test of content area knowledge shall assess content knowledge in a specific subject field. The tests must be designed to be racially neutral to ensure that no person taking the tests is discriminated against on the basis of race, color, national origin, or other factors unrelated to the person's ability to perform as a licensed employee. The score required to pass the tests shall be fixed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The tests shall be administered not fewer than 3 times a year at such time and place as may be designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board.

The State Board shall implement a test or tests to assess the speaking, reading, writing, and grammar skills of applicants for an endorsement or a license issued under subdivision (G) of paragraph (2) of Section 21B-20 of this Code in the English language and in the language of the transitional bilingual education program requested by the applicant.

(h) Except as provided in Section 34-6 of this Code, the provisions of this Section shall apply equally in any school district subject to Article 34 of this Code.

(i) The rules developed to implement and enforce the testing requirements under this Section shall include, without limitation, provisions governing test selection, test validation, and determination of a passing score, administration of the tests, frequency of administration, applicant fees, frequency of applicants taking the tests, the years for which a score is valid, and appropriate special accommodations. The State Board of Education shall develop such rules as may be needed to ensure uniformity from year to year in the level of difficulty for each form of an assessment.

(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23; 103-488, eff. 8-4-23; revised 9-1-23.)

Section 35. The Rental Housing Support Program Act is amended by changing Section 30 as follows:

(310 ILCS 105/30)

(Section scheduled to be repealed on September 30, 2024)

Sec. 30. Illinois Rental Housing Support Program Funding Allocation Task Force.

(a) The Illinois Rental Housing Support Program Funding Allocation Task Force is hereby created. The Task Force shall consist of the following members:

(1) One member appointed by the President of the Senate.

(2) One member appointed by the Minority Leader of the Senate.

(3) One member appointed by the Speaker of the House of Representatives.

(4) One member appointed by the Minority Leader of the House of Representatives.

(5) One member appointed by the Illinois Housing Development Authority.

(6) One member representing the Chicago Low-Income Housing Trust Fund, appointed by the Board of Directors of the Trust Fund.

(7) One member representing a local administering agency from Cook County (excluding Chicago), DuPage County, Lake County, Kane County, Will County, or McHenry County, appointed by the Governor.

(8) One member, appointed by the Governor, representing a local administering agency from a small metropolitan area from one of the following areas: Springfield, Rockford, Peoria, Decatur, Champaign, Urbana, Bloomington, Normal, Rock Island, DeKalb, Madison County, Moline, Pekin, Rantoul, or St. Clair County.

(9) One member representing a local administering agency from a rural area, appointed by the Governor; as used in this paragraph, "rural area" means an area of the State that is not specifically named in paragraph (7) or (8).

(10) Three members from an organization representing Illinois county clerks and recorders, appointed by the Governor, as follows:

(A) one member from Cook County (excluding Chicago), DuPage County, Lake County, Kane County, Will County, or McHenry County;

(B) one member from a small metropolitan area from one of the following areas: the cities of Springfield, Rockford, Peoria, Decatur, Champaign, Urbana, Bloomington, Normal, Rock Island, DeKalb, Moline, Pekin, or Rantoul or Madison County or St. Clair County; and

(C) one member from a rural area, appointed by the Governor; as used in this subparagraph, "rural area" means an area of the State that is not specifically named in subparagraph (A) or (B).

(11) Up to two members representing a Section 501(c)(3) affordable housing advocacy organization, appointed by the Governor.

(12) One additional member appointed by the Governor.

Members of the Task Force must be appointed no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly. If any members are not appointed within the 30-day period, the entity or person responsible for making the appointment shall be deemed to have forfeited the right to make such appointment.

(b) Once appointed, the members shall elect a chairperson and vice chairperson by a simple majority vote.

If a vacancy occurs on the Task Force, it shall be filled according to the initial appointment.

At the discretion of the chair, additional individuals may participate as nonvoting members in the meetings of the Task Force.

Members of the Task Force shall serve without compensation. The Illinois Housing Development Authority shall provide staff and administrative services to the Task Force.

(c) Once all members have been appointed, the Task Force shall meet not less than 3 times to carry out the duties prescribed in this Section. Members of the Task Force may attend such meetings virtually.

(d) A report delineating the Task Force's findings, conclusions, and recommendations shall be submitted to the General Assembly no later than September 30, 2024 2023.

(e) The members of the Task Force are exempt from requirements of the State Officials and Employees Ethics Act, the Illinois Governmental Ethics Act, or any other applicable law or regulation that would require Task Force members to complete trainings, disclosures, or other filings since the Task Force is of limited duration and is charged only with delivering a non-binding report.

(f) The Task Force shall study and make recommendations regarding the equitable distribution of rental housing support funds across the State. The Task Force shall also work with the Illinois Housing Development Authority as funding allocations will be required to be adjusted due to data released by the United States Census Bureau on the 2020 decennial census.

(g) This Section is repealed on September 30, 2025 2024.

(Source: P.A. 102-1135, eff. 7-1-23.)

Section 40. The State's Attorneys Appellate Prosecutor's Act is amended by changing Section 3 as follows:

(725 ILCS 210/3) (from Ch. 14, par. 203)

Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government.

(a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall consist of 10 members as follows:

(1) Eight State's Attorneys, 2 to be elected from each District containing less than 3,000,000 inhabitants;

(2) The State's Attorney of Cook County or his or her designee; and

(3) One State's Attorney to be bi-annually appointed by the other 9 members.

(b) Voting for elected members shall be by District with each of the State's Attorneys voting from their respective district. Each board member must be duly elected or appointed and serving as State's Attorney in the district from which he was elected or appointed.

(c) Elected members shall serve for a term of 2 years commencing upon their election and until their successors are duly elected or appointed and qualified.

(d) A bi-annual election of members of the board shall be held within 30 days prior or subsequent to the beginning of each odd numbered calendar year, and the board shall certify the results to the Secretary of State.

(e) The board shall promulgate rules of procedure for the election of its members and the conduct of its meetings and shall elect a Chairman and a Vice-Chairman and such other officers as it deems appropriate. The board shall meet at least once every 6 3 months, and in addition thereto as directed by the Chairman, or upon the special call of any 5 members of the board, in writing, sent to the Chairman, designating the time and place of the meeting.

(f) Five members of the board shall constitute a quorum for the purpose of transacting business.

(g) Members of the board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(h) A position shall be vacated by either a member's resignation, removal or inability to serve as State's Attorney.

(i) Vacancies on the board of elected members shall be filled within 90 days of the occurrence of the vacancy by a special election held by the State's Attorneys in the district where the vacancy occurred. Vacancies on the board of the appointed member shall be filled within 90 days of the occurrence of the vacancy by a special election by the members. In the case of a special election, the tabulation and certification of the results may be conducted at any regularly scheduled quarterly or special meeting called for that purpose. A member elected or appointed to fill such position shall serve for the unexpired term of the member whom he is succeeding. Any member may be re-elected or re-appointed for additional terms.

(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21.)

Section 99. Effective date. This Act takes effect upon becoming law.".